Spill-over from Directly Applicable EU Law
Spill over from EU law on HEIs can arise from different provisions. Firstly, the Union Citizenship provisions (Sect. 2.3.1) in their broad application by the Court potentially open higher education systems to more students than was originally anticipated. This could have an increasing impact on the organization of national higher education systems. Secondly, HEIs might, as a result of the commodification tendencies analysed in Chap. 1 (Sect. 1.3.3), more regularly fall under the free movement provisions (Sect. 2.3.2). Thirdly, HEIs could (in part) be regarded as undertakings and thus fall under the competition rules (Sect. 2.3.3). Finally, if research and education are to be regarded as economic services, the state might be required to commission these in public procurement procedures (Sect. 2.3.4).
These provisions of EU economic law might then require further commodification creating additional constraints on the traditionally non-economic mission of European HEIs. In the following, a brief description of these areas of law will be undertaken.
-  See Dougan 2009, p. 154 seq; Neergaard et al. 2009, p. 7. On the role of the Court in thesphere of citizenship see, Dougan 2012.