Law and Higher Education in the EU and in the Flemish Community
- 3 Downloads
Legal Basis for EU Action on Education and Vocational Training: A Recap
In the area of education and training, the EU already has several important competences. The most specific competence is laid down in Articles 165 and 166 TFEU, the first focusing on education and the second on vocational training.
Both provisions, each for its specific area of interest, define to what extent and in which direction common institutions shall take action, striking a balance between competences belonging to the EU and those staying with the Member States. In particular, goals to be pursued in each of the two fields are outlined, as well as the procedures for the adoption of legal acts by the institutions.
Article 165 provides, inter alia, that the European Parliament and the Council, in accordance with the ordinary legislative procedure, shall adopt incentive measures to contribute to “the development of quality education by encouraging cooperation between Member States and, if necessary, by...
- Belgian Constitution.: http://www.const-court.be/en/basic_text/belgian_constitution.pdf.
- Flemish Code on Higher Education (in Dutch).: http://data-onderwijs.vlaanderen.be/edulex/document.aspx?docid=14650#1276.
- De Groof. 2012. Thoughts on autonomy in policy and law within the European higher education space. In Intercultural dialogue and multi-level governance in Europe, a human rights based approach, ed. Léonce Bekemans, 81–140. Brussels: Peter Lang.Google Scholar
- De Groof, Jan, and Fausto Comandè. 2018. Juridification, judicialisation and judicial activism in higher education: Views from the CJEU. In European higher education and the internal market – Tensions between European policy and national sovereignty, ed. C. Sin, O. Tavares, S. Cardoso, and M. Rosa, 73–126. Cham: Palgrave Macmillan.Google Scholar
- De Wit, Kurt, and Harry de Boer. 2010. Governance and funding reform in the European higher education area. National system analysis: Belgium (Flanders). In Methodology, performance data, literature survey, national system analyses and case studies. Vol. 2 of progress in higher education reform across Europe: Governance and funding reform, ed. Ben Jongbloed, Harry de Boer, Jürgen Enders, and Jon File, 130–146. Brussels: European Commission.Google Scholar