EU Equality Law

Spis treści

Workshop activity

“EU EQUALITY LAW”

  • Module: Skills
  • Duration: 20–25 minutes
  • Suggestion: Task for advanced groups, recommended for upper secondary students

Task: Divide the class into several groups. Give each group a description of a situation (printable descriptions can be found in the “attachments” section). Ask participants to prepare answers to the questions at the end of each situation. They will have several minutes to complete the task. Then, discuss the answers with the class. Make sure each group shares their thoughts during the discussion.

Use the “Knowledge” module to talk with the class about rights and freedoms protected in the European Union, as well as the principle of the primacy of EU law. Reflect together on the role of European courts and the European Ombudsman.

THE SCENARIO

Parliamentarians from one of the smaller EU member states want to introduce a regulation under which the EU student exchange program would be free only for neighboring countries. This means, for example, that a student from Poland would not be able to participate for free in an exchange with a university in Spain. The new rules would significantly favor students from so-called Western European countries, which joined the European Union earlier, while limiting the opportunities for students from other countries to experience these institutions. European media reported that, according to their findings, the government of this state had already secured the necessary majority in the Council of the European Union to pass its proposal. In response, student organizations at European universities, particularly in Central and Eastern Europe, organized protests to express their opposition to the planned changes. These organizations emphasized the blatant inconsistency of the proposed regulation with both primary EU law, particularly the Charter of Fundamental Rights of the European Union, and the European Convention on Human Rights. The protests were quickly suppressed by the internal authorities of the member state universities. Students participating in the protests were threatened with failing the academic year. This provoked outrage among the student community. Despite these obstacles, the campaign culminated in a transnational petition to block the new regulation. Student organizations also launched a European Citizens’ Initiative, aiming to collect 1,000,000 signatures to propose a new educational program that would consider the needs of all member states’ communities.

Questions for the groups

1. How do you assess this solution?
2. Do you consider it fair?
3. Why do you think the parliamentarians decided on this proposal?
4. Do you think it is consistent with the spirit and values of the European Union? Explain why you think it is or isn’t.
5. What do you think students gain from the opportunity to study for free in another EU member state?
6. What are the benefits for the European Union of having a student exchange program?
7. Which rights and freedoms guaranteed by EU law were violated in this case?
8. Which rights and freedoms guaranteed by the European Convention on Human Rights were violated in this case?
9. Propose a ruling that the Court of Justice of the European Union or the European Court of Human Rights could issue after examining this case.
10. Could the signature collection procedure initiated by the student organizations be successful? If so, what conditions would need to be met for it to succeed?

SUPPLEMENTARY MATERIALS FOR THE TASK, WHICH YOU CAN USE AFTER THE DEBATE

Basic articles to use when solving the task

CHARTER OF FUNDAMENTAL RIGHTS

Article 11

Freedom of expression and information

1. Everyone has the right to freedom of expression. This right includes freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.

2. The freedom and pluralism of the media shall be respected.

Article 12

Freedom of assembly and of association

1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels, in particular in political, trade union and civic matters, which implies the right of everyone to form and to join trade unions for the protection of his or her interests.

2. Political parties at Union level contribute to expressing the political will of the citizens of the Union.

Article 14

Right to education

1. Everyone has the right to education and to have access to vocational and continuing training.

2. This right includes the possibility to receive free compulsory education.

3. The freedom to found educational establishments with due respect for democratic principles and the right of parents to ensure the education and teaching of their children in conformity with their own religious, philosophical and pedagogical convictions shall be respected, in accordance with national laws governing the exercise of such freedom and right.

Article 20

Equality before the law

Everyone is equal before the law.

Article 21

Non-discrimination

1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.

2. Within the scope of application of the Treaties and without prejudice to any of their specific provisions, any discrimination on grounds of nationality shall be prohibited.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Article 10

Freedom of expression

1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

Article 11

Freedom of assembly and association

1. Everyone has the right to freedom of peaceful assembly and to freedom of association, including the right to form and to join trade unions for the protection of his or her interests.

2. The exercise of these rights shall not be subject to any restrictions other than those prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. This Article shall not prevent the lawful restrictions imposed on the exercise of these rights by members of the armed forces, the police or the administration of the State.

Article 14

Prohibition of discrimination

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

PROTOCOL TO THE CONVENTION

Article 2

Right to education

No one shall be deprived of the right to education. In the exercise of any functions which it assumes in the field of education and teaching, the State recognizes the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.

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