Blog post by Stephen Wyber
A Priority for Europe
In the development policy space, the idea of ‘policy coherence for development’ has been around for years.
This focuses on the need to ensure that the positive impacts of development assistance (aid) are not undermined by other policies. A classic example of incoherence is when efforts to boost agricultural exports in developing countries are undercut by high tariffs or border protections, making it harder for exporters to compete.
In effect, these two policies cancel each other out: significant funds are spent, yet tangible growth remains elusive.
Not Just a Development Policy Concern
The risk of policy incoherence is not unique to development policy, however. It also applies when it comes to research and education, and in particular in the case of the European Union, international collaboration in this space.
These areas are certainly comparable in terms of the volumes of public money spent. The European Union plans to spend €13.5bn on research and €4bn on education in 2025. At the national level, looking back at the most recent available figures, national governments spent around €115bn on research and €662bn on education in 2021.
Given these significant investments, ensuring policy coherence is essential to maximize impact. But is Europe achieving this in research and education?
Arguably not. This blog sets out just a few examples of where policy misalignment hinders progress.
Barriers to Research and Education: Key Issues
- Copyright laws today place limits on research and education
Barrier:
As highlighted in the independent report published by DG Research, Technology and Development (DG RTD) in May 2024, there is widespread desire among researchers for more flexible laws around copyright. Current laws too often stand in the way of uptake of new technologies and techniques, as well as including unhelpful uncertainties – and indeed EU law does not even include a mandatory exception to enable research or education activities. Libraries in turn are obliged to refuse uses of copyrighted materials which would contribute to wider research goals, due either to explicit barriers in law, or not being able to be sure that it is permissible.
Impact:
Publicly funded research and education are constrained by outdated legal frameworks, limiting their potential.
- An artificial distinction between non-commercial and commercial research undermines knowledge valorisation
Barriers:
EU legal frameworks impose challenges on researchers collaborating with private sector partners, despite longstanding commitments to knowledge transfer and valorisation. DG RTD findings show that many researchers and research managers view this distinction as counterproductive.
Impact:
EU policies encourage collaboration, but laws discourage it—creating costly legal and administrative burdens, such as relicensing content.
- A failure to guarantee open access publishing delays public benefit
Barriers:
While the EU champions open access publishing, researchers face conflicts between funder mandates requiring open publication and publisher demands for exclusive rights, often leading to paywall restrictions. A legal framework guaranteeing a secondary publishing right and rights retention would help, but the EU has yet to implement such measures.
Impact:
Publicly funded research often remains inaccessible, delaying its benefits to society.
- Fragmented copyright laws block cross-border collaboration
Barriers:
There is no mandatory general exception for research and education in the European Union, allowing each country to set its own rules. As set out in our recent posts on the Kluwer Copyright Blog (part 1, part 2), national copyright law-making is not always well structured to enable the interests of researchers and educators, and the libraries that support them, to be heard. Furthermore, differences between approaches also lead to uncertainty in collaborating across borders, given that what is legal in one country may not be in another. Licences from rightholders that prevent sharing only reinforce this problem.
Impact:
As a result, the realisation of the potential of a single research and education area – also a political and financial goal of the EU – is held back as individual people and institutions are unwilling to take the risk of sharing.
- A failure to protect key research and education infrastructures
Barriers:
At the heart of research and education policy delivery are universities, schools, research centres, and their libraries. However, despite their role, these enjoy little protection against unfair pricing and restrictive licensing terms. This stands in contrast to the possibilities for individual people to uphold rights through consumer law, or businesses to do so through competition law. This leaves them exposed to high prices, restrictive terms, and other behaviours that disadvantage the people that rely on them.
Impact:
As a result, and despite their central role, key institutions are left in a position of weakness, meaning that they often face the choice between sub-optimal access to copyrighted works or no access at all.
A Path Forward: Seizing the Opportunity for Reform
Fortunately, under its new mandate, the European Commission has underlined its intention to go further in strengthening both the European Research and Education Areas. The report by Manuel Heitor even placed a whole-of-government agenda for research and innovation at the top of his priority list.
With the European Research Area Act currently under discussion, the EU has a unique opportunity to address these policy inconsistencies. Aligning legal frameworks with research and education priorities will be crucial to ensuring Europe’s investment translates into real progress.
10 April 2025
