Publication details
Právo zřizovat soukromé školy z pohledu práva na vzdělání
| Title in English | The Right to Establish Private Schools in the Context of the Right to Education |
|---|---|
| Authors | |
| Year of publication | 2025 |
| Type | Article in Periodical |
| Magazine / Source | Právník : teoretický časopis pro otázky státu a práva |
| MU Faculty or unit | |
| Citation | |
| web | URL |
| Keywords | Private Schools; Right to Education; Long-term Objectives; Education Act |
| Attached files | |
| Description | According to the Education Act, a private school cannot be established if the establishment of such school does not comply with the national and regional long-term objective of education and the develop- ment of the educational system. This regulation has already been scrutinised by the Constitutional Court of the Czech Republic was upheld as constitutional. In this article, we critically examine this regulation, as well as the case law of the Constitutional Court and subsequent case law of the Supreme Administrative Court. In our opinion, this regulation constitutes an unacceptable breach of the liberty to establish private schools, which is protected by the constitutional order of the Czech Republic. Our argumentation is primarily based on international human rights instruments. Firstly, we express our disagreement with the opinion that our constitutional order does not protect the liberty to establish private schools and that the issue must be viewed not primarily from the perspective of private school founders, but from the perspective of parents and children. Furthermore, we challenge the notion of the courts that a benefit of the regulation in question is that it impacts all founders, no matter whether public or private, equally. Lastly, we propose our own defi- nition of the essential core of the liberty protected on the national level by Article 33 paragraph 3 of the Charter of Fundamental Rights and Freedoms. Based on that conclusion, we argue that the regulation in question constitutes a breach of the essential core of the liberty protected and therefore must be subjected to the proportionality test. The regulation, however, does not pass this test. |