COMMISSION STAFF WORKING DOCUMENT Youth on the Move: A Guide to the Rights of Mobile Students in the European Union   Accompanying document to the  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS  Youth on the Move An initiative to unleash the potential of young people to achieve smart, sustainable and inclusive growth in the European Union    {COM(2010) 477 final}
Date: 2010-09-15
Institutions: European Commission
Subjects: education, education policy, knowledge economy, student mobility, teaching quality, young person, youth policy

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EUROPEAN COMMISSION 

Brussels, 15.9.2010 
SEC(2010) 1047 

COMMISSION STAFF WORKING DOCUMENT 

Youth on the Move: A Guide to the Rights of Mobile Students in the European 
Union 

Accompanying document to the 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

Youth on the Move 
An initiative to unleash the potential of young people to achieve smart, sustainable and 
inclusive growth in the European Union 

{COM(2010) 477 final} 

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1. 

INTRODUCTION 

1.1. 

Context and objectives 

A European Union policy to promote learning mobility 

Travelling to another EU country to study ('learning mobility') is one of the fundamental ways 
in  which  young  people  can  boost  their  personal  development  as  well  as  their  future  job 
opportunities.  Learning  mobility  also  benefits  the  EU  as  a  whole:  it  fosters  a  sense  of 
European identity; it helps knowledge circulate more freely; and it contributes to the internal 
market,  as  Europeans  who  are  mobile  as  young  learners  are  more  likely  to  be  mobile  as 
workers later in life.  

The  Commission  has  promoted  learning  mobility  for  many  decades.  The  Erasmus 
Programme, launched in the 1980s and now part of the EU's Lifelong Learning Programme, 
has  been  supporting  student  and  academic  exchange  and  knowledge  transfer  between 
institutions  for  over  twenty  years,  and  the  feedback  from  students  confirms  the  positive 
impact of learning mobility. The Commission is also an active partner in the Bologna Process, 
an agreement among 47 countries to create a European Higher Education Area.  

The  Commission's  Europe  2020  Strategy,  which  charts  the  path  for  the  EU  for  the  next 
decade, also prioritises learning mobility as a means of raising the skills of individuals and of 
the  Union  as  a  whole.  This  paper  forms  part  of  one  of  Europe  2020's  flagship  initiatives, 
Youth  on  the  Move.  The  goal  of  Youth  on  the  Move  is  to  enhance  the  performance  and 
international  attractiveness  of  Europe's  higher  education  institutions  and  raise  the  overall 
quality of all levels of education and training in the EU inter alia by giving all young people 
in Europe the chance to spend a part of their educational pathway in another Member State. 

Given  the  primary  responsibility  of  Member  States  for  education  and  training,  the  EU  does 
not have the power to enact binding legislation in education. The rules are generally based on 
Treaty  provisions  interpreted  by  court  decisions,  and  thus,  the  rights  of  students  have 
developed and broadened progressively over time. Since this process is ongoing and many of 
the  decisions  are  relatively  recent,  the  rights  of  mobile  students  are  not  always  clear.  The 
Commission  receives  a  number  of  complaints  and  queries  from  citizens  who  are  unsure  of 
their  rights  or  who  are  encountering  difficulties  having  their  academic  qualifications 
recognised.  

The paper aims to summarise and set out the Commission's interpretation  of the  law  in this 
area, as a guide for Member States, universities and other stakeholders, and to inform young 
people  so  that  they  may  be  aware  of  their  rights,  and  therefore  better  prepared  for  a  study 
period abroad.  

The Commission has also announced, in its 2010 multi-annual work programme1, its intention 
to issue a Communication on Citizenship identifying the broader range of obstacles that may 
prevent  citizens  from  fully  exercising  their  rights  as  Union  citizens,  and  outlining  the 
solutions envisaged by the Commission. 

1 

COM(2010) 135. 

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Students' rights to study abroad within the EU  

The Treaty2 itself ensures the right of all European citizens to move between Member States – 
subject  to  certain  limitations  laid  down  in  the  Treaty  and  in  legislation.  Originally,  the 
European Community3 did not have any specific powers in the area of education, other than in 
vocational  training,  so  rights  in  this  area  existed  only  insofar  as  they  contributed  to  the 
economic  goals  of  the  European  Community.  On  those  grounds,  EU  migrant  workers  and 
their  family  members  were  entitled  to  the  same  social  advantages  as  nationals  of  the  host 
Member State, including those in the area of education.  

The Court of Justice of the European Union interpreted the Treaty provisions on vocational 
training  to  create  rights  for  mobile  EU  students.  In  its  Gravier  judgment,  it  decided  that 
students from other EU countries should have access to a Member State's vocational training 
courses  on  equal  terms  with  its  own  nationals,  on  the  basis  that  this  improved  people's 
chances on the local labour market.  

The  Treaty  of  Maastricht  (1993)  brought  two  important  changes  which  significantly 
broadened  the  scope  of  the  rights  guaranteed  under  EU  law:  the  introduction  of  specific 
powers for the European Union in the area of education; and the establishment of European 
citizenship.  

These Treaty provisions have been interpreted by the Court of Justice to cover the rights of 
free  movement  and  non-discrimination  among  Europeans,  simply  because  of  their  status  as 
citizens (and by extension, as students) regardless of whether they are 'economically active'. 
National governments remain responsible for the content and organisation of their education 
systems.  However,  this  responsibility  must  still  be  exercised  in  conformity  with  European 
Union law. This means that EU nationals should not be discriminated against in access to any 
course of education, even if it is not directly linked to the later practice of a profession.  

1.2. 

Scope 

The  paper  concentrates  on  mobility  for  higher  education  and  vocational  training,  as  this  is 
where  most  mobility  occurs  and  the  area  where,  in  practice,  issues  tend  to  arise,  although 
many of the rules also apply to education in general. The structure follows the pathway of a 
student  who  decides  to  go  abroad  to  study  and  examines  the  obstacles  they  may  encounter 
before, during and after a mobility period, from applying for admission to the host institution 
to their stay in the host Member State and finally in using the qualifications they have gained. 
It looks at how rights to non-discrimination and free movement, in primary and secondary law 
and in the case law of the Court of Justice, affect the treatment of students both by the country 
where  they  are  studying  and  by  their  own  country,  with  regard  to  access  to  education, 
financial assistance and other benefits, and recognition of diplomas.  

The paper does not examine the question of the recognition of qualifications for professional 
purposes,  which  is  regulated  by  a  separate  legal  framework  under  the  European  Parliament 
and  Council  Directive  2005/36/EC,  referring  to  this  only  when  there  is  an  impact  on 
recognition for academic purposes.  

2 
3 

Relevant Treaty articles are included in Annex III. 
Renamed  'European  Union'  by  the  Treaty  on  the  Functioning  of  the  European  Union  as  from  1 
December 2009. 

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2. 

ACCESS TO EDUCATION 

2.1. 

The right to free movement 

The first question for any student or trainee planning to travel to another EU country to study 
is the issue  of  whether, in fact,  they have the right to do so, as citizens  of  another Member 
State. 

Union law is clear on this point: EU students have the right to free movement in all Member 
States:  they  may  not  be  refused  access  to  education  or  training  in  another  EU  country  on 
account of their nationality. 

