European Education, Research, and Cultural Cooperation: Legal Competences and Funding

European Education, Research, and Cultural Cooperation: Legal Competences and Funding

Introduction

Education, scientific research, and cultural cooperation occupy a distinctive position in the constitutional and institutional structure of the European Union. They are central to Europe’s social, intellectual, scientific, and economic development, yet the Treaties do not give the Union general authority to harmonise national education systems, determine the content of school curricula, or impose a uniform cultural policy on Member States. Instead, they establish a framework of supporting, coordinating, and supplementary competences through which the EU can encourage cooperation, facilitate mobility, promote research, preserve cultural heritage, and strengthen the European dimension of education.

This allocation of powers reflects an important constitutional choice. Education and culture are closely connected with national identity, language, historical experience, institutional traditions, and democratic self-government. Member States therefore retain primary responsibility for organising their education systems and defining cultural policy. At the same time, scientific research, academic mobility, technological development, cultural exchange, and the recognition of qualifications increasingly operate across national borders. The Union consequently has a legitimate role in creating common opportunities, financing cooperation, removing barriers, and coordinating policies where collective action offers benefits that individual states cannot achieve as effectively in isolation.

The legal framework is not confined to one Treaty provision or one funding programme. It combines Articles 6, 165, 166, 167, and 179–190 of the Treaty on the Functioning of the European Union (TFEU), the Charter of Fundamental Rights of the European Union, secondary legislation, institutional programmes, and international cooperation arrangements. It also interacts with internal-market law, free movement, professional qualifications, intellectual property, competition law, data protection, and the EU’s broader economic and social objectives.

Three principal policy areas must be distinguished.

Education cooperation focuses on improving the quality and accessibility of learning, supporting mobility, facilitating recognition of qualifications, encouraging language learning, and developing cooperation between educational institutions. Research policy seeks to strengthen the scientific and technological foundations of the Union, finance collaborative research, promote innovation, and develop the European Research Area. Cultural cooperation supports artistic and cultural exchange, the preservation of heritage, the circulation of cultural works, creative industries, and respect for Europe’s cultural and linguistic diversity.

The distinction between these areas is important because their legal bases, institutional arrangements, and funding mechanisms are not identical. Education and culture are principally governed by supporting and coordinating competences, whereas research and technological development are organised through a more substantial shared framework in which the Union and Member States can conduct programmes and cooperate in defining common objectives.

This article examines the constitutional distribution of competences, the role of EU institutions, the principal education, research, and cultural programmes, the legal rules governing mobility and recognition, the European Research Area, research ethics and intellectual property, the protection of cultural heritage, and the relationship between EU funding and national autonomy.

1. Constitutional Foundations: The Distribution of EU Competences

The legal starting point is the principle of conferral. Under Article 5 of the Treaty on European Union, the Union may act only within the limits of the competences conferred upon it by the Member States in the Treaties. The extent and manner of its authority therefore depend on the particular policy field concerned.

This principle is especially significant in education and culture. The EU may support, coordinate, and supplement national action, but it cannot use those competences to take over responsibilities that the Treaties reserve to Member States. Research and technological development have a different constitutional classification: the Union has a competence to conduct activities and implement programmes, although Member States retain their own powers to act.

1.1 Supporting and coordinating competences

Article 6 TFEU identifies education, vocational training, youth, and sport, as well as culture, as fields in which the Union has competence to carry out actions to support, coordinate, or supplement the actions of the Member States.

This classification has a specific legal consequence. EU action may facilitate cooperation, provide financial assistance, encourage exchanges, establish networks, and develop common objectives. It does not confer a general power to harmonise national laws and regulations in these fields.

The distinction between supporting action and harmonisation is fundamental. The EU can finance a student mobility programme, support a network of universities, encourage language learning, or promote the conservation of cultural heritage. It cannot, merely by relying on its education competence, impose a single national school curriculum or replace the national systems governing the organisation of universities.

Article 2(5) TFEU clarifies the general nature of supporting competences: legally binding acts adopted under such provisions cannot entail harmonisation of Member States’ laws or regulations. The Union’s actions must remain within the limits established by the relevant Treaty provisions.

1.2 Shared competence in research and technological development

Research and technological development occupy a different position.

Article 4(3) TFEU provides that, in the areas of research, technological development, and space, the Union has competence to carry out activities, particularly to define and implement programmes, without preventing Member States from exercising their own competence.

This is a distinctive form of shared competence. It permits the Union to establish and finance substantial research programmes while allowing national governments to maintain their own research policies, scientific institutions, and funding systems.

The practical significance is considerable. A university may receive national research funding and participate simultaneously in an EU-funded consortium. A national research institute may conduct its own programme while joining a European partnership. The existence of EU funding does not automatically displace national competence or centralise research governance in Brussels.

The legal structure encourages cooperation and coordination rather than exclusive European control.

1.3 The principle of subsidiarity

Subsidiarity is particularly relevant to education, research, and cultural cooperation because many objectives can be pursued at national or regional level, while others require cross-border action.

Under Article 5(3) TEU, in areas that do not fall within the Union’s exclusive competence, the Union should act only where the objectives of the proposed action cannot be sufficiently achieved by Member States, either at central, regional, or local level, but can rather be better achieved at Union level by reason of the scale or effects of the proposed action.

The principle helps explain the legal justification for programmes such as Erasmus+ and Horizon Europe.

A national government can finance its own universities, research institutions, museums, and cultural organisations. It cannot, acting alone, create a genuinely European student mobility system, establish a research consortium involving institutions throughout the Union, or coordinate scientific infrastructure that depends on contributions from several countries as effectively as a common programme can.

Subsidiarity does not mean that European action is automatically preferable. It requires an assessment of whether the proposed intervention has a demonstrable added value at Union level.

1.4 Proportionality

Article 5(4) TEU requires that the content and form of Union action not exceed what is necessary to achieve the objectives of the Treaties.

In these policy fields, proportionality helps preserve national autonomy. A funding programme intended to encourage university cooperation should not become a mechanism for controlling national academic structures. A cultural initiative intended to promote European heritage should not impose a single interpretation of national histories or artistic traditions.

The legal question is whether the measures adopted are suitable and necessary for the objectives pursued, while respecting the boundaries of the competence conferred.

1.5 The European dimension and national identity

Education and culture are closely connected with national identity, historical memory, language, and institutional tradition.

Article 4(2) TEU requires the Union to respect the equality of Member States before the Treaties and their national identities, inherent in their fundamental political and constitutional structures, including regional and local self-government.

This provision does not prevent European cooperation in education or culture. Rather, it establishes a constitutional context in which such cooperation must operate.

The Union can promote multilingualism, historical understanding, cultural exchange, and common educational opportunities without requiring Member States to abandon their linguistic, cultural, or constitutional particularities.

European cooperation is therefore based on the coexistence of national educational and cultural systems, not their replacement by a single uniform model.

2. Education Policy: Article 165 TFEU

Article 165 TFEU is the principal Treaty basis for EU action in general education, including the European dimension of education and cooperation between educational institutions.

It establishes a supporting competence with clearly defined objectives.

2.1 Objectives of European education cooperation

Article 165(1) provides that the Union should contribute to the development of quality education by encouraging cooperation between Member States and, where necessary, by supporting and supplementing their action.

The provision identifies several objectives, including:

• Developing the European dimension in education, particularly through the teaching and dissemination of the languages of Member States.
• Encouraging mobility of students and teachers.
• Promoting academic recognition of diplomas and periods of study.
• Developing exchanges between educational establishments.
• Encouraging cooperation between educational institutions.
• Developing information and experience exchange on issues common to national education systems.
• Encouraging the development of distance education.

The provision also requires the Union to contribute to the development of youth exchanges and participation in the democratic life of Europe.

These objectives demonstrate that the European education competence is primarily concerned with access, cooperation, mobility, and quality rather than the harmonisation of national educational structures.

2.2 The limits of EU authority over national education systems

Article 165(1) expressly requires the Union to respect the responsibility of Member States for the content of teaching and the organisation of their education systems, as well as their cultural and linguistic diversity.

