The Assessment of Legal Research in Spain. Is Einstein Better than Kelsen?

• Main Author: José María Rodríguez de Santiago
• Format: Article
• Language: Spanish
• Published: Marcial Pons 2020-02-01
• Series: Revista de Derecho Público
• Subjects: research assessment; universities; higher education; freedom of research; sexenio; accreditation
• Online Access: http://revistasmarcialpons.es/revistaderechopublico/article/view/35

This paper first examines the constitutional provisions that must guide public research assessment procedures. Freedom of research (Art. 20(1)(b) CE) requires these procedures to be “suitable” for science as well as for science to be involved therein. After presenting the concepts and notions used in the international debate on research assessment (bibliometrics, quantitative or qualitative research, peer review, etc.), there is an outline of the various types of research assessment procedures in place under Spanish law according to the subject of assessment (research works, researchers’ CVs, research projects and institutional assessments). The paper then looks into the characteristics of law that are relevant from the perspective of legal research assessment. The closing remarks include a set of proposals revolving around the idea that public authorities must create organizational structures and procedures allowing every scientific community to set the criteria to be applied to research assessment within each scholarly field.