Mungiu-Pippidi 2011
Mungiu-Pippidi 2011
Mungiu-Pippidi 2011
A R T I C L E I N F O A B S T R A C T
Article history: Romania is perceived as the most corrupt EU member state according to Transparency International
Received 16 October 2009 Corruption Perception Index. In 2008–2009, a grassroots coalition of civil society organizations and
Received in revised form 23 February 2010 education stakeholders created the Coalition for Clean Universities which organized the first assessment
Accepted 28 March 2010
of integrity of the Romanian higher education system, The Coalition evaluated 42 state universities on the
basis of an original methodology, in terms of Administrative Integrity, Academic Integrity, Democratic
Keywords: Governance, Academic Governance and Sound Finance for a time internal of one academic year. The
Higher education
evaluation found systemic problems in the organization and functioning of university life, and attributed
Corruption
them to the failure to build accountability systems at university level following decentralization of higher
Grassroots movement
Eastern Europe education after 1989. The results, in the form of a ranking of universities, were made public and hotly
debated, creating a major incentive for universities to compete for a better public image, and therefore for
reform of their practices.
ß 2010 Elsevier Ltd. All rights reserved.
1. Introduction and research questions The percentage of Romanians claiming that public education is
corrupt is among the highest in Europe (see Table 1). A 2007 national
Education is one of the most important sources of public Gallup survey found that 22% of the Romanian students claim that, at
expense, therefore offering considerable opportunity for corrupt least once, someone from the faculty asked for gifts, money or other
practices. A 2007 UNESCO report (Hallak and Poisson, 2007) found favors. Thirteen per cent of students say they answered the requests
that corruption in education is a universal problem, although the at least once. Approximately the same number of interviewed
negative impact is mostly felt in developing countries. In Europe, teachers (23%) say they have been offered money, gifts or favors from
awareness of corruption is on the rise: a 2009 Eurobarometer students, even if only 2% admit having accepted them.3
found higher levels of public agreement compared to 2007 that This article investigates the public perception of corruption in
corruption is a problem for all levels of government, and across a Romanian higher education. It reviews the governance practices of
whole range of professions. In the most concerning cases, at least public universities in Romania through a survey of governance
nine out of ten respondents agree that corruption is a major practices organized by the Romanian Coalition for Clean Universities4
national problem. This is the case of Greece, Bulgaria, Hungary, (CCU), an alliance of NGOs, professional associations, student and
Malta, Cyprus, Slovenia, Portugal and Romania. According to teacher unions. CCU systematically monitored and investigated 42
Transparency International, the latter country has become since Romanian state universities during the academic years 2007–2009.5
joining EU in 2007 the most poor and corrupt EU member country The aim of the survey was to assess the Romanian public universities’
(together with Bulgaria).
3
The surveys were conducted by The Gallup Organization Romania, 2007.
Quoted after press release of the Open Society Fund Romania, http://www.osf.ro/ro/
comunicate_detaliu.php?comunicat=36, last accessed January 24, 2010.
4
* Corresponding author. Tel.: +40 746272677. The study was designed and conducted by the Romanian Academic Society on
E-mail addresses: Pippidi@hertie-school.org (A. Mungiu-Pippidi), behalf of the Coalition for Clean Universities. A full list of Coalition members and
andra@sar.org.ro (A.E. Dusu). documents can be downloaded from http://www.sar.org.ro/index.php?page=arti-
1
Alina Mungiu-Pippidi is Professor of Governance and Democracy Studies at col&id=366.
5
Hertie School of Governance in Berlin and the author of the methodology used by Forty-two state universities were evaluated out of a total of 46. Arts, police and
the Coalition for Clean Universities. naval institutes of higher education were excluded from the sample, because the
2
Andra Elena Dusu has an M.Sc. in European Political Economy from the London questionnaire could not be applied in these cases. The project was carried out in two
School of Economics and was the coordinator of this assessment project. stages, a pilot and an extended stage.
0738-0593/$ – see front matter ß 2010 Elsevier Ltd. All rights reserved.
doi:10.1016/j.ijedudev.2010.03.016
A. Mungiu-Pippidi, A.E. Dusu / International Journal of Educational Development 31 (2011) 532–546 533
adopted from the Western legal arsenal, which are centered on Table 2
Individual strategies to make the administration work under particularism.
individual prosecution, but rather from the historical development
of good governance in advanced societies and the transitional Strategy and N varies across Mechanism Satisfaction
strategies which were employed at the times. Resources countries (%) with Service
Where does postcommunist particularism come from? Connections 20–25 Personalize service Very good
Answers oscillate between the return of market to post-Commu- Regular Greasing 10–20 Increase efficiency Fair
nist Europe and the survival of Communist time organization and of service
Occasional greasing >50 Get some service Low or none
culture of administration (Treisman, 2003). The superimposition of
or abstention
communism on traditional rural societies led to a sort of neo- Mungiu-Pippidi (2005).
