Act no. LXXII. of 2020 on the Foundation for the University for Theater and Film Arts (academic freedom) (3/2020)

Stampa

Name of the act/s*

2020. évi LXXII. törvény a Színház- és Filmművészetért Alapítványról, a Színház- és Filmművészetért Alapítvány és a Színház- és Filmművészeti Egyetem részére történő vagyonjuttatásról / Act no. LXXII. of 2020 on the Foundation for the University for Theater and Film Arts and on the endowment to the University for Theater and Film Arts and the Foundation for the University for Theater and Film Arts

Subject area

academic freedom

Brief description of the contents of the act

On 3 July 2020 the National Assembly adopted Act no. LXXII. of 2020 on the Foundation for the University for Theater and Film Arts which entered into force five days later. The act set up a foundation to which the most important rights of control over the operation of the university, of the management of its wealth and of the appointment of its faculty were delegated. The foundation operates under the supervision of the Minister of Innovation and Technology. The board of the foundation was authorized – among others – to adopt the budget of the university, to approve its internal regulation and to exercise influence on the selection of the rector (president).

Comment

In practice, this development is part of a broader process, i.e. the “privatization” of certain state universities. Most of the institutions put under the control of a “private” foundation, such as the University for Theater and Film Arts, continue to be financed by the state. In theory, this new system could even enhance the autonomy of universities. However, the circumstances of the adoption and the implementation of this reform raise serious concerns.

Upon the request of the Ministry, the senate of the university prepared a proposal for the new international regulations necessary for the implementation of the reform. The board of the foundation however completely ignored the senate’s proposal and issued the new internal regulations without the senate’s consent. The board authorized itself to appoint the most prominent members of the university’s leadership.

The reason why these decisions are particularly concerning is that the members of the board were appointed by the ministry on the basis of their political worldview. This reform is strongly associated with the culture war waged by the government against the cultural sphere allegedly dominated by the “leftist-liberal” elite ever since the fall of the socialist dictatorship. It is very often argued by the government and artists closely affiliated with the government that such and similar reforms are necessary to remedy the repression of Christian-conservative artists and values.

As a response to these decisions of the foundation’s board, the leadership of the university and several members of the faculty resigned, the remaining professors went on strike and the students blockaded the university. After more than two months of resistance, the students announced on 9 November 2020 the end of the blockade due to the restrictions introduced by the government because of the pandemic.

Secondary sources/ doctrinal works (if any)

Viktor Z. Kazai: Aux armes, comédiens!: The freedom of the arts and sciences under siege, Verfassungsblog, 7 September 2020, available at: https://verfassungsblog.de/aux-armes-comediens/

Luca Kristóf : Cultural policy in an illiberal state. The case study of Hungary after 2010. Intersections East European Journal of Society and Politics, 3 (3) (2017), http://real.mtak.hu/63433/

Iván Bajomi et al.: Hungary Turns its Back on Europe. Dismantling Culture, Education, Science and the Media in Hungary 2010-2019 (Budapest: Hungarian Network of Academics, 2020), available at: http://mek.oszk.hu/20200/20273/20273.pdf

*Act citation /year and number

Act no. LXXII. of 2020 on the Foundation for the University for Theater and Film Arts and on the endowment to the University for Theater and Film Arts and the Foundation for the University for Theater and Film Arts

Enacted by

National Assembly

Official link to the text of the act

http://njt.hu/cgi_bin/njt_doc.cgi?docid=220656.386066