European Universities Alliances and the Law

This book addresses legal issues raised by the institutionalisation of European Universities Alliances and suggests ways to facilitate sustainable academic cooperation towards a truly "European university". Since 2017, the EU's European Universities Alliances (EUAs) initiative has sought to forge cross-border connections between higher education institutions and enhance academic cooperation across Europe. In 2023, the EU launched ten pilot projects to explore legal structuring and facilitate European degrees, applying an innovative governance model to address these needs. This book brings together insights from researchers across Europe, analysing complex legal questions, from defining an appropriate legal status for EUAs to delineating membership, governance, and operational models that align with both EU and national laws. It demonstrates how, as these alliances navigate the challenges of cross-border resource, staff, and data sharing, they face the dual imperative of complying with EU regulations on data protection and competition while also integrating into diverse national legal systems. This book will be of interest to researchers in the field of EU law, legal education and governance. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC BY-NC-ND) 4.0 license.

Barbara Gagliardi is Professor in Administrative and Public Law, University of Turin, Italy. Damien Bouvier is Associate Professor of Public Law, University Savoie Mont Blanc, France. Alexandre Guigue is Professor of Public Law, University Savoie Mont Blanc, France. Arnaud Lecourt is Professor of Private Law, University of Pau et de Pays de l'Adour, France. Louis-Marie Chauvel is Doctor of Laws and Associate Member at the Institut de l'Ouest Droit et Europe, University of Rennes and Legal Assistant at the General Court of the European Union.

Introduction PART I: The Institutionalisation of EUAs The Legal Status and Possible Models of European University Alliances 1. The EU Competence in Higher Education: Evolution, Instruments and Limits 2. European Groupings of Territorial Cooperation (EGTCs) and European Economic Interest Groupings (EEIGs) as Instruments for Academic Cooperation at the International Level 3. The Legal Regime of an EEIG Composed of Public Legal Entities 4. The Participation of Non-EU Higher Education Institutions in European University Alliances Transnational Administrative Law and European University Alliances 5. The Ability to Adopt Legal Acts: A Defining Feature for Euas. Hypothesis Of an EUA Created as an EGTC Between Public Universities 6. The Legal Regimes of Disputes arising from the Activities of the European University PART II: The Adaptation of EUAs to Higher Education Law Academic Principles 7. European University and Academic Freedom 8. European University and University autonomy across Europe Academic Quality 9. European University: The Challenge of Accreditation 10. The Mutual Recognition of Degrees within the European University Academic Communities 11. Free Movement of Academics and European University Alliances 12. Free Movement of Students within the European University PART III: The Integration of EUAs in the Internal Market EUAs and Competition Law 13. Academic Activities, Funding and Competition within European Universities 14. Between Public Procurement and Cooperation: The Locus Standi of European Universities 15. Service of General Economic Interest and Academic Activities 16. Financing Academic EEIGs: The Case for Private and Philanthropic Investment in Cross-Border Higher Education 17. The Cooperation between Private Corporations and Public Universities within an Academic EEIG EUAs, Data and Intellectual Property Law 18. Sharing Data between Universities within an Alliance 19. The Legal Regime of Intellectual Property in the Context of Academic Cooperation Conclusion - The Long Road towards European Universities Fabienne Péraldi-Leneuf