Beyond regulation: an institutional perspective on protection of academic freedom and institutional autonomy

Academic freedom and institutional autonomy (AF/IA) are increasingly under pressure and can no longer be taken for granted. Legal measures to better protect AF are being considered within the European Union. This article aims to inform the debate on the development of EU legislation from a legal perspective, drawing on insights from institutional theory. The article is based on legal analysis and use a law and social sciences approach.Some distinct academic approaches to AF/IA will be explored to identify the key dimensions of AF/IA. Inspiration is drawn from institutional theory as interpreted by Scott (2014) to argue that effective regulation is only possible if we simultaneously have a clear picture of how AF/IA are approached by all relevant actors: legal (regulatory), normative or even cognitive (cultural). The EU’s competences and legal framework are examined to assess whether, and if so how, all dimensions of AF/IA can be covered in legislative action. Given the EU’s multi-level governance model, we need to see how AF and IA are treated in national legislation and case law. Some national cases will illustrate this.Concluded will be with the meaning of the previous for the further development of EU regulation to protect AF/IA.