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Higher Education Institutions in the EU: Between Competition and Public Service (Hardcover, 1st ed. 2017)
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Higher Education Institutions in the EU: Between Competition and Public Service (Hardcover, 1st ed. 2017)
Series: Legal Issues of Services of General Interest
Expected to ship within 10 - 15 working days
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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.
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