The Law Of Higher Education

Online Casebook

30 HIGHER EDUCATION LAW IN THE COMMON LAW SYSTEMS

(LHE Chapter 30. p593)


A. Introduction

It is not possible in these pages to describe in detail the different provisions in the law governing HEIs, staff and students in the civil law countries. Each has a considerable corpus of legislation, both primary and secondary, based on specific articles in constitutions and incorporating the terms of international conventions.

As a generalisation, staff in publicly-founded HEIs are treated as state or provincial employees, albeit with special privileges granted to academic staff in terms of employment rights. Higher education laws otherwise vary from the highly detailed to the very general.

Here we attempt some comparative analysis of modern trends which legislators are following in implementing the changes needed for the Bologna Process.
- see LHE 30.01 – 30.10
Cases cited:
Baskaya v Turkey ECHR 23536/94 [link to follow]
H.U.H. v Switzerland ECHR 25181/94 [view]
Okcuoglu v Turkey ECHR 24408/94 [view]
Tolstoy-Miloslavsky v UK ECHR 18139/1 [view]


B. The Role of Legislation in Shaping European Higher Education
- see LHE, 30.11 – 30.14


C. Analysing Legislation
- see LHE, 30.15 – 30.24


D. Recognition of Joint Degrees
- see LHE, 30.25 – 30.35


E. Consumer Protection
- see LHE, 30.36 – 30.37
Cases cited:
Neri v European School of Economics (ESE Insight World Education System Ltd) Case C-153/02, 13 November 2003 [view]


F. Dispute Resolution
- see LHE, 30.38