New TU Linz: “Beacon” with doubts

With 22 public universities and 21 technical colleges, Austria already has a dense university network. There are also private universities and colleges of education. With the TU Linz, however, a “university of a completely new type” is to shape the landscape. There is talk of a model for the future: unique in terms of content, flexible in terms of structure. To this end, the TU is to be established as a state university, but not fall under the University Act.

In the assessment, this legal construction and its offshoots caused sharp criticism – more on this at ooe.ORF.at. Some even called for the project to be shelved. But despite the concerns – especially from the university sector – politicians want to stick to their plans: the TU Linz will go into operation as an “independent university institution” outside of the university law, according to the ÖVP-led Ministry of Science on ORF.at.

We are still in the process of reviewing the comments. There will be changes, which exactly, the department did not want to reveal because of ongoing talks with the coalition partner. What is fixed is that the basic orientation is not shaken. One takes the criticism seriously, one cannot understand the concern that the construction of economic and political influence would open the floodgates. “Fundamental rights” would not be undermined with the new TU.

Other regulations apply

In an interview with ORF.at, constitutional lawyer Klaus Poier explains that the University Act forms the legal framework for public universities. “If the decision is that a university does not fall under the University Act, then you obviously want different regulations to apply to this university than to the other universities,” says the head of the Center for University Law and University Governance at the University of Graz.

The constitutional lawyer does not want to evaluate the legal form of the new TU. He points out that the University Act has proven its worth so far. On the one hand, it is flexible, so that the public universities can design “certain freedoms” themselves in the sense of their autonomy. On the other hand, the law would regulate in detail questions about university funding, the appointment of professorships and equal treatment agendas, according to Poier.

Specifications possible

A separate legal framework will be created for the TU Linz. In mid-June, the founding law, which has already been reviewed, is to be passed by the Council of Ministers and sent to Parliament. After the decision of the National Council, which is possible before the summer break, the coalition will probably quickly negotiate the second TU law. This should regulate the organization and ongoing university operations.

It is unclear whether there will be any changes to the content. The planned focus on “digitization and digital transformation” is a “cross-sectional matter” that affects all universities, not just the new TU, the constitutional service noted. The question arises as to how the area of ​​activity of the planned university is “clearly” delimited from those of the other universities. Experts also said that the profile of the TU Linz is not actually a technical university at all.

The ministry wants to address this “internally” and at the same time refers to the planned founding convention. In the initial phase, this committee, which consists of nine people, will set the course for the TU. This includes, for example, the provisional study program.

Surprising Announcement

It was already clear at the end of August 2020 that Upper Austria should be a technical university. At that time, Chancellor Sebastian Kurz (ÖVP) launched the first plans for a “digital university” without going into details. Business and politics were pleased, the universities wanted to wait and see, and the science department was “somewhat surprised” by the announcement, as one of those involved said.

This may also be due to the fact that the ÖVP-Greens government program does not provide for the establishment of a university. In addition, the universities in Upper Austria have a technical focus anyway because of their proximity to industry. In 2014, the state also wanted to expand the renowned Hagenberg software park. A professor for software science from the Johannes Kepler University (JKU) should take over its management. In the appeal process, however, the requirement to promote women was violated. The professorship was withdrawn.

In recent years, “structural and content” perspectives for the JKU have been discussed, but there was no talk of a new TU. Kurz’s announcement in the summer of 2020 was all the more surprising. A short time later, a preparatory group took care of the cornerstones of the TU, and a concept group took care of the technical orientation. Two other groups, made up of experts from the ministry, the state of Upper Austria and the JKU, dealt with the future location and legal issues.

“Degree of vagueness and airiness”

“The Ministry of Science organized the preparatory group well despite the rush,” says one member. The talks about the new university were open, all stakeholders were involved, “even if the Upper Austrian part was overrepresented”. But there was an “egg dance”, as the person explains. You didn’t know what exactly you wanted and where to ask. “The problem is: you always want to have everything, a both-and. But if politics promises excellence, one should have taken more time.”

It was clear right from the start that the members from the university area were more skeptical about the TU idea than the people from the ministry and from the state of Upper Austria. “Of course, attempts to promote science and innovation are to be welcomed. The TU was and will continue to be seen as an opportunity,” says a researcher who was involved in the process. However, the concept has retained “a degree of vagueness and airiness” to this day. It was pointed out in the talks that more concrete content and structures were needed.

In the opinion of those involved, many things had not been thought of. “We don’t know what quality criteria are planned or whether a working group for equal opportunities provided for in the university law will be set up,” says the person. Especially when it comes to technology, it is important to legally anchor the advancement of women and equal treatment issues, the interviewees told ORF.at.

question of equal treatment

It was often pointed out in the statements that the law on the founding of the TU did not contain any provisions that would ensure the advancement of women at the current level of domestic universities. Specifics are also missing in the explanations of the law. The working group for equal opportunities at the JKU writes that the proportion of female professors is currently only 16.3 percent, despite the statutory women’s quota of 50 percent – at the Faculty of Engineering and Natural Sciences the proportion is only 8.6 percent.

ÖVP Minister of Science Martin Polaschek said after the statements that the founding of a new university was “not an easy subject”. ) and the other technical universities, he said, trying to calm down there would be no disadvantages for the other universities.

It was heard from the working groups that criticism of the TU concept should be taken seriously. The orientation of the content and the legal framework must be debated. With regard to the latter, constitutional lawyer Poier reminds of the Danube University Krems, which was only integrated into the University Act 25 years after its foundation in 2019. However, politics was behind the move. For example, state governor Johanna Mikl-Leitner (ÖVP) said at the time: The admission was “deserved” and a “hard piece of work”.

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