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Learning by The Market Regulatory Regionalism Bologna and Accountability Communities
Learning by The Market Regulatory Regionalism Bologna and Accountability Communities
Kanishka Jayasuriya
To cite this article: Kanishka Jayasuriya (2010) Learning by the market: regulatory regionalism,
Bologna, and accountability communities, Globalisation, Societies and Education, 8:1, 7-22,
DOI: 10.1080/14767720903574009
Over the last two decades institutions of higher education have been subject to
new modes of regulatory governance. This essay applies a ‘regulatory lens’ to
higher education governance with a view to understanding the sometimes
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Introduction
For those of us who work in universities, now familiar terms like ‘networks’, ‘partner-
ships’ and ‘hubs’ indicate a transformed workplace and its broader regulatory context.
A key exemplar of this change is that the governance of higher education has become
less national and more global and regional, thereby constituting new scalar regimes
(Robertson 2007).1 This essay uses a ‘regulatory lens’ to analyse the nature and
dynamics of these new spaces of higher education governance in order to place under
the microscope the relationship between the regionalisation of higher education and
the resultant transformation of the public university. We argue that these new spaces
of governance – that we identify as regulatory regionalism – are not above the state;
rather, they are located in regional spaces of the state, which overlap with national,
political and policy-making regimes.
The regulatory regionalism approach to new modes of regional governance as a
process of internal transformation creates the appearance of regional frontiers within
the state by creating ‘regulatory spaces of the state’, and for this reason this production
of scale should be more accurately described – as Robertson argues in this volume –
as a form of ‘state regulatory regionalism’. Regional governance is not an agglomer-
ation of national, territorial and political units at a higher regional level; it is a more
*Email: fafner100@gmail.com
knowledge-intensive economy.2
As a regulatory regime the Bologna Process brings together a diverse array of
public and private actors in the regulation of European higher education. However, it
is not the private or public actors per se that are important but the relationship between
private and public actors in new governance settings. These new formations of public
and private authority are central to emerging forms of mechanisms of political gover-
nance as well as to providing legitimacy to new modes of regional higher education
governance. We examine this transformation and relocation of public authority
through the conceptual framework of an ‘accountability community’. This framework
is discussed in more detail below, but in brief, accountability communities can be
defined as a institutional ensemble that brings together a diverse array of public and
private actors around specific practices and ideas of accountability that hold to
‘account’ the conduct of agents within a regulatory regime. In this way an account-
ability community defines the legitimacy of regulatory regimes, and provides the basis
on which new forms of state- and market-making are created. On this basis, account-
ability communities are central to the social production of the regional boundaries of
the state which are so central to the functioning of regulatory state regionalism.
In these contexts of state-making, accountability communities are important
because they help to determine practices and notions of ‘publicness’ within regional
regulatory regimes. This essay uses the term ‘publicness’ to highlight the fact that the
twin process of market reform and rescaling governance has made problematic the
taken for granted association between the public domain, the state and the nation
(Newman 2007).3 The Bologna Process exemplifies this ‘Westphalian’ and ‘Webe-
rian’ boundary crossing and novel processes of state-making, occurring through the
constitution of new domains of ‘public authority’. Regional mechanisms of higher
education governance such as the Bologna Process involve the creation of new scales
of governance as well as the ideological legitimation of these new modes of regulation
through forms and processes of accountability that serve to constitute publicness
within these regimes. This is a process that at root shapes new forms of public author-
ity, and in consequence questions of legitimacy loom large in this new regulatory
governance.4 Legitimating the exercise of public authority in these functionally
specific regulatory regimes is as important as citizenship in national territorial spaces.
In the case of the regional governance of higher education it reflects the emergence of
new relationships between professionals, higher education regulators, higher educa-
tion institutions and new practices of citizenship.
