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The EU Education Policy in the Post-Lisbon Era

A Comprehensive Approach


Caroline U. Amann

This book provides a comprehensive view of the current state of affairs and possible developments in EU education law and policy. It covers the innovations brought about by the Lisbon Treaty as well as the Lisbon/EU 2020 Strategy and its implications for education and training and analyses the EU programme Erasmus+. Moreover, it takes a close look at the right to education as contained in the Charter of Fundamental Human Rights of the European Union and outlines the main trends in European Court of Justice case law. Finally, it focuses on cohesion policy measures and assesses the education initiatives undertaken by macro-regional strategies and the European Grouping of Territorial Cooperation (EGTC) European Region Tyrol-South Tyrol-Trentino.


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5. Education and Training in the Lisbon Treaty


69 5. Education and Training in the Lisbon Treaty The 2007 Lisbon Treaty, also known as the Reform Treaty, entered into force in 2009. It amended the TEU and the TEC, renaming the latter Treaty on the Functioning of the European Union (TFEU). This was a necessary step, for the EU replaced and succeeded the EC (Article 1 para 3 TEU), ending confusion through “one single legal entity and structure”.220 The primary source of EU law, the TEU and the TFEU now share “the same legal value” (Article 1 para 3 TEU and Article 1(2) TFEU). Article 6(1) first subpara TEU stipulates that the Charter of Fundamental Human Rights of the European Union (CFREU) “shall have the same legal value as the Treaties.” On equal standing with the Treaties, the CFREU is now part of primary law. This is of particular importance for all things education-related as the CFREU includes a fundamental right to educa- tion (cf. Article 14 CFREU). The Lisbon Treaty has brought about substantial change making EU law less prone to competence creep. For the first time ever, a definition of the powers at- tributed to the EU is incorporated into the founding Treaties. The Lisbon Treaty distinguishes between three types of competence: exclusive, shared and sup- porting (cf. Article 2 TFEU). Article 5 TEU (ex Article 5 [ex Article 3b] TEC) draws on its predecessor, explicitly stating that competences are conferred by the Member States and that “[c]ompetences not conferred upon the...

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