In this monograph I have tried to highlight the value of student mobility for the European Union, both in economic terms but also in the broader sense of being capable of fostering a sense of European identity. At the same time, the book argues that Member States have justified claims in seeking to, in certain circumstances, derogate from the applicable eu law in order to be able to organize their higher education systems in accordance with domestic democratic preferences. In reconciling these two aims, this book argues that a comprehensive European student loan system can and should be established, while at the same time it may be necessary to adjust the principles governing the free movement of students where Member States suffer unduly under the influx of foreign students.
However, in the light of recent events, it would be remiss not to make a few further remarks. In times where the citizens of Europe are concerned rather than enthusiastic about persons crossing borders, and where some Member States use their protected competences to detract from rather than build up higher education systems, two points in particular would seem important.
First, the European Union must remain steadfast and actively promote its citizens to be mobile. There currently seems to be a strong undercurrent in European societies which views mobility of persons in the eu in an overwhelmingly negative light: a threat to the welfare state, a threat to cohesiveness, a threat to identity. An important means to address this perception is to create opportunities for positive mobility experiences, such as study or training periods abroad. Going abroad (for more than just a holiday) is – I think – a transformative experience. It is capable of generating new insights into neighbouring cultures and fostering a reformed sense of ‘community’; one that extends beyond borders. In turn, such (ex) mobile persons may by their very presence become advocates for viewing mobility in a positive sense.
Secondly, the European Union must be braver in using the sword of eu law to defend its founding values. Respect for Member State autonomy in higher education matters and the need to guard against excessive incursion by European Union law and policies does not, and should not, insulate Member States from eu scrutiny where warranted. The measures adopted against the Central European University by the regime led by Viktor Orbán are a case in point. I submit in this monograph that higher education institutes can invoke the legal principles governing the free movement students to challenge restrictive measures – and I hope that this possibility is taken up by or on behalf of the institution, its staff and its students.
Finally, I would like to express my gratitude to the European Law Faculties Association for having seen fit to honour this work with the elfa 2016 Thesis Award – I feel truly honoured.
The main research for this book was closed the 31st of May 2016, with a substantial update to reflect the law as it stands on the 7th of April 2017.