The  grounds  for  establishing  students'  right  to  free  movement  have  evolved  over  time. 
European  Union  powers  in  education  -  including  the  EU's  role  of  encouraging  learning 
mobility  -  were  initially,  in  the  Treaty  establishing  the  European  Community,  limited  to 
vocational training (then Article 128 EEC). However, once the Court of Justice began to hear 
individual cases of discrimination in access to vocational training and general education from 
the early 1980s, the right of a student, whether in general, vocational or university education, 
to  move  freely  throughout  the  Union  for  study  purposes  was  affirmed  progressively  by 
various court judgments. 

•  In  its  Forcheri  decision4,  the  Court  held  that  it  is  discriminatory  for  a  Member  State  to 
charge  enrolment  fees  for  vocational  training  courses  to  a  national  of  another  Member 
State (in this instance, the wife of a worker in the first Member State) if its own nationals 
are exempt from these fees.  

•  In  the  landmark  Gravier  decision5,  the  Court  held  that  although  educational  organisation 
and  policy  were  not  as  such  entrusted  to  the  Community  institutions  by  the  Treaty,  the 
conditions of access to vocational training (according to the Court, any form of education 
which prepares for a profession, trade or employment) fell within the scope of the Treaty. 
This was the case even though the student concerned had migrated purely for the purposes 
of study. 

•  In  the  Blaizot  decision6,  the  Court  confirmed  that  higher  education  and  university 

education came under the umbrella of vocational training. 

The Maastricht Treaty took two further steps forward. It extended the remit of EU action on 
education – giving the EU the role of encouraging cooperation between the Member States in 
education;  and  of  encouraging  mobility  of  students  and  teachers7.  And  it  introduced  the 
concept  of  European  citizenship  –  all  Member  State  nationals  are  EU  citizens,  with  the 
freedom to move and reside anywhere in the Union8.  

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Judgment of the Court of 13 July 1983, Forcheri, Case 152/82, ECR 1983 02323. 
Judgment of the Court of 13 February 1985, Gravier, Case 293/83, ECR 1985 00593. 
Judgment of the Court of 2 February 1988, Blaizot, Case 24/86, ECR 1988 00379. 
Then  Article  126  TEC;  now  Article  165  of  the  Treaty  on  the  Functioning  of  the  European  Union 
(TFEU). 
See Articles 20 and 21 TFEU. 

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2.2. 

Obstacles to free movement – direct and indirect discrimination 

EU citizenship not only includes the freedom to move and reside anywhere in the Union; it 
also means that everyone should be treated the same, irrespective of their nationality. These 
rights have been underlined by the Court of Justice over the years, in cases where EU students 
studying, or wanting to study, in another EU country have been met with obstacles that run 
counter to the principle of equal treatment. 

•  In  the  Grzelczyk  decision9,  the  Court  said  that  Union  citizenship  is  destined  to  be  the 
fundamental  status  of  nationals  of  the  Member  States.  Therefore,  a  French  national  who 
was  studying  in  Belgium  could  not  be  refused,  purely  on  the  basis  of  his  nationality,  a 
minimum subsistence allowance, to which all Belgians were entitled. 

The  Treaty  explicitly  prohibits  discrimination  on  grounds  of  nationality  within  the  scope  of 
the  Treaty  (Article  18  TFEU).  Direct  discrimination  occurs  where  people  are  treated 
differently on the basis of their nationality, or on the basis of a characteristic which cannot be 
separated from their nationality. This kind of discrimination can only be justified on the basis 
of explicit derogations  from  the  Treaty. Any derogations are  interpreted very strictly by the 
Court of Justice, since discrimination on grounds of nationality is contrary to the fundamental 
principles of the EU. 

Indirect discrimination occurs where some other criterion is applied but with the result that a 
substantially higher proportion of one nationality is affected. For example, a measure which 
distinguishes between people on the grounds of whether they have their residence in a given 
Member State is likely to have a negative effect on nationals of other Member States, since 
non-residents are, in the majority of cases, foreigners. 

Treating  people  differently  on  these  grounds  can  only  be  justified  if  the  Member  State  can 
show  that  it  is  based  on  objective  considerations  independent  of  nationality,  and  that  it  is 
proportionate  to  the  legitimate  aims  in  question  –  it  cannot  go  beyond  what  is  strictly 
necessary for that purpose. 

•  In  the  Bressol  decision10  the  Court  held  that  setting  a  quota  of  30%  for  non-resident 
students  in  certain  courses  of  study  indirectly  discriminated  against  nationals  from  other 
Member States. Since any such restriction on access imperils the fundamental right to free 
movement,  the  Court's  interpretation  is  very  strict.  The  only  ground  that  the  Court  has 
accepted for such discrimination is the need to protect public health; but the Member State 
would have to prove – via an objective, detailed analysis supported by solid and consistent 
data – that public health was in danger and that the restrictive measures were a necessary 
and proportionate way of protecting it. 

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10 

Judgment of the Court of 20 September 2001, Grzelczyk, Case C-184/99 ECR 2002 I-00663 
'Union citizenship is destined to be the fundamental status of nationals of the Member States, enabling 
those who find themselves in the same situation to enjoy the same treatment in law irrespective of their 
nationality, subject to such exceptions as are expressly provided for' (paragraph 31). 
Judgment of the Court of 13th April 2010, Bressol, Case C-73/08. 

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2.3. 

Residence rights for students 

In order for students to take up their study place abroad, they must of course feel confident 
that they have a right to residence in the EU country concerned. Thanks to the clear regulatory 
framework that exists, in practice EU students have few problems in this area.  

•  Following  on  from  the  Court  rulings  on  students'  right  to  equal  treatment  in  access  to 
education, the Court also found in the Raulin case that a student's right to access included 
the right to residence in another Member State for the purposes of studying11. 

It  is  as  EU  citizens  that  students  –  and  their  families  –  have  the  right  to  move  and  reside 
anywhere  in  the  Union.  These  rights  are  set  out  in  Directive  2004/38/EC  (on  the  rights  of 
citizens of the Union and their family members to move and reside freely within the territory 
of the Member States)12. 

EU students 

Any  EU  student  has  a  right  to  enter  another  EU  country  and  to  stay  there  for  up  to  three 
months, provided they hold a valid identity card or passport. 

Any EU student has the right to stay in another Member State for longer than three months, 
once they fulfil certain conditions. They must: 

•  be enrolled in a course of study at an educational establishment, whether private or public, 

accredited or financed by the host Member State 

•  have comprehensive sickness insurance cover in the host Member State, and must inform 

the relevant national authority in line with the national rules 

•  have  enough  resources  not  to  become  an  unreasonable  burden  on  the  social  assistance 

system of the host Member State. 

Depending on the Member State, the student may be required to register with the authorities.  

