Database of Precedents

Application	Initial
Review	Full, coordinated by ENQA
Decision of	03/03/2023
Standard	3.3 Independence
Keywords	Infringement of the organizational independence
Panel conclusion	Compliance
Clarification request(s)	–
RC decision	Partial compliance

“The Committee could not verify how the agency ensures its independence from its founder and found the distribution of power among stakeholders in the governing of the agency unequal. The Committee noted that the current arrangements include the possibility of

the founder or the Director General exercising their controlling stake in several regards, causing a substantial risk of an infringement on the

independence of the agency (see also interpretation 18).”

Full decision: see agency register entry

Application	Initial
Review	Full, coordinated by ENQA
Decision of	18/03/2021
Standard	3.3 Independence
Keywords	Organizational independence; Lack of formal mechanisms for tackling conflict of interest
Panel conclusion	Substantial compliance
Clarification request(s)	Panel (15/03/2021)
RC decision	Partial compliance

“Concerns about the Government's control of all major appointments remain. In particular, the way in which the Director General is selected has not been made fully transparent and it remained unclear whether the involvement of stakeholders in appointing the Advisory Board is secured in official documents. Moreover, the potential conflict of interest that the Director General could come across in their daily operations does not seem to be fully addressed through formal means by the agency.”

Full decision: see agency register entry

Application	Renewal
Review	Full, coordinated by ENQA
Decision of	22/06/2020
Standard	3.3 Independence
Keywords	Organisational independence; Appointment of the members by minister
Panel conclusion	Full compliance
Clarification request(s)	–
RC decision	Partial compliance

“In terms of organisational independence, the evidence presented by the panel shows that members of the Governing Board are appointed by the regional minister responsible for universities and that the Governing Board has a strong representation of its regional Government, including the Chairperson. The agency is largely dependent on the regional Government also for the approvals and hiring of new staff and the annual approval of its budget. ”

Full decision: see agency register entry

Application	Renewal
Review	Full, coordinated by ENQA
Decision of	11/09/2018
Standard	3.3 Independence
Keywords	Organisational independence
Panel conclusion	Full compliance
Clarification request(s)	–
RC decision	Compliance

“The Register Committee noted that since its last evaluation, ANECA has strengthened its independence i.e. becoming an autonomous public body, ensuring a more balanced representations in its Governing Council, appointing of its own director and operating with full fiscal autonomy. The Register Committee further noted that “the operation of ANECA’s policies and procedures surrounding the design, implementation and reporting on all the evaluation processes takes place in a fully independent and autonomous manner” (Review report, p. 26).”

Full decision: see agency register entry

Application	Initial
Review	Full, coordinated by ENQA
Decision of	20/06/2017
Standard	3.3 Independence
Keywords	operational independence
Panel conclusion	Full compliance
Clarification request(s)	Panel (21/04/2026)
RC decision	Compliance

“The Register Committee sought and received clarification from the panel as regards ANQA's independence in defining its own procedures and methods. The Committee appreciated the panel's explanation as to how ANQA developed its Manual independently.”

Full decision: see agency register entry

Application	Renewal
Review	Full, coordinated by ENQA
Decision of	20/06/2017
Standard	3.3 Independence
Keywords	organisational and operational independence
Panel conclusion	Full compliance
Clarification request(s)	–
RC decision	Compliance

“The review panel was satisfied that the 2014 decree on AEQES and the current organisational status and structure sufficiently demonstrate and safeguard AEQES independence. In particular, AEQES gained the ability to hire staff from its own budget, independently of the Ministry”

Full decision: see agency register entry

Application	Initial
Review	Focused, coordinated by ENQA
Decision of	03/03/2023
Standard	3.3 Independence
Keywords	Infringement of the operational independence
Panel conclusion	Compliance
Clarification request(s)	–
RC decision	Partial compliance

“Dependency of the agency on staff paid by higher education institutions”

Full decision: see agency register entry

Application	Initial
Review	Full, coordinated by ENQA
Decision of	30/06/2023
Standard	3.3 Independence
Keywords	Overlapping responsibilities between different bodies/ Lack of diversity
Panel conclusion	Partial compliance
Clarification request(s)	–
RC decision	Partial compliance

“34. The panel raised issues related to the high involvement of representatives of accredited institutions, amplified by the small size of the chiropractic community, as well as the overlapping responsibilities between different agency bodies. In particular, the panel regarded critically the ex-officio mutual memberships of the Executive Committee and QAAC chairperson in the respective other committee, the involvement of both bodies in the QA process and the close involvement of the QAAC in pre-screening self-evaluation reports.