This limitation has several consequences.

Member States remain responsible for determining school curricula, compulsory education requirements, the organisation of school years, teacher qualifications, national examination systems, and the institutional structure of their education systems, subject to other applicable EU obligations.

The Union may encourage the teaching of foreign languages, support digital education, facilitate student mobility, and promote the exchange of educational practices. It cannot use Article 165 as a general legal basis for replacing national curricula with a uniform European curriculum.

The same distinction is relevant to higher education. Universities operate within national legal frameworks, and Member States retain responsibility for their institutional organisation and the national systems governing academic qualifications.

2.3 Legislative and non-legislative instruments

Under Article 165(4) TFEU, the European Parliament and the Council may adopt incentive measures, excluding harmonisation of Member States’ laws and regulations, in accordance with the ordinary legislative procedure.

The Council may also adopt recommendations on a proposal from the Commission.

This allows the EU to develop programmes, provide financial incentives, establish cooperation structures, and encourage common policy objectives without acquiring general legislative authority over national education systems.

The distinction between binding and non-binding instruments is important. A recommendation may influence national policy and encourage convergence, but it does not have the same legal effect as a regulation or directive. An EU funding regulation, by contrast, may impose legally binding conditions on the administration and use of programme funds, even though it cannot harmonise national education systems under Article 165.

3. Vocational Training, Skills, and Lifelong Learning: Article 166 TFEU

Vocational education and training are addressed separately in Article 166 TFEU.

The provision requires the Union to implement a vocational training policy that supports and supplements the actions of Member States, while fully respecting their responsibility for the content and organisation of vocational training.

Its objectives include:

• Facilitating adaptation to industrial changes, particularly through vocational training and retraining.
• Improving initial and continuing vocational training.
• Facilitating access to vocational training.
• Encouraging mobility of instructors and trainees, particularly young people.
• Stimulating cooperation between educational and training establishments and undertakings.
• Developing exchanges of information and experience on issues common to national training systems.

The provision recognises that vocational training is closely connected with employment, economic restructuring, industrial development, and the ability of workers to adapt to changing labour markets.

3.1 The relationship between education and employment

The EU’s vocational training competence is particularly important in the context of technological transformation and the transition towards a digital and low-carbon economy.

New occupational requirements may emerge faster than national training systems can respond individually. Cooperation can help identify skill shortages, develop comparable training approaches, and support the recognition of professional learning acquired in different Member States.

Nevertheless, the Union does not acquire general authority over national employment law or the organisation of vocational institutions through Article 166.

3.2 Skills and lifelong learning

The concept of lifelong learning extends beyond formal schooling and university education. It includes continuing vocational education, adult learning, professional retraining, non-formal education, and the development of competences throughout working life.

EU initiatives in this area connect education policy with the internal market, employment policy, social inclusion, and economic competitiveness.

The European Skills Agenda and the Council Recommendation on individual learning accounts are examples of policy instruments through which the Union encourages Member States to improve access to training and develop more responsive systems.

Such initiatives must be distinguished from harmonising legislation. They generally establish common objectives, encourage cooperation, and provide frameworks for national implementation rather than replacing national systems.

4. Culture and Cultural Cooperation: Article 167 TFEU

Article 167 TFEU provides the principal Treaty basis for European cultural action.

It requires the Union to contribute to the flowering of the cultures of Member States while respecting their national and regional diversity and bringing the common cultural heritage to the fore.

The provision reflects a dual objective: protecting cultural plurality and encouraging cooperation around shared European heritage.

4.1 The objectives of EU cultural action

Article 167(2) identifies several areas in which the Union may encourage cooperation:

• Improving knowledge and dissemination of the culture and history of European peoples.
• Conserving and safeguarding cultural heritage of European significance.
• Promoting non-commercial cultural exchanges.
• Supporting artistic and literary creation, including in the audiovisual sector.

These objectives permit the EU to finance cross-border cultural projects, support translation and circulation of literary works, encourage cooperation between museums and cultural institutions, and contribute to the preservation of heritage.

They do not give the Union general competence to determine national cultural policy.

4.2 Respect for cultural and linguistic diversity

Cultural diversity is a constitutional value within the EU legal order.

Article 22 of the Charter of Fundamental Rights provides that the Union shall respect cultural, religious, and linguistic diversity. Article 3(3) TEU also requires the Union to respect its rich cultural and linguistic diversity and ensure that Europe’s cultural heritage is safeguarded and enhanced.

These provisions support an approach in which European cultural cooperation does not depend on cultural uniformity.

The Union’s role is to facilitate exchange, preserve heritage, and support the conditions in which different cultural traditions can coexist and develop.

4.3 Cultural policy and national sovereignty

Member States retain primary responsibility for cultural institutions, national heritage protection, public cultural funding, museums, libraries, archives, and the organisation of artistic and cultural life.

EU action can complement national measures, especially where heritage or cultural activity has a transnational dimension.

For example, the conservation of a historical site may be primarily a national responsibility, but the site’s European significance may justify cooperation, research, and funding from EU programmes. Similarly, the translation of literature between European languages can contribute to cross-border cultural circulation without requiring uniform national publishing policies.

4.4 Cultural considerations in other EU policies

Article 167(4) TFEU requires the Union to take cultural aspects into account in its action under other Treaty provisions, particularly to respect and promote the diversity of its cultures.

This is an important mainstreaming obligation. Cultural considerations may be relevant in internal-market legislation, audiovisual policy, external relations, regional development, digital regulation, and trade policy.

The provision does not automatically override other EU objectives. Rather, it requires cultural considerations to be integrated into the development and implementation of policies where they are relevant.

4.5 International cultural cooperation

Article 167(3) also provides that the Union and Member States should foster cooperation with third countries and competent international organisations in the cultural field, particularly the Council of Europe.

This allows European cultural programmes to extend beyond the EU’s internal borders and supports cooperation with international partners in heritage preservation, artistic exchange, cultural policy, and creative industries.

The Council of Europe remains a separate international organisation from the European Union. Its conventions and cultural initiatives may influence the wider European cultural framework, but they should not be confused with EU legislation.

5. Research and Technological Development: Articles 179–190 TFEU

The EU’s competence in research and technological development is established principally by Title XIX of Part Three of the TFEU, Articles 179–190. These provisions create a more extensive legal framework than the supporting competences governing education and culture.

Article 179 identifies the central objective: strengthening the Union’s scientific and technological bases by establishing a European Research Area in which researchers, scientific knowledge, and technology circulate freely. The objective is connected with the competitiveness of European industry, the development of knowledge, and the contribution of research to other Union policies.

5.1 The European Research Area as a constitutional objective

The European Research Area (ERA) is intended to create an integrated research environment in which researchers and scientific knowledge can move across national borders with fewer legal, administrative, institutional, and financial barriers.

The concept goes beyond the financing of individual research projects. It concerns the conditions under which scientific activity takes place throughout Europe.

These include:

• The mobility of researchers and research personnel.
• Cooperation between universities, laboratories, research centres, and businesses.
• The development of research infrastructure.
• The dissemination and practical use of research results.
• Coordination between national and European research policies.
• Open science and access to scientific knowledge.
• Research integrity, academic freedom, and ethical standards.
• The reduction of unnecessary obstacles to cross-border research.

The ERA is therefore both a policy objective and an institutional framework. It does not establish a single European research authority with exclusive control over scientific activity. Instead, it seeks to make national research systems more interconnected.

5.2 Union activities under Article 180 TFEU

Article 180 specifies the activities through which the Union pursues its research objectives. These include:

1. Implementing research, technological development, and demonstration programmes through cooperation between undertakings, research centres, and universities.
2. Promoting cooperation with third countries and international organisations.
3. Disseminating and optimising the results of Union-funded research.
4. Stimulating the training and mobility of researchers.

These activities provide the constitutional foundation for major European funding programmes and research partnerships.

