Researchers Mobility as a Manifestation of Integrated Legal Regulation in Europe

Abstract

The authors study the legal regulation of research mobility within the European research area established in the European Union and the European higher education area, which has a wider range of member States of the Bologna process. The author emphasizes the relationship between the legal policies of the European Union in the research and innovation, education, as well as the free movement of workers, and the legal policy implemented within the European higher education area, which gives the phenomenon of research mobility an integrated character. The legal regulation of research mobility in the EU for third-country nationals, many of whom are members of the European higher education area, serves as an additional confirmation of integration. The article deals with legal acts of EU law that directly or indirectly affect the problem of international mobility of researchers, as well as soft law acts, including policy documents. See the genesis and development of this area of legal regulation, we consider the so-called “limited edition” joint competence of the EU in the field of research and the “movement of knowledge”, claiming the status of “fifth” freedom, and also noted while a minor role of the EU Court practice in the field of mobility of researchers. The article analyzes the European legal mechanisms, the experience of which is a necessary tool for building their own model of exchange of scientists, contributing to the scientific development of the countries of the Eurasian economic Union. Based on the results of this work, the authors conclude that the experience of legal regulation of research mobility in the EU can be used by the Russian Federation in formulating proposals for the development of the EAEU, provided that this experience is adapted to the conditions of Eurasian integration. The adaptation of these mechanisms can also be used to support relations between the Russian Federation and the European Union in the implementation of the agreement on cooperation in the field of science and technology of November 16, 2000. In addition, it was found necessary to develop recommendations on academic and research mobility within the European higher education area, using the experience of legal regulation of mobility in the law of the European Union and taking into account the interests of all States participating in the Bologna process, including the Russian Federation.