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Judgment of the Court of 26 February 1992, Raulin, Case C-357/89, ECR 1992 I-01027. Following the 
case law establishing the right to equality of treatment regarding the conditions of access to vocational 
training,  higher  education  and  university  education,  the  Court  held  in  the  early  1990's  that  this  right 
applied  not  only  to  the  requirements  laid  down  by  the  educational  establishment  in  question,  such  as 
enrolment fees, but also any measure that may prevent the exercise of that right. The Court decided that 
the principle of non-discrimination with regard to conditions of access to vocational training deriving 
from Articles 18 and 166 TFEU (ex Articles 7 and 128 EEC) implied that a national of a Member State 
who has been admitted to a vocational training course in another Member State enjoys, in this respect, a 
right of residence for the duration of the course. 
Directive  2004/38/EC  of  the  European  Parliament  and  the  Council  of  29  April  2004  on  the  right  of 
citizens  of  the  Union  and  their  family  members  to  move  and  reside  freely  within  the  territory  of  the 
Member States, OJ 2004 L 229, p.35. See Articles 6 and 7 of the Directive. In accordance with Article 
7(4) of this Directive, Member States have the option to limit the family members who have a right to 
join or accompany an EU citizen who move for study purposes to the spouse, the registered partner and 
dependent children. See Annex II for more detail.  

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Like any other EU citizen, a student who has resided legally for a continuous period of five 
years in the host Member State acquires the right to live there permanently and the right to be 
treated exactly the same as local students13. 

In general terms, the members of the student's immediate family have the right to accompany 
him  or  her,  although  different  conditions  apply,  depending  on  whether  the  family  members 
are EU nationals or not. See Annex II for further information on the rights of family members. 

Non-EU students 

Non-EU  students  also  have  the  right  to  travel  to  the  EU  for  study  purposes,  under  certain 
conditions.  Their  situation  is  dealt  with  in  Council  Directive  2004/114/EC14,  which  aims  to 
harmonise national legislation in this area. See Annex II for further information15.  

According  to  the  Directive,  Member  States  must  facilitate  admission  for  non-EU  national 
students taking part in EU mobility programmes16. However, the Commission is concerned in 
certain  cases  about  the  length  of  procedures  for  delivering  visas  to  enter  EU  countries  for 
those  students,  which  has  sometimes  prevented  students  from  benefitting  from  EU 
programmes.  

2.4. 

Tuition fees 

Whether or not tuition fees are charged varies from Member State to Member State. Equally, 
loans or grants to help meet the cost of tuition fees  may  also be  available in some Member 
States. In either case, where either fees or tuition fee loans/grants exist, students from an EU 
country  have  the  same  rights  and/or  obligations  as  local  students  –  both,  to  pay  the  fees 
charged, and to receive a tuition fee loan/grant from the Member State where the student will 
study. 

•  In the Brown decision, a student with French nationality wished to study in Scotland. The 
Scottish authorities refused him a 'student's allowance' comprising the payment by the state 
of his tuition fees. The Court held that the principle of non-discrimination applied where 
the assistance was intended to cover the costs of access to education – so, he was entitled 
to have tuition fees paid on his behalf17.  

This is because a tuition fee loan or grant forms part of the conditions of access to education. 
Therefore, to prevent students studying abroad from having access to such financial support 
would  be  to  discriminate  on  the  grounds  of  nationality,  which  would  run  counter  to  the 
prohibition of such discrimination in the Treaty. 

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15 

16 
17 

See Article 16 of the Directive. 
Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country 
nationals  for  the purposes  of  studies, pupil exchange, unremunerated  training  or voluntary  service.  In 
accordance with the Protocols on the position of the United Kingdom, Ireland and Denmark annexed to 
the Treaty on European Union and to the Treaty establishing the European Community, these Member 
States are not bound by Council Directive 2004/114/EC or subject to its application 
In accordance with Article 21 of the Directive, the Commission is to present a report on the application 
of the Directive this year. 
Article 6(2). 
See ECJ decisions of 21 June 1988, Lair, Case 39/86, ECR 1988 03161, paragraph 16; and Brown, case 
197/86, ECR 1988 03205, paragraph 17. 

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The  rules  on  tuition  fee  loans/grants  are  different  from  maintenance  loans/grants,  which  are 
dealt with in Chapter 3. 

2.5. 

Language requirements 

Students  travelling  abroad  for  study  or  vocational  training  may  have  to  show  knowledge  of 
the host country language, and may have to take a test in order to be accepted by a university 
or higher education institution. 

While a Member State is entitled to stipulate a certain level of language knowledge – whether 
for an individual to practise a profession or to take a course of study – the requirements have 
to be proportionate. In other words, the level of language knowledge that the student has to 
demonstrate should be enough to meet the purpose, but need not go beyond that. 

•  In  the  Angonese  decision18,  a  bank  in  the  German-speaking  region  of  Bolzano  in  Italy 
required all applicants for employment to have a certain certificate proving that they were 
bilingual in German and Italian. The Court said that only allowing proof of language skills 
via  one  particular  certificate  (which  could  only  be  acquired 
in  Bolzano)  was 
disproportionate.  The  Commission  considers  that  the  same  principle  applies  to  language 
tests for access to education.  

2.6. 

Distance learning 

Distance learning is formal learning, where student and instructor are in different geographic 
locations and usually communicate today via ICT. Students do not have to travel physically to 
another country for distance learning; but students wanting to access distance learning from 
another  Member  State  might  still  be  discriminated  against,  either  in  terms  of  access  to 
distance learning, or for the payment of tuition fees. 

There is as yet no case-law covering distance learning. But the Union has a specific objective 
of encouraging distance education (article 165, para 2, sixth indent TFEU)19 which thus brings 
distance learning within the scope of non-discrimination. 

Equal treatment is guaranteed under the Treaty, irrespective of whether the institution offering 
distance learning is commercial (providing a service in return for payment), or not-for-profit. 

A  commercial  institution  offering  distance  learning  across  borders  is  part  of  the  internal 
market. The free movement of services across national borders is one of the 'four freedoms' of 
the  internal  market,  guaranteed  under  Article  56  TFEU20.  Therefore,  a  student  wishing  to 
access for-profit distance learning from any EU Member State has the right to be treated on 
the  same  basis  as  a  local  student,  since  any  difference  in  treatment  would  amount  to  a 
disruption of the internal market. 

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20 

Judgment of the Court of 6 June 2000, Angonese, Case C-281/98, ECR 2000 I-04139. 
"Union action shall be aimed at:…encouraging the development of distance education,…". 
"Article 56 (ex Article 49 TEC). 
Within the framework of the provisions set out below, restrictions on the freedom to provide services 
within the Union shall be prohibited in respect of nationals of Member State who are established in a 
Member State other than that of the person for whom the services are intended. 
The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, 
may extend the provisions of the Chapter to nationals of a third country who provide services and who 
are established within the Union". 

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Cross-border  distance  learning  offered  by  a  not-for-profit  educational  institution  (one 
financed essentially out of public funds) is not a service in this sense. However, as citizens of 
the  EU,  students  who  want  to  access  distance  learning  offered  in  another  Member  State 
cannot be discriminated against on grounds of nationality (Articles 18 and 20 TFEU). Thus 
the  distance  learning  should  be  offered  on  the  same  basis  to  any  student  within  the  EU,  no 
matter what is their Member State of origin. 

3. 

RIGHTS OF STUDENTS IN THE HOST MEMBER STATE 

3.1. 

