We are presenting the series of articles concerning rights and obligations of foreign students in EU – today part I about “students directive” and CJEU case – law.
European Economic Community was established in 1957 and initially its activity was focused mainly at economic development of Member States. In time the cooperation deepened and young Europeans desired to study in other MS. At the same time third countries nationals become interested in studies at European universities – mostly those coming from post-colonial countries or having family members in EU.
Developing Migration Policy, European Union adopted so called „students directive” which governs the rules of entry and stay of TCN students in EU (COUNCIL DIRECTIVE 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service, available here).
Moreover the Court of Justice passed an interesting judgment concerning the “students directive” in case Mohamed Ali Ben Alaya v Federal Republic of Germany (case C- 491/13, ruling available here).
The party of proceedings was Tunisian graduate born in 1989 in Germany. Mr. Mohamed left Germany in 1995 and started studies in Tunis. Then he decided to start studies in Germany, where his father was living. Mr. Alaya was registered on Technische Universität Dortmund for few Times but parallel was negative visa decision.
The general conditions on admission for third country nationals are prescribed in articles 6 and 7 of “students directive” and national authorities cannot refuse issuing the visa basing on its discretion.
In the discussed case the German authorities were refusing to issue a visa to Mr. Ben Alaya basing: “on doubts as to his motivation for wishing to study in Germany, particularly in the light of the inadequacy of the grades previously obtained, his weak knowledge of German and the fact that there was no connection between his proposed course of study and his intended career“.
Finally the CJEU stated that Member States have no right to impose any new requirements and conditions for visas except for those prescribed in the directive. Thereby thanks to the ruling Mr. Ben Alaya was able to start studies in Germany.
Presently, due to the data published by Study in Poland, there are 57 119 foreign students in Poland coming from 157 countries.We are happy you are here!
Useful info:
- You can read about European Students in Web studyineurope.eu
- About studies in Poland go here studyineurope.eu and here www.studyinpoland.pl