Center for Physiology and Pharmacology, Medical University of Vienna, Schwarzspanierstraße 17A, 1090, Vienna, Austria.
Legal Affairs and Compliance, Medical University of Vienna, Spitalgasse 23, 1090, Vienna, Austria.
Wien Klin Wochenschr. 2024 Apr;136(7-8):191-199. doi: 10.1007/s00508-024-02334-4. Epub 2024 Mar 8.
At the beginning of the 2000s the Austrian public universities were characterized by staffing rigidities, little competitive research, outdated study curricula and free access to all fields of study, the latter combined with high dropout rates and long study durations. As a countermeasure the universities were granted full legal capacity. For new employees the status of civil servants was herewith cancelled and, being now subject to the Employment Act, tenured employments for anyone who wanted to stay at the university were no longer possible. Medical faculties always had special provisions which would be difficult to reconcile with the full legal capacity of the universities: (i) the requirements of the hospitals affiliated to universities for research and teaching in addition to patient care had to be reimbursed to the Austrian federal states maintaining the hospitals, (ii) the physicians of university-affiliated hospitals were largely employed by the respective university and (iii) to ensure financing of clinical research and teaching at the hospital, the medical faculties received a budget separated from the rest of the university. As it was neither politically possible nor foreseeable that universities would be able to form a subcorporation with the affiliated hospital (integration model) or at least a close cooperation with the hospital if that has legal capacity per se (cooperation model), the necessary budgetary sovereignty of the medical faculties could only be guaranteed by their transition to medical universities. Nonetheless, reservations about this spin-off of medicine were enormous, but quickly fell silent, as the newly established medical universities maintained close cooperations with their parent as well as other universities and achieved, for Austrian standards, favorable positions in international rankings.
21 世纪初,奥地利的公立大学呈现出人员僵化、研究缺乏竞争力、课程过时以及所有学科领域都可自由选择的特点,后者与高辍学率和长学习时间相结合。作为应对措施,这些大学被赋予了完全的法人能力。对于新员工,公务员身份被取消,现在他们受《就业法》的约束,对于任何想留在大学的人来说,终身雇佣都不再可能。医学系通常有特殊规定,这些规定很难与大学的完全法人能力相协调:(i)除了患者护理外,附属大学医院的研究和教学要求必须得到维持医院的奥地利联邦州的补偿,(ii)大学附属医院的医生主要受各自大学雇用,以及(iii)为确保医院临床研究和教学的资金,医学系获得了与大学其他部门分开的预算。由于大学不可能形成与附属医院的子公司(整合模式),或者至少形成具有法人能力的附属医院的密切合作(合作模式),因此,医学系必要的预算自主权只能通过其过渡到医学大学来保证。尽管如此,对于这种医学的分拆,人们的保留意见很大,但很快就消失了,因为新成立的医学大学与其母体以及其他大学保持着密切的合作关系,并在国际排名中取得了对奥地利标准来说有利的地位。