Hostname: page-component-cd9895bd7-gbm5v Total loading time: 0 Render date: 2024-12-22T06:51:03.365Z Has data issue: false hasContentIssue false
  • English
  • Français

From Migrants to Citizens? European Community Policy on Intercultural Education

Published online by Cambridge University Press:  17 January 2008

Holly Cullen
Get access Rights & Permissions [Opens in a new window]

Extract

Policy-making in the European Community in the area of education for migrants is driven by two conflicting pressures. On one side, the principle of effectiveness requires that the rights of free movement within the Community be supported by the best possible education for the children of migrants. However, on the other side is the importance of primary education to the member States as a political and cultural matter. This pressure is reinforced by the principle of subsidiarity. Member States have been relatively willing to support co-operative action by the Community in the area of higher education, such as in the ERASMUS exchange programmes. However, member States have been active in protecting their jurisdiction over education policy, particularly at the primary and secondary levels. As result, Community laws protecting the education rights of migrants have been most effective where two factors are present: first, that the rules are closely attached to the rights of free movement within the single market; and second, that the rules interfere as little as possible with substantive education policy. The first factor constitutes a significant weakness in Community education rights because it has created a distinction between Community migrants and those from third countries. The second factor has meant that the only Community policy on the education of migrants which could be described as an education right is the guarantee of equality of access to education within a member State.

Type
Articles
Information
International & Comparative Law Quarterly , Volume 45 , Issue 1 , January 1996 , pp. 109 - 129
Copyright
Copyright © British Institute of International and Comparative Law 1996

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1. Appel, , “The Language Education of Immigrant Workers' Children in the Netherlands”, in Skutnabb-Kangas, and Cummins, (Eds), Minority Education: From Shame to Struggle (1988). p.57.Google Scholar

2. Hinnenkamp, , “The Refusal of Second-Language Learning in Interethnic Context”, in Giles, Robinson and Smith, (Eds), Language: Social Psychological Perspectives (1980), p.179.CrossRefGoogle Scholar

3. See Cullen, “Education Rights or Minority Rights?” (1993) 7 IntJ. of Law and the Family 134 for a discussion of the implications of these values within education rights.

4. (1993) 32 I.L.M. 911.

5. Capotorti, , Study of the Rights of Persons Belonging to Ethnic, Religious and Linguistic Minorities (1979), p.96.Google Scholar

6. Idem, pp.6 and 10.

7. (1975) 1120 U.N.T.S. 323.

8. International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families (1990) 30 I.L.M. 1517.

9. Van, Dijk and van, Hoof, Theory and Practice of the European Convention on Human Rights (2nd edn, 1990), p.467.Google Scholar

10. (1968) 1 E.H.R.R. 252.

11. X. v. Belgium, Application No.4372/70, Collection 37,101.

12. (1955) 529 U.N.T.S. 141.

13. E.T.S. 93 (1977).

14. Lenaerts, “Education in European Community Law after ‘Maastricht’” (1994) 31 C.M.L.Rev. 7, 18–24.

15. Idem, pp.24–40.

16. Beuket, “Reconstructing Integration Theory: The Case of Education Policy in the EC” (1994) 29 Co-operation and Conflict 33.

17. Case 76/72 [1973] E.C.R. 457.

18. Idem, para.15.

19. Case 9/74 Casagrande v. Landeshauptstadt München [1974] E.C.R. 773.

20. Idem, para.9.

21. Gould, , “Children's Education and the European Court of Justice”, in Freestone, (Ed.), Children and the Law (1990), p. 172, at p. 176.Google Scholar

22. Casagrande, supra n.19, at para. 12; also, opinion of Advocate General Warner, p.783.

23. Lenaerts, , op. cit. supra n.14, at p.11.Google Scholar

24. Joined Cases 389 and 390/87 Echternach and Moritz v. Netherlands Minister for Education and Science [1989] E.C.R. 723, para.29.

25. Flynn, “Vocational Training in Community Law and Practice” (1988) 8 Y.E.L. 59, discussing Case 293/83 Gravier v. University of Liège [1985] E.C.R. 593.

26. Case 235/87 Matteucci v. Communauté Française of Belgium [1988] E.C.R. 5589.

27. Supra n.24.

28. Idem, para.48 of the Opinion of Advocate General Darmon, and paras. 19–20 of the judgment.

29. Idem, paras.54 and 21 respectively.

30. Idem, para.35 of the judgment.

31. Lonbay, “Education and Law: The Community Context” (1989) 14 E.L. Rev. 363,382.

32. Case C-380/89 [1990] E.C.R. I-4185.

33. Case 42/87 [1989] 1 C.M.L.R. 457.

34. Case 39/86 [1988] E.C.R. 3161.

35. Ibid. See also Case C-357/89 Raulin v. Minister van Onderwijs en Wetenschappen [1992] E.C.R. I-1027.

36. Case C-3/90 [1992] E.C.R. I-1071.

37. Idem, paras.25–26.

38. Idem, para.28.

39. Commission of the European Communities, Report on the Education of Migrants' Children in the European Union. COM(94)80 Final, Brussels, 25 Mar. 1994, p.16 and Appendix, p.2.

