ABSTRACT

Most European University Alliances regroup public universities that provide a public service. This article explores how an EUA established as an EGTC could adopt legal acts to perform their activities as a public service from a transnational administrative law standpoint. Exploring the EGTC regulation and its legal environment, it appears that an EGTC could only adopt regulations to set the terms and conditions of infrastructures and SGEIs it is managing. However, this could still pose many difficulties when it comes to determining applicable national law and the competent jurisdiction if challenges were to be raised. Moreover, an EUA could not adopt acts with mandatory effect for its member universities. Thus, common regulations would have to be settled through soft law and conventions. Therefore, an EUA created as an EGTC could only adopt a limited range of unilateral decisions and acts. Henceforth it could not become a federal-type university but rather a member-driven one that would serve as a place of socialisation amongst members.