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In: Balancing Student Mobility Rights and National Higher Education Autonomy in the European Union
In: Balancing Student Mobility Rights and National Higher Education Autonomy in the European Union
In: Balancing Student Mobility Rights and National Higher Education Autonomy in the European Union
In: Balancing Student Mobility Rights and National Higher Education Autonomy in the European Union
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

Abstract

This contribution has as its main aim to analyse the rights that a Turkish national can derive from EU law, and in particular the Ankara Agreement acquis, with a view to engage in a course of study in one of the Member States of the European Union. In that regard, it is argued that a progressive interpretation of the applicable legal regime supportive of free movement of students is both necessary and warranted as (greater) student mobility may contribute to a closer relationship between the peoples of the (Member States of the) EU and Turkey as well as the realisation of mutual economic benefits. Coupled with the fact that the Ankara acquis allows for broad room of interpretation, this point of departure is used as a springboard and justification for reading an extensive set of rights into the acquis, including a right of entry and residence for study purposes, equal treatment with host Member States as regards access to education and under certain circumstances rights of access to the labour market and/or equal treatment as regards study grants.

In: European Journal of Migration and Law

Abstract

In Commission v the Netherlands (export of study grants) the Court has rendered an important judgment which has ramifications for the lawful use of durational residency requirements imposed on students wishing to export maintenance grants for study purposes as a means to balance the promotion of student mobility on the one hand and Member States’ desire to protect their educational budgets. Moreover, the judgment also addresses the legal position of frontier workers and migrant workers as regards access to social advantages in the state of employment, and more generally as regards the use of residency requirements for the purposes of assessing the link between the individual and the host society in EU law. Overall the conclusion seems to be that the Court is seeking to clarify its existing position while simultaneously developing new and more extensive obligations for the Member State in its relations with EU nationals of other Member States.

In: European Journal of Migration and Law