Student loans: the European concept of social justice according to Bidar

Abstract:

In the Bidar judgment the Court of Justice created new educational rights for students who pursue their studies in another Member State by bringing student loans within the scope of Community law. On the basis of the analysis of this seminal judgment, this article claims that a new Community concept of social justice with respect to financial support in education is still under construction and, unfortunately, is not without its flaws. The article begins with an overview of the socio-economic backdrop of financial support for students. Further, the paper focuses on two essential elements of balancing the legitimate interests of Union citizens and the Member States: the concepts of "genuine link" and "unreasonable burden". In this connection, it scrutinises the discrepancies between the approach to social solidarity in Bidar and in Directive 2004/38. Finally, the article examines the financial implications of Bidar, in particular, the problem of returnability of student loans.