european-union consumer-protection education netherlands
Can a university in EU refuse to grant me a degree after I completed studies?
<p>I have completed a 120 ECTS Master program in a research university in the Netherlands. However, to get a diploma, I need to make a separate application. I did not apply for the diploma in time before my enrollment ended. The university has a rule that I must be enrolled to apply for the diploma, which means I have to pay for at least one more month of enrollment to make the application.</p>

<p>How legal is this rule? Is it regulated by EU law or Dutch law or is it an arbitrary rule of this university? What laws regulate issuing of diplomas/degree certificates in EU in general?</p>

<p>Also, if I can't get a diploma, how can I at least get some verification of my earned ECTS-credits?</p>

<p>This question concerns Dutch law. Specifically, the <em>Wet op het hoger onderwijs en wetenschappelijk onderzoek</em> (&quot;<strong>WHW</strong>&quot;) is applicable, as well as further rules seth forth by the Board of your university.</p>
<p>Pursuant to Article 7.10(2) WHW, a degree is completed once all study elements (individual exams) of the degree program are graded/completed, insofar the <em>examencommissie</em> (Examination Board) has not called for an additional investigation into the knowledge, understanding and skills of the candidate. Once a degree is completed, the University Board <strong>must</strong> grant the candidate the applicable degree pursuant to Article 7.10a WHW (e.g. by declaring that you are now a Master of Science).</p>
<p>Pursuant to Article 7.11(2) WHW, the <em>examencommissie</em> (Examination Board) must grant a diploma after completion of all study elements of the degree <strong>and</strong> after the University Board has declared that all procedural requirements for grant have been met. From Dutch parliamentiary history (<em>Kamerstukken II</em> 2008/09, 31 821, nr. 3, p. 57-58 (MvT)) (which is an authorative legal source for explaining provisions in Dutch legislation), it is clear that with &quot;procedural requirements&quot;, the lawmaker referred to obligations such as the payment of tuition fees. The University Board is allowed to make such procedural rules.</p>
<p>Therefore, the University Board must grant you a degree if you have completed all ECTS, however the Examination Board may not grant the diploma if it deems that procedural requirments (different per university) were not met. It would thus be advisable to find out (via the university website) what these procedural requirements are.</p>
<p>If you request the University Board in writing (ex Article 4:1 and further <em>Algemene wet bestuursrecht</em> (&quot;<strong>Awb</strong>&quot;)) to grant you the degree pursuant to Article 7.10a WHW and to make the declaration pursuant to Article 7.11(2) WHW, the University Board is obliged to make a written formal decision on your request, generally within 8 weeks at the most (ex 4:13(2) Awb). You have the right to appeal this decision before an administrative body.</p>
<p><strong>Please note</strong> that amicable setlement with the university is in any case preferable. If that doesn't work however, I would advise you to contact a Dutch lawyer.</p>
