In February 2006, a proposal aimed at limiting the number of foreign students to 30% in seven subjects, such as veterinary medicine and physiotherapy, was tabled by the minister for higher education for the French-speaking community of Belgium, Marie-Dominique Simonet. The new law would in practice mainly limit the number of French students, who currently account for 86% of students in veterinary medicine, for example.
So far, foreign students have, in most cases, had free access to studies in Belgian institutions. French students are often better prepared for the admission tests than their Belgian counterparts and thus win the places. The government of the French-speaking community of Belgium argues that imposing quotas is necessary to preserve the educational system and to avoid a lack of Belgian specialists in some professions.
The Federation of French-speaking students in Belgium (Fédération des étudiants francophones - FEF) strongly opposes the proposal, which, according to it, "violates the principle of student mobility". Teaching staff, who fear losing jobs, have taken the side of students.
The new law is set to come into force on 1 September 2006 if it passes a government second reading. The European Commission does not comment on national laws under preparation, but could, once the law enters into force and if it is judged incompatible with the EU legislation on free movement of persons, take legal action against Belgium.
This case is not the first of its kind in the EU. In 2005, Austria (see EurActiv 7 September 2005 and 11 July 2005) faced a European Court of Justice (ECJ) ruling for having indirectly discriminated against non-Austrian, mainly German, students. The ECJ stated that by only admitting non-Austrian students if they could prove that they had also qualified for a corresponding place in their home country, Austria had failed to ensure that "holders of secondary education diplomas awarded in other member states have access to higher and university education under the same conditions as holders of Austrian secondary education diplomas".
