„Nichtdiskriminierung und Unionsbürgerschaft“ in einem „Staatenverbund“. Zugleich eine Auseinandersetzung mit (vornehmlich) dem Urteil des EuGH vom 13.04.2010, C-73/08 (Bressol)

Abstract

Restrictions of the number of non-resident Union citizen students to universities of a Member State have been an issue in several cases before the EU Court of Justice already for years. Whilst the Member States concerned (Belgium and Austria) argued that these quantitative limitations be absolutely necessary in order to avoid excessive burden, the common understanding was that those restrictions constitute prohibited discrimination on grounds of nationality. The most recent judgment in this context (Bressol), however, seems to indicate some flexibility, though, as to now, only with regard to (para-)medical programmes and in respect to the protection of public health.Against this background the following contribution aims at scrutinizing the role of this specific provision (Article 18 [1] TFEU, Article 21 [2] EUCFR) by balancing it against another provision of primary law whose legal weight was, as to now, obviously underestimated: the third sentence of Article 9 TEU and Article 20 (1) TFEU respectively.