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Free Movement of Persons & Education

Free Movement of Persons & Education. Art 14 - Charter on Fundamental Rights. 1. Everyone has the right to education and to have access to vocational and continuing training 2. This right includes the possibility to receive free compulsory education

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Free Movement of Persons & Education

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  1. Free Movement of Persons & Education

  2. Art 14 - Charter on Fundamental Rights 1. Everyone has the right to education and to have access to vocational and continuing training 2. This right includes the possibility to receive free compulsory education 3. The freedom to found educational establishments with due respect for democratic principles and the right of parents to ensure the education and the teaching of their children in conformity with their religious, philosophical and pedalogical convictions shall be respected, in accordance with national laws governing the exercise of such freedom right.

  3. Education rights – TFEU provisions • Education? vocational training (Article 156 TFEU) • workers access to education • Child of worker access to general education provided by the host State • Rights? • Concept of migrant student • Education as a service • Arts165 & 166 TFEU (policy coordination)

  4. Article 156 vocational training • With a view to achieving the objectives of Article 151 TFEU and without prejudice to the other provisions of the Treaties, the Commission shall encourage cooperation between the Member States and facilitate the coordination of their action in all social policy fields under this Chapter, particularly in matters relating to: — employment, — labour law and working conditions, — basic and advanced vocational training, — social security etc

  5. Article 165 TFEU (policy) • Article 165 1. The Union shall contribute to the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and supplementing their action, while fully respecting the responsibility of the Member States for the content of teaching and the organisation of education systems and their cultural and linguistic diversity. • + sporting issues and then list of specific actions

  6. Article 166 TFEU (vocational training) 1. The Union shall implement a vocational training policy which shall support and supplement the action of the Member States, while fully respecting the responsibility of the Member States for the content and organisation of vocational training.

  7. Background • Forcheri v Belgium 152/82 (not a migrant worker – wife of Commission official)) • Mobile students • Workers • Workers’ children/family

  8. Mobile students/workersWhat does ‘vocational training ‘ and ‘access’ mean? • Meaning of ‘vocational training’* • Meaning **‘access’ - right of access but not access to grants? • *Gravier 293/83, [1985] • *Blaizot 24/86, [1988] • **Raulin C-357/89, [1992]

  9. Workers/citizens (funding) NB differences between fees & grants (need to link to worker status) • Brown 197/86 • Lair 39/86 NB Art 24 of Dr 2004/38 (CRD) overrules Brown & Lair

  10. Workers’ families • Spouses/parents • children • Echternach & Moritz 389 & 398/87 • Brown 197/86 • Grants to study abroad Land Berlin C-308/89

  11. POST -EU CITIZENSHIP CASE LAW Post EU Citizenship • Grzelczyk C-184/99 [2001] ECR I-6193 • Bidar C-209/03 CJEU interpreted Article 21 TFEU (EU Citizenship) as encompassing students and not only economic migrants as there was nothing in the Treaty to suggest students do not qualify as ’citizens’

  12. Education as a service • Humbel [1988]– State education not a service as not ”normally provided for remuneration” – funded by public purse • Private education? Worth

  13. Advantages of education as a service • No need to refer to vocational training • Rights confined to mobile students & workers based on provisions which prohibit discrimination directly or indirectly and not on status BUT Service provisions remove restrictions The effect of the case law on citizenship

  14. Mutual recognition • Directives: The system of recognition of professional qualifications in the EU is governed by Directive 2005/36/EC, recently amended by Directive 2013/55/EC. The directive provides a modern EU system of recognition of professional experience and promotes automatic recognition of professional experience across the EU. • Vlassapoulou C-340/89

  15. Professions falling under specific legislation • Directive 2005/36/EC does not apply to professions for which the recognition of professional qualifications is governed by specific legal provisions. • These professions are sailors, statutory auditors, insurance intermediaries and aircraft controllers, as well as some other professions in transport or those linked to activities involving toxic products. • The specific directives for lawyers and commercial agents are also presented in this section.

  16. Legal profession • Directive77/249 on provision of legal services • Directive 98/5 on the right of establishment of lawyers

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