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The CJEU in Commission v Hungary Higher Education defends academic freedom through WTO provisions
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Hoxhaj, Andi (2022) The CJEU in Commission v Hungary Higher Education defends academic freedom through WTO provisions. The Modern Law Review, 85 (3). pp. 773-786. doi:10.1111/1468-2230.12686 ISSN 0026-7961.
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Official URL: http://dx.doi.org/10.1111/1468-2230.12686
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.
Item Type: | Journal Article | ||||||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||||||
Journal or Publication Title: | The Modern Law Review | ||||||||
Publisher: | Wiley | ||||||||
ISSN: | 0026-7961 | ||||||||
Official Date: | May 2022 | ||||||||
Dates: |
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Volume: | 85 | ||||||||
Number: | 3 | ||||||||
Page Range: | pp. 773-786 | ||||||||
DOI: | 10.1111/1468-2230.12686 | ||||||||
Status: | Peer Reviewed | ||||||||
Publication Status: | Published | ||||||||
Access rights to Published version: | Restricted or Subscription Access |
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