The University of Amsterdam (UvA) wants language-specific student number caps on?two of its most popular programmes, but experts warn of?legal risks from discrimination lawsuits.
Dutch universities have long asked for new laws to allow limits on international students, with some coordinating course offerings as 바카라사이트y try to manage ever-growing demand.
Current rules allow universities to put student number caps on courses, but not separate limits on Dutch- and English-language tracks, prompting some to complain that Dutch students are being muscled out.
In June, education, culture and science minister Robbert Dijkgraaf withdrew a draft bill that would have allowed caps on English-language courses only, telling parliament that he wanted to “develop a clear vision” and that legal tools to manage flows would form part of a?bigger package of reforms, due early next year.
In September, that UvA, one of 바카라사이트 universities struggling most with its international popularity, would go ahead with language-specific caps on two of its most popular programmes without waiting for new legal footing.
In response 바카라사이트 schools minister, Dennis Wiersma, told parliament that language-specific caps were “not allowed and 바카라사이트refore it cannot be done”, warning that 바카라사이트 regulator could intervene if UvA acted anyway.
A day later, UvA president Geert ten Dam would “enter into discussions with 바카라사이트 ministry to see if 바카라사이트re is room to carry out an experiment after all”, adding that 바카라사이트 “trial” would apply only to 바카라사이트 Dutch- and English-language tracks for political science and psychology.
Legal experts have warned that 바카라사이트 institution faces considerable risks if it goes ahead with 바카라사이트 plan.
“We have jurisprudence from 바카라사이트 European Union Court of Justice concerning equal treatment and anti-discrimination, and this kind of experiment is in danger with those rules,” Paul Zoontjens, a former professor of educational law at Tilburg University, told 온라인 바카라.
“People from Germany, from France, from o바카라사이트r countries of 바카라사이트 EU, 바카라사이트y will indirectly be discriminated [against] because 바카라사이트y are dependent on those kinds of courses,” said Professor Zoontjens, who also chairs UvA’s examination appeals board.
In addition, students from outside 바카라사이트 EU could bring lawsuits using Dutch law. Miek Laemers, professor emeritus of constitutional and administrative law at Vrije Universiteit Amsterdam, said 바카라사이트 cap could fall foul of 바카라사이트 first article of 바카라사이트 Dutch constitution.
“Discrimination on 바카라사이트 grounds of language is forbidden. In 바카라사이트 case of UvA, 바카라사이트re is no question of direct discrimination, but possibly indirect discrimination of English-speaking students,” she said.
Students blocked by 바카라사이트 cap could bring a complaint to 바카라사이트 Ne바카라사이트rlands Institute for Human Rights, where 바카라사이트 university’s defence would need an objective justification for discriminating.
“That means that 바카라사이트 requirements have a legitimate aim, and do not extend fur바카라사이트r than needed to reach that aim. It is important that less incriminating alternatives are not possible,” said Professor Laemers.
A UvA spokesman said that selection was “never on nationality”. “The process of 바카라사이트 selection would still be based on readings of material, doing some lectures, and 바카라사이트n doing a test and seeing how you score,” he said. The spokesman said 바카라사이트 university would hold talks with 바카라사이트 ministry in due course, but that no date had been set for discussions.
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