Regarding the decision of the Supreme Administrative Court, by which the methodology for calculating the university evaluation was declared unlawful, The Governing Board of the Council of Rectors expresses the following opinion:
Although not final, the court decision cannot but raise concerns about the consequences it will cause. The fact that on March 23 (i.e. even before the date of the SAC decision) on the Public Consultation Portal of the Council of Ministers, the NEAA proposed for public discussion a new version of this methodology is a direct indication that such a development of the litigation was expected by the Agency.
For us, the state of legal uncertainty, in which it is not clear what the fate of the completed accreditation procedures, carried out with the application of the methodology declared illegal, and what will happen with the currently ongoing procedures, in which it was also applied, but which have not yet been completed, and what will happen with future procedures, which will potentially be carried out with the operation of a future new methodology - is the most unpleasant situation in which the higher education system in our country could find itself.
The adoption of a new methodology is only an element of solving this complex equation, but it is extremely insufficient, without simultaneously initiate legislative changes in the Higher Education Act, regarding:
the regulated thresholds of minimum accreditation scores that allow higher education institutions to work with foreign students and with regard to the export of our higher education abroad – Art. 21 of the Higher Education Act;
the definition of the types of higher education institutions and on this basis the implementation of item 10.2.5. of the Strategy for the Development of Higher Education in Bulgaria until 2030, namely the legal regulation of the differences in terms of requirements, financing, accreditation, organization of training, scientific research, management and other inherent activities of the respective types of higher education institutions.
It is precisely the lack of a systematic approach in lawmaking by the state and the poor coordination between the managements of the Ministry of Education and Science and the National Agency for Education and Science, that has visibly led to the work of each of the two institutions “in pieces” and is a direct cause of the current situation. It becomes clear that the metrics included in the methodology were not taken into account, both with the objective data reflecting the quality of education that each higher education institution offers and which are well known among the higher education institutions themselves, and with the fact that the assessments that this methodology forms do not allow reaching the minimum threshold set in the law, which thus turns out to be unrealistically high. At the same time, the methodology does not take into account the differences between the types of higher education institutions defined by the Strategy.
The Council of Rectors publicly warned all state institutions about this effect of the methodology declared illegal at its meeting in Veliko Tarnovo in October 2024 and in response received a promise that a revision of the Higher Education Act in the specified part was forthcoming.
Subsequently, such a change was not only not initiated, but was not even discussed with our organization within the framework of the legislative intentions of the Ministry of Education, Science and Technology, despite its relatively easy implementation.
We establish in the platforms of all political parties participating in the upcoming parliamentary elections that the main emphasis should be to highlight the intention to place at the center of their future policies in the field of higher education the work of Bulgarian universities with foreign students and on the international market. This is a long-standing cause of ours, which we are glad to see recognized.
We are obliged to warn them in good faith, as well as the members of the caretaker government, that the proposed change to the NEAA methodology, which is about to be adopted, without the mandatory legislative changes in the Higher Education Act and prior approval of the final results of the accreditation assessments received, will lead to even more serious damage in the current situation. It is unclear why no one is commenting on such a change in the Higher Education Act and why it is not on the agenda?
The Rectors' Council, at a meeting of its newly elected Management Board, in the days before the court decision was issued, decided to establish its permanent working group on the quality of education and scientific research, which will develop a position in the above-mentioned direction. We fear that the period for public discussion of this act of the NEAA, which is so important for the development of the system, is too short, given the enormous amount of work that needs to be done. In order to achieve high-quality lawmaking, we will offer our management ideas and specific solutions to both the NEAA management and the MES team.
Specifically, regarding the consequences of the court decision, the Rectors' Council is open to dialogue with the MES and NEAA management in order to ensure stability in the system and prevent administrative chaos. We do not exclude from the possible measures the adoption of special validation legislation, which would be a reasonable legal outcome in such a complex situation.
Sincerely:
Board of Directors of the Council of Rectors of Higher Education Institutions in the Republic of Bulgaria