The Lower House of Parliament definitively approves the new Organic Law on the University System
News - 2023.3.9
This marks the completion of the procedure, and all that remains is the subsequent publication in the BOE and its entry into force, which will take place 20 days after publication. The new text is the outcome of a long process of consultation and listening to the different actors in the university system.
"I am proud of this law because I believe that it allows universities to continue to maintain an essential function they have been carrying out for hundreds of years. They are and will continue to be fundamental pillars for preserving ideological pluralism, for the generation of critical knowledge, for the human and professional preparation of young people, for the development of research and innovation and for its transfer to society," said the minister, Joan Subirats.
Reducing precariousness: a priority objective
The new law proposes numerous measures to reduce precariousness in the university system as a whole.
It reduces the percentage of teaching staff with a temporary status from 40% to 8%.
The law recovers the original purpose of the figure of associate lecturers, who will contribute their knowledge in the subjects in which their professional experience is relevant, establishing a maximum of 120 teaching hours and with no obligation to carry out management and coordination tasks. The working conditions of associate lecturers are dignified by making their temporary positions permanent, a measure which will benefit more than 25,000 lecturers and will give them the right to recognition of seniority, severance pay, etc.
The figure of substitute teaching staff is incorporated in the law, the sole purpose of which is to replace teaching staff with the right to keep their posts who temporarily suspend their services.
Financing
The new Organic Law of the University System sets out a commitment to a minimum expenditure of 1% of GDP. "This increase is in line with the previously agreed minimum of 5% of GDP spending on education in the LOMLOE, and the 1.25% proposed in the Science Law", the minister said with reference to this funding commitment.
Capping university fees: a measure for students and families.
How the 2008 economic crisis was managed had a direct impact on university funding. The reduction in public spending on university education went hand in hand with permanent increases in public prices.
In this legislature, once the so-called 'fork system' was repealed, the proposal from the Ministry of Universities to establish a maximum figure for public university prices was approved by majority vote of the autonomous communities, thereby reducing the differences between autonomous communities while setting ceilings to avoid excessive price increases.
The LOSU consolidates these measures by establishing that the autonomous communities will set prices following the general principle of containing or progressively lowering prices. In brief, this means that public prices can only be reduced or maintained, never increased.
A university for all ages
Among the main changes introduced by Minister Subirats are those relating to lifelong learning, or in other words making universities accessible to all ages, thereby responding to the skills needs of adults and to the demographic changes expected in the coming years. The law, in short, makes lifelong learning a basic function of universities. Own lifelong learning qualifications will be established through a variety of modalities, including micro-credentials, micro-modules and other short-term qualifications.
"Micro-credentials is one of the EU policies that this law incorporates," the minister said.
A more predictable, shorter and more stable academic career
Organic Law on the University System (LOSU)
LOSU is also intended to be a tool capable of providing teaching and research staff with security and guarantees. It makes academic career paths clearer and more predictable, with three stages instead of the four provided for in the Organic Law of Universities (LOU): access, stabilisation and promotion.
It will take only ten years from the start of doctoral studies to stabilisation, thereby rejuvenating the university workforce. Access to an academic career will be through the position of Assistant Doctor, with a 6-year contract (instead of the 5 years established in the LOU), eliminating accreditation for this position in line with the rest of European countries, and access through public competition. This raises the entry age and also enables international talent to be attracted.
After these 6 years, stabilisation can be achieved through the positions of Tenured University Lecturer or Permanent Lecturer, by means of the relevant accreditation and a public competition. The promotion figure will be that of Professor.
Emphasis has also been placed on aspects relating to returns to society by incorporating new principles for the evaluation of teaching staff. These will be both qualitative and quantitative, taking into account open access to publications, the territorial impact of research, linguistic plurality, professional experience, and the particularities of each academic discipline. Furthermore, to avoid the preferential treatment of in-house candidates, in all public competitions the university organising it will have a minority role and the members will be chosen by lot.
Internationalisation
LOSU is articulated in the European Higher Education Area and this framework is present throughout its articles. For the first time, LOSU incorporates a title dedicated to internationalisation. The government, autonomous communities and universities will draw up strategies to internationalise the university system. European, Euro-regional and international university partnerships are strengthened, with the promotion of shared degrees.
In this law, the international mobility of students, teaching and research staff and administrative and service staff becomes a priority. In addition, study visas are streamlined to attract talent and, upon completion of undergraduate, master's or postgraduate studies, a two-year visa will be available for internships or work experience.
The LOSU has also created a new figure of Distinguished Professor, whose function is to attract national and foreign professors of academic and research prestige.
LOSU, a law to broaden the rights of the university community as a whole
The overall aim has been to continue along the path already started by the University Coexistence Act, thereby providing the whole text with a set of rights and recognitions previously overlooked. In terms of gender, to create a university, be it public or private, there must be equality plans, measures to eliminate the salary gap and protocols against all types of harassment. Moreover, Equality Units and Diversity Units will be mandatory and all university bodies and staff evaluation and selection committees must ensure a balanced composition between women and men. In addition, in competitions and under equal conditions of suitability, positive action may be applied to recruit the under-represented sex.
With regard to disability issues, Diversity Units must have a disability service and a plan for inclusion and non-discrimination on the grounds of disability, ethnic and national origin, sexual orientation and gender identity, and any other social or personal status. It also establishes a reserve quota for people with disabilities in public job offers, universities must provide sign language to students, and they must promote their own studies adapted to people with intellectual or other disabilities.
Student body
LOSU is a law designed for students, whatever their age. University life and the quality of teaching are two key elements of student rights, and this is reflected in the law.
Their participation in university governing bodies, including the teaching bodies and Faculty and Department Councils, reaches a minimum of 25% in the LOSU, whereas in the LOU no percentage was guaranteed. The LOSU provides for the creation of the University Council of Universities, which will be the highest representative and coordinating organism of the student body. It also encourages student participation in the management of university services, in the development of mentoring and tutoring, and in university life as a whole. The list of student rights established by this law is extensive and includes the right to academic unemployment.
A law for a change of era
In short, LOSU sets out the horizons towards which universities must move, increasing their autonomy and providing them with the necessary tools to confront the changes taking place in society. The university system as a whole is strengthened to meet the new challenges by adapting prospects in terms of funding, innovation and revaluation of teaching, deepening the transfer of knowledge to society and setting the path already started by the Ministry of Universities in terms of the democratisation of access to university, in matters of rights and university autonomy.
"Universities are and must continue to be the beacon that projects Europe's values to the world: democratic values, social rights, equality and recognition of diversity, also ensuring their increasingly greater contribution to social needs and challenges", said the minister, Joan Subirats, in his speech in parliament.
Non official translation