De vrijheid van het bijzonder onderwijs - pagina 240

such a procedure becomes obvious when one reaUses that more than one

legal stipulation bears insufficient relationship to either the right to award

degrees having effectus civilis or the right to receive State subsidies.

The Law of 1970 reforming university management presents an example of

such stipulations. There is no direct relationship between subsidization and

democratisation. It may be argued that democratisation is of social value but

private universities and high schools have their own values. These values

could well be at variance with those of the State. It is therefore doubtful if

the State can under the Constitution force private higher education to

democratise.

A second example is the Law on lecture fees of 1974. Contrary to other

laws this law applies directly to both private and public universities and high

schools. Amongst others this law restricts the freedom of private higher

education to deny enrolment to those students, whose attitude towards

private higher education might warrant such denial. Thus it infringes the

Constitution.

The Law of 1975 to restructure academic education constitutes a third

violation of the Constitution. The aim of this law is to improve the

efficiency of academic education by shortening and maximizing college days.

The law limits the length of studies and thus of the quality of higher educa-

tion. As a consequence any private university or high school whose educa-

tion exceeds the conditions of this law loses its right to award degrees having

effectus civilis. This is in violation of the Constitution that is concerned with

minimum requirements for the quality of private higher education only.

Maximum limits of the quality of academic education are contrary not only

to the nature of higher education but also against the Constitution.

Due to the gradual restriction of the freedom of private higher education

and the growing autonomy of public universities and high schools private

and public higher education have grown towards each other. The question

therefore arises whether private universities and high schools still have a right

to exist as such. This thesis shows that although freedom has been restricted

private universities and high schools continue to enjoy greater liberty than

public higher education. To maintain their specific character the private in-

stitutions must make use of their freedom. The main responsibility in this

respect lies with the governing boards.

Legally there remains sufficient freedom to give more shape to the specific

character of each of the existing private universities and high schools. It is up

to all those who are associated with private higher education to make the

most of this freedom.

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