traditionalist or status societies governed by unwritten rules more
than formal laws (Jowitt, 1992). Max Weber (1968) originally
defined status societies as societies dominated by status groups system (Heyneman, 2002). More than corruption of any sector in
and ruled by convention rather than law. ‘The firm appropriation of such systemically corrupted environments, corruption in educa-
opportunities, especially of opportunities for domination always tion has dramatic consequences, as it socializes individuals into a
tend to result in the formation of status groups. The formation of culture of particularism and transforms them into contributors,
status groups in turn always turn to result in monopolistic rather than challengers of the system.
appropriation of powers of domination and sources of income’. The On the basis of this empirical model the Romanian Academic
explicit modernizing design of Communism failed due to the Society (SAR), a think-tank in Bucharest has organized starting
essential contradiction between the principle of ethical universal- with 2004 various anticorruption coalitions and campaigns based
ism and the existence of a privileged status group such as on a specific strategy (SAR, 2007, 2009; Romanian Coalition for a
nomenklatura enjoying a power monopoly, which transition Clean Parliament, 2005). The targets were the candidates for
converted in many cases in an economic advantage. A model of parliamentary elections, mayoral elections, and county elections
postcommunist particularism was further developed on the basis on one side and public agencies, including universities on the
of survey research (Mungiu-Pippidi, 2006). By cross-tabulating the other. The overall goal is to push actors whose behavior we want to
strategies that citizens employ to obtain a range of public services change to compete for public credit for their performance. The
and the satisfaction they get from the respective services, a original strategy, developed in connection with parliamentary
taxonomy of administrative practices results (see Table 2). As it elections, had four steps. The first step to exit the vicious circle of
turns out, only people who have some personal connection with particularism, is to organize the losers of the status quo against the
the individuals working in the public service receive a satisfactorily status groups and the predatory elites: in other words, to build an
response to their demands. The state works for them alone. Those insurrectional ‘army’. This should not be only an alliance of
who miss such connections, not being related to the right people or idealists, but of groups who stand to lose most by corruption. It
networks, have to bribe to get what they need (generally not a must necessarily contain a civil society that is politically engaged,
privilege, just the normal service) but that leaves them only although non-partisan, and broadly based: media, unions, church
moderately satisfied. And, finally, the large majority fails to either and NGOs of every type. The second step, and here international
personalize service or grease it, and they are quite unsatisfied with assistance can play a role (Romania acceded to NATO and EU in the
what they get.8 It is therefore the personal nature of the service space of a few years from 1999 to 2007, and as such enjoyed
rather than the monetary transaction which is the key pathological important international conditionality), is to create some institu-
feature of such administrations: the bribe appears mostly as a tional weapons that an anticorruption coalition or isolated
correction. The confusion of the private with the public sphere is anticorruption entrepreneurs can use for monitoring. The typical
near permanent and not always illicit. In other words, the general ‘institutional weapons’ are freedom of information acts, but there
norm is particularism, not universalism, despite new legislation are other regulations, such as the transparent and mandatory
adopted during transition years. Licit and illicit acts, classic disclosures of wealth for politicians, civil servants and magistrates
corruption and traditional patronage all mix in a practice where which are helpful. The third step is to set the new norm, which is
public spending does not succeed to operate on the random, fair ethical universalism, not particularism. The coalition should agree
and universal principles of modern bureaucracies. The lack of on some concrete criteria embodying this ideal and spell them out
performance from the part of the state during difficult transitions as a full action program. The targeted actors should then be
leads individuals in the public sector to make rational cost survival monitored by the criteria (the difference between the norm and the
calculations and adjust their behaviour accordingly: systemic actual practice) and the results should be made public. Finally, the
policy failure is thus mirrored by individual abdication from fourth step is to create incentives for the change of behavior. This is
modern administrative behaviour (Ledeneva, 1999). Even in the realized by the creation of a ‘market’ for integrity. Taking
most successful East European transitions after 1989 the stress was advantage of existing competitions is the best: the Romanian
rather on key structural economic adjustments than on social Coalition for a Clean Parliament succeeded in 2004 to make 98 MP
policies like health and education, where were carried out hastily candidates lose office and a government party with 20% lead at the
and without full consideration, resulting in mixed incentives and beginning of the campaign lose elections, due to triggering of a
gaps in oversight (Kornai, 2000; Scott, 2000). competition of integrity among political parties. Once the first
A situation where policy failure of the authorities is ‘corrected’ important political party accepted to cooperate (in exchange for
by massive deviant behaviour from professional norms by being publicly credited as a promoter of integrity) and submitted
individuals would of course be catastrophic in the field of its electoral lists to be screened by the Coalition the rest necessarily
education, precisely the place where future citizens are supposed followed, creating a snowball effect as the media also cooperated in
to be socialized into norms of modernity and rule of law. This can raising the stakes. Disclosure campaigns thus work best when
only hamper the central role of education sector in creating combined with circumstances where a form of market exists and
citizens who respect the laws and trust their democratic political so incentives can be maximized. In the case of universities, the
coalition announced that a integrity (originally was phrased as
8
Based on a EU survey in five Balkan countries. See Alina Mungiu-Pippidi,
‘corruption’) top will be established and the full survey will be
‘‘Deconstructing Balkan Particularism: The Ambiguous Social Capital of Southeast- published so that prospective students can make an informed
ern Europe,’’ Southeast European and Black Sea Studies, vol. 5, no. 1 (2005): 49–68. choice when applying to a state university.
