The Legal Regime of Portuguese Higher Education Institutions: Contributions for Future Changes

The Portuguese higher education system is binary, divided into two subsystems, university and polytechnic, being regulated, since 2007, by the so-called RJIES (Legal Regime of Higher Education Institutions). The RJIES regulates the organic structure of the higher education institutions (HEIs) as well as the competencies of mandatory bodies, such as the general council, which is also given the power to elect the rector/president, another of the mandatory bodies. The RJIES, in place for 17 years, has not been revised since 2007 despite being subject of criticism and claim for changes. This paper presents a reflection for future changes to this RJIES regarding the process of electing the rector/president. This is noted and complained about by a wide range of the academic community – teachers, students, and non-teaching academic staff, in addition to other interested parties in universities and polytechnic institutes. Therefore, we present a brief review of the literature related to this topic, the results of survey and interviews carried out with top managers of Portuguese Higher Education Institutions (HEIs).The survey was completed online by a wide range of public HEIs managers (rectors and directors, presidents, vice-rectors and vice-presidents, pro-rectors and pro-presidents) and their stakeholders (teaching and non-teaching workers and students, through their representative structures, unions and student unions, and other leaders of professional and business associations). Interviews were also carried out in 2021, which remain completely current, given the fact that legal changes have not occurred so far. The results that will be presented indicate that changes should be made. Brief conclusions and a proposal for amendments to the current legislation, covering the rector/president election process, will be presented. It is advocated a new model of election of rector/president, the intervention of two different bodies, one of them being the general and supervisory council (new designation defended), with a composition mainly of external members, selected in a different way in relation to the current one.