Eligibility for benefits  

Once  a  student  takes  up  their  study  place  in  another  EU  country,  their  student  status  may 
make  them  eligible  for  certain  benefits  or  for  preferential  access  to  particular  goods  and 
services – for example, reduced-cost public transport or student accommodation.  

Access  to  these  types  of  benefit  was  initially  based  on  the  legislation  for  EU  migrant 
workers21, which was also extended to workers' family members by the Court of Justice. 

However,  with  the  establishment  of  Union  citizenship  under  the  Maastricht  Treaty,  it  is  as 
citizens of the Union, and not just as EU migrant workers, that people now have the right to 
move and reside freely within the territory of Member States22. EU students who are studying 
abroad thus have the same right to access benefits as local students do, except where a benefit 
is expressly exempted from the principle of equal treatment, as in the Directive 2004/38/EC23. 

3.2. 

Differential access to maintenance grants and loans 

Financial help from the home Member State 

Many  Member  States  provide  loans  or  grants  to  help  students  with  their  living  costs 
('maintenance costs') when studying. In some cases students might have access to this type of 
assistance when studying abroad (the principle of 'portability' of grants or loans). Under the 
current  law,  Member  States  are  free  to  decide  whether  to  allow  this.  According  to  the 
Eurydice  network,  few  Member  States  allow  for  full  portability  of  maintenance  aid  in 

21 

22 
23 

Article 7 of Regulation 1612/68 provides that: "1. A worker who is a national of a Member State may 
not, in the territory of another Member State, be treated differently from national workers by reason of 
his  nationality  in  respect  of  any  conditions  of  employment  and  work,  in  particular  as  regards 
remuneration, dismissal, and should he become unemployed, reinstatement or re-employment; 
2. He shall enjoy the same social and tax advantages as national workers". 
Articles 20 and 21 TFEU. 
"Article 24: 
1. Subject to such specific provisions as are expressly provided for in the Treaty and secondary law, all 
Union  citizens  residing  on  the  basis  of  this  Directive  in  the  territory  of  the  host  Member  State  shall 
enjoy  equal  treatment  with  the  nationals  of  that  Member  State  within  the  scope  of  the  Treaty.  The 
benefit of this right shall be extended to family members who are not nationals of a Member State and 
who have the right of residence or permanent residence. 
2.  By  way  of  derogation  from  paragraph  1,  the  host  Member  State  shall  not  be  obliged  to  confer 
entitlement  to  social  assistance  during  the  first  three  months  of  residence  or,  where  appropriate,  the 
longer period provided for in Article 14(4)(b), nor shall it be obliged, prior to acquisition of the right of 
permanent residence, to grant maintenance aid for studies, including vocational training, consisting in 
student  grants  or  student  loans  to  persons  other  than  workers,  self-employed  persons,  persons  who 
retain such status and members of their families." 

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practice24.  This  can  present  a  significant  disincentive  to  nationals  wishing  to  study  abroad. 
However, if they do allow for such portability, they must make sure that the eligibility rules 
do not unduly restrict a student's right to free movement within the EU.  

•  This  was  decided  in  the  Morgan  judgment25.  The  rule  contested  in  that  case  said  that 
students  could  be  given  a  grant  for  studies  abroad  only  if  these  were  a  continuation  of 
studies of at least one year in their home country. The Court held that this condition was 
likely to discourage citizens from studying abroad because of the costs and inconvenience 
which it could cause. 

If  a  Member  State  provides  grants  to  its  nationals  for  distance  learning  courses  in  its  own 
territory,  it  must  also  provide  them  for  distance  studies  at  an  institution  in  another  Member 
State, under the same conditions. 

Financial help from the host Member State 

•  In  the  Bidar  ruling26,  the  Court  said  that  maintenance  grants  and  loans  came  within  the 
'scope'  of  the  Treaty  –  which  means  that,  in  principle,  an  EU  citizen  cannot  be 
discriminated against in this area. However, it also recognised that Member States should 
not have to take on the unreasonable burden of giving financial assistance to students from 
another  Member  State  who  have  no  link  with  that  country,  other  than  having  decided  to 
move there for study purposes. 

Directive 2004/38/EC explicitly excludes maintenance grants and loans from the principle of 
equal treatment27. This means that Member States are not obliged to extend grants or loans for 
maintenance to students from another Member State, unless they have been living there for a 
certain length of time. However, once a student, after five years' residence in accordance with 
Directive  2004/38/EC,  has  obtained  the  right  of  permanent  residence,  he  or  she  has  exactly 
the same rights as a local student. 

Another reason behind this exemption is to avoid a situation where an individual could benefit 
twice  over  from  a  student  grant  or  loan,  if  they  can  take  the  grant  from  their  home  country 
with them. One State loan or grant cannot be added to another State's funding, if they target 
the same study objective.  

•  In  the  Förster  decision28,  the  Court  stated  that  a  condition  of  five  years'  prior  residence 
could not be held to be an excessive period of time for a non-national to become integrated 
in the host Member State29. 

24 

25 

26 

27 
28 

Of the 27 EU Member States, only 3 provide support to students studying anywhere in the European 
Higher  Education  Area,  without  additional  conditions  to  those  which  apply  when  they  study  in  their 
home  country  -  Belgium  (German-speaking  Community),  Luxembourg  and  the  Netherlands.  Four 
Member  States  do  not  provide  for  portability  at  all-  Italy  (with  the  exception  of  two  autonomous 
regions),  Latvia,  Poland,  and  Romania.  See  Eurydice  Report  on  Higher  Education  in  Europe: 
Developments in the Bologna Process (March 2009) for more details. 
Judgment of the Court of 23 October 2007, Morgan and Bucher, Joined cases C-11/06 and 12/06, ECR 
2007 I-09161. 
Judgment of the Court of 15 March 2005, Bidar, C-209/03, ECR 2005 I-02119. This case was decided 
after the Directive was drawn up but before it could be enforced by the Court.  
See footnote 23. 
Judgment of the Court of 18 November 2008, Förster, C-158/07, ECR 2008 I-08507. 

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3.3. 

Reduced-cost public transport  

This is a fairly common student benefit in many Member States. However, the Commission 
has  been  contacted  by  students  studying  abroad  who  have  been  denied  this  benefit,  on  the 
grounds that they are not nationals of the Member State, or have not fulfilled the conditions 
for permanent residence.  

The  Commission  considers  that  reduced-cost  public  transport  qualifies  as  'maintenance  aid' 
under Article 24 of Directive 2004/38/EC. However, since it is not a student grant or loan, it 
cannot be withheld from students on grounds of nationality. 

3.4. 

Student accommodation  

This  is  another  area  where  the  Commission  has  received  complaints.  The  Commission 
response is that EU students are entitled to have access, on the same terms as local students, to 
accommodation  offered  exclusively  to  students  by  the  Member  State,  or  by  organisations 
acting on its behalf.  

3.5. 

Tax benefits in the Member State of origin 

The  Member  State  of  origin  may  grant  tax  benefits  to  students  or  their  families,  allowing 
them to deduct study expenses from taxable income. While this applies principally to students 
studying  in  their  home  country,  the  expenses  of  studying  in  another  Member  State  are  also 
tax-deductible, within reasonable limits (Member States are entitled, for example, to place an 
upper limit on the amount of tuition fees deductible in order to avoid an excessive financial 
burden). 

