Educational Issues in the European Union - Bilateral Relationships
I. Introduction
Chile is an emerging economic country with an interesting potential for development based in its human resources. Furthermore, it has been acknowledged by all sectors of our society, private and public, that this potential will only be attained by fostering the quantity of undergraduate students, technicians and professionals who accomplish a second phase (Master) or third phase (Doctoral) level of education. In general, our present educational system does not offer an ample array of highly qualified Undergraduate, Master and Doctoral studies as compared to universities and educational centres in the US and in the EU. Currently, this has been pointed by the president Mr. Ricardo Lagos as an strategic point in order elevate the country’s educational standard.
The actual Presidential candidates coming from the government coalition sense this same issue as a priority for their future governmental agendas. Hence, it is a fact that Chile has to advance in opening possibilities for undergraduate and first phase graduate students to arrive at a second and third phase education in order to level the country to international measures, as presently attained by other Latin-American countries (Mexico, Brazil and Argentina) and, in the long term, to shorten the distance with first world educational systems.
Chile has been advancing in signing Free Trade Agreements with and with the US and in the EU and in the future probably will close other trade conventions with major Asian economies and China. The same direction is actually envisioned in the area of Protection of Investments and Double Taxation Agreements. Consequently, it is particularly important that these new impulse in the generation of international agreements incorporate not only commercial, taxation and investment devices that immediately benefit the country from the interchanges of goods and services; but also that the conventions to be negotiated or already in force are effectively used as instruments for the interchange of education within the commercial areas. Thus, these arrangements should be the key for Chilean human capital to be able to open the doors of foreign education at universities and training centres. This would allow our human resources to develop advanced skills which in the future will give off new goods, services and technology to be exported from Chile within the terms of this same instruments. In practice, these agreements and specially the Free Trade Agreements must allow our human capital to reach higher levels of knowledge, which is a product available at the universities and institutes located in industrialized countries, such as the ones existent in EU and the US. Free trade in this respect means not only free movement of goods and services, but also removing the barriers and discriminatory regulations and restrictions that put a high burden or make impossible the access to the education provided within the free trade area.
The failure of the authorities to negotiate or put into force adequate provisions in these Free Agreements or the lack of actions to implement the necessary Bilateral Cultural Agreements which give the base for a positive educational trade off for our human capital, will only result in an imbalance of our interchanges of goods and services in the long term.
II. Provisions contained in the EU Free Trade Agreement
The present agreement with EU contemplates some provisions which are relevant for the purposes aforementioned. Accordingly, article 38, paragraph 1 and article 40 of the EU/CL Agreement treat the cultural interchanges between Chile and the EU member states. Article 38, paragraph 1 specifically deals with the fostering of special programmes that create permanent relationships at the level of first, second and third phase education. Furthermore, article 40 establishes the legal base for an interchange of information and cultural cooperation under bilateral programmes to be attained with EU member states.
Considering the general approach of the EU/CL Agreement to the issue of cultural interchanges it seems necessary to take advantage of the legal wording of the agreement. Therefore, specific actions should be implemented to put this provisions into effect. In practice, to reach the educational system of the EU at the moment results in a series of problems and barriers such as : a) complex administrative process; b) high economical burdens and in some cases c) discriminatory regulations; d) restrictions provisions and measures. Furthermore, considering the particular relation of Chile with respect to other nations in spite of this agreement the aforementioned administrative processes should be simplified, the economical thresholds lowered and the potential discriminations terminated and restrictions eliminated.
In this respect, it is indispensable for our authorities to start the negotiation of a General Agreement on Cultural and Educational Exchanges with the EU including all its member states or alternatively of a series of Bilateral Agreements on Cultural and Educational Exchanges with specific countries of the EU.
III. Bullet Point Topics for Discussion
The core of this Memorandum is directed to determine the problems actually presented in some countries of the EU for entering or completing studies at first, second or third phase of education. These situations are to be discussed at the EU/CL Mixed Commission.
The following problems are to be noted.
1. Students VISA
a. EU countries oblige the Chilean student to justify an absurd level of income. For example, in case of Holland depends on the level of education can vary between 600 to 1000 euros a month. No income required for EU member state student. (discrimination)
b. EU countries do not have a uniform price for the issuance of VISA, resulting in diverse amounts varing i.e. from 70 (Austria) to 450 (Holland) euros. (non uniform criteria and discrimination)
c. EU countries do not have a uniform term in the extension of the Visa. Sometimes Visas are extended for 6 months others for 1 year and in each opportunity the student must pay the fee upon issuance. (non uniform criteria)
d. EU countries are not uniform in the extension of a Schengen Visa for the students to have free movement within the Schengen area. For example, in case of Holland the student must request and pay a return VISA if he wants to go to other countries or temporarily return to his country of origin. No Visa required for EU member state students (discrimination).
2. EU countries have a delayed issuance of residence permits for a period of study. For example in Holland the issuance of a residence permit could take more than 1 year after the revision of a dossier containing complex information. In Austria it is given immediately after an interview with a public officer. (non uniform criteria)
3. EU countries have strict regulations for student work which make almost impossible for a Chilean student to have a student work to maintain his level of basic expenses. (restriction and discrimination)
4. EU systems oblige in some countries to request an offer from the employer, present formularies and prove the existence of sufficient funds for maintenance, despite the type of work which is highly restricted. (Holland only 10 hours a month) (restriction and discrimination)
5. EU countries establish barriers for the work of students at the end of courses, which in other places (USA) is seen as a necessary complement of education. (restriction)
6. EU countries do not allow Erasmus and Socrates interchange programmes for students coming from Chile. This is a discriminatory conduct since foreign students pay a high VISA for their studies and high tuitions for the Universities in which they enter. (restriction and discrimination)