35. In light of these concerns, the Register Committee concurred with the panel’s conclusion that ECCE only partially complies with the standard.”

Full decision: see agency register entry

Application	Initial
Review	Full, coordinated by ENQA
Decision of	12/12/2023
Standard	3.3 Independence
Keywords	dominant role of the Director, lack of independent stakeholder consisted governing body
Panel conclusion	Partial compliance
Clarification request(s)	–
RC decision	Partial compliance

“The Committee found that in the present arrangements the founder has a dominant figure in the work of the agency. His/her

position could endanger the organisational and the operational independence of IKCA, especially in the absence of an independent

stakeholder governing body. The Committee found also that further clarity is needed in the selection processes of its different bodies.”

Full decision: see agency register entry

Application	Initial
Review	Full, coordinated by ENQA
Decision of	13/10/2023
Standard	3.3 Independence
Keywords	Operational independence; Independence of formal outcomes
Panel conclusion	Partial compliance
Clarification request(s)	–
RC decision	Partial compliance

“The Committee learned that both the president and the vice president

of KAZSEE have voting rights in the two bodies in which they are members

of, i.e. the Accreditation Council and the Supervisory Board. In panel’s view

the “mixture of roles [of the President and the vice President] could make

the [decision making] system vulnerable”. The Committee could follow panel’s reasoning that the current

arrangements could pose threat for the operational independence and the

independence of formal outcomes.”

Full decision: see agency register entry

Application	Renewal
Review	Full, coordinated by ASIIN
Decision of	11/03/2024
Standard	3.3 Independence
Keywords	strong role of the role of the Governing Board in the work and formal outcomes of the agency
Panel conclusion	Partial compliance
Clarification request(s)	–
RC decision	Partial compliance

“the involvement of the Governing Board in the

review process is significant. For example, a Board member serves as a

Chair in all panels. Upon the completion of the report by the panel, two

Board members are involved in finalising the text. The final decision on the

report is taken by the Board. While the agency has formal mechanisms for

preventing influence over the decision-making from the Board members

involved in the review process, the panel expressed concerns of informal

influences”

Full decision: see agency register entry

Application	Renewal
Review	Full, coordinated by ENQA
Decision of	12/12/2023
Standard	3.3 Independence
Keywords	strong involvement of the Government in selection of members of some the agency's bodies, lack of clear procedures for selection and dismissal of Board members, lack of safeguarding mechanisms
Panel conclusion	Partial compliance
Clarification request(s)	–
RC decision	Partial compliance

“increased involvement of the Government in the selection of the Board members, lack of clear

procedures for the selection and dismissal of Board members and lack of mechanisms safeguarding the agency from the Government’s interference in its work, as well as recent changes for increasing of the role of the Government and the ministry responsible for higher education in selecting and electing key positions and governing bodies”

Full decision: see agency register entry

Application	Initial
Review	Focused, coordinated by ENQA
Decision of	11/10/2024
Standard	3.3 Independence
Keywords	strong role of the director
Panel conclusion	Compliance
Clarification request(s)	–
RC decision	Partial compliance

“The role of the General Director is rather dominant in the work in the agency including the approval of the composition of the Expert Council, the appointment of members of the Accreditation Council and the approval of all internal regulations of the agency, including the ones related to the accreditation processes.”

Full decision: see agency register entry

Application	Renewal
Review	Full, coordinated by ENQA
Decision of	27/11/2024
Standard	3.3 Independence
Keywords	High level of involvement of the Government of Georgia in the selection of candidates for several leadership and managerial positions in the agency
Panel conclusion	Partial compliance
Clarification request(s)	Panel (28/05/2024)
RC decision	Non-compliance

“The Register Committee found that the agency remains having weak

organisational independence as the government persists having strong involvement in the appointment of several NCEQE’s bodies. The Committee found that further panel insight should asses whether the Government’s significant involvement in the agency’s operations affects the notable staff overturn (i.e. the operational independence) and the final conclusions of the accreditation decisions (i.e. the independence of formal outcomes).”

