Abstract
In modern Romania, the legal protection of the right to education has played an important role in the activity of government, parliament and political parties in general. A turning point in defining the national educational policy was the elaboration of the Public Education Law in 1864. By expressing the ideal of the revolutionary generations of 1848, this law addressed the principle of free and compulsory primary education. The progress of the Romanian society depended on applying this principle. On November 25, 1864, Al. I. Cuza enacted the Public Education Law, the first law to provide a unitary learning system for both principalities. The provisions of this law extended to both public and private educational institutions and regulated education at all levels (Bârsănescu and Bârsănescu, 1978). The fundamental principles of this law are: unitary and mandatory character, gratuity, and as a premiere in our legislation, equal access to education regardless of gender (Legea instrucţiunii publice, 1864, Art. 31).
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