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Unraveling the Legal Labyrinth: Regulatory Constraints and Survival Challenges of Private Higher Education in Portugal
Abstract
The survival of private higher education institutions (HEIs) in Portugal is closely linked to the country's regulatory framework, which affects their financial sustainability, operational autonomy and their capacity to compete with public HEIs. Although legislative reforms since 2006 have aimed to reduce disparities between public and private HEIs, significant regulatory constraints remain - particularly in relation to academic employment. This study provides a comprehensive review of the legal framework governing higher education (HE) in Portugal, focusing on legal decisions related to academic employment and its relation to the survival of public, private and hybrid HEIs. Our analysis shows that private HEIs are experiencing an increasing loss of autonomy, due to new accreditation standards on teaching staff employment contracts. This may constrain HEIs' strategic development and long-term survival. Policy and managerial implications derived from these findings are discussed.
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