Legislation is ¡°crucial¡± if a ¡°fifth freedom¡± of research, innovation and education is finally to be established in the?European Union, sector leaders have said, as the European Research Area (ERA) initiative approaches its 25th?anniversary without being properly realised.

The European Commission opened a call for evidence on an ERA act this month, stating that the proposed legislation ¡°will focus research support more on strategic priorities, strengthen alignment between the EU and member states¡¯ funding priorities, and promote the free movement of knowledge and talent across Europe¡±.

Since 2000, the?EU has aimed to create a ¡°single market for science¡±?alongside its other ¡°four freedoms¡± of capital, people, services and goods, as a way of ensuring the bloc can compete with the likes of the US and China.?

A?June report on the implementation of the ERA policy agenda found that while ¡°systemic challenges¡± remain, ¡°significant progress has been made¡± towards its four priorities: strengthening a ¡°truly functional internal market for knowledge¡±, tackling the challenges of the green and digital transitions, broadening access to research and innovation excellence and aligning R&I investments and reforms.

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Vincent Klein Ikkink, adviser for research at the science and technology university umbrella body CESAER, told Times Higher Education that while the ERA¡¯s progress was welcome, obstacles including ¡°legal barriers and the voluntary nature and fragmented approach of the ERA policy agenda¡± continue to ¡°hinder the free circulation of researchers, scientific knowledge and technology¡±.

¡°Legislating the ERA through an ERA act is crucial...to advance the ERA in areas where?the ERA policy agenda has been unable to achieve substantial progress due to its voluntary nature,¡± said Klein Ikkink.

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Silvia G¨®mez?Recio, secretary-general of Young European Research Universities (YERUN), described the potential act as ¡°a crucial opportunity to provide the European Research Area with the legal and political backbone it has long lacked¡±.

¡°For too long, ERA priorities have relied on soft instruments and voluntary commitments, resulting in uneven implementation across member states,¡± said G¨®mez?Recio.

The act, she said, should comprise a ¡°clear framework that secures the free movement of knowledge as the EU¡¯s fifth freedom, reduces national fragmentation and sets binding commitments ¨C particularly on public and private R&D investment, research careers and the interoperability of research systems¡±.

At present, said Lidia Borrell-Dami¨¢n, secretary general of Science Europe, ¡°there is underinvestment in research and innovation across Europe, with many countries failing to meet the 3 per cent and 1.25 per cent [EU] targets.¡±

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Many ERA priority areas ¡°see little progress,¡± she continued. ¡°For instance, academic freedom has declined in Europe and globally, according to the most recent?.¡±

Equality, diversity and inclusion is also being challenged and?¡°legislation would help cement progress and obligations in these areas,¡± Borrell-Dami¨¢n said.

While CESAER has yet to solidify its official position on the ERA act, said Klein Ikkink, potential areas the legislation could target include the alignment of currently ¡°incompatible labour laws, migration rules, social security schemes and pension systems¡±, in order to ease the free circulation of researchers around the EU.

The act could also introduce safeguards to institutional autonomy, he suggested, and establish a ¡°secondary publication right¡± that would allow researchers to openly share their published articles.

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Kurt Deketelaere, secretary-general of the League of European Research Universities (Leru), warned that sector leaders must be ¡°realistic¡± about the scope of the ERA act. ¡°The best way to kill the whole exercise is to come up with a very ambitious, far-reaching, legislative initiative, imposing all kinds of obligations on member states, intervening in domestic law,¡± he said. ¡°This will not work. They will oppose that.¡±

Nevertheless, Deketelaere said, any legislation must ¡°forbid member states to keep national rules in place which block free circulation¡±, while establishing a legal basis for individuals and organisations to request the ¡°elimination of such national rules¡±.

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¡°It is an illusion to think that changes in labour law, social security law, pension law, tax law, etcetera will be introduced in a voluntary, bottom-up way,¡± he said. ¡°This necessary level playing field can only be achieved through legislation.¡±

emily.dixon@timeshighereducation.com