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The Active Freedom of Education in Higher Education: the Organisational Freedom of Flemish Higher Education Institutions

The active freedom of education has played an important role in the history of education in Belgium: the fact that both public and private schools are competent for certification and are subsidised by the government for example, is the consequence of a political and legal balance that has evolved over the years. However, the main focus is put on primary and secondary education, both from a societal as a legal point of view. It is not discussed that the active freedom of education – which protects the right to establish education institution and, the pedagogical and organisational freedom – is applicable to higher education institutions but the extent of it has not been cleared out.

This research will explore the scope of that freedom applied to the organisational freedom of Flemish higher education institutions. Within the framework of article 24 of the Belgian constitution – which provides this freedom of education – it will be researched if and to what extent the government can regulate e.g. the governmental supervision, the organisation of the courses, learning outcomes … For reaching that goal, a legal historical research will be carried out followed by a legal comparative one.


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