Globalisation, Societies and Education 9
The rest of the essay is organised as follows: in the first section the conceptual
framework is set out and applied to the Bologna Process; the next section develops
this argument by examining how accountability communities challenge the implicit
assumption about the national citizenship boundaries of the public university by
enabling the creation of new forms of publicness; the third section takes a comprehen-
sive look at the entire regulatory chain by detailing how accountability communities
function as intermediaries within the broader Lisbon economic agenda. In conclusion,
the implications of our framework for the transformation of the nature and scope of
the public university are explored.
graduate programs; (b) ensure a system of quality assurance across the European
higher education system; and (c) ensure mobility of students and academics across the
higher education spectrum (Bologna Declaration 1999). It is important to recognise
that this is a system of governance with a set of broad policy objectives operating
through the Open Method of Coordination (OMC) of the EU (Veiga and Alberto
2006). The OMC is a policy mechanism used by the European Commission to estab-
lish policy coordination in areas under the jurisdiction of the national governments, or
where jurisdiction is shared with the European Union. It relies on a mix of soft law
that specifies broad policy objectives which are then accommodated within diverse
political and institutional settings of the EU. The use of these flexible methods for
educational governance:
… will have the effect of bringing about a re-division and rescaling of responsibility for
the existing functions of national education systems around an agenda that seeks to maxi-
mise the likelihood of their facilitation of, and minimizes the likelihood of their acting
as significant obstacles to, the development of the overall agenda of making Europe the
most competitive economy in the world. (Robertson and Dale 2006, 7)
practices of accountability allow the creation – though this may not always be success-
ful – of legitimacy and public authority inside a functionally specific, decentred regu-
latory regime. Their particular function of public legitimacy within regulatory
governance distinguishes accountability communities from concepts of epistemic or
policy communities used elsewhere in the literature. Consequently this system of
‘accountable governance’ delimits the legitimate boundaries of a regional regulatory
regime within the spaces of the ostensibly national policy-making institutions.
Yet, this formulation runs the risk of slipping into a form of methodological nation-
alism (Robertson and Dale 2006). If we are to avoid such pitfalls we need to acknowl-
edge that the new scalar governance enabled by devices such as the OMC is functionally
specific – that is in terms of policy – rather than a generic territorial jurisdiction. In
this sense it is an apt illustration of what Hooghe and Marks (2003) characterise as
‘Type 2 multilevel governance’. This is understood as a set of arrangements:
… in which jurisdictions are not just aligned on a few levels but operate at numerous
territorial scales, in which jurisdictions are task specific rather than general purpose and
where jurisdictions are intended to be flexible rather than durable. (Hooghe and Marks
2003, 237)
These Type 2 arrangements of which the Bologna Process is a good example then
represent not just a process of re-territorialisation but the creation of new spaces of
governance that are layered onto, but not necessarily co-extensive with, existing terri-
torial divisions. In this context, it is striking that the membership of the Bologna
Process does overlap but does not coincide with the boundaries of the EU.
In this regard the Bologna Process is but one part of the emerging regulatory
governance of higher education that is task-specific and crosses multiple jurisdictions.
Much of the scholarship on higher education – with notable exceptions such as
Robertson (2006), Robertson and Dale (2006), Mok (2008) and King (2006) – tends
to view recent transformations of higher education from the prism of either ‘academic
capitalism’ or economic innovation, rather than in terms of regulatory governance.
But, as this essay illustrates, the regional governance of higher education occurs
within purposely constructed regulatory spaces that are both flexible and modular,
lending itself to Type 2 multilevel governance.
Functioning as a node of legitimacy within the regulatory process, accountability
is inescapably a political process which: ‘allows us to see the relationship between
distinct accountability discourses and broader social, political, economic and legal
Globalisation, Societies and Education 11
relations they are part of’ (Harrington and Turem 2006, 201). Framing accountability
as a form of political rule has the distinct advantage of identifying and analysing
developing forms of accountability and public law in terms of: ‘how it is understood,
shaped and ultimately mobilized as a powerful political symbol to legitimate a certain
type of regulatory regime’ (Harrington and Turem 2006, 201).
Choice of a particular accountability community reflects the strategic preference
of key actors in the following ways: it rules out alternative ways of conceiving
accountability; helps to mobilise and favour certain kinds of policy outcomes against
other outcomes; and enables the inclusion or marginalisation of private and public
actors. An implication of this argument is that accountability is a mechanism that can
be used to shift the actors as well as the scale on which governance takes place. Indeed
one of the intriguing developments in the redesigning of higher education is an
emphasis on accountability as the measurement of quality in mediating the relation-
ship between market forces and higher education institutions. This is readily apparent
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In fact, this is a reversal of the situation where the US is seen as the site of the best
higher education practices. Adelman goes on to laud the importance of these account-
ability measures for the reform of American higher education.
