Interim Conclusion on Union Citizenship and HEIs

Union Citizenship generally only provides students with the right to reside in the territory of another Member State and to access higher education in that Member State. Additional benefits are generally excluded for EU migrant students unless a ‘real link’ to the host state can be established. Instead these benefits can be exported from the home state. Whilst this system does not seem to cause too many concerns generally, the cases of Belgium and Austria have shown that the citizenship provisions can have significant spill-over effects threatening the whole concept of an open access to education policy in certain circumstances. Here, further regulation seems required.[1]

  • [1] Van der Mei 2005, p. 232 seq had suggested a justified quota system which, however, seemsdifficult as the Court only let the concerns about the health system count as a justification and notthe threats to the education system itself. On the attempts to establish a reimbursement schemebetween certain Member States see Damjanovic 2012, p. 162 seq with further references.
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