Students as subject of EU law: The role of the European Court of Justice in the enhancement of students’ rights and the impact of ECJ case law on the national systems of tuition fees and educational grants

Bartels, Susann (2010) Students as subject of EU law: The role of the European Court of Justice in the enhancement of students’ rights and the impact of ECJ case law on the national systems of tuition fees and educational grants.

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Abstract:Judicial activism is a concept that has mainly been studied in the United States and in relation to the US Supreme Court. The operationalization of the concept has been tuned so as to fit the American legal system and to allow for the analysis of the Supreme Court’s jurisprudence. In Europe, however, only few scholars have investigated the concept of ‘judicial activism’. The study at hand applies the concept ‘judicial activism’ in a European context, namely to the case law of the European Court of Justice (ECJ) in the domain of students’ rights. It aims to find out which role the ECJ played in the enhancement of students’ rights and whether the jurisprudence in this field can be characterized in a way from which it can be concluded that the Court of Justice engages in judicial activism in this domain. To be able to do so, the concept ‘judicial activism’ is operationalized in a way that especially fits the European context. Afterwards, the study also investigates into the impact which the ECJ’s case law has on the national systems of the Member States dealing with tuition fees and educational grants.
Item Type:Essay (Bachelor)
Faculty:BMS: Behavioural, Management and Social Sciences
Subject:88 social and public administration
Programme:European Studies BSc (56627)
Link to this item:http://purl.utwente.nl/essays/60302
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