The European Commission brought legal action against the Netherlands before the European Court of Justice in May, declaring that the public transport discount granted to Dutch students discriminates against other EU nationals.
As part of the standard study financing, the OV-studentenkaart allows Dutch and long-term resident students to travel by public transport for free or at a reduced rate within the Netherlands, while other European and international students are obliged to pay the full fare. Since 2010, the Commission has repeatedly warned the Netherlands that the student travel product is in breach of EU law and has officially referred the matter to the highest court in the EU.
According to Article 18 of the Treaty on the Functioning of the EU, discrimination on the grounds of nationality is prohibited between EU member states. In the case of the OV-studentenkaart, the Commission claims that limiting the public transport discount to Dutch students discriminates against other EU citizens studying in the Netherlands, running contrary to the principle of equal treatment. As a result, the Commission insists that the Netherlands should be ordered to pay the corresponding costs.
The inclusion of the student travel product in the Dutch study financing complicates the issue further. The OV-studentenkaart is in fact a provisional loan, which may be converted into a gift, provided that the student graduates within ten years. For this reason, Dutch students may opt to forgo the travel product entirely. Furthermore, exceptions to the EU Treaty permit member states to withhold maintenance grants and loans to students from other EU countries, unless they have acquired permanent residence, are workers or members of a workers’ family.
“The student travel product is part of the Dutch student financing, so only when an individual meets the criteria of nationality, age and type of education to receive student financing can he or she receive the travel product,” says a spokesperson for the Dutch Ministry of Education. “The EU Treaty allows certain social benefits, such as student grants and loans, to be granted only to individuals with a right of permanent residence. Other individuals are expected to receive such benefits from their home states. The Dutch government considers its criteria for student financing and the travel product to be in line with the EU Treaty and is confident that the European Court of Justice will rule in its favor.”
Regardless of the case’s outcome, the fact remains that non-EU students who do not meet the Netherlands’ long-term residence criteria are ineligible to receive the OV-studentenkaart. This has led to much criticism among international students.
“I personally feel that this policy contradicts the Dutch government’s policy of internationalization of the market place,” says Canadian native Jad Masri, Chairperson of the Delft International Student Society. “In Canada, all students from all over the world have the same student discount, which is why I found this Dutch policy strange. I have heard the same comment from other international students and I feel that this policy expands an already existing wedge between the international and Dutch student society. A better approach is to give the same discount to all international students.” Although this suggestion seems fair, the question remains: who will foot the bill?
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