Student Mobility in the EU – Recent Case Law, Reflections and Recommendations

Abstract

Now more than ever, it appears that both societal and political factors are supporting and stimulating student mobility in all its shapes and forms, most notably through various initiatives on the European level. The Bologna Process, the European Qualifications Framework and the Lisbon Recognition Convention are all examples of this commitment undertaken by the Member States of the EU as well as other European nations. However, upon taking a closer look at the practical reality, we see that many obstacles remain to exist. As EU law currently stands after the Forster and Morgan and Bucher judgments, mobile students do not have a right to maintenance grants, neither from their host state or their home state. Furthermore, the European Court of Justice has – albeit reluctantly – allowed an exception to the principle of equal treatment on grounds of nationality with regards to access to higher education in the Bressol case. Although the recent, somewhat more restrictive attitude of the European Court can be defended and perhaps even welcomed, it does illustrate the need for a discussion and potential action on the European level by the political institutions. This contribution includes a discussion of the recent ECJ case law on student mobility and some reflections on the desirability, feasibility and potential form and content of such future action.