Higher Education in Cyprus Before and After Accession: Legal and Financial Prospects
Cyprus’ accession to the EU on 1st May 2004 marks the beginning of a new legal process: the process of application and monitoring of the acquis communautaire in Cyprus, following the harmonization process prior to accession. In the field of higher education, the acquis is quite unusual as it takes a different form: there are very few legally binding Community rules which must be enforced, but there is a core of European policies on higher education which should be followed. In particular, Cyprus has ratified the Bologna Declaration in 1999 and, as a member state of the EU, participates in the Lisbon Strategy. This means that it is under an obligation – at least moral, if not legal - to implement the various policies determined at Community level. Financial opportunities are also widely available, according to rules pre-determined at Community level. The EU has therefore created a certain degree of dependence of member states on Community policies through financial assistance, in an area traditionally reserved to member states.
The exercise of implementation is a difficult one and is rendered even more complex for Cyprus due to the unique characteristics of its higher education system. The vital importance of private tertiary education which, until recently, was the only type of education available on the island, and the regulatory framework applicable to private institutions, are two examples of such peculiarities. Its unique political situation in the EU also bears an impact on its higher education system. So, how is Cyprus coping with this particular area of Community law and what suggestions can be made to enhance this relationship? Although the Policy Paper does not provide a comprehensive review of the higher education systems in Cyprus and in Europe, it emphasises some of their drawbacks and analyses the way such issues were addressed, both in Europe and in Cyprus. In a nutshell, the Paper underlines the imbalance between public and private tertiary education in Cyprus, as evidenced by the absence of public expenditure in favour of private institutions as well as by the regulatory framework applicable to them. The Paper focuses on certain important issues, such as the freedom to provide services (issues of recognition of degrees, freedom of establishment, quality assurance) or the process of institutionalisation in Cyprus (infrastructures, role of the State and private enterprise, utilisation of EU funding in higher education). Following Cyprus’ accession to the EU, one must now look at these issues from a Community law perspective, as Cyprus must adjust to its new environment. In particular, one may wonder whether the treatment of private institutions and/or of students could give rise to instances of unfair treatment according to EU principles.
Research & Development Center - Intercollege
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