Free movement of students and access to social advantages: The ‘EU student’ as a holder of individual rights

Abstract

EU law does not create a uniform status for those who seek financial support to pursue higher education studies in a different Member State: students may do so in their capacity of EU citizens, or, whether possible, they may rely on their parents’ rights as EU migrant workers. However, understanding educational benefits as social advantages to be enjoyed by the students’ parents creates tensions within free movement law, both on a systemic and on an individual level. Creating an autonomous status for students exercising their right to free movement not only would clarify who should bear the costs of financing their studies between the home and the host State, but would also avoid risks of differential treatment, as occurred in the recent case MCM v Centrala studiestödsnämnden.