European Union, Court of Justice, non-discrimination, free movement, higher education, diploma recognition, EU citizenship, education law
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Abstract
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Abstract
The Court of Justice of the European Union ruled that a Member State cannot impose specific conditions on holders of diplomas from other EU countries without violating non-discrimination and free movement principles.
Extract
[...] Court of Justice of the European Union, 1st July 2004, Commission of the European Communities v. Kingdom of Belgium, Case C-65/03 - Can a Member State impose specific conditions of access to higher education on holders of diplomas obtained in another Member State of the Union without violating the principle of non-discrimination and that of the free movement of persons? Commentary on judgment : CJCE, Case C-65/03, 1he July 2004, Commission v. Kingdom of Belgium « If I had to do it again, I would start with education and culture. [...]
[...] This case law has been extended to higher education by the Blaizot judgment of 1988, in which the Court held that higher education is included in the notion of vocational training 5. In this case, the Court recalls that « the article 12, paragraph CE is therefore applicable to the conditions set by the Member States for access to higher education (point 27). This principle means that the conditions for access to higher education must respect the prohibition of discrimination based on nationality, which is inherent to European citizenship. [...]
[...] Such was the question posed before the Court of Justice of the European Union in the judgment at the subject of the present commentary. The French Community of Belgium imposed additional conditions on holders of secondary education diplomas issued in other Member States of the European Union to access higher education. In particular, these students had to prove that they were admitted to a university in their country of origin without an entrance exam or had to undergo a specific aptitude test in Belgium. [...]
[...] Certain asymmetrical mobilities (Belgium/France or Austria/Germany) can lead to a massive influx of foreign students, putting at risk the balance of national education systems. The Court recognizes that « the action of the Community fully respects the responsibility of the Member States for the content and organisation of vocational training (point 4). In the face of these flows, the Commission has sometimes accepted to suspend infringement procedures against certain Member States, provided they justify the need for their measures. The introduction of quotas (such as in Belgium or Austria) or specific access conditions can be tolerated, if they respond to general interest objectives and respect the principle of proportionality. [...]
[...] However, the affirmation of this principle of equal treatment does not exclude any margin of maneuver for the Member States, which retain competences in the organization of their higher education. II- Limits to the competence of Member States in higher education If the Court imposes strict respect for the principle of non-discrimination, it nevertheless recognizes Member States' own competence to organize their educational system subject to not contravening the requirements of Community law The recognition of the competence of Member States in the organization of the educational system Article 149 EC (now Article 165 TFEU) consecrates the competence of Member States in education. [...]
