Mind the Gap

Abstract

The purpose of this article is twofold. First, it aims to examine the phenomenon of student mobility and the benefits associated therewith, arguing that there are real benefits attached to free movement of students: in short, student mobility promotes the creation of a mobile, highly skilled and ‘EU aware’ citizenry. It will further be submitted that, when analysed from the perspective of this ‘output’, student mobility qualifies as a public good. This carries with it important implications: decentralized provision is unlikely to lead to a socially optimum ‘production’ of the public good that is student mobility. Rather, there is scope for centralized intervention by the community, here the EU. Secondly, the article will examine the extent to which such intervention has already taken place. By examining the case law of the Court of Justice, it seeks to investigate whether the accumulated decisions have led to a system of rules whereby, in any situation involving a mobile student, a Member State is designated as financially responsible (in the sense of being obliged to provide study grants and/or loans under its domestic system) for that student. The article will eventually conclude that there are still significant gaps in the framework established by the Court, and that the framework also is plagued by questionable principles, requiring further action at EU level.