ABSTRACT
The EU’s competence in higher education, governed by Article 165 TFEU, presents a paradoxical framework characterised by strict limitations yet effective implementation. This supporting and coordinating competence prohibits harmonisation and restricts Union action to incentive measures, creating an almost inhibited competence that requires national action as a prerequisite for EU intervention. Despite these constraints, the Union has successfully developed a comprehensive higher education policy through non-binding instruments, financial mechanisms such as Erasmus+, and the Open Method of Coordination. The paper reveals a paradigmatic shift from coordination to integration, exemplified by initiatives like the European University Alliances that test the boundaries of the Union’s formal competences. While legally constrained, the EU’s capacity to influence and structure higher education continues to expand through soft governance mechanisms that enable gradual integration whilst respecting Member State sovereignty. This competence creep demonstrates how the Union operates within its limited mandate while progressively broadening its material scope, transforming what appears to be a weak competence into an effective tool for European educational integration.