A. Mungiu-Pippidi, A.E. Dusu / International Journal of Educational Development 31 (2011) 532–546 535
2. Methodology of coalition for clean universities growing number of private universities, also subjected to ARACIS
evaluation. As only public universities receive public funds and are
The Coalition for Clean Universities was created in 2006, in the subjected to regulations related to such funds the decision was
aftermath of major media scandals concerning fraudulent taken in the end to monitor them alone.
degrees. Even a Health Minister and professor at the Medical The 2007 UNESCO study by Hallak and Poisson found that
School (Mircea Beuran) was forced to resign his public office when systemic corruption in education is due to a combination of
it was proven that his major book had actually been plagiarized. internal and external factors. The internal factors quoted were
His university did not sanction him, however, as the practice of monopoly and discretionary power of management, low salaries
copying new textbooks ad literam from old ones was widespread and lack of incentives for quality teaching, absence of professional
in Romanian medical schools. By mid-2000s several online sellers norms, low management capacity, weak accounting and poor
developed of undergraduate dissertations. On www.licenta.ro, for public information. The external factors identified were lack of
instance, dissertations on all fields are offered for an average price access to information, lack of external audit and poor judicial
of 150–200 Euros. A professor (Vasile Docea) who intercepted an capacity, poor generalized administrative practices with fragile
email from a colleague offering a Master’s dissertation to a student budgets and low salaries (Hallak and Poisson, 2007). As Romania
was sanctioned by the Western University Timisoara Senate in was engaged in the ambitious process of EU accession, new
2007 for making the case public. The student passed the national legislation introducing better governance had been
examination despite being completely ignorant, and the professor recently passed or was under way. The questionnaire was designed
who had sold it resigned at his own initiative, blaming poor pay. to take advantage of recent legislation on freedom of information
Following public outrage, it took two years to the university to and procurement. A Freedom of Information Act (FOIA) was passed
elect a new Senate with professor Docea in it and the prosecutors in 2001: three rounds of surveys on monitoring its implementation
to start investigating the former Rector. The case showed the risk at the national level had already been carried out by SAR. A new,
that corruption becomes the norm in an autonomous university, EU-endorsed procurement law was passed in 2005 when Romania
where the Ministry of Education had lost all control levers from signed the EU Treaty of Accession. Furthermore, in 2003 a
Communist times. It was particularly problematic that the comprehensive anticorruption package was passed introducing
whistleblower was at some point threatened to be fired, while for the first time some regulations against conflict of interest. One
the culprit did not encounter significant problems with the of the important causes of systemic corruption signalled in the
university’s management. UNESCO report, poor laws and regulations was thus addressed by
In this circumstance, the need to take more systematic action 2007: the gap seemed to be rather between the practice in each
was deeply felt by SAR. The government passed a law on the quality university and this general legal framework.
of education in 2005 (Government Emergency Ordinance no. 75/ Seventy-five per cent of the items in the questionnaire covered
2005), establishing a supervisory body (the Romanian Agency for issues of university management and administration, and twenty-
Quality Assurance in Higher Education (ARACIS)) with responsi- five covered the governance of academic issues. Each evaluation of
bility for accrediting programmes and evaluating universities. This a university was therefore predominantly an evaluation of
body took over that responsibility from the National Council on university central management, as the Rector alone is in charge
Academic Evaluation and Accreditation (part of the Ministry of legally and financially and together with the Senate which elects
Education), which had granted accreditation (sometimes highly and can dismiss him he is the holder of nearly all power. To assess
controversially) since 1993. 54 private universities function in academic practice, a department was randomly selected for
Romania, having received state accreditation or some provisory investigation from within each university at a public meeting of
functioning authorization. The ARACIS board has to be approved by the Coalition. The passage from Communist authoritarianism to
Parliament and as such reflects the political majority in Parlia- rule by faculty has never been completed in Romania and
ment: members are all informally supported by some political universities have gained autonomy (Education Law no. 84 (r2)
party. No substantial conflict of interest regulations exist, so that from 24/07/1995, Art. 13), but mostly on behalf of management.
