Selected Problems of Education in Europe at the Turn of XX and XXI Century in the Case Law of European Tribunals

Abstract

Abstract The aim of this article is to analyze which issues, and why, influenced the systems of education at the turn of XX and XXI century to the extent that led to the need of resolving them at the level of international tribunals in Europe - the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). Within the case law of the CJEU, the analysis was based on the cases concerning the right to education of migrant children and the right of the holder of a secondary education diploma awarded in a Member State to access the higher education institution in another Member State. As far as the case law of the ECtHR is concerned, the author considers the cases dealing with the issue of wearing headscarves and displaying crucifixes in educational institutions in the context of the freedom of religion, the case with a problem of an alternative for religious education in public school and the cases on the discrimination in education. The conclusion is that the systems of education are vulnerable to challenges faced by the entire society and reflect the changes undergoing within it.