The provision also demonstrates that EU research policy is not limited to academic institutions. Businesses, including small and medium-sized enterprises, may participate in research and innovation activities, reflecting the relationship between scientific discovery, industrial development, and technological application.

5.3 Coordination between national and EU research policies

Article 181 TFEU requires the Union and Member States to coordinate their research and technological development activities so that national policies and EU policy are mutually consistent.

The Commission may take initiatives to promote coordination, including guidelines, indicators, exchange of best practices, and the preparation of recommendations.

This is important because European research funding is only one part of the wider research environment. National governments remain responsible for substantial public investment, universities, research institutes, and national scientific strategies.

Coordination is intended to reduce duplication, improve the use of research infrastructure, encourage cooperation, and strengthen the overall scientific capacity of the Union.

5.4 The multiannual framework programme

Article 182 TFEU provides for the adoption of a multiannual framework programme setting out the scientific and technological objectives, priorities, and financial framework of Union research activities.

The programme is adopted through the ordinary legislative procedure, after consultation of the Economic and Social Committee.

The framework programme is implemented through specific programmes, work programmes, calls for proposals, and funding arrangements. It provides the legal and financial architecture within which research projects are selected and supported.

The current framework programme is Horizon Europe for 2021–2027.

5.5 Research cooperation and institutional structures

Articles 184–187 TFEU provide mechanisms for research cooperation involving groups of Member States, third countries, international organisations, and specialised institutional structures.

In particular:

• Article 184 permits supplementary research programmes involving certain Member States, financed by the participating states with possible EU participation.
• Article 185 allows the Union to participate in research and development programmes undertaken jointly by several Member States.
• Article 186 provides for cooperation with third countries and international organisations.
• Article 187 permits the Union to establish joint undertakings or other structures necessary for implementing research programmes efficiently.

These provisions are important for large-scale research infrastructures and projects requiring long-term financial and institutional commitments.

They also demonstrate that European research cooperation may take several legal forms, from ordinary grant-funded consortia to institutionalised partnerships and joint undertakings.

5.6 The European Institute of Innovation and Technology

The European Institute of Innovation and Technology (EIT) is an EU body established to strengthen innovation by integrating higher education, research, and business.

It supports Knowledge and Innovation Communities (KICs), which bring together universities, research organisations, companies, and other innovation actors.

The EIT model is based on the idea that scientific discoveries and technological developments require connections between education, research, entrepreneurship, and commercial application.

Its activities complement Horizon Europe’s research and innovation objectives and contribute to the development of innovation ecosystems across Europe.

5.7 Euratom research and nuclear science

Nuclear research is governed by a separate Treaty framework, the Euratom Treaty, rather than solely by the TFEU provisions on research.

The Euratom Research and Training Programme supports nuclear research and training, including work relating to nuclear safety, radiation protection, radioactive waste management, and fusion energy.

Although closely connected with the broader European research landscape, Euratom has its own legal basis, institutional framework, and funding arrangements. It should therefore be distinguished from Horizon Europe when analysing the legal structure of EU research funding.

6. Horizon Europe: The Principal EU Research and Innovation Programme

Horizon Europe is the Union’s principal framework programme for research and innovation for the period 2021–2027. It implements the objectives of Articles 179–190 TFEU through competitive funding, research partnerships, institutional support, and mission-oriented initiatives.

Its purpose is to strengthen scientific excellence, address major societal challenges, encourage innovation, and improve Europe’s scientific and technological competitiveness.

6.1 Legal basis and financial framework

Horizon Europe is established by Regulation (EU) 2021/695. Its original financial envelope was subsequently adjusted during the 2021–2027 budgetary period.

Following the Multiannual Financial Framework mid-term review, the Commission identifies an indicative overall amount of approximately €93.5 billion for the programme. This figure reflects the adjusted programme framework and should not be confused with the original amount in the 2021 regulation. EUR-Lex+1

The programme is implemented through calls for proposals, work programmes, grants, prizes, and other permitted forms of Union support. Applicants must satisfy the relevant eligibility and evaluation requirements.

The programme is not a general entitlement to research funding. Projects compete for limited financial resources according to the applicable criteria.

6.2 The three principal pillars

Horizon Europe is structured around three main pillars, complemented by a cross-cutting component addressing participation and the development of the European Research Area.

Pillar I: Excellent Science

This pillar supports high-quality scientific research and the development of research capacity. Its principal instruments include:

• The European Research Council (ERC).
• Marie Skłodowska-Curie Actions (MSCA).
• Research infrastructures.

The ERC supports frontier research selected principally on the basis of scientific excellence. Its grants are designed to enable researchers to pursue ambitious projects that may significantly advance knowledge.

Marie Skłodowska-Curie Actions support researcher training, career development, international mobility, and cooperation between academic and non-academic organisations.

Research infrastructure funding supports facilities, equipment, data resources, and services needed for advanced scientific work.

Pillar II: Global Challenges and European Industrial Competitiveness

This pillar finances collaborative research and innovation addressing major societal challenges.

Its clusters cover:

• Health.
• Culture, creativity, and inclusive society.
• Civil security for society.
• Digital, industry, and space.
• Climate, energy, and mobility.
• Food, bioeconomy, natural resources, agriculture, and environment.

The pillar connects research with EU policy priorities. It supports projects involving universities, public research institutions, companies, and other eligible organisations.

Pillar III: Innovative Europe

This pillar focuses on innovation and the development of businesses and technologies with the potential to transform markets.

It includes the European Innovation Council, European innovation ecosystems, and the European Institute of Innovation and Technology.

The European Innovation Council supports high-risk, high-potential innovation, including the development and scaling of technologies that may face difficulties obtaining conventional financing.

6.3 Widening participation and strengthening the ERA

Horizon Europe also contains a component dedicated to widening participation and strengthening the European Research Area.

This is particularly relevant to differences in research and innovation capacity between Member States and regions.

The objective is not simply to distribute funding geographically. It is to improve the ability of less research-intensive institutions and countries to participate in competitive European research, build partnerships, attract talent, and develop sustainable research systems.

Measures may include institutional cooperation, networking, capacity building, research management development, and support for scientific excellence.

6.4 European research missions

Horizon Europe introduced a mission-oriented approach to research funding. Rather than supporting only individual scientific disciplines or projects, missions are organised around ambitious objectives requiring coordinated research and innovation.

The five principal mission areas are:

1. Adaptation to Climate Change.
2. Cancer.
3. Climate-Neutral and Smart Cities.
4. Restore our Ocean and Waters.
5. A Soil Deal for Europe.

Missions seek to connect scientific research with measurable societal objectives. They require cooperation between researchers, public authorities, businesses, civil society, and citizens.

The mission structure illustrates the changing role of research policy: scientific knowledge is increasingly expected to contribute to the resolution of complex social, environmental, and economic challenges.

6.5 European Partnerships

European Partnerships bring together the EU, Member States, research organisations, industry, and other stakeholders to coordinate investment and research activities in areas of shared importance.

The partnerships may take different legal forms, including co-programmed, co-funded, and institutionalised arrangements.

Their legal structures are significant because they determine how financial contributions, governance responsibilities, and research priorities are organised.

Institutionalised partnerships may be established through specific EU legislative acts or under Articles 185 and 187 TFEU, depending on their structure.

They are intended to address research challenges that require sustained cooperation and cannot be adequately addressed through isolated projects.

6.6 Eligibility and international participation

Horizon Europe is open to a broad range of legal entities, including universities, public research organisations, companies, non-profit organisations, and other eligible institutions.

Participation is governed by the programme regulation, the applicable work programme, and the conditions of each call.

Organisations established in EU Member States may participate under the applicable rules. Organisations from associated countries and certain third countries may also be eligible, depending on the association arrangements and the specific call.

The programme’s international dimension is important because scientific research frequently requires cooperation beyond the Union. Nevertheless, participation by third-country entities does not necessarily confer the same funding rights or institutional status as participation by entities established in Member States or associated countries.

