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The EU Education Policy in the Post-Lisbon Era

A Comprehensive Approach

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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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6. A Right to Education – The Fundamental Rights based Approach/The Legal Perspective

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Education has the potential to unlock the door to equality and participation[;] it constitutes the basis necessary for empowerment of each individual, and for the promotion of all human rights.418

6.1 Fundamental Rights Protection in the EU

It was not until the Maastricht Treaty that fundamental rights were formally recognised in EU primary law (cf. ex Article F(2) TEU). Although the TEEC did not include any reference to fundamental rights and it took some time for the “first distinct contours” of an EU constitutional framework for fundamental rights protection to emerge,419 the ECJ has always been vocal about its commitment to protect fundamental rights stating that

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