Higher Education Institutions In The Eu Between Competition And Public Service

This book investigates the impact of EU law and policy on the Member States’ higher education institution (HEI) sectors with a particular emphasis on the exposure of research in universities to EU competition law. It illustrates how the gradual application of EU economic law to HEIs which were predominantly identified as being within the public sector creates tensions between the economic and the social spheres in the EU. Given the reluctance of the Member States to openly develop an EU level HEI policy, these tensions appear as unintended consequences of the traditional application of the EU Treaty provisions in areas such as Union Citizenship, the free movement provisions and competition policy to the HEI sector. These developments may endanger the traditional non-economic mission of European HEIs. In this respect, the effects of Union Citizenship and free movement law on HEIs have received some attention but the impact of EU competition law constitutes a largely unexplored area of research and this book redresses that imbalance. The aim of the research is to show that intended and unintended consequences of the EU economic constitution(s) are enhanced by a parallel tendency of Member States to commercialise formerly public sectors such as the HEI sector. The book investigates the potential tensions through doctrinal analysis and a qualitative study focussing on the exposure of HEI research to EU competition law as an under-researched example of exposure to economic constraints. It concludes that such exposure may compromise the wider aims that research intensive universities pursue in the public interest. Andrea Gideon is a Postdoctoral Research Fellow at the Centre for Law & Business (National University of Singapore) for which she has suspended her position as Lecturer in Law at the University of Liverpool. In her current project she is investigating the application of competition law to public services in ASEAN. Her previous research concerned tensions between the economic and the social in the EU with a focus on EU competition law in which research area she earned her PhD at the University of Leeds in 2014.

This book analyses European higher education policies and their three main drivers: the European Commission, the European Court of Justice and the building of the European Higher Education Area through the Bologna Process. Central to the volume is the issue of European institutions’ intervention in higher education: building a common area for higher education in a domain protected by subsidiarity is no easy task, and one that must consider the supra-national, national and institutional levels that all play a role in policy implementation. In this volume, the editors and contributors navigate within the tensions between the establishment of an internal market on the one hand and national sovereignty on the other. This volume will surely be of interest and value to those studying and working in the area of higher education policy and understanding relationships between European institutions and member states.

Examines regional competition policy developments in South East Asia, exploring a broad range of related issues from diverse perspectives.

This monograph, which was also designed as a short reference book for specialized undergraduate and graduate courses on EU law, intends to shed light on, and legally frame, the evolution of the doctrine of services of general economic interest (SGEIs). The book emphasizes the pivotal role played by SGEIs in striking a fair balance between market and social objectives. To this end, the book claims, first of all, that SGEIs have a dual nature inasmuch as they act as a limitation to/derogation from the free market and, simultaneously, as a value and positive obligation addressed at national authorities, undertakings, and EU institutions. The EU notions of access to public services and universal service are the clearest signal of such phenomenon. Secondly, the book claims that the transfer of competences from the Union to the Member States and the reaffirmation of Member States’ sovereignty in crucial sectors of the economy are not the only solutions to foster social rights. In fact, this narrative is apt to undermine the foundations, spirit, and purpose of the process of European integration, especially at a time like the present, when new forms of populism and anti-Europeanism are on the rise, and when a European response is imperative to counter the spread of the coronavirus in European countries. The book concludes that SGEIs’ regulation is an area of law where the EU institutions have generally successfully put into action and consolidated the social market economy principles on which the EU was founded. This is even further proof that the EU is not merely the reflection of interests linked to market completion, but also and foremost a ‘Community based on the rule of law’. The book will be a valuable resource for academics and researchers in EU Law, European Public Law and EU competition law.

Building Higher Education Cooperation with the EU: Challenges and Opportunities from Four Continents offers a detailed study of higher education cooperation between the EU and four continents with an examination of the challenges and opportunities. These findings have enabled the development of a new understanding of the internationalisation of higher education.

This volume presents the state of the art with respect to the most important elements of the Bologna process. The reflections on the past are also used to fuel the debate on the next decade.

This title addresses the critical issue of how and why European universities are changing and learning to compete.

The book studies transformations of European universities in the context of globalization and Europeanization, the questioning of the foundations of the «Golden Age» of the Keynesian welfare state, public sector reforms, demographic changes, the massification and diversification of higher education, and the emergence of knowledge economies. Such phenomena as academic entrepreneurialism and diversified channels of knowledge exchange in European universities are linked to transformations of the state and changes in public sector services. The first, contextual part of the book studies the changing state/university relationships, and the second, empirically-informed part draws from several recent large-scale comparative European research projects.