A Space for the European Higher Education Area: The Guidance from the EU Court of Justice to Member States

2012 ◽  
Vol 25 (1) ◽  
pp. 39-63 ◽  
Author(s):  
Peter Kwikkers ◽  
Anne van Wageningen
Keyword(s):  
Higher Education ◽  
European Higher Education Area ◽  
Member States ◽  
Court Of Justice ◽  
European Higher Education ◽  
The Eu

scholarly journals The voice of inclusion in the midst of neoliberalist noise in the Bologna Process

2020 ◽  
Vol 19 (6) ◽  
pp. 485-505
Author(s):  
Iryna Kushnir
Keyword(s):  
Higher Education ◽  
Lifelong Learning ◽  
Bologna Process ◽  
Social Dimension ◽  
European Higher Education Area ◽  
Member States ◽  
Policy Documents ◽  
European Higher Education ◽  
The Bologna Process ◽  
The Voice

This article belongs to a limited body of scholarship concerning inclusion in the Bologna Process. The Bologna Process aims to create the European Higher Education Area with comparable higher education structures within the European Higher Education Area member states. Unlike previous research that focuses on the implementation of one of the Bologna Process inclusion-related action lines (i.e. lifelong learning, student-centred education and social dimension), this article adopts a broader lens, and investigates the evolution of the meaning of ‘inclusion’ in the key international Bologna Process policy documents. This article argues that there is still a lack of clarity around the meaning of ‘inclusion’ in the Bologna Process, and the list of underprivileged groups that the Bologna Process aims to include in higher education, is absent. This article calls for an urgent review of this problem in the Bologna Process at the European Higher Education Area ministerial conference scheduled for 2020 which will set the agenda for post-2020 work in the European Higher Education Area.

scholarly journals INTERNATIONALIZATION OF QUALITY ASSURANCE IN THE EUROPEAN HIGHER EDUCATION AREA: CHARACTERISTICS OF THE TERMINOLOGICAL APPARATUS AND CONCEPTUAL BASES OF THE RESEARCH

2018 ◽  
pp. 238-245
Author(s):  
I. YARMAK
Keyword(s):  
Higher Education ◽  
Quality Assurance ◽  
Bologna Process ◽  
Global Dimension ◽  
European Higher Education Area ◽  
Member States ◽  
Cross Border ◽  
Higher Education Quality ◽  
European Higher Education ◽  
The Bologna Process

The research is devoted to the problems of internationalization of  quality assurance (QA)  in the European Higher Education Area.  Based on the application of methods of terminological analysis, systematization and generalization,  the characteristic of the conceptual apparatus of the study is given. The importance of such concepts as "internationalization of higher education", "quality assurance of higher education" and " European Higher Education Area " are specified.The definition of the key concept of the study "internationalization of the quality assurance of higher education" as a process and result of the implementation of normative, organizational and procedural principles of the QA at the international level and the legitimization of the international / global dimension of the quality assurance agencies' activities in higher education is formulated. The theoretical, normative, organizational and procedural aspects of the problem under study are outlined.The following conclusions are made  regarding trends in the  development of the phenomenon under study: 1) the process of internationalization of the QA acquires a systemic character, the approval of international norms for the implementation of the QA process at official summits of the Bologna Process, in the educational legislation of the member states of the Bologna Club, gives them legitimacy; 2) there is an increase in the number of countries participating in the Bologna Process, guided by national practice "Standards and Recommendations for Quality Assurance in the European Higher Education Area"; 3) there is an intensification of the political efforts of the EHEA member states to recognize the cross-border activities of the QA-agencies in assessing the quality of the joint educational programs  of  universities  of different countries and cross-border/ transnational higher education; 4) there is further development of the international political, expert and scientific community in the field of  QA, which effectively co-operates within the framework of the European Quality Assurance Forum and has a significant influence on the development of the theoretical, normative, organizational, procedural principles of the internationalization of the QA.

