Keywords

Summary



Keywords

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1 . SOCIAL POLICY - COMMON VOCATIONAL TRAINING POLICY - VOCATIONAL TRAINING - MEANING OF TERM - UNIVERSITY STUDIES IN VETERINARY MEDICINE - INCLUDED

( EEC TREATY, ART . 128 )

2 . COMMUNITY LAW - PRINCIPLES - EQUAL TREATMENT - DISCRIMINATION ON GROUNDS OF NATIONALITY - UNIVERSITY STUDIES IN A MEMBER STATE PREPARING FOR A QUALIFICATION FOR AN OCCUPATION - ENROLMENT FEE OR "MINERVAL" PAYABLE ONLY BY NATIONALS OF OTHER MEMBER STATES - PROHIBITION - PRELIMINARY RULING - INTERPRETATION NOT APPLICABLE TO APPLICATIONS FOR ADMISSION TO UNIVERSITY PRIOR TO DELIVERY OF JUDGMENT

( EEC TREATY, ARTS 7 AND 177 )

3 . REFERENCES FOR A PRELIMINARY RULING - INTERPRETATION - EFFECT RATIONE TEMPORIS OF JUDGMENTS INTERPRETING COMMUNITY LAW - RETROACTIVE EFFECT - LIMITS - LEGAL CERTAINTY - DISCRETION OF THE COURT

( EEC TREATY, ART . 177 )

Summary

1 . ANY FORM OF EDUCATION WHICH PREPARES FOR A QUALIFICATION FOR A PARTICULAR PROFESSION, TRADE OR EMPLOYMENT OR PROVIDES THE NECESSARY TRAINING AND SKILLS THEREFOR IS VOCATIONAL TRAINING AND THUS, IN SO FAR AS THE CONDITIONS OF ACCESS TO SUCH TRAINING IS CONCERNED, FALLS WITHIN THE SCOPE OF THE TREATY . UNIVERSITY STUDIES CONSTITUTE VOCATIONAL TRAINING NOT ONLY WHERE THE FINAL ACADEMIC EXAMINATION DIRECTLY PROVIDES THE REQUIRED QUALIFICATION FOR A PARTICULAR PROFESSION, TRADE OR EMPLOYMENT BUT ALSO IN SO FAR AS THE STUDIES IN QUESTION PROVIDE SPECIFIC TRAINING AND SKILLS NEEDED BY THE STUDENT FOR THE PURSUIT OF A PROFESSION, TRADE OR EMPLOYMENT, EVEN IF NO LEGISLATIVE OR ADMINISTRATIVE PROVISIONS MAKE THE ACQUISITION OF THAT KNOWLEDGE A PREREQUISITE FOR THAT PURPOSE . THE TERM "VOCATIONAL TRAINING" THEREFORE INCLUDES UNIVERSITY STUDIES IN VETERINARY MEDICINE .

2 . THE IMPOSITION ON STUDENTS WHO ARE NATIONALS OF OTHER MEMBER STATES OF A CHARGE, REGISTRATION FEE OR "MINERVAL" AS A CONDITION OF ACCESS TO UNIVERSITY STUDIES PREPARING FOR A QUALIFICATION FOR A PARTICULAR PROFESSION, TRADE OR EMPLOYMENT, WHERE THE SAME FEE IS NOT IMPOSED ON STUDENTS WHO ARE NATIONALS OF THE HOST STATE, CONSTITUTES DISCRIMINATION ON GROUNDS OF NATIONALITY CONTRARY TO ARTICLE 7 OF THE TREATY .

