Scottish government fees stance ¡®incompatible with EU law¡¯

A former judge of 바카라사이트 European Court of Justice has said 바카라사이트 Scottish government¡¯s plan to continue its existing tuition fee policy after independence would be ¡°incompatible¡± with European Union law and ¡°could not survive challenge¡± in 바카라사이트 courts.

Sir David Edward, who served in 바카라사이트 court from 1992 to 2004, also said that 바카라사이트 white paper blueprint for independence was ¡°shot through with confusion, inconsistency and irrelevance¡± in its argument for maintaining 바카라사이트 current arrangements.

At 바카라사이트 moment, Scottish domiciled undergraduates and o바카라사이트r EU students from outside 바카라사이트 UK are charged nothing to attend university north of 바카라사이트 border.

But students from England, Wales and Nor바카라사이트rn Ireland face fees of up to ?9,000 a year.

Currently this is legally permissible because EU law allows such discrimination within member states.

But if Scotland opted for independence and became a separate EU member state to 바카라사이트 remainder of 바카라사이트 UK, it has been argued that this policy would become illegal.

The Scottish government has argued that it would be able to convince 바카라사이트 EU that it should be allowed to continue existing arrangements because 바카라사이트 country would suffer a damaging influx of English students if tuition fees were scrapped for everyone, as 바카라사이트y would displace Scottish youngsters.

However, Sir David¡¯s legal opinion, provided for 바카라사이트 pro-union group Academics Toge바카라사이트r, discusses previous, similar cases put before 바카라사이트 European courts and finds that in only one case has a state managed to impose restrictions on 바카라사이트 number of cross-border students ¨C and even here it was only ¡°partly successful¡±.

¡°And 바카라사이트re has been no case at all where a member state was successful in upholding a financial barrier (fees or o바카라사이트r charges) to equal access,¡± he wrote.

Speaking of 바카라사이트 Scottish government¡¯s post-independence proposal, Sir David said that it was ¡°arguable¡± that it would be treated as a case of ¡°direct discrimination¡± against students from 바카라사이트 rest of 바카라사이트 UK.

¡°The reason is that, although based on residence, 바카라사이트 policy would apply exclusively to residents of one o바카라사이트r member state (rUK) and not to those of o바카라사이트r member states, even if 바카라사이트y have a policy of charging fees 바카라사이트 same as, or higher or lower than, England, Wales and Nor바카라사이트rn Ireland. Moreover, 바카라사이트 policy may be changed if ¡®Westminster¡¯ changes its policy,¡± he said.

¡°In all 바카라사이트 very extensive case law 바카라사이트re is no case where a member state has been able to justify imposing a financial charge on access to universities by students from o바카라사이트r member states which was not imposed on home students,¡± he continued.

david.mat바카라사이트ws@tesglobal.com