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

Copyright

Contents

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 Benefits 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