When he took over from Hildegard Schneider in 2017, Smits radically changed the look of the dean’s office. Out with the heavy, dark wooden furniture; in with modern, lighter pieces, like the eye-catching orange chairs around a white table. Where will all this stuff go at the end of February? Will it be moved to the second floor of Minderbroedersberg, perhaps, where the Executive Board is based? We ask Jan Smits directly. By the time of this interview in January, it was already an open secret that UM President Rianne Letschert was likely to take up a ministerial post in the new cabinet. Within the Faculty of Law, rumour had it that Smits might step into her role as president of the Executive Board.
Ahead of the interview, Observant asked several Law staff members what Smits was like as a dean, what he excelled at and what occasionally ruffled feathers. One staff member said, “See how he reacts when you ask him about the university presidency. If he starts talking about a garden and birds, you’ll know he’s looking forward to it.”
Satisfaction
Smits crosses his arms. With a faint grin, he says, “As far as I know, there’s no vacancy.” Not a word about a garden, or birds. “Seriously, there’s no vacancy.” But would he like to be university president? “I can only give a politically correct answer to that question, and that isn’t what you want, is it?” No, it isn’t. (Almost two weeks ago, it was announced that he will take on the role of rector for six months; Pamela Habibović will become the new temporary president on March 1, all in anticipation of the integration between the hospital and the university).
In 2017, at the start of Smits deanship, he was adamant: “I’ll do this for four years and then go back to research and teaching.” That’s not quite how things turned out. “It ended up lasting a bit longer. I enjoyed the leadership role – well, not always, but it was certainly challenging. That’s an odd word, but you can get a lot of satisfaction from making a difference for others.” Still, he feels the time has come to step aside: “I even wrote an article about why it’s important to step down at a certain point.”
That same afternoon, Observant is sent a PDF of The Comparative Law and Economics of Term Limits for Academic Leadership. Smits examined the tenures of the last thirty deans across all ten law faculties in the Netherlands. On average, they remained in post for 5.4 years. (At 8.5 years, a certain dean at UM raised the average considerably.) Smits concluded from his research that two four-year terms should be the limit. Those who remain in charge for too long start losing touch with everyday academic life. Smits also wrote that leaders should come from within the faculty – his successor, Ronald Janse, is coming from the Open University – and ultimately return to it.
“Eight years ago, I thought we’d be able to do a lot more than we ended up being able to do”
But is it realistic to return after so many years, during which he inevitably didn’t have time to keep up with the literature in his field, European private law? “I love focusing on a single thing. I can no longer imagine what it’s like to lock yourself away for a day, let alone a week, to work on an article. I’ll have to see if I can still do it, but I think I probably can.”
Overhaul
From the outset, Smits wasted no time: the curriculum, especially of the bachelor’s programme in Dutch Law, needed an overhaul. For years, the Dutch-taught programme had attracted far fewer students than the English-taught European Law School, and Smits was eager to fix that imbalance. He also felt that Maastricht had to do something different to stand out from nearby universities such as Tilburg and Nijmegen. A unique programme, he hoped, would attract students from beyond the region. The curriculum has since been significantly revised, with greater emphasis on personal development through portfolios, but Smits has to admit that growth has remained modest.
Last September, the Dutch-language bachelor’s programme welcomed just over two hundred first-year students. The difference with the European Law School, capped at 550 students, remains considerable. “Things never turn out exactly as you expect. It’s clear that student intake is becoming more regionalised, and definitely not just at UM. To attract students from further afield, you have to offer something unique. A good example is our master’s programme in Forensics, Criminology and Law.” The extent to which the curriculum could be reshaped was limited by the fact that there are certain courses the Dutch bachelor’s programme must include in order to grant graduates admission into the legal field, the Dutch Public Prosecution Service and the judiciary court system. “Eight years ago, I thought we’d be able to do a lot more than we ended up being able to do.” Smits is, however, pleased that the faculty has made research into Dutch law a much higher priority.
Heavy workloads
During his tenure, student numbers rose by one thousand, and staff numbers by around one hundred full-time equivalents. But the faculty is still feeling the pressure of heavy workloads, Smits says. “It’s a complex issue. We’re definitely aware of it – that’s why so many new lecturers were hired.” The introduction of starter grants for young assistant professors has also taken off some of the pressure.
