A felsőoktatás és a szabad mozgáshoz való jog az európai unió Bíróságának ítélkezési gyakorlatában

Abstract

This article examines the jurisdiction of the Court of Justice of the European Union (CJEU) concerning the right of EU citizens to gain access to higher education in other EU Member States. The case-law plays an important intermediary role between various EU policies, often contributing to their more effective implementation in this way. The paper presents an obvious example for that as legal principles developed by the Court in free movement and anti-discrimination cases essentially facilitate the promotion of student mobility that is one of the fundamental objectives of the Bologna Process and the Union‘s education policy. At the same time, free student mobility may go against national education policies and interests and Member States are often reluctant to accept that the rulings, despite the limited competencies conferred upon the EU to take measures in the education sector, set narrow boundaries for national actions. the analysis also seeks to indicate those factors which have an influence on the Court‘s sensitivity towards interests and policy autonomy of the Member States in the field of higher education.