|Author (Corporate)||Cardiff EDC|
Judgment from the Court of Justice of the European Union (CJEU) concerning the amendments carried out by Hungary to its 2011 Higher Education Act.
The Hungarian Parliament adopted in April 2017 an amendment to the country's Higher Education Act of 2011. The changes added new requirements as regards the name of foreign higher education institutions, the need for bilateral agreements between Hungary and a non-EEA country of origin of the foreign higher education institution, the need to provide higher education services also in the country of origin as well as additional requirements for the registration and authorisation of higher education services in Hungary.
In December 2017, the European Commission decided to refer Hungary to the CJEU claiming that the amended law (also known as Lex CEU) was incompatible both with the commitments undertaken by the Member State within the framework of the General Agreement on Trade in Services (GATS) and with the freedom of establishment, the free movement of services and the provisions of the Charter of Fundamental Rights of the European Union relating to academic freedom, the freedom to found higher education institutions and the freedom to conduct a business.
On 6 October 2020, the Court decided that the conditions introduced by Hungary to enable foreign higher education institutions to carry out their activities in its territory are incompatible with EU law.
|Subject Categories||Culture, Education and Research, Law|
|Subject Tags||EU Law, Higher Education|
|Countries / Regions||Hungary|
|International Organisations||European Union [EU]|