The Commission’s official Horizon Europe programme overview provides the current programme structure, funding opportunities, and participation information. Research and innovation+1

7. Erasmus+: Education, Training, and Mobility

Erasmus+ is the principal EU programme for education, training, youth, and sport for the 2021–2027 period. It translates the supporting competences in Articles 165 and 166 TFEU into practical opportunities for individuals and organisations.

The programme is established by Regulation (EU) 2021/817. It supports learning mobility, institutional cooperation, policy development, inclusion, and the modernisation of education and training systems.

7.1 Legal objectives and programme structure

Erasmus+ has several connected objectives:

• Supporting learning mobility for pupils, students, adult learners, teachers, trainers, and other educational staff.
• Improving the quality and accessibility of education and training.
• Encouraging cooperation between educational institutions and organisations.
• Supporting the development of skills and competences.
• Promoting inclusion and equal opportunities.
• Encouraging young people’s participation in democratic life.
• Supporting digital and environmental transitions in education and training.
• Strengthening cooperation between organisations in different countries.

The programme is not confined to university exchanges. It covers school education, vocational education and training, higher education, adult learning, youth activities, and sport.

Its broad scope reflects the principle that educational development occurs throughout life and through different institutional and non-institutional settings.

7.2 Learning mobility

Learning mobility is one of the most recognisable elements of Erasmus+.

Students may undertake part of their studies at a university in another participating country, while pupils, apprentices, adult learners, teachers, and educational staff may participate in exchanges, training, and other learning activities.

Mobility arrangements depend on agreements between participating institutions and the rules of the relevant programme action.

In higher education, the Erasmus Charter for Higher Education establishes the general quality framework for institutions participating in certain Erasmus+ activities. Inter-institutional agreements define the cooperation between participating universities, while learning agreements identify the academic activities to be completed during the mobility period.

The programme is intended to make international learning a recognised part of educational development rather than an isolated experience.

7.3 Inclusion and equal access

Erasmus+ places particular emphasis on participants with fewer opportunities.

Financial, geographical, social, educational, health-related, and other barriers can prevent individuals from participating in international mobility. The programme therefore permits additional support and adjustments intended to make participation more accessible.

The inclusion objective is significant from a legal and policy perspective. It reflects the principle that mobility opportunities should not be limited to individuals who already possess the financial and social resources necessary to study abroad.

The programme also supports organisations working with disadvantaged communities and encourages the development of more inclusive educational environments.

7.4 Digital and environmental priorities

Digital transformation and environmental sustainability are horizontal priorities of Erasmus+.

Digital education activities may involve the development of digital competences, online collaboration, blended mobility, and the use of educational technologies.

Environmental priorities may be reflected in project design, learning activities, institutional cooperation, and mobility arrangements.

These priorities do not create a uniform digital or environmental curriculum for Member States. They influence the objectives and conditions of EU-funded activities while leaving national educational structures intact.

7.5 Institutional cooperation and partnerships

Erasmus+ supports cooperation partnerships, small-scale partnerships, and other arrangements between educational and training organisations.

Such projects may develop teaching methods, share educational resources, improve institutional capacity, or address common challenges in education and training.

The programme also supports European Universities alliances, which bring together higher education institutions from different countries to develop deeper and more sustained cooperation.

These alliances may involve joint educational programmes, shared research activities, common services, mobility opportunities, and cooperation in institutional governance.

They do not automatically create a single legal status for participating universities or replace national accreditation systems. Their activities remain subject to the relevant national and EU legal frameworks.

7.6 Financial framework

The original Erasmus+ financial envelope under Regulation (EU) 2021/817 is €24.574 billion in current prices, supplemented by an additional allocation of €1.7 billion in 2018 prices under the programme-specific adjustment mechanism. The Commission’s programme information consequently describes the overall funding available for the seven-year period as more than €26 billion. Erasmus++1

The annual budget is determined through the EU budgetary procedure. Funding is distributed through different actions and calls, with national agencies and the Commission playing distinct implementation roles.

The programme’s financial architecture is designed to combine central coordination with decentralised administration, allowing participants to apply through national agencies for many actions while other activities are managed directly at EU level.

The official Erasmus+ programme regulation and programme information provide the legal and practical framework for participation.

8. The European Education Area and Recognition of Qualifications

The European Education Area (EEA) is a political and institutional framework for strengthening cooperation between Member States in education and training.

It seeks to make it easier for individuals to learn, study, and develop skills across national borders while improving the quality, inclusion, and resilience of education systems.

8.1 The European Education Area 2021–2030

The Council’s strategic framework for European cooperation in education and training for 2021–2030 establishes common priorities for cooperation.

These include:

• Improving quality, equity, inclusion, and educational success.
• Making lifelong learning and mobility more accessible.
• Supporting teachers and educational professionals.
• Strengthening European higher education.
• Supporting the green and digital transitions through education.

The framework operates largely through cooperation, mutual learning, common indicators, and the exchange of national practices.

It is not a harmonising legislative instrument. Its legal significance lies in the coordination of policy and the establishment of common objectives rather than the replacement of national education legislation.

In June 2026, the Council approved a resolution establishing the second cycle of the strategic framework for the period 2026–2030. This updates the cooperation priorities for the remaining years of the decade, with attention to foundational and digital skills, citizenship education, lifelong learning, and the role of teachers. Consilium+1

8.2 The Bologna Process and the European Higher Education Area

The Bologna Process is one of the most important developments in European higher education cooperation. It began with the Bologna Declaration of 1999 and led to the creation of the European Higher Education Area (EHEA).

Its principal objectives include:

• More comparable higher education structures.
• A system based on three main cycles: bachelor’s, master’s, and doctoral studies.
• Cooperation in quality assurance.
• Recognition of qualifications and periods of study.
• Greater mobility for students and academic staff.

The Bologna Process must be distinguished from EU law.

It is an intergovernmental cooperation process involving countries beyond the EU, and it is not an EU legislative programme. Its political commitments are implemented through national education systems and the participating countries’ own legal and institutional arrangements.

The EU supports many of the objectives associated with the Bologna Process through Erasmus+, the European Education Area, and cooperation on qualification recognition. However, the Bologna framework does not itself create a general EU power to harmonise university degree structures.

8.3 The European Qualifications Framework

The European Qualifications Framework (EQF) is a common reference framework intended to make qualifications from different national systems more understandable and comparable.

It uses eight reference levels, based on learning outcomes expressed in terms of knowledge, skills, and responsibility and autonomy.

The EQF does not automatically convert one national qualification into another. Instead, it provides a common reference through which national qualifications frameworks can be related and compared.

The framework is particularly useful for individuals seeking employment, continuing education, or professional development in another country.

The principal EU instrument is the Council Recommendation of 22 May 2017 on the European Qualifications Framework.

8.4 The European Credit Transfer and Accumulation System

The European Credit Transfer and Accumulation System (ECTS) is a credit framework used in higher education to facilitate the accumulation and transfer of academic credits.

Credits are based on the workload associated with defined learning outcomes. A full-time academic year generally corresponds to 60 ECTS credits.

ECTS helps universities assess academic progress and recognise learning undertaken at another institution.

It is particularly important for Erasmus+ mobility, where students need assurance that academic work completed abroad will be considered by their home institution under the applicable arrangements.

ECTS does not itself guarantee automatic recognition of every course or qualification. Recognition remains dependent on the relevant institutional and national rules, learning agreements, and applicable legal frameworks.

8.5 Academic recognition and professional recognition

A crucial legal distinction exists between academic recognition and recognition of professional qualifications.

Academic recognition concerns the assessment of studies, diplomas, credits, and periods of learning for educational purposes.

Professional recognition concerns whether a person is legally entitled to practise a regulated profession in another Member State.

The latter is governed principally by Directive 2005/36/EC on the recognition of professional qualifications, as amended.

The directive establishes general and sectoral systems for recognising qualifications, including special rules for certain professions such as doctors, nurses, pharmacists, architects, and other regulated occupations.

The fact that a university degree is comparable under the EQF or recognised academically does not automatically establish entitlement to practise a regulated profession. Professional recognition may require additional assessment, adaptation periods, aptitude tests, or evidence of compliance with sector-specific conditions.