the board includes people from top university management who The faculty has no decision rights except to elect Councils who then
do not have to give up their positions at their original universities elect the Dean. The Deans are automatically members of the
while evaluating others. The first appointment of this body proved Senate. The Education, Research and Innovation Ministry’s main
a lengthy process and only few universities had been evaluated for responsibilities are reduced to approving the national strategy of
quality by 2007. education, to allocate education funding according to the law and
It was against this backdrop that SAR built a coalition to to confirm the appointment of rectors elected by the Senates (Art.
integrate all the stakeholders in the higher education system: 141 from Law no. 84 (r2) of 24/07/1995).
representatives of students, unions and professional associations The target population of the CCU survey was all public
or academic watchdog groups. A cooperation agreement was Romanian universities (46): Arts, police and naval institutes were
signed by partners such as the National Association of Romanian excluded, leaving 42 in total. While universities vary in size and
Student Organizations (ANOSR), the Group for Reform in number of departments (see Appendix A), the governance
Universities (GRU), the Romanian Academic Society (SAR), the practices do not vary greatly across one university, as most of
EduCer Association (EduCer), the Ad-Astra Association (Ad Astra), the decision lies with management and rules are adopted at
the FAR Association (FAR), and the Alma Mater Federation (the university, not department level (for instance the internal
largest teachers’ union). Ad Astra had previously computed the regulations, the ethical code, etc.). The department randomly
level of academic achievement of universities based on their ISI- selected was therefore simply the location within one university
Thomson contributions. EduCer, FAR and GRU had all fought locally where the survey inquired on academic practices in order to avoid
to denounce various abuses. The Coalition members decided to join surveying all departments unnecessarily.
forces in a programme which would monitor all state universities The evaluation team was composed of a senior academic (Ph.D.
for two years with the main goal of promoting integrity norms level) and a student. Evaluators were generally selected from
versus generalized bad practices. For this purpose SAR developed another university town and from a discipline different from that
an evaluation questionnaire meant to investigate the governance of the department and university they were evaluating, thereby
practices in a given university. The coalition debated if only public eliminating any potential conflict of interest. Seeing that very
universities should be monitored, as Romania has a large and special universities (such as Arts) were excluded, there was no
536 A. Mungiu-Pippidi, A.E. Dusu / International Journal of Educational Development 31 (2011) 532–546
need that evaluators have specific academic competencies in a responsiveness in providing it.9 The evaluators’ team approached
given departmental field in order to carry on a governance survey the universities in two steps, first by checking the website, and
based on a strictly procedural evaluation. Quite to the contrary, second by applying for information not available on the website
potential conflict of interest and even threats to evaluators had and rating the treatment that their request received as well as the
they come from within the field would have been serious quality of information. One university hired initially a legal firm to
problems. Evaluators started by testing the questionnaire in a protect its information in the pilot phase, claiming that public
pilot project and harmonizing their approach. universities are not subject to FOIA: after SAR sent a letter detailing
The questionnaire was designed to allow for checking of formal the legal procedures of FOIA, the university gave up the claim and
rules and informal practices and to measure the distance between granted full access.
the two. Section one, transparency and responsiveness was meant The documents thus received became the basis for the rest of
to evaluate the practices of university bureaucracy: the score for the evaluation, together with information from the universities’
this section (S1) was assigned a weight of 30% of the total score. The websites, meetings with management and local stakeholders,
general benchmark of transparency legislation (FOIAs) is that media and official reports from the Audit Court. The CCU has also
general information should be available ex-officio, without set up a website for unsolicited information. Evaluators publicly
applicants having to solicit it. A reasonable amount of information announced their presence at a university, so that every interested
should also be available so that students and faculty members, as party could contact them and provide additional relevant
well as members of the informed public (for instance journalists) information.
can check on the universities standards, chief activities and The second part of the questionnaire rated academic integrity,
practices. Ideally, all the relevant information should be posted on and here the data was collected at both university and department
the website of the university. Where there are material impedi- level to assign a second score, with a 20% weight (S2). As the
ments, key information should be posted in other forms, but it principles of merit and merit recognition are fundamental to
should be available without payment, either formal or informal. academic life and activities, this section of the evaluation checked
Such information should include (without being exhaustive): all therefore the existence of a regulatory framework enabling this
charters and internal regulations and guidelines; the budget and principle, but also the practice itself. The methodology developed
financing sources (including from private donations) of a public looks first at the regulatory framework, and then suggests a few
university; all competitions and their rules; composition of simple indicators to check on the practice. Under regulatory
committees who decide over public funds or appointments; framework, we need to check if:
summaries of students evaluations; formal decisions of disciplin-
ary committees; the yearly research, academic and financial - Guidelines for academic integrity exist in a concrete enough form
report; the list of faculty with their resumes, the curriculum and to provide behavioural standards;
syllabi. Aside the information which should be posted on the - They are properly advertised (for instance students have to
website, it is vital that easy access is provided for claimants, commit by signing when they enter the university);
journalists and civil society watchdogs to another type of - Rules and codes of conduct exist to reporting fraud and to
information, such as a typical contract form, copies of procurement establish procedures for addressing wrongful conduct;
decisions of over 10,000 Euros, a chart of teaching employment - Such regulations also provide voice for claimants and whistle-
allowing to evaluate actual teaching loads and remuneration, the blowers and establish that they will be heard by a different
statements of assets and conflicts of interest of the management, a authority than the one they complain against.
