Student Mobility in the EU – Recent Case Law, Reflections and Recommendations
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.
Balanced Mobility Across the Board—A Sensible Objective?
This article explores the concept of balanced mobility as set in the European Higher Education Area (EHEA) context. The exploration is done through a succession of steps. We first try to trace and understand the goal of having more balanced mobility between the Bologna Process countries, and to see how the concept of “balance” could be interpreted, given that policy references to balanced mobility leave room for interpretation. Next, we try to provide an answer to the question: Why has balanced mobility become an objective at this particular point in time? Third, we present recent statistics on student mobility in the EHEA context in order to show how balanced or imbalanced mobility flows are. Fourth, we try to outline some possible solutions for correcting different types of imbalances encountered in the EHEA context. And last, we try to conclude from the findings of previous sections what would be reasonable to expect in the EHEA context with regards to this policy aim.
La inseguridad jurídica en normas de contratación estatal
It is established by different studies that the issue of government procurement has been marred by several factors, the test objective to publicize these factors, we take as starting point the constant conflict between the branches of government to try and organize this subject; will collect and analyze diverse regulatory and case material in order to achieve evidence and demonstrate the different concepts of constant change that produces excessive regulation of the subject procurement and is in turn causing rapid changes that result in legal uncertainty for our law on the Contract Status.