The distinction is essential for lawyers, healthcare professionals, teachers, engineers, and other individuals whose occupations are regulated under national law.

9. Creative Europe and the Funding of Cultural Cooperation

Creative Europe is the EU’s principal programme for supporting the cultural and creative sectors and the audiovisual industry during 2021–2027.

It is established by Regulation (EU) 2021/818 and has two broad objectives: safeguarding European cultural and linguistic diversity and heritage, and strengthening the competitiveness and economic potential of cultural and creative sectors.

9.1 The three strands of Creative Europe

The programme is divided into three strands.

Culture strand

The Culture strand supports cross-border artistic and cultural cooperation. Its activities may include:

• Cooperation projects between cultural organisations.
• Literary translation and the circulation of European literature.
• Artist and cultural professional mobility.
• European cultural networks and platforms.
• Capacity building and professional development.
• Cooperation in heritage, music, architecture, design, and other creative fields.

The programme is intended to encourage cultural works to circulate beyond their country of origin and to create opportunities for artists and organisations to cooperate internationally.

MEDIA strand

The MEDIA strand supports the European audiovisual sector, including film and other audiovisual works.

Its activities may support development, production, distribution, promotion, audience development, training, and international circulation.

The objective is to strengthen the competitiveness and diversity of European audiovisual production while improving the visibility of works across different national markets.

Cross-sectoral strand

The cross-sectoral strand supports cooperation between cultural, creative, and audiovisual sectors.

It also addresses structural and technological developments affecting these industries, including the digital transformation of media, innovation, media literacy, and the development of a diverse and pluralistic information environment.

9.2 Financial framework

Creative Europe’s 2021–2027 financial envelope is approximately €2.44 billion. This represents an increase compared with the previous programme period and reflects the Union’s intention to strengthen support for cultural and creative activity. EUR-Lex+1

Funding is distributed through different calls and actions. Eligible beneficiaries may include cultural organisations, audiovisual producers, networks, festivals, publishers, and other entities operating within the relevant programme categories.

The legal requirements vary according to the specific action. Some calls require international partnerships, while others support individual organisations or particular forms of cultural production.

9.3 Cultural diversity and the circulation of works

One of the structural challenges addressed by Creative Europe is the uneven circulation of cultural works between national markets.

A literary work published in one European language may have limited access to readers in other countries without translation and distribution support. A film produced in a smaller national market may face difficulties reaching audiences elsewhere in Europe.

EU cultural funding can help overcome these barriers by supporting translation, distribution, subtitling, promotion, networking, and cross-border cooperation.

The objective is not to create a uniform European cultural market in which national differences disappear. It is to make cultural works more accessible across linguistic and national boundaries.

9.4 Artistic freedom and cultural independence

EU cultural cooperation must be considered alongside the fundamental rights protected by the Charter of Fundamental Rights.

Article 13 protects the freedom of the arts and scientific research. Article 11 protects freedom of expression and information, while Article 22 requires respect for cultural, religious, and linguistic diversity.

These guarantees are relevant to the administration of cultural funding. Funding programmes must operate within the EU legal order and respect applicable fundamental rights, including artistic freedom and the independence of cultural expression.

At the same time, EU grants remain subject to eligibility conditions, financial accountability, and the lawful objectives of the programme.

9.5 Cultural cooperation beyond the EU

Creative Europe includes forms of cooperation with countries outside the Union, subject to the conditions for participation and association established by the programme.

This reflects the international character of cultural activity. European film, literature, music, and artistic production frequently depend on networks extending beyond EU borders.

The programme can therefore support cultural exchange while remaining subject to the Union’s external relations framework and the specific rules governing third-country participation.

The European Commission’s Creative Europe programme overview provides details on its strands, objectives, and funding opportunities. Culture and Creativity+1

10. Cultural Heritage, European Identity, and Legal Protection

Cultural heritage is an important field of European cooperation because historical sites, monuments, archives, collections, traditions, and artistic works often possess significance extending beyond the territory of the Member State in which they are located.

The EU does not replace national heritage authorities. Its role is to encourage cooperation, support conservation, facilitate research, and promote the European dimension of cultural heritage.

10.1 The European Heritage Label

The European Heritage Label was established by Decision No 1194/2011/EU. It identifies sites that have played a significant role in the history, culture, and development of Europe or in the construction of the Union.

The initiative is concerned not simply with architectural or artistic importance, but with the European significance of a site and its capacity to communicate shared historical experiences, democratic values, and cultural connections.

The designation does not transfer ownership of a site to the EU or replace national heritage protection. The site remains subject to the laws of the Member State in which it is located.

The label is therefore an instrument of recognition, interpretation, and cooperation rather than a supranational heritage authority.

10.2 European cooperation in heritage conservation

EU cultural programmes can support heritage research, conservation, digital documentation, public access, and professional cooperation.

Horizon Europe’s research activities also address cultural heritage, including the development of conservation technologies, research into historical materials, digital archives, and methods for preventing illicit trafficking in cultural goods.

The 2026 Horizon Europe Cluster 2 programme included calls concerning cultural heritage and the cultural and creative industries, with an indicative budget of €85.5 million for the relevant call area. These activities illustrate how cultural policy and research policy can complement one another. European Research Executive Agency

10.3 Cultural heritage and international law

EU cultural cooperation also interacts with international heritage law.

The UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage (1972) establishes an international framework for identifying and protecting heritage of outstanding universal value.

The UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (2003) addresses traditions, practices, knowledge, and skills transmitted between generations.

These conventions are distinct from EU legislation, but they provide important international standards within which European cultural cooperation operates.

EU initiatives may support the implementation of international heritage objectives through research, funding, institutional cooperation, and the development of cultural networks.

10.4 The proposed revision of the European Heritage Label

On 23 October 2026, the European Commission announced a proposal to renew the legal framework for the European Heritage Label.

The proposed reform would replace the current designation with a European Heritage status and a European Heritage List, while revising the selection and assessment procedures. It is intended to strengthen the European dimension of the initiative and address practical difficulties identified through its implementation.

The proposal must be considered separately from the existing legal framework. Until the revised instrument is adopted and becomes applicable, Decision No 1194/2011/EU remains the relevant legal basis. The Commission’s proposal is therefore a current legislative development, not an already operative replacement. Culture and Creativity+1

11. Research Ethics, Academic Freedom, and Intellectual Property

EU-funded research must comply with legal and ethical requirements that extend beyond the scientific objectives of individual projects. The integrity of research, protection of participants, responsible management of data, and proper treatment of intellectual property are essential to the legitimacy of publicly funded scientific activity.

11.1 Freedom of scientific research

Article 13 of the Charter of Fundamental Rights of the European Union provides that the arts and scientific research shall be free of constraint and that academic freedom shall be respected.

This provision establishes an important fundamental-rights dimension of European research policy.

Freedom of scientific research protects the ability of researchers to investigate questions, develop methods, communicate findings, and participate in academic debate without unjustified interference.

It does not mean that research is exempt from legal regulation. Scientific activity must still comply with applicable rules on human dignity, safety, privacy, data protection, intellectual property, and research ethics.

The legal challenge is to preserve academic independence while ensuring that research is conducted responsibly.

11.2 Research ethics and integrity

EU-funded projects must comply with applicable ethical standards and the specific requirements of the relevant funding programme.

Depending on the project, this may involve:

• Ethical approval for research involving human participants.
• Compliance with animal welfare legislation.
• Informed consent and protection of participants.
• Responsible handling of personal and sensitive data.
• Prevention of research misconduct and falsification.
• Appropriate management of conflicts of interest.
• Respect for fundamental rights and human dignity.

Research ethics requirements may arise from EU legislation, national law, international standards, institutional rules, and grant agreements.

The European Research Area framework also promotes common principles of research integrity and responsible scientific practice.

11.3 Data protection in research

Research involving personal data must comply with the GDPR, Regulation (EU) 2016/679, unless a specific legal provision provides otherwise.