transcript of the budget debate and approval by the board (or
Senate), and all other elements adapted to the legal context which Under the practice category, we need to check if:
would allow to check on the principle of non-discriminatory access Such rules are enforced; proper committees meet regularly;
to information, the existence of procedures and standards of good improper behavior is reported (if no case of plagiarism has ever
governance, compliance to more general legislation, eventual been found, it is more likely there is no enforcement rather that
abuses of management to increase its personal profit (by favouring nobody has ever attempted it); instances reported as problematic
certain service providers, cumulating several fictional teaching are followed through and solved; the results are advertised so to
loads, allowing monetary premiums to themselves or favourites, discourage further bad practice; regular controls exist to provide
etc). Under FOIA (law 544/2001), disclosure is mandatory of any against systemic problems (students’ papers checked for plagia-
documents which are not classified in 30 days from the moment rism regularly, library checks if new dissertations do not copy old
the request is made. There are administrative and legal ways of dissertations, etc.); students complaints in their evaluations of
attack if a request is denied. professors are followed and the results reported back to them. The
The most sensitive issues were the most recent statements of teams inquired as to the existence of rules and procedures to
assets of the members of the university’s management board (Law combat plagiarism; they checked whether any cases of academic
144/2007 requires such statements to be posted on the Internet at malpractice had ever been discussed and exposed; they examined
the beginning and end of any new term of public office), and the the correlation between output in terms of number of publications
minutes of the most recent meeting of the university’s ethics and academic rank and salary; and they verified the presence in
committee (the 2005 law on the quality of education made such a class of both faculty and students, as absenteeism is massive at
committee mandatory, but very few such committees were even Romanian universities.
created, let alone met). Each university was evaluated according to The third category evaluates practices governing employment,
their response to the requests: the more documents they provided careers and decision making. The benchmarks used for assessing
or posted on the website as statutorily required, the more points good governance were the Romanian faculty statutes, as well as
they accumulated. A greater weight was granted (5 points) for the the general benchmarks for public sector employees. It generates a
presence/absence of statement of assets and interests of manage- third score, S3, assigned a weight of 35% from the final score. The
ment on the website. These are regulated by a special law (78/
9
2003) and their accuracy is controlled by a state agency created in This methodology was used before by SAR to test transparency and
responsiveness of the public sector agencies. Originally it was inspired by Robert
2008, Agency for National Integrity, which was under organization Putnam’s questionnaire used to rate the Italian regional governments, described in
at the date of this project. The final rating reflected the range of Putnam, Robert D., Robert Leonardi and Raffaella Y. Nanetti Making Democracy
information available, its quality (updated, correct) and the Work. Princeton: Princeton University Press, 1993.
A. Mungiu-Pippidi, A.E. Dusu / International Journal of Educational Development 31 (2011) 532–546 537
evaluators assessed the openness of recruitment competitions relied on official Audit Court reports (which are seldom followed
(Romania inherited a hierarchical faculty system from communist up due to unclear legislation even when they recommend
times, with universal tenure). Are recruitment competitions, at prosecution), procurement documents and eventual disclosures
least at entrance level, advertised properly, and open to every- by informants which could be been checked.
body? Are jobs and fellowships properly advertised? Are A total of 100 points was awarded to all these four categories.
examinations fair and do they offer equal treatment to candidates? They can be weighted equally or given different weights, according
Are such competitions truly competitive? Evaluators also checked to the importance of problems depending on country. In the
the existence of cases of nepotism (management or influential Romanian case, the weights were decided according to the impact
faculty members hiring their own relatives). Are salaries or of the area on goals of education (therefore procurement was
bonuses correlated to merit or management uses its discretion to ‘discounted’), but also according to the number of items checked at
reward cronies? To evaluate whether advancement was based on each category (the full questionnaire is included in Appendix C).
merit, the evaluators were instructed to check the correlation Furthermore, from the total score 10 point penalties were
between faculty rank and number of international publications, as deducted for situations of an exceptional gravity (with a maximum
Romanian law requires associate professors and professors to have set at 40). Under penalties (P) evaluators checked if the university
the highest number of peer-reviewed publications. Bad regulations was repeatedly sued for malpractice or abuse by its employees or
also exist which raise red flags. For instance, not all professors, students and lost; if faculty members (more than one) were
even the top ranked ones, enjoy the right to advise doctoral sentenced for corruption, discrimination, academic misconduct or
students: a special committee at the ministerial level grants this sexual harassment over the past five years or if the university was
right. Professors legally empowered form ‘doctoral schools’ within disclosed for the practice of ‘selling’ diplomas or examinations.
