The Bologna Process From a European Law Perspective

Abstract

The Bologna Process, an intergovernmental process of voluntary policy convergence towards a common higher education structure, poses several concerns from a European law perspective. The Bologna Process takes place outside the institutional framework of the EU, while there would have been legal competence to enact the content of the Bologna Declaration as a Community measure. Hence it could be argued that it was illegal for the Member States to avoid the institutional framework of the EC with its built-in checks and balances. They have obstructed the Community in the attainment of its tasks, which is contrary to Article 10 EC. Moreover, there exist several other objections against the Bologna Process, particularly in terms of democracy, transparency and efficiency. The Bologna Process resembles a deal done in a smoke-filled room, and its voluntary character combined with a lack of coordination prevents its effective implementation.