•  In  the  Schwarz  decision30,  the  Court  held  that  a  Member  State  which  allowed  a  child's 
school  fees  to  be  deducted  from  their  parent's  income  tax,  but  only  if  the  child  went  to 
school in that Member State, restricted the child's right to freedom of movement.  

Rights of non-EU students ('third-country nationals') 

Non-EU students have the right to study in the Union provided they fulfil certain conditions, 
which will vary according to their status and to the legislation of the host Member State (e.g. 
they  may  be  excluded  by  quota  mechanisms).  However,  the  right  to  study  does  not 
automatically confer other rights that EU students enjoy (e.g. the right to pay the same tuition 
fees as local or EU nationals; the right to reduced transport costs, etc.). However, outside their 
study time and as from their second year of residence, students must be allowed to work for a 
minimum of 10 hours per week, or the equivalent in days or months per year31. 

Non-EU  nationals  who  fulfil  the  conditions  for  long-term  residence  acquire  the  right  to  be 
treated in principle exactly the same as local students. 

See Annex II for further information. 

29 
30 

31 

At paragraph 54 of the judgment. 
Judgment of the Court of 11 September 2007, Schwarz and Gootjes Schwarz, Case C-76/05, ECR 2007 
I-06849. 
Article 17 of Directive 2004/114/EC. 

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4. 

RECOGNITION OF QUALIFICATIONS 

4.1. 

Establishing academic recognition 

Once a student has successfully completed their study period abroad, they are entitled to some 
form of certification from the university where they have studied – whether this is a diploma 
or  degree,  or  a  statement  of  the  learning  undertaken.  The  issue  then  arises  of  having  this 
document recognised, either on returning to the home country, or in another Member State. 

This is a vital stage, but also one where difficulties can arise. Every EU country has its own, 
unique education system, so there is a great deal of variety, both in terms of what is learned, 
and in the diplomas awarded.  

There  is  an  EU-wide  system  of  mutual  recognition  of  qualifications  for  the  purpose  of 
carrying  out  a  profession,  laid  down  in  European  Parliament  and  Council  Directive 
2005/36/EC32. This applies to 'regulated' professions, i.e. professions which cannot be taken 
up or practised in the host Member State without certain specified professional qualifications, 
and to citizens who are fully qualified to practise a profession in one Member State and who 
wish  to  practise  the  same  profession  in  another  Member  State.  Whether  a  profession  is 
considered 'regulated' will depend on the law of the Member State where the citizen wishes to 
practise their profession33.  

In  contrast,  this  document  will  deal  rather  with  the  more  general  question  of  academic 
recognition  (recognition  for  the  purposes  of  further  study)  of  diplomas  and  study 
periods abroad. Academic recognition may also be useful for people seeking employment in 
non-regulated  professions,  as  it  can  help  potential  employers  understand  the  value  of  a 
candidate's  foreign  qualification.  Because  of  the  variety  of  education  systems,  establishing 
whether a diploma gained in one country is equivalent to one gained in another country can be 
time-consuming and potentially contentious. Many of the letters, complaints and petitions that 
the  Commission  receives  from  students  concern  issues  of  academic  recognition  (although  it 
should  be  remembered  that  in  the  vast  majority  of  cases,  recognition  is  a  smooth  process: 
these complaints in fact represent only a tiny proportion of the very large numbers of students 
who actually take up study mobility opportunities).  

4.2.  Member States' and the European Union's responsibilities 

Academic recognition is the responsibility of the Member States; however, they must exercise 
this  competence  in  accordance  with  EU  law.  This  means  that  in  refusing  to  recognise  a 
diploma, they cannot discriminate on grounds of nationality or hinder a citizen's right to free 
movement. In a 2001 Recommendation on mobility for students, persons undergoing training, 
volunteers, teachers and trainers, Member States were called on to take appropriate measures 
so  that  the  decisions  of  the  authorities  responsible  for  academic  recognition  are  adopted 

32 

33 

EN 

Directive  2005/36/EC  of  the  European  Parliament  and  of  the  Council  of  7  September  2005  on  the 
recognition of professional qualifications, OJ L 255 , 30/09/2005 P. 0022 – 0142. Further information 
on  the  rules  for  the  recognition  of  qualifications  for  professional  purposes  may  be  found  at 
http://ec.europa.eu/internal_market/qualifications/index_en.htm 
To  find  out  whether  a  profession 
http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm?fuseaction=home.home 

in  a  particular  country,  you  can  consult 

is  regulated 

12 

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within  reasonable  timescales,  are  justified  and  can  be  subject  to  administrative  and/or  legal 
appeal34.  

As well as this, the Treaty explicitly opens Union action, not just to encouraging mobility of 
students  and  teachers,  but  also  to  encouraging  the  academic  recognition  of  diplomas  and 
periods  of  study35.  The  importance  of  this  issue  has  led  the  Commission  to  tackle  it  on  a 
number of fronts. 

4.3. 

EU soft law 

The  Commission  has  set  up  a  network  of  National  Academic  Recognition  and  Information 
Centres (NARIC)36 to provide information on the recognition of qualifications gained abroad. 

NARIC aims at improving academic recognition of diplomas and periods of study within the 
EU, the European Economic Area (EEA) countries and Turkey.  

NARIC centres in all member countries can provide students, higher education institutions or 
employers with authoritative advice and information concerning the academic recognition of 
diplomas and periods of study undertaken in other States.  

Institutions  of  higher  education  are  largely  autonomous,  taking  their  own  decisions  on 
admitting  foreign  students  and  on  granting  students  exemptions  from  parts  of  study 
programmes on the basis of education undertaken abroad. As a result, most NARICs do not 
take a decision, but offer on request information and advice on foreign education systems and 
qualifications. 

The Commission has also developed a number of tools for EU-wide use all of which aim, in 
one  way  or  another,  to  demystify  and  give  recognition  to  the  learning  that  takes  place  in 
another European country: 

•  European  Qualifications  Framework:  a  device  which  relates  different  countries' 
qualifications to a common European reference framework. When it is fully implemented, 
it  should  make  it  easy  to  compare  the  level  of  qualifications  from  different  EU  Member 
States. 

•  Diploma  Supplement:  a  document  attached  to  a  degree  or  diploma  which  gives  a 
description of the content and level of the studies carried out. It is up to the university or 
other  institution  which  issues  the  diploma  whether  to  attach  a  diploma  supplement,  but 
institutions are strongly encouraged to do so. Ministers in charge of higher education of the 
countries participating in the Bologna Process (including all EU Member States) decided in 

34 

35 

36 

Recommendation of the European Parliament and the Council of 10 July 2001 on mobility for students, 
persons  undergoing  training,  volunteers,  teachers  and  trainers  (2001/613/EC),  OJ  L  215,  09/08/2001, 
p. 30. 
Article 165: 
Union action shall be aimed at: 
- developing the European dimension in education, particularly through the teaching and dissemination 
of the languages of the Member States 
- encouraging mobility of students and teachers, by encouraging inter alia, the academic recognition of 
diplomas and periods of study,… 
www.enic-naric.net/ 

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2003 that as from 2005, every graduating student should receive the Diploma Supplement 
automatically and free of charge, issued in a widely spoken European language37.  

