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• Access to higher education and right to free movement in the case-law of the CJEU

  134-156

  Ildikó Bartha

  Views:

  149

  This article examines the jurisdiction of the Court of Justice of the European Union (CJEU) concerning the right of EU citizens to gain access to higher education in other EU Member States. The case-law plays an important intermediary role between various EU policies, often contributing to their more effective implementation in this way. The paper presents an obvious example for that as legal principles developed by the Court in free movement and antidiscrimination cases essentially facilitate the promotion of student mobility that is one of the fundamental objectives of the Bologna Process and the Union‘s education policy. At the same time, free student mobility may go against national education policies and interests and Member States are often reluctant to accept that the rulings, despite the limited competencies conferred upon the EU to take measures in the education sector, set narrow boundaries for national actions. The analysis also seeks to indicate those factors which have an influence on the Court‘s sensitivity towards interests and policy autonomy of the Member States in the field of higher education.

• New attempts in EU law for the improvement of the consular protection of EU citizens in third countries

  9-23

  Adrienn Becánics

  Views:

  145

  The right of EU citizens to consular protection in third countries, where their Member State is not represented, is one of the most significant rights attached to the European citizenship. With the existing legal basis laid down in the Treaty on European Union and the Treaty on the Functioning of the European Union, the right to consular protection of EU citizens has all the conceivable chances to be established uniformly by union actions and under the supervision of the European Court of Justice. The aim of the Council Directive (EU) 2015/637 is to lay down the cooperation and coordination measures necessary to further facilitate consular protection to unrepresented citizens of the European Union. Nevertheless the directive does not affect consular relations between Member States and third countries. The present paper focuses on the actions had been taken in this field from the treaty establishing the European Economic Community until the achievements of the Treaty of Lisbon and the aforementioned Council Directive.