Background of the EU Implementation Decision
On 15 December 2022 the European Council adopted Implementing Decision (EU) 2022/2506, aimed at protecting the EU budget from rule‑of‑law violations in Member States. One of the measures in the decision prohibited universities that had been found to lack sufficient institutional independence from participating in EU‑funded programmes such as ERASMUS and receiving European research grants. Hungary’s higher‑education system was singled out, and the University of Debrecen, one of the country’s largest research institutions, advanced the claim that the decision was both unlawful and excessive.
From the university’s perspective, the ban meant that roughly 40,000 students and over 2,000 faculty members were excluded from mobility and research opportunities that are core to a modern academic environment. The decision not only curtailed student exchange but also stopped the university from entering joint research projects that bring in external funding and expertise.
University’s Grounds for Legal Action
On 2 March 2023 the University of Debrecen filed a lawsuit against the Council of the European Union at the General Court of the European Union. The complaint centred on Article 1(2) of the Implementing Decision, which the university argued violated several provisions of the Treaty on the European Union (TEU), the Charter of Fundamental Rights of the European Union (CFREU) and the procedural rules governing EU decisions (Article 263 TFEU).
The university cited nineteen legal grounds. Key points of contention included:
- Violation of the Charter’s right to freedom of movement for students and researchers.
- Disproportionate restriction of a single institution without a case‑by‑case assessment.
- The decision overlooked the university’s recent accreditation audit conducted by Price Waterhouse Coopers, which confirmed the level of institutional independence.
- Potential conflict with the EU’s own internal governance rules, especially regarding State aid and conflict‑of‑interest provisions.
Key Arguments Presented by the University
During the oral hearings, Rector elect Professor Zoltán Bács and Board Chairman György Kossa took the floor. Their main messages were:
- Academic Freedom Sidelined: The decision jeopardises the essence of the European research and education model. By halting ERASMUS mobility, the university is effectively barred from participation in a programme designed to foster intercultural academic exchange.
- Legal and Moral Violation: The ban lacks proportionality and misinterprets the intended scope of the Implementing Decision. It amounts to a blanket punishment rather than a targeted remedy.
: The PWC audit demonstrated that the university’s governance structure adhered to all EU criteria for autonomy. Despite this, the decision was still enacted, creating a position of unfair discrimination. : The case highlights a risky path for the EU, where a single decision can influence thousands of academia‑related processes and students’ career paths.
Implications for Academic Freedom and ERASMUS Mobility
A ruling in favour of the University of Debrecen would send a clear signal to the EU. It would confirm that institutional exemptions must be justified on a case‑by‑case basis, and that blanket bans infringe on fundamental EU freedoms. For Hungarian universities, the decision would mean a potential reopening of the door to ERASMUS and research collaboration, but also a renewed scrutiny of governance structures and conflict‑of‑interest policies.
For students, a successful outcome would restore the possibility of studying abroad, accessing European scholarships, and participating in joint research projects. It would also re‑establish the university’s reputation as an engaging partner in European academia, reinforcing Hungary’s position inside the EU’s higher‑education network.
Next Steps and Expected Outcomes
The General Court will now weigh the university’s arguments against the EU’s positions. The decision phase may last several months, as the court examines evidence, hears expert testimony, and considers the legal interpretations of key EU treaties. Once the General Court has rendered a verdict, the case may progress to the Court of Justice for final review.
Were the decision reversed, Hungarian higher‑education institutions would reclaim access to EU programmes and safeguards against politically motivated restrictions. Conversely, a ruling upholding the ban could force universities to adapt their governance models to avoid future exclusion.
Take Action and Stay Informed
Stakeholders who want to remain updated on this landmark case can follow the official university announcements.
Prospective students looking to join the University of Debrecen are encouraged to submit your application today; exploring admission can give you a clearer picture of how the university’s programmes align with your academic goals.
Faculty and researchers who are part of EU collaboration projects can schedule a free consultation with our international office to understand how this case might affect ongoing or upcoming projects.
If you’re a graduate or alumnus with insights on the impact of ERASMUS mobility, we invite you to share your experiences in the comments below; community stories enrich our collective knowledge and help shape future educational policy.
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