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The Position of Higher Education Institutions in a Changing European Context: An EU Law Perspective

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  • Andrea Gideon

Abstract

The article analyses an enigma of EU higher education institution (HEI) policy; while Member States are reluctant to use the ‘Community Method’ to actively shape a supranational legal framework, their national policy choices remain subject to directly effective EU law, following the Court's tendency to let it spill over into any policy field. This unidirectional legal integration can have unintended consequences on HEIs' research and educational strategies, which may ultimately drive the sector towards more commercialisation. The article, first, sets out the conceptual framework. Its main part is then dedicated to analysing the tendency of directly applicable EU law to assert influences on education and research, the main areas of activities of HEIs, which have been largely kept out of the supranational EU hard law framework.

Suggested Citation

  • Andrea Gideon, 2015. "The Position of Higher Education Institutions in a Changing European Context: An EU Law Perspective," Journal of Common Market Studies, Wiley Blackwell, vol. 53(5), pages 1045-1060, September.
    • Handle: RePEc:bla:jcmkts:v:53:y:2015:i:5:p:1045-1060
    DOI: 10.1111/jcms.12235
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    References listed on IDEAS

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    1. Robert A. Jones, 2001. "The Politics and Economics of the European Union, Second Edition," Books, Edward Elgar Publishing, number 1801.
    2. Sacha Garben, 2012. "The Future of Higher Education in Europe: The Case for a Stronger Base in EU Law," LEQS – LSE 'Europe in Question' Discussion Paper Series 50, European Institute, LSE.
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    4. Sacha Garben, 2012. "The Future of Higher Education in Europe: The Case for a Stronger Base in EU Law," Europe in Question Discussion Paper Series of the London School of Economics (LEQs) 0, London School of Economics / European Institute.
    5. John C. Scott, 2006. "The Mission of the University: Medieval to Postmodern Transformations," The Journal of Higher Education, Taylor & Francis Journals, vol. 77(1), pages 1-39, January.
    6. Marianne Paasi, 2010. "European Research Area (ERA) from the Innovation Perspective: Knowledge Spillovers, Cost of Inventing and Voluntary Cooperation," RSCAS Working Papers 2010/40, European University Institute.
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