•  European Credit Transfer and Accumulation System: this allows students to collect credits 
for learning achieved for higher education, based on the learning outcomes and workload 
of  a  particular  course.  Most  Member  States  have  introduced  ECTS  into  their  national 
higher education legislation for study programmes of the first and second cycles (Bachelor 
and Master).  

All of these tools can then help universities or employers in other EU countries to understand 
the qualification that a graduate holds.  

4.4. 

EU legal measures 

In  certain  exceptional  cases,  the  Commission  has  opened  infringement  procedures  against 
Member States. These procedures do not necessarily reach the Court, since the issue is often 
resolved in dialogue with the Member State. 

Over  the  years,  several  cases  based  on  the  recognition  of  professional  qualifications  under 
Directive  89/48/EC  (now  2005/36/EC,  see  above),  or  Treaty  provisions,  indirectly  refer  to 
academic recognition, and the principle of free movement of EU citizens which underpins it. 

•  For example, the Commission considered that a government was charging excessive fees 
for  the  act  of  recognising  qualifications  gained  in  another  Member  State.  If  the  amount 
charged  is  demonstrably  higher  than  the  actual  administrative  costs  involved,  the 
Commission  considers  that  these  higher  costs  may  be  penalising  the  student  for  having 
chosen to study abroad, making this level of fees incompatible with EU law38.  

•  In a Commission v Spain decision, engineers were being denied promotion on the grounds 
that their qualifications had been obtained in another Member State. The Court emphasised 
that promotion within the public service, where a worker practised a 'regulated profession' 
under  the  recognition  of  professional  qualifications  directive,  cannot  be  contingent  on 
having to seek academic equivalence, in addition to professional recognition39.  

•  In a Commission v Greece ruling40, a State refused consistently to recognize diplomas from 
franchised  universities.  These  are  institutions  which  have  made  an  agreement  with  a 
foreign  university  where  the  training  is  provided  in  the  franchised  establishment,  but  is 
validated by the training institution situated in the other Member State and the qualification 
is awarded by that institution. Diplomas from these universities are therefore qualifications 
from another Member State. The Court held that it is the Member State issuing the diploma 
that has the right to assess the quality of the education. Since they are qualifications from 
another  Member  State,  diplomas  from  these  institutions  can  fall  under  Directive 

37 

38 

39 

40 

Berlin Communiqué, 
http://www.ond.vlaanderen.be/hogeronderwijs/bologna/documents/MDC/Berlin_Communique1.pdf 
The Commission's reasoning was based by analogy on the judgment of the Court in D'Hoop of 11 July 
2002, case C-224/98, ground 31. ECR 2002, p. I-06191. 
Judgment of the Court of 23 October 2008, Commission v Spain, case C-286/06, ECR 2008, p. I-08025 
See operative part of the judgment. Similar decision in Order of the Court of 13 November 2008, Maria 
Kastrinaki, joined cases C-180/08 and C-186/08, ECR 2008 I-00157. 
Judgment  of  the  Court  of  23  October  2008,  Commission  v  Greece,  case  C-274/05,  ECR  2008,  p.  I-
07969. 

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2005/36/EC  under  certain  conditions41.  The  Greek  authorities  were  therefore  obliged  to 
recognise  them  for  the  purposes  of  access  to  a  regulated  profession.  The  same  principle 
applies to qualifications awarded by distance learning.  

•  In addition, any blanket ban that refuses to recognise diplomas from franchise universities 
is  likely  to  deter  students  from  attending  these  courses  and  thus  hinder  the  freedom  of 
establishment of the university42.  

•  Lastly, it was decided in the Kraus ruling that Member States can require their nationals to 
have administrative authorisation to use an academic title (such as 'Dr.'). This is due to the 
need  to  protect  the  public  against  abuse  of  academic  titles  which  might  not  have  been 
properly awarded. But the procedure for authorisation must be fair and proportionate43. 

5. 

CONCLUSION 

As this paper shows, the Treaties, as interpreted by court decisions, have established certain 
rights of migrant students.  

•  On applying to a university or other educational institution abroad, EU citizens should be 

admitted on the same terms as local applicants.  

•  Tuition fees should be at the same level for all EU students, and tuition fee loans, where 
they exist, should be available on the same basis to all, including for distance education.  

•  If a student needs financial support while studying abroad, they may be able to get a grant 
from  their  own  government,  and  governments  who  make  grants  portable  may  not  put 
disproportionate conditions on that portability. However, governments do not have to make 
maintenance loans available to students who have travelled to their country to study, unless 
they have the status of permanent residents. 

•  If  the  course  a  student  wishes  to  take  is  through  a  language  which  is  not  their  first 
language,  the  university  may  require  them  to  show  language  qualifications  or  to  take  a 
proportionate language test to make sure they will be able to complete the course.  

•  Once in the new country, students must be treated in the same way as local students.  

•  When they return to their own country, and want recognition of the qualifications granted 
abroad, the authorities must ensure that they are not penalised for having made use of their 
right to mobility.  

Despite  the  comprehensive  legal  framework  which  favours  student  mobility,  problems 
continue  to  arise  in  many  individual  cases  because  the  rules  are  not  properly  applied.  The 

41 

42 
43 

For the Directive to apply to a 'franchised diploma', the training given in the franchised establishment 
must have been formally validated by the institution that awards the diploma. The 'franchised' diploma 
must also be the same as the diploma awarded when the training is undertaken completely within the 
Member  State  where  the  establishment  that  awards  the  diploma  is  situated.  Lastly,  the  'franchised' 
diploma  must  give  the  same  access  rights  to  the  profession  in  the  Member  State  where  the 
establishment that awards the diploma is situated. 
Judgment of the Court of 13 November 2003, Valentina Neri, case C-153/02, ECR 2003, p. I-13555. 
Judgment of the Court of 31 March 1993, Kraus, case C-19/92, ECR 1993 Page I-01663. 

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Commission services hope that the present guidance will help to bring added clarity, thereby 
making easier the exercise by citizens of their right to free movement for education.  

These requirements are minimum standards. Member States remain free to go beyond what is 
strictly  necessary  under  the  law  and  to  take  other  measures  to  encourage  mobility;  for 
example, in some countries, any EU student can be provided with a grant, regardless of how 
long they have been living there44. The Union's objective is to significantly increase learning 
mobility  and  therefore  the  Commission  strongly  encourages  such  action.  The  Commission 
services will continue to work with the Member States to resolve individual cases in light of 
the principles set out in this paper. 

Alongside the legal framework described above, a number of practical obstacles continue to 
hinder  student  mobility.  A  European  Parliament  and  Council  Recommendation  from  200145 
called on Member States to remove such obstacles to mobility, inter alia by making it easier 
for  students  to  draw  down  home-country  scholarships  and  national  aids  when  studying 
abroad; to consider to what extent mobile students could benefit from the host State's support 
for  students;  and  to  facilitate  academic  recognition  in  the  home  Member  State  of  study 
periods  abroad.  A  2006  Recommendation  encouraged  Member  States  to  adopt  a  Quality 
Charter for Mobility46. As part of the Youth on the Move Package, the Commission is putting 
forward  a  proposal  for  a  Council  Recommendation  on  promoting  the  learning  mobility  of 
young  people.  The  proposal  will  tackle  issues  such  as  the  provision  of  information  on 
opportunities  for  learning  mobility,  on  linguistic  and  cultural  preparations  for  mobility  with 
curricula, improving the quality of mobility, and encouraging mobility partnerships between 
various stakeholders.  