“It’s frustrating – no matter how many times you say it, the message doesn’t get across”
“But people tend to make things too difficult for themselves – yes, you can write that down. We’ve told them over and over again that they don’t have to produce ten publications per year. Quality is what matters. If you’ve published one great article in addition to teaching, that’s fine. But people are always inclined to do more.” Are leaders perhaps failing to set the right example? “Could be. It’s frustrating – no matter how many times you say it, the message doesn’t get across.”
Social safety
Smits is “a dean I’ve never heard complain about how busy his job is”, one Law staff member told Observant. “He’s an extremely hard worker.” Others also praise his dedication: “He’s always there”, “very approachable”, “genuinely interested in how you’re doing”. And: “a leader who dares to ask for advice and help”; “he sets high standards for himself and others”.
Has Smits ever tried to lower those standards? “I can’t. It stems from… well, ‘a need for control’ is putting it too strongly, because it depends on what it’s about. I give people plenty of freedom and trust when it comes to teaching and research. But creating the conditions that allow them to do their work properly is, in my view, the dean’s responsibility – the responsibility of the entire Faculty Board. And yes, on that front, I’m much more hands-on, including when it comes to solving problems.” He is referring in particular to issues of social safety. “It’s good that there’s so much awareness, and it’s important to intervene when something is wrong. But I do find it difficult when the ‘I feel unsafe’ card is played unfairly. It’s something we hear a bit too often.”
Hierarchy
Smits wholeheartedly embraces the national Recognition and Rewards programme, under which researchers are no longer assessed on publications only, but also on their contributions to teaching, social impact and leadership. “It’s great that things are changing. In the past, directors of studies were told, ‘If you want to get ahead, you’ll first have to return to research and publishing.’ That fails to acknowledge how much they do for the faculty.”
“It only leads to frustration among people who aren’t getting promoted for one reason or another”
If it were up to Smits, every academic staff member would be given the title of professor after completing their PhD, as is the case in Flanders. He wrote an opinion piece about it in the national newspaper NRC in February 2023. According to Smits, the hierarchical structure of universities isn’t doing us any good: “It only leads to frustration among people who aren’t getting promoted for one reason or another.”
Protests
And that article wasn’t his only opinion piece during his deanship. In April 2022, Smits spoke out in Observant after the university newspaper’s website was taken down by a DDoS attack. The attack followed the publication of an article about free menstrual products that stated the products were intended for “women who menstruate”; critics, including Feminists of Maastricht, argued that it should have said “people who menstruate”. Observant came under heavy criticism and was accused of transphobia. In his opinion piece, Smits condemned the University Council’s silence on the incident. In his view, academics – and representative bodies in particular – should take a clear stand against attacks on freedom of speech.
Have there been times where he felt like he couldn’t speak freely in his position as dean? “If something is important to me, I won’t hold back.” Ever? The pro-Palestinian protests were different, he admits, choosing his words carefully. “It’s a complex issue. As dean, I’m cautious for the same reason the Executive Board is – you don’t want to stifle free thought. Within the university, opinions are divided on the issue.
"That faculty meeting was tense, but everyone had the opportunity to give their opinion”
Protests are fine. People may think of them as disruptive, and some of them were, but that’s allowed as long as nothing gets damaged. When the toilets were defaced, we reported it to the police; that’s vandalism. Some colleagues raised their eyebrows and said, ‘Surely we have other priorities?’ When emotions were running high internationally and nationally, I organised a faculty meeting to discuss how we wanted to handle the situation. It was tense, but everyone had the opportunity to give their opinion. I would also have liked to sit down with the protestors, but they said, ‘We’ve done enough talking.’ Well, certainly not with me.”
Legal aid
His successor as dean, Ronald Janse, will chart his own course – “as well he should” – but are there any areas Smits would have liked to continue working on? “AI. An obvious answer, but it’s a highly relevant topic.” He would also like to see the programme focus more on legal aid practice, something encouraged by the Ministry of Justice. “It’s a bit paradoxical. The ministry itself drastically cut back on spending, and now it’s requesting law faculties to train legal aid lawyers. But I support the idea.”