40. Commission of the European Communities, The Children of Migrant Workers (Education Series, No.l), pp.12–17.

41. See e.g. Raoufi, , “The Children of Guest-Workers in the Federal Republic of Germany: Maladjustment and its Effects on Academic Performance”, in Bhatnagar, (Ed.), Educating Immigrants (1981), p.113.Google Scholar

42. (1976) O.J. C34.

43. Supra n 40.

44. Commission of the European Communities, Report on the Implementation of Directive 77/486, COM(88)787 Final, p.4.

45. De, Witte, “Surviving in Babel? Language Rights and European Integration”, in Dinstein, and Tabory, (Eds), The Protection of Minorities and Human Rights (1992). p.277. at p.291.Google Scholar

46. Commission of the European Communities, Report on Implementation of Directive 77/486, COM(84)54 Final: European Parliament, Motion for resolution and explanatory statement. PE DOC A 2–12/85, pp.14–15.

47. Commission, Idem

48. Idem

49. Commission of the European Communities, Report on Pilot Schemes Relating to Education of Migrant Workers' Children, COM(84)244 Final, pp.1 and 35.

50. Idem, p.3.

51. Idem, p.4.

52. Idem, p.12; see also Raoufi, , op. cit. supra n.41. at pp. 123–124.Google Scholar

53. Commission, Idem, pp.15–16 and 21.

54. Commission, op. cit. supra n.44, at pp.8 and 125.Google Scholar

55. Idem, p.125. At this stage, the Commission was of the opinion that Art.2 of the Directive created direct effects: see infra.

56. Idem, pp.126–127.

57. European Parliament. Report: On the Education of the Children of Migrant Workers, Doc.1–329/81, PE 73.415/fin., 30 June 1981.

58. Idem, p.7.

59. Idem, pp.7–8.

60. Idem, pp.10–11.

61. European Parliament, Resolution on the education of the children of migrant workers (1981) O.J. C260,18 Sept. 1981.

62. European Parliament, Resolution on the implementation of Directive 77/486 on the education of the children of migrant workers (1985) O.J. C122, 16 Apr. 1985; also European Parliament, op. cit. supra n.46, at pp.9 and 19.

63. European Parliament, Resolution on the application of Directive 77/486/EEC on the education of children of migrant workers (1987) O.J. C125,11 May 1987, p.8.

64. Commission, op. cit. supra n.46, at pp.13–15.

65. Idem, p. 13. See also 1985 resolution, supra n.63.

66. Supra n.63.

67. Commission, op. cit. supra n.39. at p.14.Google Scholar

68. Commission, op. cit. supra n.44, at p.8.Google Scholar

69. European Parliament, Report on Cultural Plurality and the Problems of School Education in the European Community, EP DOC A3–399/92,3 Dec. 1992, p. 19.

70. Case 43/75 Defrenne v. SABENA [1976] E.C.R. 455.

71. De, Witte, op. cit. supra n.45. at pp.294–295; Case 371/87 Groener v. Minister for Education and City of Dublin Education Committee [1989] E.C.R. 3967.Google Scholar

72. Supra n.69.

73. Idem, p.29.

74. European Parliament, Debates, No.3–426,19 and 21 Jan. 1993.

75. European Parliament, Resolution on cultural plurality and the problems of school education for children of immigrants in the European Community (1993) O.J. C42,21 Jan. 1993.

76. Supra n.39.

77. Idem, p.6.

78. See the Economic and Social Committee, Opinion on the citizens' Europe, CES(92) 1037 and Commission, Report on the Citizenship of the Union, COM(93)702.

79. Commission, op. cit. supra n.39. Appendix, at p.2.Google Scholar

80. Idem, p.18.

81. Decision 819/95/EC of the Parliament and of the Council of 14 Mar. 199S. establishing the Community Action Programme SOCRATES (1995) O.J. L87/10.

82. Commission. Proposal for a European Parliament and Council Decision establishing the Community action programme “Socrates” (1994) O.J. C66/3. The Commission also referred to integration and equality of opportunity as goals of the Action on migrants' education.

83. Proposal, amended by Parliament (1994) O.J. C128/479. The Parliament also questioned the use of both Arts. 126 and 127 EC at the legal basis for the decision, being of the opinion that the programme dealt only with Art.126 issues. The common position version reinstated the dual legal basis.

84. Council. Common Position (EC) No.33/94 (1994) O.J. C244/51.

85. Parliament, second reading amendments (1994) O.J. C323/50; Commission, Opinion on European Parliament's Amendments. COM(94)502 Final.

86. Appel, . op. cit. supra n.1, at pp.67–70.Google Scholar

87. Commission, op. cit. supra n.39, at p. 18.Google Scholar