HOWEVER, SINCE IT IS ONLY ON THE BASIS OF THE GRADUAL DEVELOPMENT OF THE COMMON VOCATIONAL TRAINING POLICY REFERRED TO IN ARTICLE 128 OF THE TREATY THAT IT HAS BECOME POSSIBLE TO INCLUDE SUCH UNIVERSITY STUDIES WITHIN THE SCOPE OF THE TERM "VOCATIONAL TRAINING" FOR THE PURPOSES OF COMMUNITY LAW ( AND INASMUCH AS THAT DEVELOPMENT IS REFLECTED IN THE CONDUCT OF THE COMMISSION, WHOSE ATTITUDE MIGHT REASONABLY HAVE LED THE AUTHORITIES CONCERNED TO CONSIDER THAT NATIONAL LEGISLATION PROVIDING FOR DISCRIMINATION IN THE CONDITIONS OF ACCESS TO UNIVERSITY STUDIES WAS IN CONFORMITY WITH COMMUNITY LAW ) PRESSING CONSIDERATIONS OF LEGAL CERTAINTY PRECLUDE ANY REOPENING OF THE QUESTION OF PAST LEGAL RELATIONSHIPS WHICH WOULD RETROACTIVELY THROW THE FINANCING OF UNIVERSITY EDUCATION INTO CONFUSION AND MIGHT HAVE UNFORESEEABLE CONSEQUENCES FOR THE PROPER FUNCTIONING OF UNIVERSITIES .

CONSEQUENTLY, IN SO FAR AS ACCESS TO UNIVERSITY STUDIES IS CONCERNED THE DIRECT EFFECT OF ARTICLE 7 OF THE TREATY MAY NOT BE RELIED ON IN SUPPORT OF CLAIMS REGARDING SUPPLEMENTARY ENROLMENT FEES IMPROPERLY CHARGED PRIOR TO THE DATE OF A JUDGMENT RULING, IN PRELIMINARY REFERENCE PROCEEDINGS, THAT COMMUNITY LAW IS APPLICABLE TO THE CONDITIONS OF ACCESS TO UNIVERSITY STUDIES, EXCEPT IN RESPECT OF STUDENTS WHO BROUGHT LEGAL PROCEEDINGS OR SUBMITTED AN EQUIVALENT CLAIM BEFORE THAT DATE .

3 . THE INTERPRETATION WHICH, IN THE EXERCISE OF THE JURISDICTION CONFERRED ON IT BY ARTICLE 177 OF THE TREATY, THE COURT GIVES TO A RULE OF COMMUNITY LAW CLARIFIES AND DEFINES WHERE NECESSARY THE MEANING AND SCOPE OF THAT RULE AS IT MUST BE OR OUGHT TO HAVE BEEN UNDERSTOOD AND APPLIED FROM THE TIME OF ITS COMING INTO FORCE . IT FOLLOWS THAT THE RULE AS THUS INTERPRETED MAY, AND MUST, BE APPLIED BY THE COURTS EVEN TO LEGAL RELATIONSHIPS ARISING AND ESTABLISHED BEFORE THE JUDGMENT RULING ON THE REQUEST FOR INTERPRETATION, PROVIDED THAT IN OTHER RESPECTS THE CONDITIONS FOR AN ACTION RELATING TO THE APPLICATION OF THAT RULE BEFORE THE COMPETENT COURTS ARE SATISFIED .

IT IS ONLY EXCEPTIONALLY THAT THE COURT MAY, IN APPLICATION OF THE GENERAL PRINCIPLE OF LEGAL CERTAINTY INHERENT IN THE COMMUNITY LEGAL ORDER, BE MOVED TO RESTRICT FOR ANY PERSON CONCERNED THE OPPORTUNITY OF RELYING UPON THE PROVISION AS THUS INTERPRETED WITH A VIEW TO CALLING IN QUESTION LEGAL RELATIONSHIPS ESTABLISHED IN GOOD FAITH . IT MUST BE BORNE IN MIND IN THAT REGARD THAT ALTHOUGH THE PRACTICAL CONSEQUENCES OF ANY JUDICIAL DECISION MUST BE WEIGHED CAREFULLY, THE COURT CANNOT GO SO FAR AS TO DIMINISH THE OBJECTIVITY OF THE LAW AND COMPROMISE ITS FUTURE APPLICATION ON THE GROUND OF THE POSSIBLE REPERCUSSIONS WHICH MIGHT RESULT, AS REGARDS THE PAST, FROM A JUDICIAL DECISION .