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Legal Issues of Services of General Interest

Higher Education Institutions in the EU: Between Competition and Public Service

Authors: Gideon, Andrea

  • Provides an in-depth appreciation of competition law effects on higher education institutions
  • Contains an empirical study of three Member States’ higher education institution sectors
  • Combines legal doctrinal and empirical research with insights from other disciplines such as political science and education studies
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eBook $109.00
price for USA (gross)
  • ISBN 978-94-6265-168-5
  • Digitally watermarked, DRM-free
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  • Immediate eBook download after purchase
Hardcover $149.00
price for USA
  • ISBN 978-94-6265-167-8
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

This book investigates the impact of EU law and policy on the Member States’ higher education institution (HEI) sectors with a particular emphasis on the exposure of research in universities to EU competition law. It illustrates how the gradual application of EU economic law to HEIs which were predominantly identified as being within the public sector creates tensions between the economic and the social spheres in the EU. Given the reluctance of the Member States to openly develop an EU level HEI policy, these tensions appear as unintended consequences of the traditional application of the EU Treaty provisions in areas such as Union Citizenship, the free movement provisions and competition policy to the HEI sector. These developments may endanger the traditional non-economic mission of European HEIs. In this respect, the effects of Union Citizenship and free movement law on HEIs have received some attention but the impact of EU competition law constitutes a largely unexplored area of research and this book redresses that imbalance. 

The aim of the research is to show that intended and unintended consequences of the EU economic constitution(s) are enhanced by a parallel tendency of Member States to commercialise formerly public sectors such as the HEI sector. The book investigates the potential tensions through doctrinal analysis and a qualitative study focussing on the exposure of HEI research to EU competition law as an under-researched example of exposure to economic constraints. It concludes that such exposure may compromise the wider aims that research intensive universities pursue in the public interest. 

Andrea Gideon is a Postdoctoral Research Fellow at the Centre for Law & Business (National University of Singapore) for which she has suspended her position as Lecturer in Law at the University of Liverpool. In her current project she is investigating the application of competition law to public services in ASEAN. Her previous research concerned tensions between the economic and the social in the EU with a focus on EU competition law in which research area she earned her PhD at the University of Leeds in 2014.

Table of contents (6 chapters)

  • Introduction: An Interdisciplinary Analysis of the Mission of European Higher Education Institutions and Potential External Constraints

    Gideon, Andrea

    Pages 1-19

  • The Position of Higher Education Institutions in EU Policy and Law

    Gideon, Andrea

    Pages 21-45

  • Higher Education Institutions and EU Competition Law

    Gideon, Andrea

    Pages 47-113

  • The Structure of Research Funding in Germany, the Netherlands and England (UK)

    Gideon, Andrea

    Pages 115-167

  • Empirical Study

    Gideon, Andrea

    Pages 169-237

Buy this book

eBook $109.00
price for USA (gross)
  • ISBN 978-94-6265-168-5
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $149.00
price for USA
  • ISBN 978-94-6265-167-8
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Higher Education Institutions in the EU: Between Competition and Public Service
Authors
Series Title
Legal Issues of Services of General Interest
Copyright
2017
Publisher
T.M.C. Asser Press
Copyright Holder
T.M.C. Asser Press and the author
eBook ISBN
978-94-6265-168-5
DOI
10.1007/978-94-6265-168-5
Hardcover ISBN
978-94-6265-167-8
Edition Number
1
Number of Pages
XXXIII, 272
Number of Illustrations and Tables
1 b/w illustrations
Topics