The Constitutional Council makes free higher education

By Camille Stromboni Posted today at 10:29, updated at 10h45

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The echo should go beyond our borders. On Friday, October 11, the Constitutional Council released a highly anticipated decision endorsing the principle of free university. An announcement that may be a serious setback for the government, which decided in November 2018 to increase university fees for foreign students abroad. This reform had led to widespread protest in the university community, among students, teachers and university presidents.

"The Constitutional Council deduces unedited from the thirteenth paragraph of the Preamble to the Constitution of October 27, 1946 that the constitutional requirement of free admission applies to public higher education", says the institution. It was seized in July of a priority issue of constitutionality, following the appeal of several student organizations – the National Union of Students in Rights, Management, AES, Economics, Political and Social Sciences (Unedesep), the association of the National Office of Engineering Students and the National Federation of Psychology Students.

These student associations had challenged, before the Council of State, the decree of 19 April 2019, which sets the new fees for foreign students coming from outside the European Union, up to 2770 euros in license (against 180 euros for French and European students) and 3,770 euros in master (against 243 euros). The administrative court decided to stay the proceedings until July 24, when the Constitutional Council decided the question of constitutionality raised.

"The Nation guarantees the equal access of the child and the adult to education"

The Preamble to the Constitution of October 27, 1946 provides that "The Nation guarantees the equal access of the child and the adult to education" and "The organization of free and secular public education at all levels is a duty of the State", defended the student associations. However, it has never before been specified whether or not higher education is affected by this principle, in the same way as primary and secondary education. It's done.

The highest court specifies, for the first time, how this obligation of free service applies in a particular university world, since there are tuition fees. "This requirement does not preclude, for this level of education, that low tuition fees are levied, write the constitutional judges. Taking into account, where appropriate, the financial capacities of the students. " Next step on the legal ground: the Council of State will have to reconsider this decree with regard to the requirement of free of charge fixed by the Constitutional Council.