44 

45 

46 

Students should check with the national authorities to find out what they are entitled to. Some useful 
links and other information can be found on the Europa website at 
http://ec.europa.eu/youreurope/citizens/education/university/fees/index_en.htm?profile=0 
Recommendation of the European Parliament and of the Council of 10 July 2001 on mobility within the 
Community for students, persons undergoing training, volunteers, teachers and trainers (2001/613/EC). 
Recommendation of the European Parliament and of the Council on transnational mobility within the 
Community for education and training purposes: European Quality Charter for Mobility (2006/961/EC). 

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ANNEX I: RIGHTS OF ERASMUS STUDENTS 

In  addition  to  the  general  rights  outlined  in  the  paper,  students  participating  in  the  EU's 
Erasmus  Programme  have  the  right  to  expect  the  following  under  the  Erasmus  Student 
Charter: 

•  Your home and host universities to have an inter-institutional agreement.  

•  The  sending  and  receiving  institutions  to  sign  with  you  and  before  you  leave  a 
Learning/Training  Agreement  setting  out  the  details  of  your  planned  activities  abroad, 
including the credits to be achieved.  

•  Not  to  have  to  pay  fees  to  your  host  university  for  tuition,  registration,  examinations, 

access to laboratory and library facilities during your Erasmus studies.  

•  Full academic recognition from your home university for satisfactorily completed activities 
during the Erasmus mobility period, in accordance with the Learning/Training Agreement.  

•  To  be  given  a  transcript  of  records  at  the  end  of  your  activities  abroad,  covering  the 
studies/work  carried  out  and  signed  by  your  host  institution/enterprise.  This  will  record 
your  results  with  the  credits  and  grades  achieved.  If  the  placement  was  not  part  of  the 
normal curricula, the period will at least be recorded in the Diploma Supplement.  

•  To be treated and served by your host university in the same way as their home students.  

•  To have access to the Erasmus University Charter and Erasmus Policy Statement of your 

home and host universities.  

•  Your student grant or loan from your home country to be maintained while you are abroad.  

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ANNEX II: FAMILY MEMBERS AND NON EU STUDENTS  

1. 

RIGHTS OF RESIDENCE  

Family members who have the right to accompany or join EU students on the basis of 
Directive 2004/38/EC47: 

•  the spouse, 

•  the  registered  partner  (if  the  legislation  of  the  host  Member  State  treats  registered 

partnerships as equivalent to marriage), 

•  children under the age of 21 or dependants, including those of the spouse or partner, 

These  family  members,  regardless  of  their  nationality,  have  the  right  to  reside  with  an  EU 
student in another Member State, as long as the student fulfils the conditions in Article 7(1) of 
the Directive for a stay of longer than three months.  

Other dependant family members, such as parents or grandparents, and partners that the host 
Member  States  do  not  recognise  as  registered  partnerships,  do  not  have  automatic  right  of 
residence,  but  the  Member  State's  authorities  should  try  to  facilitate  their  entry  and 
residence48. 

For family members who are not EU citizens and not already residents of an EU country the 
host Member State may require them to apply for an entry visa which should be granted free 
of charge and without undue formalities. 

Non-EU students 

A  non-EU  student  who  wants  to  enter  the  EU  for  study  purposes  needs  to  fulfil  certain 
conditions. They must: 

•  have been accepted by an establishment of higher education to follow a course of study; 

•  provide evidence of sufficient resources to cover subsistence, study and return travel costs;  

•  have  sickness  insurance  which  covers  the  individual  for  the  risks  normally  covered  for 

nationals of the Member State;  

•  provide  evidence  (if  requested  by  the  Member  State)  of  sufficient  knowledge  of  the 

language in which the course is taught;  

•  provide evidence (if requested by the Member State) that the study fees have been paid.  

Non-EU students also need to hold a valid travel document Member States may require the 
travel document to be valid for at least the duration of the planned stay 

47 
48 

Article 7(4). 
Article 3(2). 

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Member States should try to facilitate admission for non-EU students who are taking part in 
EU programmes that encourage mobility towards or within the Union. 

The student should be issued with residence permit valid at least one year, and renewable if 
the holder continues to meet the required conditions. 

2. 

NON-EU STUDENTS – RIGHTS OF LONG-TERM RESIDENTS 

Non-EU nationals who reside legally for a continuous period of five years in a Member State 
acquire  the  status  of  long-term  resident49.  However,  special  conditions  apply  to  non-EU 
nationals who reside for the purposes of study. In order to apply for the status of long-term 
resident, they must have acquired a title of residence (for example, a residence permit granted 
on  the  basis  of  permanent  work)  which  enables  them  to  be  granted  this  status.  In  that  case, 
only half of the periods of residence for study purposes or vocational training may be taken 
into account in calculating the five-year period.  

Long-term  residents  have  the  right  to  be  treated  the  same  as  nationals  in  the  Member  State 
which  is  their  registered  or  usual  place  of  residence  as  regards,  inter  alia,  education  and 
training  (including  in  access  to  study  grants50),  social  assistance51  employment  and  social 
security in accordance with national law. However, in the same way as residents of other EU 
Member States, they may have to show proof of language proficiency for study purposes. 

A long-term resident may travel to another Member State for study purposes. 

They can acquire the right to reside in the latter Member State for longer than three months, 
once they fulfil certain conditions. They must: 

•  have stable and regular resources so as to be able to maintain themselves and their family, 

without calling on the Member State's social assistance; 

•  have sickness insurance covering all risks in the second Member State; 

•  provide  evidence  (if  required  by  the  second  Member  State)  that  they  are  enrolled  in  an 

accredited establishment. 

As  soon  as  a  non-EU  national  is  granted  the  status  of  long-term  resident  in  the  second 
Member State, he/she must enjoy equal treatment in that Member State.  

49 

50 

51 

Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals 
who are long-term residents. In accordance with the Protocols on the position of the United Kingdom, 
Ireland  and  Denmark  annexed  to  the  Treaty  on  European  Union  and  to  the  Treaty  establishing  the 
European Community, these Member States are not bound by Directive 2003/109/EC or subject to its 
application 
However, the notion of study grants in the field of vocational training does not cover measures which 
are financed under social assistance schemes. Moreover, Member States may take into account the fact 
that Union citizens may benefit from this same advantage in the country of origin. 
In this matter, Member States are entitled to limit the benefits for long-term residents to core benefits 
(minimum income support, assistance in case of illness, pregnancy, parental assistance and long-term 
care). 

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ANNEX III: EXTRACTS FROM THE TREATY ON THE FUNCTIONING OF THE 
EUROPEAN UNION 

Article 18 (ex Article 12 TEC) 

Within  the  scope  of  application  of  the  Treaties,  and  without  prejudice  to  any  special 
provisions  contained  therein,  any  discrimination  on  grounds  of  nationality  shall  be 
prohibited. 

