Features of exercising the right to education for persons granted temporary protection in European Union member states

Abstract

The Council of the European Union, by an implementing decision on March 4, 2022, put into effect Directive No. 2001/55/EU of July 20, 2001, on minimum standards for the provision of temporary protection in the event of a mass influx of displaced persons and measures promoting the balancing of efforts between member states to receive such persons and solving the consequences thereof. The problems of exercising the right to education as a natural human right by persons granted temporary protection in the European Union are urgent. In view of the above, the purpose of the study was to address the unique aspects of exercising of the right to education by persons who were granted temporary protection in the member states of the European Union. The methodological basis of the research is the dialectical method and methods of analysis, synthesis, comparison, modelling, system and functional approach, statistical, and formal legal. The paper defines that access to education for persons granted temporary protection in the European Union is provided for by Council Directive No. 2001/55/EU, according to which the member states of the European Union provide full access to the education system for all minors who were granted temporary protection status, on an equal basis with their citizens. It is noted that member states of the European Union may provide for restrictions on such access by the state education system. The specifics of the exercise of the right to education by these persons are also consolidated in the national legislation of EU member states. It was found that these states can provide for restrictions on access to the state education system. They also carry out procedures for recognising foreign diplomas, certificates, and other documents confirming the official qualifications of persons granted temporary protection. The practical value of the results obtained lies in the fact that they can be used to improve the legislation regulating the grounds and procedure for obtaining temporary protection for persons forcibly displaced from Ukraine in EU member states, and the specifics of exercising the rights and obligations by persons with temporary protection