According to ETAG board chair Anu Noorma, certain paragraphs were added to the Organization of Research, Development and Innovation Act bill immediately prior to its submission to the Riigikogu that had not been discussed with the relevant parties.

These include a fundamental change in the way Estonia's basic research funding instrument, research grants, are financed. Until now, the Research Council and its evaluation committee have been responsible for the conditions and evaluation of research grant applications as well as the awarding and reclaiming of research grants. Under the new system, however, these would be controlled and approved by the Ministry of Education and Research instead.

"I truly see this as a step that will move us away from an academically free society and from a politically independent research process," Noorma said. "With this, we'll be going against the current of other European countries, where academic freedom and the independence of the handling process are valued in their own right."

Renno Veinthal, deputy secretary general for research and development at the Ministry of Education and Research, explained that legal experts' understanding and approach to constitutionality has changed over the years. "The current understanding is that the conditions for the use of public funds cannot be set by a private company or foundation. Constitutionally, it is up to the Riigikogu to impose restrictions on fundamental rights. Such an important matter has to be regulated by law," the deputy secretary general said.

During the bill's round of approval, cited as justification for the change was a Justice Ministry assessment in which the originally proposed regulation was deemed unconstitutional. Specifically, the allocation of public funds should be governed by regulation, "therefore the relevant conditions and procedures cannot be established by a private foundation."

At the same time, Veinthal stressed that the ministry was not trying to encroach on the Research Council's territory and that the rules of the game would not change as a result of the amendment. "I can assure you that even under this arrangement, where the general conditions are laid down at the level of a ministerial decree, the evaluation board has the remit to specify everything that concerns the evaluation of research grants, and this is in full respect of academic freedom," said Veinthal.

The Research Council board chair's concerns about the change's impact on academic freedom and autonomy were also shared by University of Tartu Vice Rector for Research Mari Moora.

"This is purely state interference," Moora said. "So long as governments are reasonable, it's possible to reach reasonable agreements, but reality shows us that all kinds of things come up from time to time."

From the university's perspective, she said, what throws up red flags is the wording of the paragraphs of the bill concerning the distribution of basic research grants. The vice rector pointed out that 80 percent of TÜ's research budget consists of earmarked funds, including competitive funding projects, national grants for the development of nationally important strategies as well as various service contracts.

"This 20 percent of the University of Tartu's research budget is the only resource regarding which we've been able to operate independently," she explained. "Even for this so far only instrument, currently referred to as the base funding for research, includes a provision according to which the ministry may prescribe priorities for how these funds must be used."

The Council of Rectors likewise found during the bill's round of approval that the existing base funding instrument is being made more bureaucratic. Moreover, that "the only funding measure in research that supports risk management, free research and universities' autonomy is being eliminated."

In response, the word "obligations" was replaced in the latest version of the bill with the word "conditions," to express that the goal of the change is not to impose additional new obligations on universities.

It has also been noted that, according to the Constitution, universities and research institutions are autonomous within the limits prescribed by law. In other words, they must be protected from excessive state interference, although the state does have the right to set funding priorities and ensure the existence of research and development in areas vital to the economy and other fields.

Some institutions left out by new definition

The Ministry of Culture has not yet given its approval to the bill, due to concerns involving the funding of museums and the Estonian National Library.

"These institutions were left out of the new definition of research and development institutions," explained ministry research and development adviser Viivian Jõemets. "Under the new definition, only evaluated institutions are included, but it's neither necessary nor reasonable for all museums with research obligations to undergo evaluation."

As a result, she said, it remained unclear how these institutions' research activities even can be funded in the future, and what instruments are provided for this purpose.

Renno Veinthal nonetheless expressed the hope that the bill can proceed as planned.

"I personally hope that the government will be able to discuss this bill on October 24, and, depending on the outcome of that discussion, that the bill will then move on to the Riigikogu," Veinthal said.

"The ultimate goal is that, if passed, then the law can enter into force on September 1, 2025," he noted. "But I'm sure more interesting discussions still lie ahead in the Riigikogu and the Cultural Affairs Committee of the Riigikogu, where these last remaining differences of opinion can be ironed out."

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