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Author: Sacha Garben
Publisher: Kluwer Law International B.V.
ISBN: 9041133658
Category : Law
Languages : en
Pages : 298
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Book Description
In March 2010, the European Higher Education Area was officially launched, proclaiming the culmination of a ten-year timeframe projected at Bologna in 1999, when the education ministers of 29 European states signed a declaration that would fundamentally influence the future of their higher education systems. Forty-seven countries, including all EU Member States and other countries as far afield as Kazakhstan, now take part in the so-called 'Bologna Process'. Remarkably, this vast enterprise, which has led to rapid and sweeping changes in almost all higher education systems in Europe, has taken place outside the framework of the European Union and the Council of Europe. In fact, as this important legal analysis shows, it appears that with the Bologna Process the Member States have tried to sidestep the EU's growing influence on higher education. Although the Bologna Process has generated an impressive literature addressing what it might mean, where it suddenly came from, and how it has become so powerful, until now the legal implications of the process, and its tense relationship with EU law, have been left almost entirely unexamined. This work fills that gap. Among the often controversial issues raised are the following: ; avoidance of the democratically legitimate procedures of the EU's institutional framework for cultural reasons connected with state sovereignty; the scope of EU legal competence for various kinds of activities in the educational sector; specific areas of overlap between EU law and the Bologna Process and their implications; voluntary intergovernmental cooperation as a paradigmatic global shift of internationalization policies in education; the idea that the university is being redefined, from a social institution to an industry; the increasingly influential role in the process, by means of funding and coordination, of the European Commission; financial support programmes and devices to enhance credit and degree recognition; students as recipients of services; and teachers and the free movement of workers. The author describes how the scope of the Bologna Process was significantly broadened during a series of meetings during the decade, analyses the relevance of the case law of the European Court of Justice and provides a detailed description of the adoption of the process into the national laws of France, Germany and the United Kingdom. A concluding normative assessment scrutinizes the process on the basis of democracy, transparency and accountability. As the first study of the legitimacy of Bologna from a European law perspective - and by extension of the 'Europeanization' of higher education, including the role of the EU, EU law, and law in general - this is a critically important contribution to a contentious debate that clearly holds great significance for the future of law and society. Educators and education policymakers are sure to read and study it with interest.
Author: Sacha Garben
Publisher: Kluwer Law International B.V.
ISBN: 9041133658
Category : Law
Languages : en
Pages : 298
Get Book
Book Description
In March 2010, the European Higher Education Area was officially launched, proclaiming the culmination of a ten-year timeframe projected at Bologna in 1999, when the education ministers of 29 European states signed a declaration that would fundamentally influence the future of their higher education systems. Forty-seven countries, including all EU Member States and other countries as far afield as Kazakhstan, now take part in the so-called 'Bologna Process'. Remarkably, this vast enterprise, which has led to rapid and sweeping changes in almost all higher education systems in Europe, has taken place outside the framework of the European Union and the Council of Europe. In fact, as this important legal analysis shows, it appears that with the Bologna Process the Member States have tried to sidestep the EU's growing influence on higher education. Although the Bologna Process has generated an impressive literature addressing what it might mean, where it suddenly came from, and how it has become so powerful, until now the legal implications of the process, and its tense relationship with EU law, have been left almost entirely unexamined. This work fills that gap. Among the often controversial issues raised are the following: ; avoidance of the democratically legitimate procedures of the EU's institutional framework for cultural reasons connected with state sovereignty; the scope of EU legal competence for various kinds of activities in the educational sector; specific areas of overlap between EU law and the Bologna Process and their implications; voluntary intergovernmental cooperation as a paradigmatic global shift of internationalization policies in education; the idea that the university is being redefined, from a social institution to an industry; the increasingly influential role in the process, by means of funding and coordination, of the European Commission; financial support programmes and devices to enhance credit and degree recognition; students as recipients of services; and teachers and the free movement of workers. The author describes how the scope of the Bologna Process was significantly broadened during a series of meetings during the decade, analyses the relevance of the case law of the European Court of Justice and provides a detailed description of the adoption of the process into the national laws of France, Germany and the United Kingdom. A concluding normative assessment scrutinizes the process on the basis of democracy, transparency and accountability. As the first study of the legitimacy of Bologna from a European law perspective - and by extension of the 'Europeanization' of higher education, including the role of the EU, EU law, and law in general - this is a critically important contribution to a contentious debate that clearly holds great significance for the future of law and society. Educators and education policymakers are sure to read and study it with interest.