Full decision: see agency register entry

Application	Renewal
Review	Targeted, coordinated by ENQA
Decision of	25/10/2022
Standard	3.3 Independence
Keywords	involvement of ministry in accreditation of HEIs in exile
Panel conclusion	Compliance
Clarification request(s)	–
RC decision	Compliance

“15. The review panel noted some concerns about the process of ex-post accreditation of higher education institutions in exile, especially given the direct involvement of the Ministry of Foreign Affairs in the evaluation, i.e. certain standards being assessed by the Ministry instead of the panel of experts.

16. The Register Committee considered that the rationale might lie in the obvious political and diplomatic dimensions involved and that this might justify distributed responsibilities in principle. The Committee, however, considered that it must be transparent to the public what is an assessment made by SKVC and its independent expert panels, and what part of the assessment is made by the Ministry, potentially taking into account political considerations. The Committee recommends that SKVC and the Ministry explore how to disentangle political/diplomatic considerations and quality assessments fully, e.g. by having the Ministry make a separate assessment and decision either preceding SKVC's quality assessment, or following a decision by SKVC.

17. Given the rare occurrence of these procedures and the brief analysis by the panel on the matter, the Register Committee was unable to draw a definitive conclusion; the independence and transparency in these procedures should thus receive close attention in SKVC's next review.”

Full decision: see agency register entry

Application	Renewal
Review	Targeted, coordinated by ENQA
Decision of	25/10/2022
Standard	3.3 Independence
Keywords	composition of governing bodies; independence of the appeals process; financial independence
Panel conclusion	Full compliance
Clarification request(s)	–
RC decision	Compliance

“In its previous decision the Register Committee underlined the concerns of the panel with regard to the overlap in the composition of the agency’s different bodies. The review panel found that AQU has separated the membership of its strategic and oversight bodies from its specific commissions and review panels. The Register Committee welcomed these changes, including the appointment of two non-local members to the Appeals Committee, but noted that the Chair of the Appeals Committee is a member of the Governing Board. While the role of the members in the Governing Board is limited to the strategic decision-making and management of the organisation, the Register Committee found that the involvement of a representative of the Board (in particular as a Chair) in the Appeals Committee might put undue pressure in the discussion and decision-making of the Appeals Committee. The Register Committee nevertheless agreed that the Appeals Committee was sufficiently independent given that the AQU’s Governing Board does not adopt the reports or decisions that are being appealed. The Register Committee further noted that AQU’s funding comes primarily from the Government of Catalonia (about 90% of the agency’s budget) and is allocated on an annual basis. The Committee welcomed AQU’s plans to move to a four-year contract with the Government of Catalonia, which could further improve its operational independence. Considered the steps taken to separate the membership of the agency’s strategic and oversight bodies, the Register Committee could follow the panel’s conclusion that AQU now complies with the standard ESG 3.3.”

Full decision: see agency register entry

Application	Initial
Review	Focused, coordinated by GAC
Decision of	12/12/2021
Standard	3.3 Independence
Keywords	Independence of formal outcomes
Panel conclusion	Substantial compliance
Clarification request(s)	Agency (07/12/2021)
RC decision	Compliance

“In its past review the Register Committee noted that AKAST was subject to the vigilance of the German Bishops’ Conference and that its influence extended to giving consent for the admission of members of the association and the nomination of members of the Accreditation Committee, the confirmation of the Chairperson of the Accreditation Committee and the Board, and the approval of each of the accreditation decision by the member of the Commission for Science and Arts (Commission VIII) of the German Bishops’ Conference. Due to these interlinkages, the Register Committee concluded (see decision of 30/11/2019) that AKAST did not comply with ESG 3.3. The Register Committee in particular found the requirement that each accreditation decision requires the consent of the representative of the German Bishops’ Conference (member of the Accreditation Committee) to be in contrast with the requirement of the ESG that the responsibility for the final outcomes of the quality assurance processes remain the responsibility of the quality assurance agency. While the German Bishops’ Conference continues to play a strong role in the governance of the agency, i.e. confirming the person who chairs the Executive Board, the Accreditation Committee and the Advisory Board, the Register Committee welcomes the steps taken by AKAST to strengthen the independence of formal outcomes and of its operation While the German Bishops’ Conference continues to play a strong role in the governance of the agency, i.e. confirming the person who chairs the Executive Board, the Accreditation Committee and the Advisory Board, the Register Committee welcomes the steps taken by AKAST to strengthen the independence of formal outcomes and of its operation While the German Bishops’ Conference continues to play a strong role in the governance of the agency, i.e. confirming the person who chairs the Executive Board, the Accreditation Committee and the Advisory Board, the Register Committee welcomes the steps taken by AKAST to strengthen the independence of formal outcomes and of its operation”

