An issue that is repeatedly raised is that various organizations and companies want access to university and college premises. The universities can, of course, let their premises to all kinds of organisations, associations and companies if the university wishes. It does happen, however, that universities deny outsiders the use of the premises. Not least the student unions of the political parties usually raise the issue at regular intervals, frustrated at not being able to operate on campus without permission from the respective university.
We will find out what applies and why. We also want to describe the alternatives to today's rules. The idea is not to do any legal investigation - it has government office and The Swedish Higher Education Agency already done. The aim is primarily to clarify what has already been said in a more pedagogical way. However, the text ends with a question about student associations' right to common spaces that has not been highlighted before.
Student associations have the right to use teaching premises
Association life is a natural part of the university environment. Students have the right to organize themselves in associations and student unions. These associations in turn have the right to use the university's premises. It is an important principle for the internal democracy at the higher education institutions and is reflected in a statement in the Higher Education Ordinance:
A university is obliged to allow a democratically structured association for students at the university to use the teaching premises at a gathering that the association organizes for its members, if the gathering is held for information, expression of opinion or another similar purpose or for the performance of an artistic work. Anyone who has been invited by the association to participate in the gathering may not be refused access to the meeting premises. (Chapter 1 § 13 HF)
Associations for students thus have the right to use teaching premises for activities that are for the association's members.
They also have the right to invite guests from outside. This does not mean that student associations can invite public gatherings that are open to anyone. The activities must mainly be for the students, but it is possible to invite speakers, debaters, artists and the like to participate.
The university may only limit this right if there is reason to believe that there will be a serious disorder or something contrary to the law will occur, or if it violates the university's commitment to third parties.
Educational institutions are not public places
At the same time, universities and colleges are not public places. Regardless of whether the higher education institutions are state-owned or privately owned, the premises are mainly for research, teaching and other higher education activities. Today, universities can deny external organizations the use of the university's premises. The institution can also deny outsiders access to the premises. Incidentally, the same thing applies in other forms of education. The public, parties or companies have no right to gain access to schools either.
There may be good reasons to limit who has the right to use the premises of the higher education institutions. Companies may want to market their products. Employers may want to recruit students for jobs. Associations and trade unions may be interested in recruiting members. Political parties may have an interest in soliciting votes on campus. If all actors were given access to the premises, the students would soon be drowning in brands and messages.
What about political and trade union associations that organize students?
Recently, a student union expressed that they have the right to use university premises with reference to the provision in HF.
It is not only student unions that have been critical. 2011 left The Academic Union SSR submitted a letter to the then Swedish Higher Education Agency (today's University Chancellor's Office). The academic union SSR requested to be tested whether trade unions do not have the right to use the university's premises to recruit members.
The Swedish Higher Education Agency further assessed that neither the Academic Union SSR nor its student council were associations/organizations at a university, and that they thus did not have the right to teaching premises according to the provision in HF.
There are generally great similarities between the right of student associations and trade unions to operate at a university. The right to union organization is based on the employees at the workplace. Trade unions can make workplace visits to meet their members. However, they cannot come to a workplace and recruit members if they currently lack a member base. Membership recruitment must be done in another way. (There are also regional safety representatives who have the right to visit workplaces where they have members, but then in matters relating to the working environment. However, the regional safety representatives do not have the right to represent employees at workplaces that have safety committees - and all universities and colleges in Sweden are like that big that they must have a protection committee.)
Correspondingly, the students' right to organize themselves originates from the students at each university. Students have the right to form associations. Student unions are basically an ordinary association, which has, however, applied for and been granted status as a student union during a given period. The educational institutions are obliged to provide premises to all student associations that gather students at the educational institution, regardless of whether the association has status as a student union or not. This is what the Swedish Higher Education Agency wrote in response to the Academic Union SSR's letter:
In conclusion, the Swedish Higher Education Agency wishes to underline that the rules in ch. 1. Section 13 of the Higher Education Ordinance does not mean that only student unions at a university have the right to use the teaching premises. The rules apply to all democratic associations for students organized at a particular university. By forming an association for students at a university, associations with purposes other than the student unions can also gain access to the university's teaching premises.
The parties' student unions can still be involved
Student unions have expressed frustration at not being allowed to participate in the political conversation with students at universities and colleges. However, there are ways forward.
As we have discussed, a student union at the university can always invite the political student unions to debates and the like. If the students at the university want to, then there is nothing to prevent student unions from operating in such contexts. The student unions themselves can contact student unions or other student associations and suggest content for future activities.
Student unions can also form associations at the respective university. By forming local student associations, they would have the right to use teaching premises and organize activities where they also invite other students at the institution. It is of course the case that the student unions allow this type of local associations within their organisations. Some parties may need to review their bylaws for this purpose. It can be perceived as rigid, but is hardly unreasonable. The alternative is to renounce the generally reasonable principle that the premises of higher education institutions are for research, education and other higher education activities.
Association life at universities and colleges takes place on the premises of the students. It is better for the student unions to adopt that principle, than for the universities to open their premises to an arbitrary influx of interested parties who want the students' attention.
Do student associations have the right to premises other than teaching premises?
However, there is an issue that has not been addressed in previous letters. The Swedish Higher Education Agency assessed that the Academic Union SSR wanted to use the universities' public areas such as foyers and corridors, which is not supported in HF even for student associations. In the case of external organisations, it does not matter much, as they are not covered by the right to teaching premises. But what does this mean for student associations and student unions?
The Higher Education Ordinance gives student associations the right to use teaching premises, but on the other hand, no right is specified to organize activities in common areas such as entrances, corridors or other areas that are not directly used for teaching. Judging from the legislation alone, it thus appears that the student associations' right is strictly limited to teaching premises. The universities seem at first sight to be able to deny student associations the opportunity to organize activities such as membership recruitment or information campaigns in public spaces.
If a university refused student associations to use common spaces, it would however be very difficult to market, for example, lectures or cultural events aimed at the university's students. It would also be very difficult for the student unions to conduct union elections with a satisfactory turnout if the student unions were not allowed to appear visibly on campus.
Perhaps it can be argued that some use of the university's public areas is necessary for the students to be able to organize themselves in the way that is required to conduct a satisfactory student influence. In order to exert influence, it may be necessary to mobilize students who are not already actively engaged in an association or an issue. In that case, it can be argued that the university is obliged to provide premises with reference to the students' right to exercise influence according to chapter 1 § 4 of the Higher Education Act.
Such a right to mobilize students around issues related to education must reasonably go to student unions, which are the main organizations within the formalized student influence. But the right to mobilize students in educational matters cannot be unique to student unions. The student unions are associations of students who are appointed to student unions for a three-year period, after which a new examination must be done. Several associations such as student unions can apply for status as a student union in competition. A basic requirement is that the purpose of the associations is to monitor and participate in the development of education and the conditions for studies at the university. If several associations fulfill the other requirements placed on a student union, the question is decided by who represents the most students. Reasonably, all associations whose primary purpose is to monitor and participate in educational matters must be given fair conditions to recruit members.
It is unclear how far this reasoning can be taken or whether it has any legal bearing at all. So far, there do not seem to be any examples of universities that have banned student unions from recruiting members, something that would be unacceptable according to most. On the other hand, it has happened that the universities have banned political demonstrations, and opinions differ on whether such a ban should be possible. Regardless of what one thinks of the matter, there is a problem of demarcation.