Limiting numbers of international students breaches European law
image: Naassom Azevedo on Unsplash
Five legal scholars, including three from Leiden University’s Europa Institute, Armin Cuyvers, Stefaan Van den Bogaert and Vincent Delhomme, argue in ‘Digitaal Universiteitsblad’ (DUB) that the proposed government cuts of €168 million to reduce the intake of international students and thus reduce migration, are prohibited.
This week, the Dutch Senate debated the budget of the Ministry of Education, Culture and Science. The five scholars claim that the government is making a prohibited distinction between Dutch and foreign EEA students, by setting a collective funding ceiling for international students that will not apply to Dutch students. This violates Articles 18 and 21 of the Treaty on the Functioning of the European Union (TFEU). These articles prohibit discrimination against EU citizens.
The government has amended its objective, stating that the protection of the Dutch language is central and that it wants to prevent further widespread use of English. However, academics see this as masking the real objective: limiting migration. European law offers enough room to promote the Dutch language while also retaining international students for the Dutch economy.
‘Anyone who takes the law, the courts and themselves seriously can only come to one conclusion: it's prohibited,’ say the five scholars.
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Read the full article in DUB (in Dutch)