One reason why these quality frameworks and associated discourses of account-
ability have played such a crucial role is that these are means through which myriad
policy statements are translated into policy practices within the European higher
education system (Sultana 2002). However, these discourses take practical shape in
the accountability community, and grant legitimacy to the regulatory regime. With
respect to Bologna, the European Network of Quality Assurance in Education
(ENQA) was established in 1999. It recommends Europe-wide quality assurance
systems based on a set of common principles. In this way the quality assurance
systems represent the multi-level regulation characteristic of the Open Method of
Coordination (OMC). The 2005 meeting of Education Ministers underlined this focus
on quality assurance in their statement to:
… adopt the standards and guidelines for quality assurance in the European Higher
Education Area as proposed by ENQA. We commit ourselves to introducing the
proposed model for peer review of quality assurance agencies on a national basis, while
respecting the commonly accepted guidelines and criteria. We welcome the principle of
12 K. Jayasuriya
under which a product was produced rather than the product itself. As applied to these
new regimes, process based information represents the identification of the underly-
ing set of institutional practices through which an institution qualifies for certifica-
tion. Accountability communities provide a means through which this certification
for institution enables institutions to operate within new rescaled spaces of gover-
nance, to mobilise and link with other actors, and also to use this certification strate-
gically to gain autonomy in order to marginalise or insulate themselves from other
regulatory mechanisms.
It is not so much the concepts of quality and quality institutions that are crucial
to the regulatory governance of education but the fact that control of epistemic
resources of accountability permits diverse state and non-state actors to deliberate
within the broad parameters set by the regulatory regime. It is these networks –
rather than quality institutions – that form the accountability community. However,
these epistemic resources are valuable not in themselves, as would be the case of
say, scientific expertise, but in their role in helping to legitimate regulatory
governance. As Nagel’s analysis of Bologna policy networks astutely points out:
‘knowledge is rather a source of legitimation than of operational innovation: it is the
nimbus of science and not expertise itself, which becomes a political resource’
(Nagel 2007, 15). The resources of legitimacy are themselves clothed in the garb of
quality and accountability.
This has broader implications as notions of ‘quality’ have come to play an impor-
tant role in the design of knowledge economies and the regulation of knowledge
institutions. These accountability communities can just as easily form around private
agents and organisations when they control and disseminate various indicators that
rank the performance of educational institutions. This legitimacy has two distinct
features. One is that accountability communities become detached from territorially
specific jurisdictions, and incorporated into the functional regulatory regimes. This
occurs at the expense of more traditional lines of accountability through representa-
tive institutions, bureaucratic institutions, professional expertise or judicial review,
operating within territorially specific jurisdictions while the participation of govern-
mental and non-governmental agencies increases.5 The other feature is that the nature
and purpose of these measurements as ways of enhancing the competitiveness of the
economy or individual institutions remain beyond contention within these account-
ability communities while the measurement of quality itself becomes a subject for
contention.
Globalisation, Societies and Education 13
… a University training is the great ordinary means to a great but ordinary end; it aims
at raising the intellectual tone of society, at cultivating the public mind, at purifying the
national taste, at supplying true principles to popular enthusiasm and fixed aims to popu-
lar aspiration, at giving enlargement and sobriety to the ideas of the age, at facilitating
the exercise of political power, and refining the intercourse of private life. (Newman
1976, 154)
Newman’s essay has become a standard reference for those wishing to discuss the
nature and purpose of university education. Similarly, Humboldt, writing in a different
Globalisation, Societies and Education 15
(c) a diploma supplement to facilitate student transfer within the system; and (d)
the promotion of quality assurance and benchmarking systems to provide for
accreditation and constant monitoring of the governance of higher education
system (Sadlak 2007).
Ideas of mobility, central to the broader political projects of socialised neoliberal-
ism, are also evident in the normative driving force of the Bologna Process, and are
similar to the social inclusion agenda of the EU, namely a desire to enhance the
economic independence of individuals by equipping them with assets to compete in
the global economy. Knowledge institutions have become a central component of
developing human capital for the new knowledge economy. For this reason human
capital has become an important element of various political projects to socialise
neoliberalism – that is, to incorporate social objectives into market processes.7 One of
the driving assumptions of these projects is that the failure to enter the economic
mainstream, whether through lack of employment or income, reflects a lack of human
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Conclusion
Without doubt the institutions and governance of higher education have been substan-
tially transformed in the last decade in both developing and developed countries.
