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Publishers Abstract:
This article considers one of the major barriers to educational movement identified in a 1996 Green Paper: who actually pays for migrant studies? As we shall see, Community law plays an important role in apportioning responsibility for covering the relevant costs between three main actors: the host State, the home State, and the student. This process of apportionment involves familiar substantive policy dilemmas about how far Member States should be expected to finance economically inactive Community nationals who wish to pursue cross-border studies; as well, of course, as doctrinal issues such as consistency in the application of the legal principles governing the exercise by Union citizens of their free movement and equal treatment rights. But the question 'who pays?' also raises controversial institutional questions about the respective roles of the Community legislature and the Court of Justice, when it comes to defining the Union's current approach to educational mobility; together with difficult issues about the appropriate balance to be struck between supranational intervention and respect for national autonomy, in a sensitive field where policy change through voluntary (and indeed intergovernmental) cooperation seems to hold sway.
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