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  • Author: Joanna Górska-Szymczak x
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The aim of this article is to analyze which issues, and why, influenced the systems of education at the turn of XX and XXI century to the extent that led to the need of resolving them at the level of international tribunals in Europe - the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). Within the case law of the CJEU, the analysis was based on the cases concerning the right to education of migrant children and the right of the holder of a secondary education diploma awarded in a Member State to access the higher education institution in another Member State. As far as the case law of the ECtHR is concerned, the author considers the cases dealing with the issue of wearing headscarves and displaying crucifixes in educational institutions in the context of the freedom of religion, the case with a problem of an alternative for religious education in public school and the cases on the discrimination in education. The conclusion is that the systems of education are vulnerable to challenges faced by the entire society and reflect the changes undergoing within it.


The Chinese One Belt One Road initiative refers to the idea of the so-called New Silk Road. This ancient trade route connected Asia’s Far East with Europe from the earliest times. In various historical periods, this way of trade has often been interrupted by violent events and rivalry of hegemons that are changing in this huge space.

The current OBOR project assumes an important role of the countries of Central and Eastern Europe. It is an area that includes a large number of countries interested in intensifying cooperation with China and Asian countries.

However, the implementation of this project will certainly take many years. While the countries of this region are expecting quick infrastructural investments, in particular in the area of communication. This is a condition for the future success of the Chinese project.

On the other hand, there are many serious conflicts on the route of the planned route of major transport connections (i.e. in Syria, areas inhabited by Kurds). Without a long-lasting calming of this area, the implementation of this project will not be possible.


The judicial decision of the Constitutional Tribunal from 3rd December 2015 (K/34/15) is the subject of the analysis. In this case the Tribunal considered the matter of the constitutional character of the act on the Constitutional Tribunal from June 2015.

The authors focused on the question of justification of the Tribunal opinion regarding the regulations which were the basis for the appointment of five judges of the Constitutional Tribunal by the Sejm of VII term.

While discussing the justification of the Tribunal the authors emphasize that the Tribunal justified its opinion, according to which it acknowledged the constitutional basis for the appointment of three individuals and questioned the constitutional character of the same regulations in case of two others, in an entirely superficial manner.

The authors present as a significant element of their reasoning the circumstances of adopting by the American Supreme Court in 1803 the adjudication in the Marbury v. Madison case in order to emphasize in this context the weight of rational and thorough argumentation of the grave constitutional matters. Taking the above into account, it is even more clearly visible that in the discussed judicial decision the Constitutional Tribunal limited its reaction to the laconic set of arguments regarding this key matter.