Netherlands, Council of State, 23 August 2023, 202303059/1/A2
Case overview
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Link to the full text of the decision
General Summary
In this case, the Executive Board of the University of Amsterdam (board) has determined that the appellant must pay the institutional tuition fee for the Bachelor of Medicine, which amounts to € 20,700.00 for the 2022-2023 academic year.
The appellant requested whether she could pay institutional tuition fees for the Bachelor of Medicine in the amount of the (much lower) statutory tuition fee rate or another lower amount. The appellant intended not to complete the Bachelor's degree in Nursing by not taking one test of that course. This would create an overlap with the Bachelor's program in Medicine, meaning that she would only have to pay the statutory tuition fees.
However, in the final phase of her Nursing course, in which she worked in a rehabilitation centre in addition to her training, a crisis department was set up due to the outbreak of COVID-19. The efforts of healthcare professionals were of great importance to combat the pandemic. The appellant has graduated from the Nursing course in order to be more broadly employable in the rehabilitation centre. She is now experiencing great financial pressure due to the amount of institutional tuition fees. She argues that because a social interest was the basis for her choice to complete the Nursing course, this should not be held against her by making her pay the full institutional tuition fee.
Facts of the case
According to the board, the appellant owes institutional tuition fees because she does not meet the conditions referred to in Article 7.45a, first, second and sixth paragraphs of the Higher Education and Scientific Research Act and Article 2.3a of the Implementation Decree WHW 2008 and the transitional arrangement of Article 20 of the UvA Registration Decree 2022/2023 do not apply to her situation.
Type of measure challenged
Measures, actions, remedies claimed
- Annulment of the Decision of the board
- Amicable settlement
Individual / collective enforcement
Nature of the parties
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Reasoning of the deciding body
The Administrative Law Division of the Council of State (Division) considers that the appellant herself has made the choice to complete the Nursing course, contrary to what she initially intended. She was also aware of the consequences of this choice for the amount of tuition fees she would have to pay if she subsequently followed the Bachelor's degree in Medicine.
There was therefore no situation of force majeure. In view of this, the board has been entitled to take the position that this circumstance does not constitute a special case of unfairness of a serious nature. In view of the foregoing, the board was right to take the position that there is no reason to apply the hardship clause. Pursuant to art. 7.63a, third paragraph, Higher Education and Scientific Research Act, the dispute advisory committee must examine whether an amicable settlement between the parties is possible. However, the information provided by the appellant did not give rise to this.
Conclusions of the deciding body
The Division declared the appeal unfounded.
