Despite the fact that the European Community / European Union had no immediate competence provision for higher education and research policy in the EC Treaty until 01.11.1993, the European Community has acted in many ways through education, research and innovation programs and in particular the European Court of Justice / Court of Justice of the European Union has spoken in controversial manner on issues of research and science policy. Early on, there were also restrictions on the competences of the Member States and its constituent states by the general prohibition of discrimination and by the fundamental freedoms ruled by the CJEU. The paper will analyze the jurisprudence by the CJEU in order to show that the rulings were a catalyst for the subsequent amendments of the treaties.