CONCEPTUAL BASES OF ADAPTATION OF UKRAINE’S HIGHER EDUCATION TO THE STANDARDS OF EDUCATION QUALITY OF THE EUROPEAN AREA

2018 ◽  
Author(s):  
Nina Batechko
Keyword(s):  
Higher Education ◽  
Quality Assurance ◽  
European Higher Education Area ◽  
Quality Of Higher Education ◽  
European Area ◽  
European Higher Education ◽  
European Standards ◽  
Conceptual Foundations

The article outlines the conceptual framework for adapting Ukrainian higher education to the Standards and Recommendations for Quality Assurance in the European higher education area. The role of the Bologna Declaration in ensuring the quality of higher education in Europe has been explained. The conceptual foundations and the essence of standards and recommendations on quality assurance in the European higher education area have been defined. The Ukrainian realities of the adaptation of higher education of Ukraine to the educational European standards of quality have been characterized.

The preliminary ruling procedure at the court of justice of the European Union and transformation of European anti-discrimination law

2020 ◽  
Vol 2020 (3) ◽  
pp. 66-72
Author(s):  
Elena Sorokina
Keyword(s):  
Legal System ◽  
Essential Feature ◽  
Preliminary Ruling ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
National Courts ◽  
Court Of Justice ◽  
Protection Of Human Rights ◽  
The Eu

The preliminary ruling procedure is an essential feature of the EU legal system, which is a unique cooperation tool as part of the dialogue between the Court of Justice of the EU and national courts of the Member States. Its main purpose is to ensure uniform interpretation and application of the provisions of EU law with all Member States and to preserve the uniformity of the European legal system. The continuous use by national courts of the Member States of the mechanism of preliminary ruling and constructive inter-judicial cooperation, the Court of Justice has developed an extremely extensive case law on the prohibition of discrimination and with the result to introduce substantial changes in European anti-discrimination law.The preliminary rulings of the Court of Justice have shown its inclination to expand notions of what constitutes discrimination and in most cases the Court prompt by the desire to interpret the provisions of European law so as to ensure the full effectiveness of the law, as well as a willingness to promote and strengthen protection against discrimination in Europe. While the protection against discrimination on some grounds is stronger than others, however, the preliminary rulings of the Court of Justice are important contribution to the transformation of anti-discrimination law, promote change in the national legislation of the Member States and provide the more effective protection of human rights in general.

Review by Constitutional Courts of the Obligation of National Courts of Last Instance to Refer a Preliminary Question to the Court of Justice of the EU

2015 ◽  
Vol 16 (6) ◽  
pp. 1663-1700 ◽  
Author(s):  
Clelia Lacchi
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Member States ◽  
Constitutional Review ◽  
National Courts ◽  
Court Of Justice ◽  
Judicial Remedy ◽  
The Eu

The Constitutional Courts of a number of Member States exert a constitutional review on the obligation of national courts of last instance to make a reference for a preliminary ruling to the Court of Justice of the European Union (CJEU).Pursuant to Article 267(3) TFEU, national courts of last instance, namely courts or tribunals against whose decisions there is no judicial remedy under national law, are required to refer to the CJEU for a preliminary question related to the interpretation of the Treaties or the validity and interpretation of acts of European Union (EU) institutions. The CJEU specified the exceptions to this obligation inCILFIT. Indeed, national courts of last instance have a crucial role according to the devolution to national judges of the task of ensuring, in collaboration with the CJEU, the full application of EU law in all Member States and the judicial protection of individuals’ rights under EU law. With preliminary references as the keystone of the EU judicial system, the cooperation of national judges with the CJEU forms part of the EU constitutional structure in accordance with Article 19(1) TEU.

THE APPRENTICESHIP IN CRAFT GUILDS IN PREINDUSTRIAL EUROPE: A MODEL FOR ENGINEERING EDUCATION IN THE EUROPEAN HIGHER EDUCATION AREA

10.6036/9821 ◽  
2021 ◽  
Vol 96 (5) ◽  
pp. 460-463
Author(s):  
OSCAR MARTIN LLORENTE
Keyword(s):  
Higher Education ◽  
Engineering Education ◽  
Learning By Doing ◽  
Term Survival ◽  
European Higher Education Area ◽  
Educational Methods ◽  
Apprenticeship Learning ◽  
European Higher Education ◽  
Craft Guilds