their universities or departments. Evaluators calculated how many Two important state universities had been the canter stage of such
ISI quoted papers exist per doctoral school. Some doctoral schools scandals in recent years.
have the reputation of not having one international peer-reviewed A university evaluation score can be obtained by dividing the
publication for all faculty members: however, one can find such final score to 10 after deducting the penalties. The formula is:
publications at other faculty members not included in the doctoral
S1 þ S2 þ S3 þ S4 Pð1; 2 . . . nÞ
school. This is clear indication that merit is not the criterion used ¼ individual integrity score
when organizing such schools. 10
Finally, this section checked on issues of democratic gover- The final score awarded to a university, as well as the final
nance. Is the university managed on the basis of deliberation and ranking, was checked by a team of independent reviewers in
participation from both faculty and students? What is the order to prevent differences across evaluators, and approved by
discretion of management? Are students’ evaluations taken the whole Coalition board. After generating the scores, universi-
seriously and do they matter for the evaluation of faculty? ties were grouped in 5 ranks according to final scores. Only ranks,
Finally, the fourth section (S4, weight 15%) checked the and not scores, were published together with sets of recom-
financial management practices. The management of a university mendations per individual university. The ranking of a forth-
should be free of fraud and corruption. Those include obtaining an coming second time evaluation will thus only follow the extent
unauthorized benefit for themselves or others by unethical means. to which recommendations were implemented, taking the first
Examples include but are not limited to such actions as year score as a baseline. The instrument thus becomes cheap to
embezzlement or other financial irregularities, forgery, falsifica- use even for an individual student association monitoring their
tion, or alteration of documents, authorizing or receiving payments own university.
for hours/time not worked, violation of the procurement legisla-
tion, accepting or offering bribes, kickbacks, or rebates. 3. Results and lessons learned
The evaluators were instructed to check particularly for ‘red
flags’: ‘situations or occurrences within a programme or an activity A synthesis of the results is presented in Table 3, with the more
that indicate susceptibility to corruption’ (Hallak and Poisson, extensive results presented in Appendix B. On the whole, the
2007). They needed to check whether financial documents are survey returned massive evidence of particularism as the chief
accessible; if procurement rules are respected; if the same governance mode. Many Romanian public universities have a
‘favorite’ companies repeatedly win bids for services; if funds closed system of governance with strict control and appropriation
are spent according to their approved destination or are regularly of opportunities by status groups (they are colloquially called
changed to different budget category at the end of year; if state ‘university cliques’) resulting in disproportionate influence and
auditors or civil claimants have challenged the practices of the financial benefit. Most faculty and students have no real voice.
university repeatedly. They should also check if the income and life Entry and advancement are strictly controlled. In the instances
style of management is not out of line with their official income, if when financial benefits could have been checked it resulted that
they do not directly or indirectly profit from conflict of interest. claims of huge differences and abuses were founded. It is a
Well governed universities would have a clear list of incompati- common practice that rectors, deans, department heads and their
bilities and conflicts of interest situations which should be cliques earn 3-4 salaries at professorial level (4–10,000 Euros)
regularly checked by the ethics committee or equivalent. However, claiming several teaching loads taught, while assistant professors
since evaluators were neither expert auditors nor policemen, they earn 3–400 Euros per month at the best. Many people are asked to
Table 3
Final assessment of governance practices brief results.
CCU questionnaire categories Category weight Mean score No. universities No. universities
(maximum score) (%) (Standard deviation) above average below average
teach one class for less than 200 Euros as associate temporary the whistleblower who was nearly fired, the management seemed
professors, to avoid declaring vacancies and employing full time more afraid of creating such a precedent than interested in the
professors. Patronage and nepotism reign: even existing rules are academic integrity of their establishment.11 Evaluators found a
poorly or not at all implemented. total lack of enforcement of any basic rules on plagiarism at 70% of
Of the 42 universities approached with requests for informa- the universities. More recently, special software has started being
tion, only 16 responded (of which only two without having to be purchased and more systematic checks introduced, albeit still in a
approached a second time), 23 replied only when evaluators minority of universities.
arrived at the respective university, and three completely refused The quality of governance in universities was found to be poor,
to respond, even though they were statutorily required to do so. with a mean score of ten points out of a total possible score of 35.
