Turkish nationals and the right to study in the European Union: a progressive interpretation

This contribution has as its main aim to analyse the rights that a Turkish national can derive from EU law, and in particular the Ankara Agreement acquis, with a view to engage in a course of study in one of the Member States of the European Union. In that regard, it is argued that a progressive interpretation of the applicable legal regime supportive of free movement of students is both necessary and warranted as (greater) student mobility may contribute to a closer relationship between the peoples of the (Member States of the) EU and Turkey as well as the realisation of mutual economic benefits. Coupled with the fact that the Ankara acquis allows for broad room of interpretation, this point of departure is used as a springboard and justification for reading an extensive set of rights into the acquis, including a right of entry and residence for study purposes, equal treatment with host Member States as regards access to education and under certain circumstances rights of access to the labour market and/or equal treatment as regards study grants.