Higher Education Institutions in the EU: Between Competition by Andrea Gideon

By Andrea Gideon

This publication investigates the effect of european legislation and coverage at the Member States’ greater schooling establishment (HEI) sectors with a selected emphasis at the publicity of analysis in universities to european pageant legislations. It illustrates how the slow program of european monetary legislation to HEIs that have been predominantly pointed out as being in the public quarter creates tensions among the industrial and the social spheres within the ecu. Given the reluctance of the Member States to overtly advance an ecu point HEI coverage, those tensions look as unintentional results of the conventional program of the european Treaty provisions in parts resembling Union Citizenship, the loose flow provisions and pageant coverage to the HEI region. those advancements may perhaps endanger the normal non-economic venture of ecu HEIs. during this admire, the results of Union Citizenship and unfastened circulate legislation on HEIs have bought a few realization however the influence of european pageant legislations constitutes a mostly unexplored zone of analysis and this ebook redresses that imbalance. 

The objective of the study is to teach that meant and unintentional effects of the european fiscal constitution(s) are more advantageous by way of a parallel tendency of Member States to commercialise previously public sectors comparable to the HEI zone. The publication investigates the aptitude tensions via doctrinal research and a qualitative examine focussing at the publicity of HEI study to ecu pageant legislations as an under-researched instance of publicity to fiscal constraints. It concludes that such publicity could compromise the broader goals that examine extensive universities pursue within the public interest. 

Andrea Gideon is a Postdoctoral study Fellow on the Centre for legislations & enterprise (National collage of Singapore) for which she has suspended her place as Lecturer in legislations on the college of Liverpool. In her present venture she is investigating the appliance of pageant legislations to public companies in ASEAN. Her earlier learn involved tensions among the commercial and the social within the european with a spotlight on ecu pageant legislation during which learn sector she earned her PhD on the collage of Leeds in 2014.

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Extra resources for Higher Education Institutions in the EU: Between Competition and Public Service (Legal Issues of Services of General Interest)

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34 Public higher education can be regarded especially as belonging to the welfare state as wider access to HEIs is seen as a precondition of participation in complex economies and thus increasingly constitutes an element of social policy. Therefore, in Europe, where higher education and research can 31 Former Higher Education Minister for England, David Lammy, for example, declared that ‘any pressures on spending should be seen against the background of a long-term increase in student numbers […] with “more students than ever before in our history”’.

The constraints faced by the sector are then contextualised in the wider debate and some recent attempts by the Commission to align EU research policy with competition law are critically discussed. It is concluded that these attempts seem equally insufficient, as they do not necessarily clarify the legal position, are still fragmented, are decided upon entirely by the Commission and do not appear to necessarily reflect the views of the general public or stakeholders in HEIs. Therefore, an outlook is given of potential alternative strategies, as unlikely as their realisation in the current Eurosceptic climate may be, for a more coherent EU level policy on HEIs which moves away from the current tendency towards commodification and truly clarifies the legal position of HEIs under EU law, though the details of such approaches will have to be left to future research.

11. 3 Historical and Theoretical Background 7 academics became national institutions. 18 Accordingly, research was conducted for the sake of acquiring new knowledge with no applications in mind,19 was chiefly mono-disciplinary with increasing specialisation and was supposed to inform teaching. 20 By the end of the 19th century European universities had thus developed into research intensive institutions which, despite being nationalised, retained a high degree of academic freedom and autonomy. 2 The Republican University in the United States HEIs across the Atlantic developed differently; influenced by the spirit of establishing a democratic republic, the US HEI model focussed on equality of access (which, however, did not initially include gender and race equality) and equality between academic subjects.

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