Commission refers Hungary to the European Court of Justice of the EU over the Higher Education Law

Author (Corporate)
Series Title
Series Details IP/17/5004 (07.12.17)
Publication Date 07/12/2017
Content Type

Further information:

The Commission made this referral on the grounds that the law as amended was not compatible with the freedom for higher education institutions to provide services and establish themselves anywhere in the EU.

In addition, the Commission also argued that the legislation runs counter to the right of academic freedom, the right to education and the freedom to conduct a business as provided by the Charter of Fundamental Rights of the European Union and the Union's legal obligations under international trade law.

Background information:

The Hungarian Parliament adopted on 4 April 2017 an amendment to the country's Higher Education Act of 2011. The changes added new requirements as regards the name of foreign higher education institutions, the need for bilateral agreements between Hungary and a non-EEA country of origin of the foreign higher education institution, the need to provide higher education services also in the country of origin as well as additional requirements for the registration and authorisation of higher education services in Hungary.

On 26 April, the European Commission followed up on its 12 April discussion on legal and fundamental values issues related to Hungary. The Commission decided to take legal action and sent a letter of formal notice to the Hungarian Government on the Hungarian Higher Education Law. The second stage of the infringement procedure was activated in July 2017 following a reply from Hungarian authorities on 25 May, seen as insufficient by the Commission.

The European Commission decided to refer Hungary to the Court of Justice of the European Union on the grounds that its Higher Education Law as amended in April 2017 disproportionally restricts EU and non-EU universities in their operations.

Source Link Link to Main Source http://europa.eu/rapid/press-release_IP-17-5004_en.htm
Related Links
The Guardian, 07.12.17: EU takes Hungary to ECJ over crackdown 'aimed at George Soros' https://www.theguardian.com/world/2017/dec/07/eu-hungary-court-crackdown-george-soros

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