The European Union's Court of Justice has ruled in favour of a Luxembourg student who filed a complaint against a Belgian university for denying him access to medical studies. The young Luxembourger took the case to court after he was denied entrance on the basis of being a foreign student residing abroad.
The quota system in French-speaking Belgium limits the number of foreign medical students to just 15% every semester, based on their place of residence.
When the Luxembourg student applied in 2022, the quota was 30% (it was later halved in 2023). Although he lived in Luxembourg, he had attended school in Arlon, just across the Belgian border, and had achieved his diploma there as well.
Although he passed the entrance exam for the university's medical studies course, the university denied him a place due to his residence in the Grand Duchy.
Consequently, the student appealed to the Belgian Council of State to contest his refusal of admission to higher education. The institution ultimately requested an analysis from the European Union's Court of Justice.
The Court ruled that Belgium should have taken into account the student's attachment to Belgium, and the fact he had not only completed his schooling in Belgium, but established strong ties with the country. Based on this, the Court said that the "exclusive" residency requirement of the quota exceeded the initial purpose of the law and constituted indirect discrimination based on nationality.
Now, the Belgian Council of State will have to rule on the case. Its decision will officially determine whether or not the Luxembourg student could be subjected to the limit on the number of foreign students in Belgium, despite having graduated there.
The Court's ruling and the Council of State's decision will certainly be landmark decisions for future students affected by this issue.
