Student mobility and Union: a analysis through the case law of the ECJ

Abstract

The Union citizenship status has allowed to the ECJ to develop the mobility of the students, though inevitably its jurisprudence also echoes the limitations set out in EU law to give response to the existing tension between the proclamation of the rights and protecting the interests of the Members States. Based on the principle of non-discrimination on ground on nationality and the right to move and reside freely within the territory of the Member States, the CJ has ruled on the right of students-citizens to obtain social benefits and student aid, also it has done it on the right of access to the higher education and the fiscal dimension of the mobility. By means of its decisions, the ECJ has contributed in a relevant way to enhance mobility and has tried to find the difficult point of balance between solidarity and unreasonable burden on Member States.