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Balancing Student Mobility Rights and National Higher Education Autonomy in the European Union
Series: - Nijhoff Studies in European Union Law, Volume: 12
Author:
Traditionally viewed as a positive phenomenon, student mobility has recently come under critical scrutiny as a result of the financial crisis pushing European solidarity to its breaking point, and the fear of excessive EU incursion into the autonomy of Member States with respect to their higher education systems.
In Balancing Student Mobility Rights and National Higher Education Autonomy in the European Union, Alexander Hoogenboom contributes to the ongoing and evolving debate from a legal perspective. The book offers recommendations with a view to reconcile the mobility rights of Union citizens for study purposes and the need to respect Member State autonomy in the organisation of their higher education systems. The argument made suggests rethinking established principles in EU free movement law while encouraging greater EU involvement in student funding opportunities.
In Balancing Student Mobility Rights and National Higher Education Autonomy in the European Union, Alexander Hoogenboom contributes to the ongoing and evolving debate from a legal perspective. The book offers recommendations with a view to reconcile the mobility rights of Union citizens for study purposes and the need to respect Member State autonomy in the organisation of their higher education systems. The argument made suggests rethinking established principles in EU free movement law while encouraging greater EU involvement in student funding opportunities.
Alexander Hoogenboom (LL.M, MSc.) is scientific coordinator at the Institute for Transnational and Euregional cross border cooperation and mobility (ITEM) of Maastricht University. His research interests include EU free movement law, Union citizenship, (EU) migration law, (EU) higher education law and Competition Law.
Preface
1 Introduction
1.1 Setting the Scene
1.2 Contribution to Existing Literature
1.3 Definitions and Concepts
1.3.1 Scope ratione personae: The Student from an
eu
/
eea
Member State
1.3.2 Scope ratione materiae: Mobility
2 Student Mobility: Myths, Identities and Realities
2.1 Historical Context
2.1.1 The Mobility Blueprint: The Middle Ages
2.1.2 The Educational Grand Tour: Renaissance
2.1.3 Countervailling Trends: Mobility Lost in the Age of Nationalism
2.1.4 Rebuilding Post-War: Student Mobility and the European Economic Community, the European Union and the Bologna Process
2.2 Student Mobility and
eu
Economic Growth
2.2.1 The Premise: Tertiary Higher Education, the Highly Skilled and Economic Growth
2.2.2 Student Mobility in Tertiary Education and the Contribution to the
eu
Economy
2.2.3 Allocation: The Evidence
2.2.4 The ‘value added’ of Student Mobility
2.2.5 The Economic Benefits of Student Mobility
2.3 Student Mobility and Citizenship of the European Union
2.3.1 The Legal Dimension to Union Citizenship
2.3.2 The Contribution of Mobile Students: Catalyst for the Legal Development of Union Citizenship
2.3.3 Union Citizenship as a Legal Status and Its Wider Role
2.3.4 The Political Dimension of Union Citizenship: Mobility of Students as a Means to Promote a Sense of European Identity and Community
2.3.5 On balance: Student Mobility as a Transformative Experience
2.4 Conclusion
3 The Legal Framework for Student Mobility in the European Union
3.1 The Homo Academicus as
eu
Citizen
3.1.1
eu
Citizenship: The Basic Concept
3.1.2
eu
Citizenship: The Underlying rationale
3.1.3 The
eu
and Zum ewigen Frieden
3.1.4 The
eu
Citizen as Kantian Cosmopolitan
3.1.5 Clarifying Free Movement Concepts and Their Inherent Tensions
3.2 Mobile Students as Citizens and Their Rights under
eu
Law
3.2.1 Student Statuses under
eu
Law
3.2.2 Approach to Discussing
eu
Free Movement Law Applying to Students
3.2.3 Residence Rights
3.2.4 Special Residence Situations, Multiple Statuses and Their Relationship with Equal Treatment
3.2.5 Equal Treatment Rights and beyond: Access to Education and Study Facilitating Benefits
3.2.6 Access to Education
3.2.7 Conditions Facilitating the Free Movement of Students
3.3 Discussion and Development of the Legal Framework
3.3.1 The Principle of Access to Higher Education Offered in one of the Member States of the
eu
3.3.2 Access to Study Facilitating Benefits in the Host Member State
3.3.3 Access to Study Facilitating Benefits for Study Abroad: Portable Student Grants and/or Loans
