ABSTRACT

This chapter assesses both the opportunities and the persistent challenges of institutionalising European universities within the framework of EU law. The incompleteness of European Union competences in education and research – limited by the principles of conferral and subsidiarity – acts both as an obstacle and as a catalyst for innovation, prompting the emergence of creative legal solutions and hybrid governance models. Existing legal instruments, including the EEIG, EGTC, and national association forms such as the AISBL, are examined in light of their suitability for transnational academic cooperation. While no single legal model yet fulfils the ambitions of the Initiative, the vitality of the alliances demonstrates that incompleteness itself fuels innovation.