Where is the line drawn?

The EU's space for action in the world of education and culture

Abstract

This study examines the evolution of European Union action in the interrelated fields of education, culture, and family, with particular regard to the scope and limits of competences. Although these areas did not form part of the original objectives of European integration, since the 1970s both EU legislation and the case law of the Court of Justice of the European Union have progressively expanded the Union’s room for manoeuvre. The paper argues that this development has been driven, on the one hand, by an expansive interpretation of internal market competences, and, on the other, by the increasingly broad application of EU fundamental rights. Following the principles articulated in the Edicom case, EU regulation has come to affect areas that, according to the Treaties, remain primarily within Member State competence. The paper contends that this evolution could lead to a disruption of the balance established by the Treaties and weakens the safeguards protecting the vertical division of competences, in particular the principle of subsidiarity. The analysis also addresses the role of immaterial public policy and national identity, which—although theoretically capable of limiting EU action—have not proven sufficiently effective in judicial practice. In a broader perspective, the study emphasizes that education, culture, and family constitute fundamental pillars of communal identity and intellectual self-determination. It concludes that EU action in these fields should remain essentially supportive and complementary in nature, in line with the requirements of preserving diversity and Member State autonomy.