The Future of Democracy and Academic Freedom in Central Europe: A Neo-Nationalism and University Brief. Research & Occasional Paper Series: CSHE.16.2023

This brief discusses cases of neo-nationalist violations of academic freedom in Hungary and Poland. The most prominent case of neo-nationalist violation of academic freedom in Hungary is the fate of the Central European University (CEU). The circumstances of CEU's forced move out of Hungary came before the European Court of Justice regarding it a possible violation of EU law. The Court cited the General Agreement on Trade in Services (GATS) under one of the three pillars of the World Trade Organisation (WTO) 1994 agreement, free trade, and the determination that CEU was a form of international educational services that should not be denied to the people of Hungary. Poland has a similar hostile environment to academics and academic freedom, although with a glimmer of hope following recent elections. The brief also discusses how such open breaches of academic freedom as in Hungary or Poland, in which politicians directly try to exert influence on research institutions and professors, are fortunately rather rare in Germany. However, a confluence of factors perhaps obscures the differences between "academic freedom" and the "freedom of opinion." In Germany, academic freedom includes the search for topics, rigorous methodical investigation, and professional norms to express findings and competent opinions, whereas the free speech is outside of these professional norms. The brief concludes with a discussion of the role of universities and the future of democracy in the context of ensuring a space for free and open debate.