Towards an EU Right to Education

Under articles 149 (education) and 150 (vocational training) of the European Union Treaty, the EU has competence to complement the education systems of Member States.

This book not only explores the nature and likely extent of that competence, but investigates other ways in which education law and policy may grow at the European level.

Beginning with a detailed analysis of EU law and policy in this area and how it has developed, the author identifies the maximum extent Community education and vocational training competencies may reach under Articles 149 and 150.

Although the Community may indeed implement education and vocational training policies with a very wide content, the kind of action it may carry out in these fields is limited by the nature of the competence it has received.

However, "Towards an EU Right to Education" goes on to investigate whether Community education and vocational training competencies may have a distinct parallel evolution outside the framework of the two Articles in question. Focusing on the issues of individual educational and training rights under Community law, the author shows that the development of education and vocational training competencies may still occur in the context of European citizenship, free movement and equal treatment.

This approach to the issue of education is clearly affirmed by the recent consolidation of a right to education in the Charter of Fundamental Rights of the European Union - a step which strongly implies the transnational application of a national right to education.