European Journal of Law Reform

Artikel

Access to Higher Education in the EU

Evolving Case Law of the CJEU

Keywords EU common market, European higher educational area, CJEU case-law on education, free movement of students, educational strategies
Authors Kari Käsper en Tanel Kerikmäe
Author's information

139151 Kari Käsper
K. Käsper, M.A (law [Tallinn University of Technology 2012] and Law studies [International University Audentes, eq. with master of law 2005]) is a lecturer of EU law at Tallinn Law School, Tallinn University of Technology.

139153 Tanel Kerikmäe
Tanel Kerikmäe (Ph.D [Tallinn University, Political Science and State Governance 2009], LL.Lic [Helsinki University, Law 2006], LL.M [Helsinki University, Law 1994] and Law studies [Tartu University, eq. with master of law 1992]) is a professor and head of the Jean Monnet Chair of European Law, Tallinn Law School, Tallinn University of Technology. The current article is based on K. Käsper’s thesis (supervised by Prof. Kerikmäe), defended in 2012.
  • Abstract

      A prerequisite for a competitive market can be achieved better through clear legal policy in European higher education. There is a time for the EU to intervene more into the area to eliminate state protectionism. The reasoning in CJEU case law gives a guidance for corrigendum of further legal basis. The students of another Member State should not deserve different treatment. EU role in the field of education should be significant to avoid state-based bureaucracy. The jurisprudence of CJEU creates a basis for the further development of the regulation, which leads to foundation for well-functioning internal market in the global world.

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