A Space for the EHEA. The Guidance from the EU Court of Justice to the Member States

For the genesis and development of, as well as for the policy within the European Higher Education Area (EHEA), it seems that the Kirshberg in Luxemburg, seat of the Court of Justice of the European Union (ECJ), is more important than the conference rooms of Bologna and the national legislators. Since the Casagrande ruling in 1973 the ECJ has constantly worked to design this European Area. It took the ECJ nearly 40 years to sketch the outline of the EHEA. The newest brushstroke to date is the case of Bressol/Chaverot et al. The body of case law the ECJ developed also constitutes the margin of appreciation the Member States have left to administer their systems of higher education. In this contribution, we aim tot map the space of the EHEA and formulate a view on its future.

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