The GDPR recognises that scientific research may require particular processing arrangements, but these do not constitute a general exemption from data protection law.

Article 89 provides safeguards and derogations for processing for scientific or historical research purposes and statistical purposes, subject to appropriate technical and organisational safeguards and the conditions established by EU and national law.

Researchers and institutions must consider lawful grounds for processing, data minimisation, security, retention, transparency, and the rights of data subjects.

The legal position may be particularly complex in cross-border research involving health data, genomic information, digital platforms, or large research databases.

11.4 Intellectual property and ownership of research results

EU-funded research raises important questions about the ownership and exploitation of results.

The Horizon Europe legal framework and grant agreements establish rules concerning ownership, access rights, dissemination, and exploitation.

As a general principle, results belong to the beneficiaries that generate them, subject to the relevant grant agreement and any specific arrangements governing jointly generated results.

Where several partners contribute to a result, the beneficiaries must address joint ownership and the practical arrangements for protecting and exploiting that result.

The legal framework also seeks to balance commercial exploitation with the dissemination of scientific knowledge.

11.5 Open science and access to research publications

Open science is a central element of contemporary EU research policy.

Horizon Europe requires beneficiaries to comply with applicable open-access obligations for scientific publications arising from funded research. The programme also promotes responsible research data management and the principle that research data should be as open as possible and as closed as necessary, subject to legitimate legal, ethical, commercial, and security restrictions.

This approach seeks to increase the accessibility and reproducibility of publicly funded research while recognising that not every dataset can be made freely available.

Confidential information, personal data, security-sensitive material, and protected intellectual property may require restrictions.

11.6 Research security and international cooperation

Scientific cooperation is increasingly international, but it may involve risks relating to intellectual property theft, unauthorised transfer of sensitive technology, interference, and the misuse of research outputs.

The EU has therefore developed policy measures addressing research security and responsible international cooperation.

These measures must be applied in accordance with the relevant legal instruments and the principles of academic freedom, non-discrimination, proportionality, and scientific openness.

The objective is not to isolate European research institutions from international partners. It is to ensure that cooperation takes place with appropriate safeguards and a clear understanding of legal and institutional risks.

12. Governance, Administration, and Financial Accountability

Education, research, and cultural cooperation involve several EU institutions and national authorities. The governance structure reflects the fact that these policy fields are implemented through a combination of European programmes and national systems.

12.1 The European Commission

The Commission plays a central role in proposing legislation, preparing programme rules, managing funding, coordinating policy, and monitoring implementation.

Different Commission departments have responsibilities for the relevant fields, including:

• Directorate-General for Education, Youth, Sport and Culture (DG EAC).
• Directorate-General for Research and Innovation (DG RTD).
• Directorate-General for Communications Networks, Content and Technology (DG CONNECT), particularly in areas involving digital technologies and media.
• Relevant executive agencies responsible for the implementation of funding programmes.

The Commission prepares work programmes, launches calls for proposals, evaluates programme performance, and ensures that EU financial rules are respected.

12.2 The Council and Member States

The Council of the European Union represents Member State governments and participates in adopting the legislative and policy framework.

In education and culture, the Council adopts recommendations and conclusions and participates in the adoption of incentive measures under the Treaty provisions.

In research, it participates in the adoption of the multiannual framework programme and related legislative instruments.

Member States also implement national education and research policies, designate national authorities, participate in programme committees, and contribute to the governance of European cooperation.

12.3 The European Parliament

The European Parliament participates in the adoption of EU legislation and the annual budget.

In education and culture, it exercises legislative powers in accordance with Articles 165 and 167 TFEU, within the limitations on harmonisation.

In research, it participates in the adoption of the framework programme and relevant specific programmes.

Parliament also exercises political scrutiny and budgetary oversight, including through parliamentary committees dealing with culture and education, industry and research, and budgetary matters.

12.4 National agencies and programme administration

Several programmes operate through a combination of direct and indirect or decentralised management.

Under Erasmus+, national agencies play an important role in administering many actions, providing information, evaluating applications, and managing grants.

Other actions are managed directly by the Commission or designated EU bodies.

Horizon Europe relies extensively on centralised calls and grant management, while certain activities involve partnerships and other implementing structures.

Creative Europe combines Commission-level programme management with designated desks and other support structures in participating countries.

12.5 Financial accountability and audit

EU funding is subject to strict financial and administrative controls.

Beneficiaries must comply with grant agreements, eligibility requirements, reporting obligations, procurement rules where applicable, and the principles governing the protection of the EU budget.

The Commission and relevant implementing bodies may conduct checks, audits, and investigations. The European Court of Auditors examines the legality and regularity of EU expenditure and the sound financial management of programmes.

The European Anti-Fraud Office (OLAF) may investigate suspected fraud, corruption, or other illegal activities affecting the EU’s financial interests. The European Public Prosecutor’s Office (EPPO) may investigate and prosecute criminal offences affecting those interests within its jurisdiction and subject to the applicable legal framework.

A grant is therefore not an unrestricted financial contribution. It is public funding subject to conditions concerning its purpose, use, reporting, and verification.

12.6 Funding instruments and implementation methods

EU education, research, and cultural programmes may use several forms of financial support:

• Grants awarded through competitive calls.
• Institutional support and operating grants.
• Prizes for specified achievements.
• Procurement contracts for services or research activities.
• Financial instruments and guarantees where authorised.
• Co-financing arrangements with national or private contributions.

The applicable financial and administrative rules depend on the programme, the funding action, and the legal basis.

A project funded under Horizon Europe may have different eligibility, reporting, and intellectual-property requirements from a cultural cooperation project funded through Creative Europe.

The general framework is provided by the EU Financial Regulation, Regulation (EU, Euratom) 2024/2509, which establishes the financial rules applicable to the EU budget.

13. The 2028–2034 Funding Framework: Proposed Changes to Education, Research, and Culture

The transition from the 2021–2027 to the 2028–2034 Multiannual Financial Framework (MFF) is particularly important for these policy areas. The Commission’s proposals envisage significant changes to the structure and financial organisation of European education, research, and cultural programmes.

At the time of writing, the next MFF and its sectoral programmes remain subject to the EU legislative and budgetary process. The Commission’s proposals, Council negotiating positions, and Parliament’s positions must therefore be distinguished from adopted legislation.

13.1 The proposed Erasmus+ programme for 2028–2034

The Commission’s proposal for the next Erasmus+ programme envisages a financial envelope of approximately €40.8 billion and a broader structure that integrates the opportunities currently offered through Erasmus+ and the European Solidarity Corps.

The proposal aims to strengthen learning mobility, lifelong learning, skills development, youth participation, inclusion, and cooperation between educational organisations.

On 11 May 2026, the Council agreed a partial negotiating position on the proposed regulation. Its position seeks to strengthen Member State oversight, maintain the visibility of the different programme sectors, and preserve the legacy of the European Solidarity Corps.

The Council’s negotiating position is partial because financial and horizontal questions remain part of the broader MFF negotiations. It is not the final legislation governing the next programme. Consilium+1

13.2 Horizon Europe 2028–2034

The Commission proposed a new Horizon Europe programme for 2028–2034 with a proposed budget of €175 billion.

The proposed programme is intended to strengthen Europe’s scientific and technological foundations, support research excellence, improve innovation capacity, and contribute to the Union’s competitiveness.

Its proposed structure continues the emphasis on excellent science, competitiveness and societal challenges, innovation, and the European Research Area. It is also intended to operate in close connection with the proposed European Competitiveness Fund.

On 26 June 2026, the Council reached a partial negotiating position on Horizon Europe. The Council’s position addresses Member State involvement in strategic priority-setting, European partnerships, research security, innovation, and the relationship between Horizon Europe and the European Competitiveness Fund. Research and innovation+2

13.3 AgoraEU: A proposed framework for culture, media, and civil society

One of the most significant proposed changes to cultural funding is the creation of AgoraEU.

The Commission’s proposal envisages a programme consolidating support for culture, media, civil society, and democratic values. It would build on existing instruments, particularly Creative Europe and the Citizens, Equality, Rights and Values programme.

