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- Title
The CJEU in Commission v Hungary Higher Education Defends Academic Freedom Through WTO Provisions.
- Abstract
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
- Subjects
COURT of Justice of the European Union; HIGHER education; UNIVERSITIES &; colleges; ACADEMIC freedom; WORLD Trade Organization; GENERAL Agreement on Trade in Services (Organization)
- Publication
Modern Law Review, 2022, Vol 85, Issue 3, p773
- ISSN
0026-7961
- Publication type
Article
- DOI
10.1111/1468-2230.12686