Towards an EU right to education

Book abstract:

The aim of this book is to investigate the evolution of the law and policy on education and vocational training in the light of Community competencies now enshrined in Articles 149 (education) and 150 (vocational training) of the Treaty of European Union, and to address the several questions arising from those legal developments.

The author approaches the task on two fronts; the legal and the political. The legal approach explores the emergence of a European right to education resulting from the gathering together of all individual educational rights affirmed up until now in the Community legal order. The political approach in this context aims to demonstrate how the development of these policies has been shaped by the interaction of judicial rulings on individual rights prohibiting discrimination and the political players seeking to regain 'territory' lost to the judiciary.

The book is organised in two parts to reflect the author's approach. Part 1 provides background to the Community education and vocational training rights and policies and moves on to the legal analysis of the Community competencies as they result from Articles 149 and 150. Part II seeks to explore the evolution of the competencies beyond these Articles whether by positive integration or by development of Community educational rights and asserts that the inclusion of a fundamental right to education in the European Union Charter of fundamental rights confirms the existence of such a right.

The work will interest educators, social scientists and policy makers in this important area of social and economic development.