3.4 Conclusion
4 Student Mobility from a National Perspective: Country Studies
4.1 The Tertiary Education System of Belgium (Flanders): Issues of Financing and Student Grants
4.1.1 Background: The Organisation of the Education Sector
4.1.2 Principles of Higher Education Funding
4.1.3 Principles of Funding Student Participation in Higher Education
4.2 The Tertiary Education System of the Netherlands: Issues of Financing and Student Grants
4.2.1 Background: The Organisation of the Education Sector
4.2.2 Principles of Higher Education Funding
4.2.3 Principles of Funding Student Participation in Higher Education: The Wet Studiefinanciering 2000
4.3 The Tertiary Education System of Sweden: Issues of Financing and Student Grants
4.3.1 Background: The Organisation of the Education Sector
4.3.2 Principles of Higher Education Funding
4.3.3 Principles of Funding Student Participation: The Studiestödslag
4.4 The Tertiary Education System of the United Kingdom (England): Issues of Financing and Student Grants
4.4.1 Background: The Organisation of the Education Sector
4.4.2 Principles of Higher Education Funding
4.4.3 Principles of Funding Student Participation in Higher Education: The Student Support System of England
4.5 Issues of
eu
Law: An Analysis
4.5.1 Renvoi Clauses: Importing
eu
Law without Defining How
4.5.2 Conditions of Access to Higher Education and Higher Education Funding Principles: Compatibility with
eu
Law
4.5.3 Access to Student Grants and/or Loans: Compatibility with
eu
Law
4.5.4 Country-specific Issues of
eu
Law Concerning Financial Support for Students
4.6 Brexit and Continued Relevance of the Analysis Concerning
uk
(England)
4.7 Conclusion
5 Student Mobility in the European Union: The Way Forward
5.1 The Rights of Union Citizens in Pursuit of Education Abroad
5.1.1 The Citizenship Dimension
5.1.2 The Fundamental Rights Dimension
5.1.3. Sub-conclusion
5.2 The National Perspective:
eu
Respect for Member States’ National Higher Education Systems
5.2.1 Different Burdens
5.2.2 Different Impacts
5.2.3 Beggar Thy Neighbour and Member State Competences in Higher Education Policy
5.2.4 Sub-conclusion
5.3 Maintaining the (Legal) Status Quo: ‘doing nothing’
5.3.1 The Student Perspective & Access to Education: Obstacles to Mobility
5.3.2 The Student Perspective & Access to Student Grants and/or Loans: Further Obstacles
5.3.3 The Member State Perspective: Problems with the Status Quo
5.4 Improving the Status Quo
5.4.1 Promoting Student Mobility: Optimal and Inclusive Policy
5.4.2 Protection of National Higher Education Systems and Solidarity as Fairness
5.4.3 Sub-conclusion
5.5 Policy Options Involving Unilateral Member State Action
5.5.1 Quantitative Restrictions (and/or Measures Having Equivalent Effect) Seeking to Restrict Access
5.5.2 Financial Restrictions Seeking to Restrict Access of Foreign Students
5.6 Policy Options Involving Collective Member State Action
5.6.1 Demand Side Interventions: Setting Up a System Coordinating Student Grants and/or Loans
5.6.2 Demand Side Interventions: An
eu
Study Grant and/or Loan System
5.6.3 Supply Side Interventions: How to Protect National Higher Education Systems
5.7 Evaluation and Proposed Legal Framework
5.7.1
euslos
: Institutional Structure
5.7.2
euslos
: Substantive Elements
5.7.3 The Emergency Procedure
5.7.4 The Legal Framework
5.8 Conclusion
Bibliography
Index
1 Introduction
1.1 Setting the Scene
1.2 Contribution to Existing Literature
1.3 Definitions and Concepts
1.3.1 Scope ratione personae: The Student from an
1.3.2 Scope ratione materiae: Mobility
2 Student Mobility: Myths, Identities and Realities
2.1 Historical Context
2.1.1 The Mobility Blueprint: The Middle Ages
2.1.2 The Educational Grand Tour: Renaissance
2.1.3 Countervailling Trends: Mobility Lost in the Age of Nationalism
2.1.4 Rebuilding Post-War: Student Mobility and the European Economic Community, the European Union and the Bologna Process
2.2 Student Mobility and
2.2.1 The Premise: Tertiary Higher Education, the Highly Skilled and Economic Growth
2.2.2 Student Mobility in Tertiary Education and the Contribution to the
2.2.3 Allocation: The Evidence
2.2.4 The ‘value added’ of Student Mobility
2.2.5 The Economic Benefits of Student Mobility
2.3 Student Mobility and Citizenship of the European Union
2.3.1 The Legal Dimension to Union Citizenship
2.3.2 The Contribution of Mobile Students: Catalyst for the Legal Development of Union Citizenship
