By Leo Gasteen
The European court of Justice has ruled that Belgium should provide evidence that a 2006 Decree, which limits the number of foreign students enrolling in medical schools to 30%, is appropriate and proportionate.
For some years, the French Community of Belgium has noted a significant increase in the number of students from other Member States, in particular France, enrolling in its institutions of higher education, in particular in nine medical or paramedical courses
The decree of 16 June 2006 sites that universities and schools of higher education are obliged to limit the number of students not considered as resident in Belgium. The level of foreign students enrolled in medical schools prior to the decree was at 75% compared with 30% in 2009.
The case against the decree was brought by 63 non-resident students. The Belgian Constitutional Court then asked the European Court for guidance on the decree’s compatibility with EU law.
The ECJ noted that the legislation in question created a difference in treatment between resident and non-resident students. Such a difference in treatment constitutes indirect discrimination on the ground of nationality which is prohibited, unless it is objectively justified.
The ECJ concluded that it is up to the national courts to assess the facts of the case and interpret the national legislation, in order to determine whether and to what extent such legislation is justified.
Case: C-73/08
