Application of Directive on services in higher education

Sa？etak Authors in this paper analyse whether Directive 2006/123/EC European Parliament and Council of 12 December 2006 on the services in the internal market and in the system of higher education is being applied. Existing theoretical observations are shown on this problem area as is the practice of the European Union Court. The authors demonstrate that the problem area is extremely complex on which there is no consensus in theory. Existing European Court practice provides answers to certain questions. However, the Court has not given answers to many questions that can be raised given concerning possible application of this Directive on the system of higher education. The synthesis of theory and practice will demonstrate in the authors’ opinion, that the stated directive is not applicable to the system of public further education. That is, the authors propose that the system of further education is the exclusive prerogative of member states who independently decide on what kind of higher education system they wish to have