Thus, only 38% of state universities were completely transparent Sixty per cent of the universities were at or below the mean. Not even
and responsive. However, except for three universities, they all the top three universities in the final ranking scored more than 25
ultimately cooperated with the evaluators and submitted the points. Despite the fact that most universities did observe statutory
required documents, albeit in some cases after the statutory ten- requirements concerning the publication of vacancies, in the
day term. overwhelming majority of cases only one candidate applied. The
Article 10 (e) of Law 144/2007 requires public institutions to job openings are effectively earmarked for specific individuals, a
publish and update the assets and interests statements of their practice that discourages other potential candidates. Evaluators
management bards on their website. Of the 42 universities, 16 had could find no evidence of recruitment competitions being lost by
published and updated all assets statements, 13 had published ‘‘designated’’ candidates. This was true not only for cases of
them in an incomplete form, while 13 had refused to make them promotion, where, due to universal tenure, one might expect to
public, despite being required to do so by law and despite risking a find such a situation, but also to first entry junior levels—assistant
fine. The National Integrity Agency (NIA), the institution empow- professors or researchers: only a handful of departments organize
ered with enforcing this law, which was just under organization open competitions for those positions. In a case of the Tehnical
during this project was functional enough by summer 2009 to University of Iasi, a candidate with good publication record was
issue a warning to all the rectors and the university management simply not allowed to apply to an associate professor position, on the
to stop breeching the law. It also started investigations on the basis pretext that her baccalaureate diploma from another country was
of CCU reports in some individual cases. Most of these investiga- not valid: but she was already a lecturer at the same university on
tions are still under way. In the only one finalised and highly the basis of the same diploma, having already won a competition.
publicized the former rector of the Iasi University was asked to Evaluators also found cases of professors passed the age of
return nearly 70,000 Euros that NIA considered could not have retirement who had accumulated several teaching loads, while
been justified from his official income. faculty staff with over 20 years of experience were still in assistant
An immediate consequence of the rankings provided by the CCU professor positions. Merit-based salary supplements were frequent-
and its public disclosure was the dramatic improvement in ly awarded not on the basis of transparent criteria relating to
university websites. Even during the process, many universities academic performance. Three-quarters of the universities investi-
rushed to post public documents they were legally required to gated could furnish neither those criteria nor lists of academics
publish (and which had not been made public before) on their awarded such supplements. This was not only the fault of rectors: in
websites. Following the press conference when the rankings were many places Senates or Councils divided such bonuses among
announced, those universities that had not yet published the assets themselves. Only in 2010 and partly due to CCU disclosures the Labor
disclosure statements eventually decided to do so. A second Ministry proposed that the system of ‘merit’ bonuses be abolished
evaluation, taking place in 2009-2010, will concentrate on the fully, as its allocation was mostly discretionary.
follow-up of recommendations made by evaluators to all In 95% of the universities, a great number of families were
universities. In this way the methodology will be improved, identified among faculty and administrative staff. For instance, one
allowing the performance of universities to be compared against department with an academic staff of 45 was found to have eight
each other, but also over time. pairs of related faculty members—three husband-and-wife pairs,
With regard to academic integrity, evaluators discovered that and five father-and-son pairs. Frequently, a family member with a
universities do not have the necessary tools to control plagiarism, managerial position helps in the promotion of other family
even though it is a frequent phenomenon encountered among both members, a phenomenon which raises questions about the
students and faculty members. Students plagiarize from the older objectivity of promotions and peer reviews. Only one university,
papers of their colleagues, or from available sources on the web, ‘‘Alexandru Ioan Cuza’’ University of Iaşi, which is also Romania’s
and teachers plagiarize by translating articles from foreign journals oldest university, introduced, also following scandal, a systematic
and signing them. The case of the health minister Mircea Beuran is policy to avoid conflict of interest. Nepotism affects all categories
one example of the latter. His book was almost identical to a French of evaluation: a rector was found to buy supplies from his wife’s
treatise published earlier. He defended himself by saying that most company; another created an English language test and entrusted
books at the medical school were written in a similar way. it to his wife’s company without even simulating a competitive bid.
Although he was forced to resign from the government, he In a couple of other situations a rector who had ended his legal
remained a professor and a member of the University Senate. In the mandate, which by Romanian law are limited only to tried to pass
University of Bucharest also, at Faculty of Political science a the power on to somebody in the family (son-in-law in the quoted
textbook of Political Psychology of Lavinia Betea has used pages of case). But many rectors solved this particular situation by having
other books without quoting them. The case, denounced by Senates create the position of university President on top of rector
colleagues and sentenced by the Council had no serious follow up and becoming their own successors.
at university level, with the accused professor preserving her Evaluators found no real involvement of students in the
academic position.10 Her defenders argued that the practice was so decision-making process, even though, legally, students represent
widespread that singling her out was unfair: she pointed to other 25% of the members of the Senates and departmental councils of
colleagues as well. As in the case of Professor Docea of Timisoara, the universities. Student evaluations of courses and teachers either
serve a purely formal purpose or are completely ignored. Of the 42
10
See Catalin Avramescu, Lavinia Betea: un caz de plagiat. http://www.roma-
11
niaculturala.ro/articol.php?cod=8468 , last accessed December 9, 2009. http://www.infonews.ro/node/43480.