The European Parliament and the Council, acting in accordance with the ordinary legislative 
procedure, may adopt rules designed to prohibit such discrimination. 

Article 20 (ex Article 17 TEC) 

1.  Citizenship  of  the  Union  is  hereby  established.  Every  person  holding  the  nationality  of  a 
Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to 
and not replace national citizenship. 

2. Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the 
Treaties. They shall have, inter alia: 

(a) the right to move and reside freely within the territory of the Member States; 

(b) the right to vote and to stand as candidates in elections to the European Parliament and in 
municipal  elections  in  their  Member  State  of  residence,  under  the  same  conditions  as 
nationals of that State; 

(c) the right to enjoy, in the territory of a third country in which the Member State of which 
they  are  nationals  is  not  represented,  the  protection  of  the  diplomatic  and  consular 
authorities of any Member State on the same conditions as the nationals of that State; 

(d) the right to petition the European Parliament, to apply to the European Ombudsman, and 
to address the institutions and advisory bodies of the Union in any of the Treaty languages 
and to obtain a reply in the same language. 

These  rights  shall  be  exercised  in  accordance  with  the  conditions  and  limits  defined  by  the 
Treaties and by the measures adopted thereunder. 

Article 21 (ex Article 18 TEC) 

1. Every citizen of the Union shall have the right to move and reside freely within the territory 
of the Member States, subject to the limitations and conditions laid down in the Treaties and 
by the measures adopted to give them effect. 

2. If action by the Union should prove necessary to attain this objective and the Treaties have 
not  provided  the  necessary  powers,  the  European  Parliament  and  the  Council,  acting  in 
accordance  with  the  ordinary  legislative  procedure,  may  adopt  provisions  with  a  view  to 
facilitating the exercise of the rights referred to in paragraph 1. 

3.  For  the  same  purposes  as  those  referred  to  in  paragraph  1  and  if  the  Treaties  have  not 
provided the necessary powers, the Council, acting in accordance with a special legislative 

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procedure, may adopt measures concerning social security or social protection. The Council 
shall act unanimously after consulting the European Parliament. 

Article 165 (ex Article 149 TEC) 

1.  The  Union  shall  contribute  to  the  development  of  quality  education  by  encouraging 
cooperation between Member States and, if necessary, by supporting and supplementing their 
action,  while  fully  respecting  the  responsibility  of  the  Member  States  for  the  content  of 
teaching and the organisation of education systems and their cultural and linguistic diversity. 

The  Union  shall  contribute  to  the  promotion  of  European  sporting  issues,  while  taking 
account of the specific nature of sport, its structures based on voluntary activity and its social 
and educational function. 

2. Union action shall be aimed at: 

-  developing  the  European  dimension  in  education,  particularly  through  the  teaching  and 
dissemination of the languages of the Member States, 

-  encouraging  mobility  of  students  and  teachers,  by  encouraging  inter  alia,  the  academic 
recognition of diplomas and periods of study, 

- promoting cooperation between educational establishments, 

-  developing  exchanges  of  information  and  experience  on  issues  common  to  the  education 
systems of the Member States, 

-  encouraging  the  development  of  youth  exchanges  and  of  exchanges  of  socio-educational 
instructors, and encouraging the participation of young people in democratic life in Europe, 

- encouraging the development of distance education, 

-  developing  the  European  dimension  in  sport,  by  promoting  fairness  and  openness  in 
sporting  competitions  and  cooperation  between  bodies  responsible  for  sports,  and  by 
protecting  the  physical  and  moral  integrity  of  sportsmen  and  sportswomen,  especially  the 
youngest sportsmen and sportswomen. 

3.  The  Union  and  the  Member  States  shall  foster  cooperation  with  third  countries  and  the 
competent  international  organisations  in  the  field  of  education  and  sport,  in  particular  the 
Council of Europe. 

4. In order to contribute to the achievement of the objectives referred to in this Article: 

-  the  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary 
legislative  procedure,  after  consulting  the  Economic  and  Social  Committee  and  the 
Committee  of  the  Regions,  shall  adopt  incentive  measures,  excluding  any  harmonisation  of 
the laws and regulations of the Member States, 

- the Council, on a proposal from the Commission, shall adopt recommendations. 

Article 166 (ex Article 150 TEC) 

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1.  The  Union  shall  implement  a  vocational  training  policy  which  shall  support  and 
supplement  the  action  of  the  Member  States,  while  fully  respecting  the  responsibility  of  the 
Member States for the content and organisation of vocational training. 

2. Union action shall aim to: 

-  facilitate  adaptation  to  industrial  changes,  in  particular  through  vocational  training  and 
retraining, 

-  improve  initial  and  continuing  vocational  training  in  order  to  facilitate  vocational 
integration and reintegration into the labour market, 

-  facilitate  access  to  vocational  training  and  encourage  mobility  of  instructors  and  trainees 
and particularly young people, 

- stimulate cooperation on training between educational or training establishments and firms, 

- develop exchanges of information and experience on issues common to the training systems 
of the Member States. 

3.  The  Union  and  the  Member  States  shall  foster  cooperation  with  third  countries  and  the 
competent international organisations in the sphere of vocational training. 

•  4.  The  European  Parliament  and  the  Council,  acting  in  accordance  with  the  ordinary 
legislative  procedure  and  after  consulting  the  Economic  and  Social  Committee  and  the 
Committee  of  the  Regions,  shall  adopt  measures  to  contribute  to  the  achievement  of  the 
objectives  referred  to  in  this  Article,  excluding  any  harmonisation  of  the  laws  and 
regulations  of  the  Member  States,  and  the  Council,  on  a  proposal  from  the  Commission, 
shall adopt recommendations. 

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 ANNEX IV: LIST OF MOST RELEVANT CASE LAW RELATING TO MOBILITY 
IN EDUCATION AND TRAINING 

Access to education 

Gravier v. City of Liège, Case 293/83 

Blaizot v. University of Liège, Case 24/86  

Lair v. Universität Hannover, Case 39/86 

Brown v. The Secretary of State for Scotland, Case 197/86  

Commission v Belgium, Case C-65/03 

Commission v Austria, Case C-147/03 

Bressol and others v. Gouvernement de la Communauté française, Case C-73/08 

Maintenance grants/loans 

Grzelczyk v. Centre public d'aide sociale d'Ottignies-Louvain-la-Neuve, Case C-184/99 

D'Hoop v. Office national de l'emploi, Case C-224/98 

Bidar v. London Borough of Ealing  & Secretary of State for Education and Skills,  Case  C-
209/03 

Morgan v. Bezirksregierung Köln and Bucher v. Landrat des Kreises Düren,  

Joined Cases C-11/06 and C-12/06 

Förster v. Hoofddirectie van de Informatie Beheer Groep, Case C-158/07 

Recognition of qualifications 

Kraus v. Land Baden-Württemberg, Case C-19/92 

Neri v. European School of Economics, Case C-153/02 

Commission v Greece, Case C-274/05 

Commission v. Spain, Case C-286/06 

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