Full decision: see agency register entry

Application	Renewal
Review	Full, coordinated by ASHE
Decision of	15/10/2021
Standard	3.3 Independence
Keywords	Integrity/conflict of interest
Panel conclusion	Substantial compliance
Clarification request(s)	–
RC decision	Compliance

“The Register Committee noted that the members of ASIIN’s technical committees can simultaneously hold the position of an external reviewer for ASIIN’s review panels, which would put them in a conflict of interest when discussing the reports prepared by the same panel they were members of.

23. Considering the panel’s concern of a potential conflict of interest resulting from this arrangement, the Committee concluded in its initial decision that ASIIN complied only partially with ESG 3.3.

24. In its Appeal of 20/01/2022, ASIIN challenged the Committee’s conclusion and judgment arguing that the independent decision making of its Technical Committee was not compromised. The agency made the case that the involvement of active experts as members within ASIIN’s 14 Technical Committees ensured a consistent application of procedures and criteria in the preparation of accreditation reports. ASIIN further explained that ASIIN’s Technical Committees did not have any decision-making power as regards the accreditation decision. Moreover, the experts involved in the procedure would regularly abstain.

25. The Committee welcomed the abstention of the Technical Committee members, but could not determine if the practice of abstention was institutionalised in ASIIN’s procedure.

26. The Register Committee further underlined that the integrity of the review process could be better safeguarded by ensuring that members of the Technical Committees would not partake at all (i.e. by leaving the room) when their report is considered by the Technical Committee.

27. Having weighed the limited role of the Technical Committee in ASIIN’s decision making process and the fact that its members abstain from decision-making in such cases where they were involved as reviewers, the Register Committee concluded that ASIIN’s independent decision-making is not compromised and thus found that the requirement of the standard is met. The Committee therefore concurred that the agency complies with ESG 3.3”

Full decision: see agency register entry

Application	Initial
Review	Focused, coordinated by ECA
Decision of	18/03/2021
Standard	3.3 Independence
Keywords	nomination of the Board members
Panel conclusion	Substantial compliance
Clarification request(s)	–
RC decision	Compliance

“21. The review panel noted that EQ-Arts' statutes were reviewed in order to reorganise its Board and allow for the inclusion of students. Moreover, the Board and Executive Group were merged. The Governance Framework defined the composition and responsibilities of the Board, as well as the criteria for Board membership (p.34).

22. The panel reported that a call for Board members was issued in May 2020 and addressed to relevant subject-specific stakeholder organisations; on that basis, the Board members were selected.

23. The Register Committee considered that the new arrangements improved transparency and therefore concurred with the panel's conclusion that EQ-Arts complies with the standard.

24. The Committee was unable to verify whether the nomination arrangements apply only to initial nominations or also to re-appointments. In the interest of assuring a regular link with the sector, the Committee encouraged EQ-Arts to ask for nominations also for re-appointments.”

Full decision: see agency register entry

Application	Initial
Review	Full, coordinated by ASIIN
Decision of	28/06/2022
Standard	3.3 Independence
Keywords	Composition of governance bodies
Panel conclusion	Partial compliance
Clarification request(s)	–
RC decision	Partial compliance

“57. The Register Committee took note of the panel’s concerns with regards

to ECTE’ structure, the composition and overlapping functions of ECTE

Council and the possible conflict of interest in the role of some staff

members.

58. The Committee considered the additional documentation provided by

ECTE and welcomed the agency’s intention to address its shortcomings by

i.e. restructuring the functions and composition of the ECTE Council,

creating a designated Accreditation Commission; redefining the role and

function of staff to remove possible conflict of interest and revising the

composition of the Visitation Evaluation Teams (VET) so they may not be

members of the ECTE Accreditation Commission.

59. In its additional representations, ECTE noted that the Accreditation

Commission has been fully operational since January 2022 and that its new

policy was adopted and implemented.

60. While the Register Committee welcomed these changes in response to

the review panel's analysis and recommendation, it noted that the actual

impact in practice could only be assessed in a future external review; the

Committee therefore followed the review panel’s conclusion that ECTE

complies only partially with ESG 3.3”

Full decision: see agency register entry