The case of Axel Dris is putting pressure on the Belgian system for admission to medical school. This student from Luxembourg, who completed his secondary education in Belgium, was excluded due to a lack of places within the quota reserved for non-residents, despite passing the entrance exam in July 2022. This system limits non-residents to 30% of those admitted and requires an additional ranking process.

Having been asked to rule on the dispute, the Belgian Council of State referred the matter to the Court of Justice of the European Union (CJEU) to determine whether this measure is compatible with the principle of free movement. The issue goes beyond this individual case and directly affects border regions, where educational pathways are cross-border in nature.

“Unequal treatment”

In his opinion delivered on Thursday 16 April, the Advocate General of the Court of Justice of the European Union, Jean Richard de la Tour, is clear: the legislation creates “unequal treatment” and restricts the free movement of European students. The residence requirement is deemed too rigid, particularly for cases such as that of Axel Dris, who completed his entire education in Belgium and has established genuine ties there.

Whilst acknowledging that protecting the healthcare system may justify restrictions, it requires Member States to provide robust, data-backed evidence of the risks involved. Above all, it considers that more nuanced criteria, based on a “genuine link”, could replace an approach deemed too restrictive. If the Court follows this line of reasoning, Belgium will have to carry out a thorough review of its quota system. The date for the delivery of the judgment has not yet been set.