A. Mungiu-Pippidi, A.E. Dusu / International Journal of Educational Development 31 (2011) 532–546 539
intervene much in this conflict neither when he was elected, not thinner. Neither professors, nor students have any incentive to
when the Senate refused to enforce a final sentence of a Court and achieve better results. Tuition fees at the tenths of accredited
accept Mr. Burlui back as Rector.12 Meanwhile he was indicted on Romanian private universities are so low in some cases,13 and
several counts. But law suits take many years to complete in education standards so poorly enforced, that practically anyone
Romania and Courts are notoriously unreliable as well, so resorting can afford a degree. Students frequently seek the degree certificate
to Courts does not help much where self-regulation of the rather than the education. Reforming the Romanian education
profession does not work. Perhaps the most concerning thing – system means challenging this status quo.
but also the easier to address – is the absence of any external To address some of the problems encountered, Romanian
stakeholders from university management. Would the Senates civil society decided to organize a second round of evaluation,
include representatives of the local community alongside profes- where universities can improve their scores if implementing the
sors they could not become closed cliques pursuing solely their individual recommendations received in a private communica-
own interest. tion from CCU. CCU also organized an Ombudsman of education
The findings of the CCU survey both reflect and explain the with the support of Central and East European Civil Society Trust
failure of the education policies of the post-1989 governments. (CEET). The Ombudsman acts as mediator in the situations
Poor financing alone can no longer explain these governance where individual rights are infringed, contacting the Rector on
practices, as funding has improved in recent years: university behalf of the claimant and organizing strategic Court litigation
professorships have become the best remunerated positions in the when needed. All rectors announced they would cooperate with
public sector (Miroiu et al., 1998; Marga, 2000). In 2007, the total the Ombudsman and six months into the program eight cases
public-sector expenditure on education as a percentage of GDP was have already been mediated successfully without resorting to
5.5%, and in 2008 it reached 6%. Romania has an index of 45.8 GDP Courts.
per capita in Purchasing Power Standards (EU-27 = 100) (Eurostat, However, since Romania has become a member of the
2008). The higher education budget is divided between 45 European Union there has been some pressure to compete and
universities in total, enrolling yearly around 650,000 students. perform in the common European higher education market.
Seventeen per cent of the faculty and about 20% of university Ending many years of discrimination, European diplomas are
professors manage to publish internationally (Florian, 2006). The finally recognised: as late as 1997, a Romanian Oxford graduate
poor research output shows especially in the field of innovation. needed to translate her dissertation and have it reviewed in
Roughly 57.734 Europeans in a million get a patent acknowledged Romania to have her degree recognized. Mobility of students has
yearly, compared to just 0.206 Romanians in a million. From 1998 also increased, many of them leaving directly after high school.
to 2007, Romania was granted only 20 patents by the European This pressure might provide the needed incentives for education
Patent Office (2009). reform in Romania. With the opening of national borders, students
The autonomy of universities and the decentralization of funds, may study abroad at affordable prices and get better education
seen as great political gains after 1989, have also generated than the national system can provide, with top-quality human
undesirable effects. Granting autonomy to universities without resources being thus further drained from the national labour
ensuring that an accountability mechanism is put into place only market. Romania already ranks 104 from 134 in Global
fed particularism. Pro-integrity policies are difficult because of Competitiveness Report 2009 at the category brain drain. Talent
poor incentives for stakeholders to improve. As the higher leaves massively, and the economic growth of recent years has
education system is financed on the basis of the number of come to an abrupt halt. This situation should motivate the
students, universities try to attract as many students as possible, Romanian policymakers to cooperate with civil society in
regardless of the fact that this makes them spread quality even redressing the higher education system.
13
The Romanian-American University, a private university, has annual tuition
12
http://www.ziaruldeiasi.ro/local/iasi/burlui-strins-cu-menghina-de-inspec- fees of 500 euros, while the Academy of Economic Studies, a state university,
torii-menni1hu5. charges 1000 euros per annum.
A. Mungiu-Pippidi, A.E. Dusu / International Journal of Educational Development 31 (2011) 532–546 541
No. University name Years since Number of Number of Rank Total revenues Number of ISI
founding students departments (0–5) of university articles (Ad Astra
(millions) methodology, 2007)
Appendix C
544 A. Mungiu-Pippidi, A.E. Dusu / International Journal of Educational Development 31 (2011) 532–546
A. Mungiu-Pippidi, A.E. Dusu / International Journal of Educational Development 31 (2011) 532–546 545
546 A. Mungiu-Pippidi, A.E. Dusu / International Journal of Educational Development 31 (2011) 532–546
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