This work aims to carry out a comparative study between the apprenticeship system in the craft guilds in preindustrial Europe and the educational methods used in the European Higher Education Area (EHEA), with the aim of highlighting the role, within the field of engineering education in the EHEA, of the practice-driven approach (learning by doing), which yielded excellent results during centuries to craft guilds, since their institutionalized apprenticeship system was one of the reasons for their long-term survival. The transmission of technical skills and associated innovation were effectively supported by craft guilds but not as a main objective and even, sometimes, as a cause of undesired effects (formation of future competitors, revelation of secrets or shift of control over the production process from the owners of skills to the owners of capital. It has been demonstrated that both the organizational modalities or scenarios and the educational methods of the EHEA (except the binomial scenario-method formed by the theoretical class and the master lecture) used in engineering education, have a clear precedent in the preindustrial craft guilds, which emphasize the learning process instead of the teaching process and established, several centuries in advance and without intending to, a model for the EHEA. Keywords: Craft guilds; Apprenticeship; Learning by doing; Engineering education; EEES

Legal conflict between the EU and the republic of Poland regarding polish judicial reform

2021 ◽  
Author(s):  
Ivan Yakovyuk ◽  
Suzanna Asiryan ◽  
Anastasiya Lazurenko
Keyword(s):  
European Union ◽  
Judicial Reform ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Legal Nature ◽  
Constitutional Tribunal ◽  
The Republic ◽  
The Eu

Problem setting. On October 7, 2021, the Constitutional Tribunal of the Republic of Poland ruled in favor of Polish law over European Union law, which in the long run may violate the principles according to which the Union operates and the rights enjoyed by citizens of the state. Such a precedent can further serve as a basis for identical decisions of the bodies of constitutional jurisdiction of those states that have problems in fulfilling their obligations in the European community. Analysis of recent researches and publications. The problems of the functioning of the bodies of the European Union, the implementation of their decisions and the general status in EU law are widely studied in national science. In particular, many scholars have studied the legal nature of the EU, including: TM Anakina, VI Muravyov, NM Ushakov, A. Ya. Kapustina, NA Korolyova, Yu. Yumashev, BN Topornin, OYa Tragniuk, SS Seliverstov, IV Yakovyuk and others. Target of research is to establish the foundations of EU law in the functioning of Union bodies, especially the Court, as well as to determine the hierarchy of national law and EU law. Article’s main body. Over the years, the Court has, within its jurisdiction, issued a large number of judgments which have become the source of the Union’s Constituent Treaties and of EU law in general. Over the last two decades, the powers of the Court of Justice have changed significantly. In particular, this is due to the adoption of the Lisbon Treaty, which amended the EU’s founding treaties on the powers of the Court, then the reform of the European Court took place in 2015-2016, which concerned a change in the organizational structure of the Court. Despite the generally well-established case law of the Court of Justice of the European Union on the unification of the observance by the Member States of the basic principles of the European Union, the Constitutional Tribunal of the Republic of Poland adopted a decision on 7 October. Conclusions and prospects for the development. Following the decision of the Constitutional Court, the Polish authorities found themselves in a situation that significantly complicated its internal and external situation. The way out of which requires answers to fundamental questions about the legal nature of the EU. Undoubtedly, this is an issue not only between Poland and the EU, but also between other member states.

scholarly journals ICT skills gap in Spain: Before and after a decade of harmonizing the European Higher Education Area

2019 ◽  
Vol 27 (4) ◽  
pp. 934-942
Author(s):  
Ariadna Llorens Garcia ◽  
Joana d’Arc Prat Farran ◽  
Jasmina Berbegal‐Mirabent
Keyword(s):  
Higher Education ◽  
Skills Gap ◽  
European Higher Education Area ◽  
Ict Skills ◽  
Before And After ◽  
European Higher Education

OPINION 2/15 OF THE CJEU: DELINEATING THE SCOPE OF THE NEW EU COMPETENCE IN FOREIGN DIRECT INVESTMENT

2018 ◽  
Vol 77 (1) ◽  
pp. 29-32
Author(s):  
Rumiana Yotova
Keyword(s):  
European Union ◽  
Foreign Direct Investment ◽  
Free Trade ◽  
Direct Investment ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
The Eu

ON 16 May 2017, the Court of Justice of the European Union (CJEU) delivered its Opinion 2/15 concerning the competence of the EU to conclude the Free Trade Agreement with Singapore (EUSFTA) (ECLI:EU:C:2017:376). The Opinion was requested by the Commission which argued, with the support of the European Parliament (EP), that the EU had exclusive competence to conclude the EUSFTA. The Council and 25 of the Member States countered that the EUSFTA should be concluded as a mixed agreement – that is, by the EU and each of its members – because some of its provisions fell under the shared competence of the organisation or the competence of the Member States alone.

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