Author: Mark Dawson
Publisher: Cambridge University Press
ISBN: 1108875300
Category : Law
Languages : en
Pages : 275
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Book Description
What is the EU for? In light of the current state of European integration, EU law cannot meaningfully be appreciated without understanding the political, social and cultural context within which it operates. This textbook proposes a fresh, accessible and interdisciplinary take on the subject that is suitable for one-semester and introductory courses wishing to engage the reader with the wider context of the EU project. It situates the institutions, legal order and central policy domains of the EU in their context and offer students the tools to critically analyse and reflect on European integration and its consequences. With pedagogical features such as further reading, class questions and essay/exams questions to support learning, this textbook enables students to form their own informed opinion on whether the EU offers an appropriate answer to the many questions that it is asked.
Author: Voldemar Tomusk
Publisher: Springer Science & Business Media
ISBN: 1402046162
Category : Education
Languages : en
Pages : 316
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Book Description
Since 1999 European higher education has been engaged in the most radical reform of its 900 years of history. This volume brings together a group of higher education researchers across Europe and looks into the implementation of the Bologna Process in the countries often attributed a peripheral status. In addition to cultural and political issues, the volume pays particular attention to the role of students as well as the changing position of the intellectuals under its impact.
Author: Andrea Gideon
Publisher: Springer
ISBN: 946265168X
Category : Law
Languages : en
Pages : 272
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Book Description
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.
Author: Adrian Curaj
Publisher: Springer
ISBN: 3319208772
Category : Education
Languages : en
Pages : 898
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Book Description
Bridging the gap between higher education research and policy making was always a challenge, but the recent calls for more evidence-based policies have opened a window of unprecedented opportunity for researchers to bring more contributions to shaping the future of the European Higher Education Area (EHEA). Encouraged by the success of the 2011 first edition, Romania and Armenia have organised a 2nd edition of the Future of Higher Education – Bologna Process Researchers’ Conference (FOHE-BPRC) in November 2014, with the support of the Italian Presidency of the European Union and as part of the official EHEA agenda. Reuniting over 170 researchers from more than 30 countries, the event was a forum to debate the trends and challenges faced by higher education today and look at the future of European cooperation in higher education. The research volumes offer unique insights regarding the state of affairs of European higher education and research, as well as forward-looking policy proposals. More than 50 articles focus on essential themes in higher education: Internationalization of higher education; Financing and governance; Excellence and the diversification of missions; Teaching, learning and student engagement; Equity and the social dimension of higher education; Education, research and innovation; Quality assurance, The impacts of the Bologna Process on the EHEA and beyond and Evidence-based policies in higher education. "The Bologna process was launched at a time of great optimism about the future of the European project – to which, of course, the reform of higher education across the continent has made a major contribution. Today, for the present, that optimism has faded as economic troubles have accumulated in the Euro-zone, political tensions have been increased on issues such as immigration and armed conflict has broken out in Ukraine. There is clearly a risk that, against this troubled background, the Bologna process itself may falter. There are already signs that it has been downgraded in some countries with evidence of political withdrawal. All the more reason for the voice of higher education researchers to be heard. Since the first conference they have established themselves as powerful stakeholders in the development of the EHEA, who are helping to maintain the momentum of the Bologna process. Their pivotal role has been strengthened by the second Bucharest conference." Peter Scott, Institute of Education, London (General Rapporteur of the FOHE-BPRC first edition)
Author: Manja Klemenčič
Publisher: Council of Europe
ISBN: 9287181179
Category : Political Science
Languages : en
Pages : 396
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Book Description
Democratic institutions and laws are essential, but they cannot bring about democracy on their own. They will only function if they build on a culture of democracy, and our societies will not be able to develop and sustain such a culture unless education plays an essential role. Student engagement is crucial: democracy cannot be taught unless it is practised within institutions, among students and in relations between higher education and society in general. This 20th volume of the Council of Europe Higher Education Series demonstrates the importance of student engagement for the development and maintenance of the democratic culture that enables democratic institutions and laws to function in practice. This volume covers three aspects of student engagement that are seldom explored: its role in society through political participation and civic involvement; its place in higher education policy processes and policy-making structures; and how student unions represent the most institutionalised form of student engagement. The authors are accomplished scholars, policy makers, students and student leaders.
