Free movement of students and the protection of national educational interests: reflections on Bressol and Chaverot

Free movement of students is one of EU law's most important achievements, but it cannot be denied that its beneficiaries are in fact free-riders who enjoy education to the financing of which they do not significantly contribute. The legitimacy of EU law is at stake when it condones situations in which 50%, 60%, 70% and sometimes even more of the chairs in lecture halls and classrooms are occupied by non-resident students. Bressol and Chaverot demonstrates that the ECJ has an eye on national educational interests, but suggests that these can only justify restrictions on non-residents' access in exceptional circumstances