Educational Rights of Union Citizens

Question 1

Brown

Answer 1

1) Defines Vocational Schools:
Referring solely to establishments only provide instruction interposed between employment – or else closely connected with employment particular to apprenticeship

Not the case with Universities - will not fall under article 7.3.

2) Education policy fell outside the scope of the treaty – therefore the general prohibition in article 18 TFEU was not applicable to education grants
Contrast with Lair

Question 2

Gravier

Answer 2

Vocational training as any form of education which prepares for a qualification for a particular trade, profession employment – in this case

Question 3

Blaziot

Answer 3

Universities generally satisfy vocational training - except those courses that enhances one’s general knowledge

Question 4

Lair

Answer 4

ECJ recognised the right to education grants in Lair -
by looking article 7(2) Regulation 492/2011

Available to workers and quasi-workers (Lair – educational grants were under social assistance)

Lair – also in the context educational grants, workers did not only include person in a continuing employment relationship, but a person who is no longer in an employment relationship will retain the status of a worker for the purpose of qualifying for a grant if there is a link between their previous employment and later studies.

Question 5

Echternach and Mortiz

Answer 5

extends to all forms of education – including at university and technical colleges

ECJ: the child will retain the right under article 10 were his parents were to return to the country of origin but the child not able to purse his studies in that member state and therefore remain in the host member state to finish education

Question 6

Cassagrande

Answer 6

Principle: the rights extend not only to admission but also to general measures intended to facilitate educational attendance (e.g. educational grants)

Such grants had to be awarded under conditions which did not discriminate between the children of national workers and the children of workers who are nationals of another MS.

Thus, it will be unlawful for German authorities to refuse a monthly educational grant for children to the daughter of an Italian national working in Germany on the ground that the daughter was not German