These transformations demonstrate:
… the intensifying interpenetration of the global and universal with the local and partic-
ular. The modern globalized knowledge system increasingly extends into the furthest
reaches of daily life, spreading universalized understandings of all aspects of nature and
every social institution worldwide. (Frank and Meyer 2007, 289)
Universities may indeed be global institutions but they remain enmeshed in forms
of regulatory governance located in sites beyond the national and formal bureaucratic
boundaries of the nation state.
The emerging European higher education system is indicative of a new architec-
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ture of regulation that shapes the nature and form of the public university in the direc-
tion of market citizenship. In particular, the discourses and practices embedded in
accountability communities are the common thread that links the transforming forces
of marketisation, regulation and geographic scale (Jayasuriya 2008). In turn these
practices help to shape the nature and form of the ‘public’ to which account is to be
given. Accountability communities do not merely provide a set of technocratic menus;
they are vehicles of political governance that fundamentally shape the nature of public
authority and citizenship.
Accountability communities represent a significant component of new higher
education regulatory regimes that span the hard territorial boundaries of the national
state and serve to produce new regional scales of governance within the state. A key
mechanism through which these new scales of governance are produced is by consti-
tuting a public domain within these new regulatory regimes. For this reason notions
of accountability play a central role in the constitution of political governance of new
regimes of higher education. Ideas and practices of accountability are intimately
linked to the relocation of the public domain within functionally-specific regulatory
regimes. The regionalisation of public universities through such frameworks as the
Bologna Process helps to shape new regional frontiers within national political insti-
tutions. For this reason it is as much about the process of ‘state construction as it is
about destruction’ (Harrington and Turem 2006, 205). These new forms and sites
through which regulatory legitimacy is secured, consolidated, and contested help to
transform the public good served by the public university. Hence the public character
of the university does not disappear, but the nature of the ‘public’ that the university
serves is transformed by the new regulatory architecture of European higher educa-
tion. One of the implications of these new modes of regulatory regional governance is
that they tend to privilege certain actors, issues, and conflicts, over others. For this
reason, built into the logic of regulatory regionalism is a politics of scale that allows
political and economic actors to shift governance and activity to new scales of
governance in order to better reflect their strategic preferences. The forms of the new
regulatory institutions themselves favour certain forms of conflict, issues and actors
over others. The new spaces of higher education governance created by the Bologna
Process tend to favour market forms of citizenship over notions of social citizenship
that animated the post-war welfare state. The emphasis of the Bologna Process on
issues of quality and mobility tends to resonate with the Lisbon Agenda’s thrust
towards enhancing the global competitiveness of the EU. The production of these
20 K. Jayasuriya
Notes
1. Geiger (2004) provides an excellent discussion of the relationship between knowledge and
markets in a North American context.
2. See for example Nóvoa (2002).
3. We borrow the term ‘publicness’ from the work of Newman (2007). This work has sought
to understand the reconstitution of the public domain in new strategies of welfare governance.
4. In our argument the sites and boundaries of the public domain are not fixed, but rather,
emerge from relational settings that are politically constructed in relational settings,
‘contested but patterned relations among narratives, people, and institutions’ (Somers
1994, 626). Hence we ask: What is the nature of the public good – and the public – in these
new regulatory modes of higher education governance?
5. Harrington and Turem (2006) explore the way in which new notions of liberal accountabil-
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ity through negotiated rule-making and stakeholders work to marginalise institutions such
as judicial review.
6. For a full flavour of the arguments on the knowledge economy and the new growth theory
that have influenced the Lisbon Agenda, see OECD (1996).
7. This notion of ‘socialised neoliberalism’ is discussed in detail in Jayasuriya (2006).
Notes on contributor
Kanishka Jayasuriya is Professor of international politics at the University of Adelaide. His
most recent books are Reconstitution of the global liberal order (Routledge, 2005) and
Statecraft, welfare and the politics of social inclusion (Palgrave, 2006).
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