This chapter analyses the set of rights that currently make up the status of a student in Europe, showing the influence of international rules, the principles enshrined in the European Court of Human Rights (ECHR) and the influence of European treaty law and secondary legislation. Thus, a picture emerges, which is above all the action of the jurisprudence of the Courts—in particular, the Court of Justice of the European Union (the Court) and ECHR (collectively referred to as ‘the Courts’)—to guide the still fragmented but significant construction of a European right to education. ‘Student’ status is deeply linked to the influence exerted on national systems by supranational law and by the law of the European Union (EU). This, in particular, in the sense of the affirmation of a status that is linked to the human person and regardless of nationality, is significant in the face of a fundamental social right. Also, in the sense of the progressive extension of the rights connected to the central core linked to the access of education, being a ‘student’ requires, in fact, the recognition of a set of rights that sometimes go beyond the relationship with educational institutions.
- de Witte, F. (2013). EU law, politics, and the social question. German Law Journal, 14(5), 591–612.Google Scholar
- Giubboni, S. (2017). Stato sociale e integrazione europea: Una rivisitazione teorica. Quaderni fiorentini per la storia del pensiero giuridico moderna, 46(1), 553–586.Google Scholar
- Joerges, C. (2011). Will the welfare state survive European integration? On the exhaustion of the legal conceptualisations of the integration project from the foundational period and the search for a new paradigm. European Journal of Social Law, 2011(1), 4–19.Google Scholar