The proposed programme is structured around three strands:

• Creative Europe – Culture, supporting cross-border cultural cooperation and creativity.
• MEDIA+, supporting audiovisual and video-game industries and free and independent journalism.
• CERV+, supporting fundamental rights, equality, democratic participation, and the rule of law.

The Commission’s proposal envisages a financial envelope of approximately €8.6 billion. The Council agreed a partial negotiating mandate on 12 May 2026, with further financial and horizontal questions remaining within the wider MFF negotiations. Consilium+2

13.4 The legal and constitutional significance of the proposed reforms

The proposed reforms raise several important legal questions.

First, the consolidation of funding programmes may simplify access for beneficiaries, but it also requires careful attention to the legal identity and objectives of the programmes being integrated.

Second, the relationship between research excellence, competitiveness, and strategic priorities must remain consistent with the Treaty framework, including the freedom of scientific research protected by Article 13 of the Charter.

Third, cultural funding must continue to respect cultural and linguistic diversity, artistic freedom, and the different institutional traditions of Member States.

Finally, the financial arrangements must be adopted through the appropriate budgetary and legislative procedures. The MFF itself is governed by Article 312 TFEU and requires unanimity in the Council and the consent of the European Parliament. Sectoral programme regulations are generally adopted through their respective Treaty legal bases.

The negotiations therefore concern not merely the amounts allocated to programmes, but also the institutional balance, governance arrangements, and legal conditions under which the next generation of European cooperation will operate.

14. The Relationship Between EU Cooperation and Other European and International Frameworks

European education, research, and cultural cooperation cannot be understood solely through EU legislation. Several important European and international organisations have developed parallel frameworks that influence national policy and institutional practice.

14.1 The Council of Europe

The Council of Europe is a separate international organisation from the European Union. It has developed important legal and policy instruments in the fields of education, culture, human rights, and heritage.

Examples include the European Cultural Convention of 1954 and the European Convention on Human Rights, particularly Article 2 of Protocol No. 1 concerning the right to education.

The Council of Europe also plays a major role in the development of cultural heritage standards and democratic citizenship education.

Its instruments must be distinguished from EU law. EU institutions cannot be treated as the legislative or administrative authorities of the Council of Europe, and the two organisations have separate memberships, legal systems, and institutional responsibilities.

14.2 UNESCO

UNESCO develops international standards and cooperation programmes in education, science, culture, and heritage.

Its conventions on cultural and natural heritage, intangible cultural heritage, and the protection and promotion of the diversity of cultural expressions provide important international legal frameworks.

The EU and its Member States cooperate with UNESCO and participate in international cultural and educational initiatives, subject to their respective legal competences and treaty obligations.

14.3 The Bologna Process

As discussed above, the Bologna Process is an intergovernmental framework involving the European Higher Education Area. It is not an EU legislative programme.

Its influence is nevertheless substantial because it has encouraged the development of comparable higher education structures, quality assurance arrangements, and recognition mechanisms across participating countries.

EU programmes, particularly Erasmus+, complement the Bologna Process by supporting the mobility and institutional cooperation that make these arrangements operational.

14.4 International research cooperation

European research institutions also participate in international scientific networks and organisations.

Cooperation may involve shared infrastructure, research facilities, international scientific projects, and collaboration with third-country universities and research institutions.

Article 180 TFEU expressly recognises cooperation with third countries and international organisations as part of Union research policy.

Such cooperation is subject to the relevant programme regulations, international agreements, intellectual-property arrangements, data protection requirements, and security rules.

The European research framework is therefore international in orientation, even though its institutional and financial foundations are established within the EU legal order.

15. Facts and Essential Legal Reference Points

Legal issue	Principal legal source	Main subject
Conferral of EU powers	Article 5 TEU	Limits of Union competence
Supporting competences	Articles 2(5) and 6 TFEU	Education, vocational training, culture
Education policy	Article 165 TFEU	Quality, cooperation, mobility
Vocational training	Article 166 TFEU	Skills and professional training
Cultural cooperation	Article 167 TFEU	Cultural diversity and heritage
Research and technological development	Articles 179–190 TFEU	European Research Area and research programmes
Research competence	Article 4(3) TFEU	Shared competence in research, technology, and space
Academic freedom	Article 13 Charter	Freedom of arts and scientific research
Cultural diversity	Article 22 Charter	Cultural, religious, and linguistic diversity
Horizon Europe	Regulation (EU) 2021/695	Research and innovation funding
Erasmus+	Regulation (EU) 2021/817	Education, training, youth, and sport
Creative Europe	Regulation (EU) 2021/818	Cultural and audiovisual sectors
Professional qualifications	Directive 2005/36/EC	Recognition of regulated professional qualifications
Data protection	Regulation (EU) 2016/679	Personal data in research and education
Financial administration	Regulation (EU, Euratom) 2024/2509	EU budget and financial management
European Heritage Label	Decision No 1194/2011/EU	Recognition of European heritage sites
European Research Area	Council Recommendation (EU) 2021/2122	Research and innovation cooperation

Principal programme budgets for 2021–2027:

• Erasmus+: €24.574 billion in current prices, plus an additional €1.7 billion in 2018 prices.
• Horizon Europe: approximately €93.5 billion following the programme’s subsequent budgetary adjustment.
• Creative Europe: approximately €2.44 billion.

These figures relate to different legal and budgetary calculations. They should not be treated as directly comparable without considering the applicable price base and subsequent adjustments. Erasmus++3

16. Key Takeaways

1. Education, vocational training, and culture are supporting and coordinating competences under Article 6 TFEU.

2. Research and technological development are governed by a distinct competence under Article 4(3) TFEU, allowing the EU to conduct programmes while Member States retain their own research powers.

3. The principle of conferral limits EU action to the competences granted by the Treaties.

4. Subsidiarity requires European action to be justified by its added value in relation to the scale or effects of a proposed measure.

5. Proportionality prevents Union action from exceeding what is necessary to achieve Treaty objectives.

6. Article 165 TFEU provides the principal legal basis for cooperation in general education, academic mobility, and the European dimension of learning.

7. Article 166 TFEU governs vocational training, skills development, professional retraining, and access to lifelong learning.

8. Article 167 TFEU enables cultural cooperation while requiring respect for national and regional cultural and linguistic diversity.

9. Member States retain primary responsibility for the organisation of their education systems, the content of teaching, and national cultural policy.

10. Articles 179–190 TFEU establish the legal foundations for the European Research Area and the Union’s research programmes.

11. Horizon Europe is the principal EU research and innovation programme for 2021–2027, supporting scientific excellence, societal challenges, innovation, and research cooperation.

12. Erasmus+ supports education, vocational training, youth, and sport through mobility, institutional cooperation, and policy development.

13. Creative Europe supports cultural diversity, artistic cooperation, literature, audiovisual production, and the creative industries.

14. The European Education Area provides a framework for cooperation and common policy objectives without harmonising national education systems.

15. The Bologna Process and European Higher Education Area are intergovernmental arrangements, not EU legislative programmes.

16. The European Qualifications Framework and ECTS facilitate comparison and recognition but do not automatically guarantee recognition of every qualification or course.

17. Academic recognition must be distinguished from professional recognition under Directive 2005/36/EC.

18. EU-funded research is subject to rules concerning research ethics, academic freedom, data protection, intellectual property, and open science.

19. EU cultural and research programmes operate alongside international frameworks developed by UNESCO and the Council of Europe.

20. The proposed 2028–2034 programmes, including the next Erasmus+, Horizon Europe, and AgoraEU, remain subject to legislative and budgetary negotiations.

17. Frequently Asked Questions

1. Does the European Union have the power to harmonise national education systems?

No. Under Article 165 TFEU, the Union may support and supplement national action in education but must respect Member States’ responsibility for the content of teaching and the organisation of their education systems. Its incentive measures cannot harmonise national education laws under this legal basis.

