Сonstitutional and legal regulation of the limitation of the right to education during a state of emergency in EU member states

Abstract

Education is the key to the sustainable development of mankind [1; 2]. Observance and protection of the human right to education is an important and urgent issue for the world community, which makes maximum efforts in this area [3]. The right to education is a guarantee of the realization of a number of other subjective legal rights. Currently, a system of basic human rights and freedoms has developed, which are interconnected and in harmony with each other. This contributes to the normal functioning of humanity, the progressive development of society [4; 5].
 Everyone's right to education, enshrined in international law, in the course of their implementation in practice should not harm the rights and freedoms of other persons, as well as other legally protected interests of the individual, society and the state. For this purpose, states are forced to limit the right to education under certain conditions with the help of international legal and domestic legal means.
 In particular, a global threat to humanity has arisen in the modern world - Russia's aggression. The Russian federation is waging a full-scale war on the territory of Ukraine, occupied part of the territory of Ukraine, Moldova, Georgia, tried to start military operations in Kazakhstan, Azerbaijan. And here the issue of reasonable and necessary restriction of the human right to education in the conditions of a state of emergency or war comes to the fore.
 Attention is focused on the concept of the rule of law, because one of its features is the recognition of the natural nature of human rights and freedoms. The constitutions of Spain, the Netherlands, Germany and other states were analyzed. Three methods of constitutional and legal regulation of the restriction of rights and freedoms in the state of emergency have been identified. It has been established that the constitutions of Spain, the Netherlands, and the Federal Republic of Germany enshrine human rights, which may be restricted under conditions of a state of emergency or a state of defense, but the right to education is not included in this list. The second way of regulating the limitation of rights and freedoms in the state of emergency is that only those rights that cannot be limited in any way are listed (Portugal). The list of rights that can be limited remains open. The right to education is not included in the list of rights that cannot be limited. The third way of regulation of restrictions - the constitution enshrines norms according to which restrictions on human rights are possible during a state of emergency, but does not establish a list of these rights - there is a reference to a special law that develops the provisions of the constitution.
 It is concluded that the first method is the most consistent with the concept of the rule of law: establishing an exhaustive list of those rights and freedoms that can be limited.