¿EL NUMERUS CLAUSUS EN LAS UNIVERSIDADES PUEDE SER CONTRARIO A LOS DERECHOS HUMANOS?

ABSTRACT: In this judgment, the EctHR upholds that a national legislation imposing numerus clausus to enter university is compatible with article 2 of Protocol No 1 to ECHR. The Court admits that States enjoy a certain margin of appreciation in this sphere, but they must pursue a legitimate aim. In general, it seems possible not only when, due to limited financial resources, access to public institutions is allowed only to those who deserve it more, but also adopting a functional perspective of higher education, convincing students to take courses which give them the best working perspectives after graduation. In any case the same EctHR is competent in judging compatibility between criteria for selecting students adopted by the States and ECHR, evaluating also if there is a reasonable relationship of proportionality between the means employed and the aim sought to be achieved. The Court declares that it is legitimate that the same restrictions apply to private universities as well. This is acceptable by a functional point of view, but not always if, instead, the sole consideration is that financial resources, being limited, allow access to higher education only to those who deserve it more.