Legislation and Bodies
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CONEIXEMENT I SOCIETAT 09 ARTICLES SCIENCE AND TECHNOLOGY SYSTEMS: LEGISLATION AND BODIES Carles Perelló* and Mariona Riera** Individual countries need to exercise care in relation to their policies for fostering science and innovation, so as to avoid situations of technological dependence and, in turn, political and economic dependence. Countries with a greater legislative tradition tend to pass specific laws that regulate both knowledge acquisition at schools/ uni- versities and scientific/technological research, as also laws to foster the application of knowledge in the pro- ductive sector. However, in other countries, and even though there may be legislation governing specific policy areas, the system is allowed to develop more freely, generally on the basis of recommendations issued by a ran- ge of agencies, councils and other institutions. This article describes the most salient features of a range of sys- tems for fostering science and technology implemented in a number of countries. Contents 1. Introduction 2. Science and technology systems 3. Legislation and bodies for international organisations and in selected countries 3.1. International organisations 3.2. European countries 3.3. Other countries 3.4. The situation in Catalonia * Carles Perelló is professor emeritus at the Autonomous University of Barcelona (UAB) and an adviser to the Catalan Minister of Universities, Re- search and the Information Society. ** Mariona Riera is an economist and a member of the Technical Bureau of the Catalan Ministry of Universities, Research and the Information So- ciety. 60 SCIENCE AND TECHNOLOGY SYSTEMS: LEGISLATION AND BODIES 1. Introduction includes a series of elements that are common to all countries, namely, laws, regulations and re- The progress of science –that is to say, the ratio- commendations intended to stimulate and chan- nal explanation of how things in our surroundings nel scientific and technological activity for the be- work– in addition to resolving mysteries, forms nefit of society. It can be observed that without the basis for technological development. the need for any covenants or agreements, all de- veloped societies have produced similar educa- Individual countries, however, need to exercise tion, production, market and value systems. care in relation to their policies for fostering scien- ce and innovation, so as to avoid situations of That said, some differences remain in regard to technological dependence and, in turn, political how research and technological innovation is fos- and economic dependence. Aware of this cir- tered in different countries. Countries with a gre- cumstance, individual countries endeavour to fos- ater legislative tradition tend to pass specific laws ter the generation of knowledge and the applica- that regulate both knowledge acquisition at scho- tion of science and technology through educational ols and universities and scientific/technological systems, scientific and technological research, research, as also laws to foster the application of and the application of knowledge to competitive knowledge in the productive sector. However, in production. other countries, and even though there may be legislation governing specific policy areas, the sys- Despite the diversity of nations, however, there is tem is allowed to develop more freely, generally a high degree of conformity in matters of educa- on the basis of recommendations issued by a ran- tion and knowledge generation in general. Basic ge of agencies, councils and other institutions. studies and university systems around the world are quite similar, even though authorities and le- gislators have not come to any explicit agreement in regard to these knowledge systems. An engi- All developed societies have produced si- neer or scientist receives essentially the same kind milar education, production, market and va- of training at universities and technical colleges lue systems. the world over. This is a form of coherent beha- viour that has developed, in an ad hoc manner, as a result of adherence to an initial core system, as invariably happens when a trend is universally adopted. 2. Science and technology systems This coherence is also evident in the diverse ways that individual nations foster scientific and tech- Science and technology systems are extremely nological development. In most of the cases exa- complex, and it is necessary to distinguish be- mined in this article, the organisation of systems tween different territorial levels and perspectives. 