MARIA PIA  BELLONI 

La politica dell'istruzione superiore nella Comunità Economica Europea 

N. 164

Summary - The vocational training provided by art. 128 of the Treaty of Rome is the only general reference to a common higher education policy. In the pre-Maastricht EEC Treaty the words "education" or "university" were not even mentioned. A community engagement in this field is progressively developing thanks to the interpretations of the Court of Justice of both the content and the limits of vocational training. This term now includes virtually all types of University or higher education courses. The requirement for a common higher education policy is even more evident in view of the implementation of the Internal Market, particularly after the approval of the Council Directive 89/48 of 21st December 1988 on a general system for the recognition of higher education diplomas awarded upon completion of professional education and training of at least three-year duration. The free movement of professionals is closely linked to education in its European dimension, and a common policy in this field appears to be indispensable to achieve an effective respect of the right of establishment and to provide services. Thus, the lack of such a program would compromise the aim of Directive 89/48, and alter its inspiring principles. In addition, the lack of a common higher education policy would limit the expectations of European students to study and specialize in another Member State under the same conditions as the States nationals, whereas a better education appears to be indispensable especially in a more competitive Market. The Maastricht Treaty acknowledges for the first time the Importance of education in the process of European integration, and also provides a rule (art. 126), although with some ambiguity. On the one hand, a formal competence of the Community in the field of education is acknowledged; on the other hand, "subsidiarity", that is respect for the primary responsibility of national (or regional) authorities in this field, is much insisted upon. The objectives indicated by art. 126 are very broad and could justify almost any measures. Unfortunately, they are limited as to the legal instruments to be used by the Community. It can once more be predicted that progress in this field will be largely based upon the sentences of the Court of Justice that will guarantee the respect of the obligation for the achievement of a common policy in education.