2. What is the difference between a supporting competence and a shared competence?

A supporting competence allows the EU to assist, coordinate, and supplement Member State action without replacing national responsibility or harmonising national laws under that legal basis. A shared competence allows both the Union and Member States to exercise legislative or other legally recognised powers, subject to the Treaty rules governing the field. Research and technological development have the special classification established by Article 4(3) TFEU.

3. Which Treaty provision governs European education policy?

Article 165 TFEU is the principal legal basis for EU cooperation in general education. It covers quality education, mobility, exchanges, cooperation between educational institutions, and the European dimension of learning.

4. What is Article 166 TFEU concerned with?

Article 166 TFEU concerns vocational training. It allows the Union to support professional education, retraining, mobility of trainees and instructors, and cooperation between training institutions and businesses.

5. What is the legal basis for EU cultural cooperation?

Article 167 TFEU establishes the principal legal basis. It allows the Union to encourage cultural cooperation, promote European cultural heritage, support artistic and literary creation, and respect the cultural and linguistic diversity of Member States.

6. What is the European Research Area?

The European Research Area is a framework for integrating national research systems and facilitating the circulation of researchers, scientific knowledge, and technology across Europe. Its legal foundation is Article 179 TFEU.

7. What is Horizon Europe?

Horizon Europe is the EU’s principal research and innovation funding programme for 2021–2027. It supports scientific excellence, collaborative research, technological development, innovation, and projects addressing major societal challenges.

8. How much funding does Horizon Europe receive?

The Commission identifies an indicative programme amount of approximately €93.5 billion for 2021–2027 following the programme’s budgetary adjustment. The original financial framework in Regulation (EU) 2021/695 was subsequently modified.

9. What is Erasmus+?

Erasmus+ is the EU programme supporting education, vocational training, youth, and sport. It finances learning mobility, institutional partnerships, educational cooperation, and other activities intended to improve access and quality.

10. Is Erasmus+ limited to university students?

No. It also supports pupils, vocational learners, adult learners, teachers, trainers, educational institutions, youth organisations, and participants in grassroots sport, depending on the relevant programme action.

11. What is the European Education Area?

The European Education Area is a framework for cooperation between Member States aimed at improving education quality, inclusion, mobility, lifelong learning, and the development of common educational objectives. It does not establish a single European education system.

12. Does the Bologna Process form part of EU law?

No. The Bologna Process is an intergovernmental cooperation process that created the European Higher Education Area. The EU supports its objectives through programmes such as Erasmus+, but the Bologna Process is not an EU legislative instrument.

13. What is the difference between the EQF and ECTS?

The European Qualifications Framework provides reference levels for comparing qualifications across different national systems. ECTS is a credit system that supports the accumulation and transfer of academic credits, particularly in higher education.

14. Does an EU-recognised academic degree automatically allow someone to practise a regulated profession in another Member State?

No. Academic recognition and professional recognition are different legal processes. Professional access to regulated occupations may be governed by Directive 2005/36/EC and relevant national requirements.

15. What is Creative Europe?

Creative Europe is the EU’s principal cultural and audiovisual funding programme for 2021–2027. Its three strands are Culture, MEDIA, and Cross-sectoral. It supports cultural cooperation, artistic mobility, literary translation, audiovisual production, and creative-sector development.

16. Can EU funds be used to protect national cultural heritage?

Yes. EU programmes may support conservation, research, digitisation, cross-border cooperation, and the promotion of cultural heritage. National authorities nevertheless retain their primary responsibilities for heritage protection under their own legal systems.

17. Is academic freedom protected by EU law?

Yes. Article 13 of the Charter of Fundamental Rights protects the freedom of the arts and scientific research and requires respect for academic freedom. Its application must be understood within the scope of EU law and alongside other relevant legal requirements.

18. Who manages EU education and research funding?

The European Commission has a central coordinating and management role, while national agencies, executive agencies, programme committees, and other implementing bodies administer different programme actions. The precise management structure depends on the programme and funding instrument.

19. What is AgoraEU?

AgoraEU is a proposed programme for 2028–2034 intended to consolidate EU support for culture, media, civil society, and democratic values. It would build on Creative Europe and the Citizens, Equality, Rights and Values programme. It is not yet an operative replacement for those programmes.

20. What will happen to Erasmus+ and Horizon Europe after 2027?

The Commission has proposed new programmes for 2028–2034, and the Council has adopted partial negotiating positions on their future structure. Their final budgets and legal provisions depend on the legislative and MFF negotiations. The current programmes remain governed by their existing legal frameworks until the transition takes effect.

Conclusion

European cooperation in education, research, and culture demonstrates how the Union can exercise meaningful influence without acquiring general authority over the national institutions and traditions that shape these fields. The Treaties establish a carefully differentiated distribution of powers: education, vocational training, and culture are primarily areas of support and coordination, while research and technological development provide a more substantial framework for common European programmes.

This distinction is not merely technical. It reflects the constitutional character of the European Union as a legal order founded on conferred powers, institutional cooperation, and respect for national identity. Member States remain responsible for their education systems, teaching content, cultural institutions, and national research strategies. The Union complements these responsibilities through financial support, cross-border mobility, common policy objectives, scientific partnerships, and the development of shared opportunities.

The principal programmes give practical expression to this model. Erasmus+ enables individuals and institutions to participate in international learning and cooperation. Horizon Europe provides a framework for scientific excellence, technological development, and collaborative research. Creative Europe supports artistic exchange, audiovisual production, and the circulation of cultural works. The European Education Area and the European Research Area provide broader institutional frameworks within which these activities can develop.

At the same time, the legal system must protect fundamental rights and maintain the integrity of publicly funded activities. Academic freedom, cultural and linguistic diversity, research ethics, personal data protection, and intellectual property are not peripheral concerns. They are essential conditions for legitimate and sustainable cooperation.

The forthcoming 2028–2034 funding framework may substantially change the organisation and scale of European support. The proposed Erasmus+, Horizon Europe, and AgoraEU programmes indicate an intention to strengthen mobility, scientific capacity, innovation, and cultural cooperation. Their final legal form, however, will depend on the legislative and budgetary procedures established by the Treaties.

Ultimately, European education, research, and cultural cooperation is based on a principle of institutional plurality combined with practical integration. Its purpose is not to create one European school system, one national culture, or one centralised scientific establishment. It is to make the educational, intellectual, and cultural resources of different European societies more accessible to one another, enabling cooperation while preserving the diversity from which Europe’s collective heritage and scientific capacity derive.

Principal Legal Sources and Further Reading

Primary EU legislation and Treaty provisions

1. Treaty on European Union — particularly Articles 4 and 5, concerning national identity, conferral, subsidiarity, and proportionality.

2. Treaty on the Functioning of the European Union — Articles 2, 4, 6, 165–167, and 179–190.

3. Charter of Fundamental Rights of the European Union — particularly Articles 11, 13, and 22.

4. Regulation (EU) 2021/817 establishing Erasmus+.

5. Regulation (EU) 2021/695 establishing Horizon Europe.

6. Regulation (EU) 2021/818 establishing Creative Europe.

7. Directive 2005/36/EC on the recognition of professional qualifications.

8. Regulation (EU) 2016/679 — General Data Protection Regulation.

9. Regulation (EU, Euratom) 2024/2509 on the financial rules applicable to the general budget of the Union.

10. Decision No 1194/2011/EU establishing the European Heritage Label action.

11. Council Recommendation on the European Qualifications Framework.

12. Council Recommendation (EU) 2021/2122 on a Pact for Research and Innovation in Europe.

Official institutional resources

• European Commission — Erasmus+
• European Commission — Horizon Europe
• European Commission — Creative Europe
• European Commission — European Education Area
• European Commission — European Research Area
• European Commission — Cultural Heritage
• Council of the European Union — Education
• European Higher Education Area — Bologna Process
• UNESCO — World Heritage
• Council of Europe — Culture and Cultural Heritage

This article provides general educational information about European Union law. The legal status of individual funding opportunities, qualification-recognition arrangements, and national educational or cultural rules depends on the relevant EU instrument, programme conditions, and applicable national legislation.