61 CONEIXEMENT I SOCIETAT 09 ARTICLES The supreme level is a global one, represented by The structures by means of which scientific and organisations such as the European Union or the technological development is fostered in most British Commonwealth, for example, and by in- countries generally include 5 elements, described ternational agreements and conventions regula- immediately below. ting patents, the exchange of knowledge (betwe- en universities and other research centres, for A general council for science and technology: example), etc. This, described using a range of different names, is usually a government body that authorises po- Individual states structure their science and licies in the area of science and technology. Such technology infrastructures, through legislation, councils are usually composed of government plans and recommendations, and by the crea- members, particularly ministers holding portfolios tion and funding of institutions and centres de- of relevance. This is the case, for example, in the dicated to the development of science and tech- following countries: nology. - Spain: the Consejo General de la Ciencia y la Some states delegate part of their responsibility Tecnología.1 for scientific and technological development to au- - Italy: the Consigli Scientifici Nazionali and As- tonomous bodies, which may be territorial or re- semblea della Scienza e della Tecnologia.2 gional entities. This is the case of the United King- - France: the Conseil National de la Science3 (ad- dom, Belgium, Germany, Spain, among others, visory functions). where a large proportion of control over educatio- - Switzerland: the Schweizerischer Wissenschafts- nal and research systems has been transferred to und Technologierat4 (advisory functions). the governments of autonomous communities or - Argentina: the Consejo Federal de Ciencia y regions or to federal states. Tecnología.5 - Mexico: the Consejo General de Investigación The range of functions shared out among the dif- Científica y Desarrollo Tecnológico.6 ferent sectors of government and society include approval for general strategy, the preparation of An advisory council: This is responsible for mak- proposals and plans, research coordination and ing recommendations to the government, gene- funding, and the fostering of technological inno- rally through a general council for science and tech- vation. nology or similar body. Some examples include: 1 Ley 13/1986, de 14 de abril de 1986, de Fomento y Coordinación General de la Investigación Científica y Técnica. art. 12. Available (in Spanish) from: http://www.juridicas.com/base_datos/Admin/l13-1986.html. Note that all URLs mentioned in this paper were confirmed as available betwe- en the 15th and 30th of September, 2005. 2 Decreto legislativo 5 giugno 1998, n. 204 (Disposizioni per il coordinamento, la programmazione e la valutazione della politica nazionale relativa alla ricerca scientifica e tecnologica, a norma dell’ articolo 11, comma 1, lettera d), della legge 15 marzo 1997, n. 59.). Available (in Italian) from: http://www.murst.it/iniziati/1998/dlgsric2.htm. 3 Décret nº 98-938 du 20 octobre 1998 portant création du Conseil national de la science. Available (in French) from: http://www.legifrance.gouv.fr/ WAspad/UnTexteDeJorf?numjo=MENG9802603D. 4 Website (in German, French and English): http://www.swtr.ch/swtr_fr/swtr.htm. 5 Decreto 1113/97. Available (in Spanish) from: http://www.cofecyt.secyt.gov.ar/normativa.htm. 6 Ley de Ciencia y Tecnología, texto vigente, última reforma publicada en el DOF 01-09-2004. cap. 2. Available (in Spanish) from: http://www. cddhcu.gob.mx/leyinfo/pdf/242.pdf. 62 SCIENCE AND TECHNOLOGY SYSTEMS: LEGISLATION AND BODIES - Spain: the Consejo Asesor para la Ciencia y la - Spain: the Comisión Interministerial de Ciencia Tecnología.7 y Tecnología.14 - Scotland: the Scottish Science Advisory Com- - Argentina: the Consejo Interinstitucional de Cien- mittee.8 cia y Tecnología.15 - France: the previously mentioned Conseil Na- tional de la Science9 (advisory functions). A research and innovation plan: Generally plu- - Italy: the Comitato di Esperti per la Politica del- riannual, this sets priorities, proposes actions and la Ricerca.10 offers public funding. Among those currently in for- - Argentina: the Comisión Asesora del Plan Na- ce or about to enter into force, we can mention: cional Plurianual de Ciencia y Tecnología.11 - Mexico: the Consejo Nacional de Ciencia y Tec- - Europe: the 6th and 7th Framework Program- nología.12 mes.16 - Switzerland: the previously mentioned Schwei- - Catalonia: the Pla de Recerca i Innovació de zerischer Wissenschafts- und Technologierat. Catalunya.17 - Spain: the Plan Nacional de Investigación Cien- An inter-ministerial science and technology tífica, Desarrollo e Innovación Tecnológica.18 committee: This has the task of coordinating - Italy: the Programma Nazionale per la Ricerca.19 the different agents in the science and techno- - Switzerland: a pluriannual programme (Mehr- logy system and proposing research