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Cross-Border Acknowledgment IV: The Collapse of Domestic Remedies under EU Charter Article 47

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Zenodo2025-12-08 更新2026-05-26 收录
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Abstract Cross-Border Acknowledgment IV: The Collapse of Domestic Remedies under EU Charter Article 47 examines how, in the Semmelweis University case, every domestic effort to protect educational rights under EU law was superficial and ineffective. An international medical student was denied access to a compulsory anatomy practical, examined under invalid conditions, and faced threats of disciplinary actions for whistleblowing based on research. However, no Hungarian authority—whether the university, the Ombudsman, the NAIH data protection agency, the accreditation committee, or the administrative court—provided a prompt, justified, and effective response. This paper does not present new facts. Instead, it synthesizes and reinterprets existing evidence published in the author’s SSRN series on Hungarian medical education and governance (Administrative Obstruction in EU Medical Education I, III, IV, VI; Cross-Border Acknowledgment of Academic Obstruction; Gatekeeper of Rights I–II; Educational Rights and Whistleblower Protection; Specimen Deficiency; Oral Exams Without Standards; Over-Enrolled and Under-Served). At the EU law level, it discusses Athanasiadou and Eliantonio’s analysis of the “silence of the EU authorities” and the limits of legal oversight over administrative inaction, drawing parallels at the Member State level where institutions acknowledge complaints but allow Article 47 to become largely ineffective. In the higher-education field, it examines the case against Pusztai et al.’s administrative-data study of Hungarian medical student attrition, arguing that administrative obstruction of access, assessment, and data governance likely contributes to the significantly higher dropout risk among self-financing international students.

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2025-12-08
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