1. Fundamental rights in the higher education within the EU
Tamas Dezso Ziegler
Fundamental rights in the higher education within the EU
(Why the market is a bad reference point)

2. 2015

3. 2015

4. 2015

5. 2015

6. 2017

7. Issues in the EU Anti-Enlightened, anti-pluralist legislation (H, Pl)
Authoritarianism
Anti-Enlightened, anti-pluralist legislation (H, Pl)
Academic freedom in danger
(H + Pl + AfD Lehrer-Meldeplattform)
2) Marketization of higher education
Demands by universities as companies (e.g. LSE – Brexit – free speech?)

8. Issues (Hungary and Poland)
1) Distorting Pluralism  Denying Equality of Universities
National University of Public Service (H), Professional academies (Pl)
2) Intrusion into Universities` Decision Making  The Change of Governance
Chancelors, consistoriums, state appointments (H) more power to rectors (Pl)
3) Attacking Freedom of Thought  Banning Academic Programs
International studies, social antrophology, media studies + gender studies (H)
4) Limitation of Free Speech + Direct Attacks Against Professors
Law on holocaust research (Pl) + listing university professors (H)
Gender discrimination (Pl)

9. EU answers
Competency
1) Support, coordinate or supplement the actions of the Member States in education: Art. 6 and 165 TFEU
2) Single market related cases: free movement of students, recognition of university degrees
3) Humbel case (C-263/86): publicly founded education is not a service under EU law
The Case of Scholarship Contracts in Hungary
The Case of Central European University
State universities and their teaching/research staff do not have fundamental rights?

10. Theoretical background
Constitutional pluralist perspective
Arguments for maintaining national competency (subsidiarity, cultural diversity)
Do we defend nations` right to limit academic freedom?
Multi-level constitutionalism
EU level of cases: different than national level
Public v state universities: is it appropriate to regulate them at different levels?

11. My statements
Marketization leads to discriminative situations (state v private universities)
Focusing on competency is misleding: fundamental rights problem, not a policy problem
The EU should be more proactive
Art. 7 procedures: high chance not productive
Infringement procedures (systemic procedures as well)

12. Re-interpreting fundamental rights
Art 2 Treaty on the European union
The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.

13. Re-interpreting fundamental rights
Art 2 TEU as a normative provision
Reverse Solange
Scheppele: systemic infringement procedures
Kochenov: member states should also start such procedures
Jakab: EU Charter should be directly applicable
TENSION BETWEEN GENERAL PRINCIPLES AND LEGAL PRACTICE

14. Magna Charta of European Academia
Following `Principles, Definitions and Model Rules of European Private Law` and `Principles of European Constitutional Law`
The International Covenant on Economic, Social and Cultural Rights (Art. 15.)
The UNESCO recommendation on the status of the higher education teaching personnel
Existing acquis, like Directive on equal treatment in employment, or the EU Charter of Fundamental Rights.
Magna Charta Universitatum (1988)
Decisions of the European Court of Human
Provisions in national constitutions
Cases from third country jurisdictions
Scholarly analysis

15. THANK YOU FOR YOU ATTENTION!