Duties in higher education law. Governing universities: autonomy, duty and the law in the Flemish Community

This paper delves into the evolving legal and policy landscape governing higher education institutions in the Flemish Community, focusing on the tension between constitutional autonomy and institutional duties. While the Belgian Constitution enshrines the freedom of education, this autonomy is increasingly balanced against societal responsibilities, especially in light of public funding and democratic accountability. The study explores how duties are operationalised through political discourse, open legal norms, quality assurance mechanisms and funding instruments. It highlights the paradox whereby efforts to enhance accountability may inadvertently erode institutional autonomy, leading to increased administrative burdens, legal ambiguity, and potential misalignment with academic realities. Drawing on constitutional analysis, international soft law and empirical insights from Flemish university leaders, the paper advocates for a governance model that respects academic freedom while ensuring transparent, participatory processes for defining institutional responsibilities. Ultimately, it calls for a nuanced approach that safeguards the legitimacy and vitality of higher education within a democratic society.