Autonomy of Universities and Judicial Review: Irreconcilable Concepts?

Abstract

The autonomy of universities represents the main functional principle of universities in EU Member States. Is is an instrument of defence of higher education institutions from ideological, political and religious interferences and an essential middle of implementing educational right of individuals. Its role is to contribute to the improvement of higher education, to universities performance and to the developments of society. But what happens when decisions of higher education institutions, their inaction or unjustified refusal to resolve a demand are brought in front of tribunals? Is the judicial review possible, does it have limits and which are these limits? The answer assumes to establish the aim and the content of the university autonomy and to assess the judicial review both from the perspective of legality and opportunity. Our research is descriptive and explanatory and contains relevant case law. Our conclusion is in the direction of a complete judicial review made by the administrative courts, both from the perspective of the legality and of the opportunity of the act submitted to the control.