2.3.3 Union Citizenship as a Legal Status and Its Wider Role
2.3.4 The Political Dimension of Union Citizenship: Mobility of Students as a Means to Promote a Sense of European Identity and Community
2.3.5 On balance: Student Mobility as a Transformative Experience
2.4 Conclusion
3 The Legal Framework for Student Mobility in the European Union
3.1 The Homo Academicus as
3.1.1
3.1.2
3.1.3 The
3.1.4 The
3.1.5 Clarifying Free Movement Concepts and Their Inherent Tensions
3.2 Mobile Students as Citizens and Their Rights under
3.2.1 Student Statuses under
3.2.2 Approach to Discussing
3.2.3 Residence Rights
3.2.4 Special Residence Situations, Multiple Statuses and Their Relationship with Equal Treatment
3.2.5 Equal Treatment Rights and beyond: Access to Education and Study Facilitating Benefits
3.2.6 Access to Education
3.2.7 Conditions Facilitating the Free Movement of Students
3.3 Discussion and Development of the Legal Framework
3.3.1 The Principle of Access to Higher Education Offered in one of the Member States of the
3.3.2 Access to Study Facilitating Benefits in the Host Member State
3.3.3 Access to Study Facilitating Benefits for Study Abroad: Portable Student Grants and/or Loans
3.4 Conclusion
4 Student Mobility from a National Perspective: Country Studies
4.1 The Tertiary Education System of Belgium (Flanders): Issues of Financing and Student Grants
4.1.1 Background: The Organisation of the Education Sector
4.1.2 Principles of Higher Education Funding
4.1.3 Principles of Funding Student Participation in Higher Education
4.2 The Tertiary Education System of the Netherlands: Issues of Financing and Student Grants
4.2.1 Background: The Organisation of the Education Sector
4.2.2 Principles of Higher Education Funding
4.2.3 Principles of Funding Student Participation in Higher Education: The Wet Studiefinanciering 2000
4.3 The Tertiary Education System of Sweden: Issues of Financing and Student Grants
4.3.1 Background: The Organisation of the Education Sector
4.3.2 Principles of Higher Education Funding
4.3.3 Principles of Funding Student Participation: The Studiestödslag
4.4 The Tertiary Education System of the United Kingdom (England): Issues of Financing and Student Grants
4.4.1 Background: The Organisation of the Education Sector
4.4.2 Principles of Higher Education Funding
4.4.3 Principles of Funding Student Participation in Higher Education: The Student Support System of England
4.5 Issues of
4.5.1 Renvoi Clauses: Importing
4.5.2 Conditions of Access to Higher Education and Higher Education Funding Principles: Compatibility with
4.5.3 Access to Student Grants and/or Loans: Compatibility with
4.5.4 Country-specific Issues of
4.6 Brexit and Continued Relevance of the Analysis Concerning
4.7 Conclusion
5 Student Mobility in the European Union: The Way Forward
5.1 The Rights of Union Citizens in Pursuit of Education Abroad
5.1.1 The Citizenship Dimension
5.1.2 The Fundamental Rights Dimension
5.1.3. Sub-conclusion
5.2 The National Perspective:
5.2.1 Different Burdens
5.2.2 Different Impacts
5.2.3 Beggar Thy Neighbour and Member State Competences in Higher Education Policy
5.2.4 Sub-conclusion
5.3 Maintaining the (Legal) Status Quo: ‘doing nothing’
5.3.1 The Student Perspective & Access to Education: Obstacles to Mobility
5.3.2 The Student Perspective & Access to Student Grants and/or Loans: Further Obstacles
5.3.3 The Member State Perspective: Problems with the Status Quo
5.4 Improving the Status Quo
5.4.1 Promoting Student Mobility: Optimal and Inclusive Policy
5.4.2 Protection of National Higher Education Systems and Solidarity as Fairness
5.4.3 Sub-conclusion
5.5 Policy Options Involving Unilateral Member State Action
5.5.1 Quantitative Restrictions (and/or Measures Having Equivalent Effect) Seeking to Restrict Access
5.5.2 Financial Restrictions Seeking to Restrict Access of Foreign Students
5.6 Policy Options Involving Collective Member State Action
5.6.1 Demand Side Interventions: Setting Up a System Coordinating Student Grants and/or Loans
5.6.2 Demand Side Interventions: An
5.6.3 Supply Side Interventions: How to Protect National Higher Education Systems
5.7 Evaluation and Proposed Legal Framework
5.7.1
5.7.2
5.7.3 The Emergency Procedure
5.7.4 The Legal Framework
5.8 Conclusion
Bibliography
Index
Policymakers, scholars, practioners, students and all other readers interested in EU free movement law, student mobility, concepts of EU citizenship and the European Higher Education Area.