Compatibility of Dutch School Benefits with EU Law
| Author | Siavash Shamskho,Phedon Nicolaides |
| DOI | 10.1177/1023263X1001700405 |
| Date | 01 December 2010 |
| Published date | 01 December 2010 |
| Subject Matter | Article |
442 17 MJ 4 (2010)
COMPATIBILITY OF DUTCH SCHOOL
BENEFITS WITH EU LAW*
P N** and S S***1
ABSTRAC T
In the Netherlands, students are eligible to receive a subsidy – the so-called ‘tegemoetkoming
scholieren’. However, the Dutch Ministry of Education, Culture and Science limits the
granting of this subsidy only to those students tha t choose to study in the Netherlands.
e question is whether this policy violate s the provisions in the Treaty on the Functioning
of the European Union (TFEU), which protect the r ights of EU students to move freely in
order to obtain education in their countr y of choice.
We explain that Member States are bound by EU law not to adopt measures that limit
student mobility. More specically, the non-granting of the Dutch school subsidy to students
who pursue education in other Member Sta tes infringes Article 21 TFEU.
We also consider why the Dutch measure is still in force and why it has not been challenged
by the many Dutch students who study abroad or by the European Commission. We test
whether the national legal or EU system can assist aggrieved students and we conclude that
it is very dicult for them to nd redress when Dutch policy is not even recognized as being
contrary to fundamental EU pr inciples.
Keywords: free movement of students; SOLVIT; tegemoetkoming scholieren; u nion
citizenship
§1. INTRODUCTION
In the Netherlands, students are eligible to receive a subsidy – the so-called tegemoetkoming
scholieren. However, t he Dutch Mi nistry of Education, Cultu re and Science limits the
granting of th is subsidy only to those students that chose to study in t he Netherlands. If
* We are grateful to Ioa na Rusu and an anonymou s referee for comments on a previous d ra.
** Professor, European I nstitute of Public Adm inistration, Maa stricht (NL).
*** Assis tant, European In stitute of Public Admi nistration, Maas tricht (NL).
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