Details

Autor(en) / Beteiligte

• Hoxhaj, Andi

Titel

The CJEU in 'Commission v Hungary Higher Education' defends academic freedom through WTO provisions

Ist Teil von

• Modern law review, 2022-05, Vol.85 (3), p.773-786

Ort / Verlag

Oxford: Blackwell Publishing Ltd

Erscheinungsjahr

2022

Quelle

Wiley Online Library - AutoHoldings Journals

Beschreibungen/Notizen

• The Court of Justice of the European Union (CJEU) in 'Commission v Hungary Higher Education' ruled that the legal conditions introduced to enable foreign higher education institutions to carry out their activities in Hungary are incompatible with EU law. The Commission referred Hungary to the CJEU, claiming that the amendments to the 'Higher Education Act' of 2011 are incompatible with Hungary's commitments as a member of the EU within the following frameworks: the General Agreement on Trade in Services (GATS); the freedom of establishment; the free movement of services; the provisions of the EU 'Charter of Fundamental Rights' relating to academic freedom; the freedom to found higher education institutions; and the freedom to conduct a business. This note explains that 'Commission v Hungary Higher Education' is the latest example of the ongoing efforts in Hungary to undermine the rule of law and threaten academic freedom in the EU.