Author: Alexander Hoogenboom
Publisher: Martinus Nijhoff Publishers
ISBN: 9004344454
Category : Law
Languages : en
Pages : 403
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Book Description
Traditionally viewed as a positive phenomenon, student mobility has recently come under critical scrutiny as a result of the financial crisis pushing European solidarity to its breaking point, and the fear of excessive EU incursion into the autonomy of Member States with respect to their higher education systems. In Balancing Student Mobility Rights and National Higher Education Autonomy in the European Union , Alexander Hoogenboom contributes to the ongoing and evolving debate from a legal perspective. The book offers recommendations with a view to reconcile the mobility rights of Union citizens for study purposes and the need to respect Member State autonomy in the organisation of their higher education systems. The argument made suggests rethinking established principles in EU free movement law while encouraging greater EU involvement in student funding opportunities.
Author: Roel J. in 't Veld
Publisher: BRILL
ISBN: 9004639225
Category : Law
Languages : en
Pages : 339
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Book Description
Higher education legislation is frequently changed by policy makers, who are acutely conscious that specific changes have repercussions through the law of general applicability, and eventually may alter and revise fundamental societal concepts. However, normative systems are complex, and the impact and direction of legal and social repercussions are neither always intended, nor are they easily foreseen. It is the purpose of this book to identify the chosen directions, and to contribute to the further development of issues in the higher education and research sector and to trace beginnings of new trends. This volume is intended to appeal to the reader's personal, practical perspective to help generate the creativity and inspiration needed in order to maintain the equilibrium between consolidation and change. In the Council of Europe, much thought has been given to these problems in recent years. The Higher Education and Research Committee (CC-HER), previously known as the Standing Conference of University Problems (CC-PU), has established a Legislation Reform Programme for Higher Education (LRP). The Programme is intended to give effective support to the process of legislative reform in higher education, particularly, but not exclusively, in the new member states in central and eastern Europe. To promote dissemination of experience acquired throughout Europe and as a complement to its ongoing advisory and multilateral activities, the Programme's Steering Group has decided to publish a series entitled `Legislating for Higher Education and Research in Europe'. The first volume of this series, Relations between State and Higher Education, is hereby presented to the general public. Relations between State and Higher Education has been compiled in close co-operation with States Parties to the European Cultural Convention. It seeks, as will subsequent volumes, to identify core issues which countries may need to confront in their legislations, and offers examples of good practice.
Author: Iyiola Solanke
Publisher: Cambridge University Press
ISBN: 1108831893
Category : Law
Languages : en
Pages : 703
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Book Description
Provides up-to-date, accessible, and intellectually sophisticated insights on EU Law using real-life examples and current case studies.
Author: Robert Schütze
Publisher: Cambridge University Press
ISBN: 1108674690
Category : Law
Languages : en
Pages :
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Book Description
This fully updated text is a collection of the essential primary and secondary law of the European Union that quickly and effectively guides students to the material they need during exams and lectures. Part I contains the European Union's primary law in consolidated form. Part II offers a selection of the essential pieces of European Union legislation in five core areas of particular importance to undergraduate and graduate studies, namely: the EU institutions, the internal market, competition law, social policy and consumer protection. Lisbon numbering is used throughout, and colour-coded content will facilitate easy navigation. An annex contains all relevant UK statutes - from the 1972 European Communities Act to the 2017 European Union (Withdrawal) Bill. This update takes Brexit into account, with a new section providing an overview of the Brexit relevant British statutes.
