Answer to Written Question: EU legislation concerning the schools attended by the children of cross-border commuters

(Source: European Parliament)



Answer given by Mr Schmit

on behalf of the European Commission


1. Children of frontier workers who do not reside in the Member State of the concerned parent’s employment have no entitlement under Article 45(1) and (2) of the Treaty on the Functioning of the European Union (TFEU) and Article 7(1) and (2) of Regulation (EU) No 492/2011[1] to the same rules and conditions on school attendance, concerning schools in the country where the Frontier worker’s employment is located, as the inhabitants of that country[2].

2. & 3. Under Article 165 TFEU the organisation of national education systems is the responsibility of Member States, while the Union action in that field has a supportive role. The Member States’ competence in that field has to be exercised in a way which is compatible with EU law[3]. Under Article 10 of Regulation (EU) No 492/2011, the children of EU workers shall be admitted to general education, apprenticeships and vocational training courses on the same basis as nationals of the host State, if those children are living in its territory.

[1] Regulation (EU) No 492/2011 on freedom of movement for workers within the Union, OJ L 141, 27.5.2011.

[2] See Case 263/86, paragraphs 24 and 25 – judgment of the Court of Justice of the EU of 27.09.1988.

[3] See case 9/74 Casagrande, paragraph 12 – judgment of the Court of Justice of the EU of 3 July 1974, and C-73/08 Bressol, paragraph 28 – judgment of the Court of Justice of the EU of 13 April 2010.

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