EUROPEAN LEGAL FRAMEWORK IN THE FIELD OF EDUCATION: DO WE ACTUALLY NEED THE CROATIAN QUALIFICATIONS FRAMEWORK ACT?

Abstract

European Union contributes to the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and supplementing their action. European Union has exercised the said competences, inter alia, by establishing Europan Qualifications Framework implemented in Croatia via The Croatian Qualifications Framework Act, the provisions of which have already twice been repealed by the Constitutional Court for being contrary to the Croatian Constitution. The aim of this paper is to analyse EU legal framework in the sphere of education and to determine whether there is a legal duty and necessity of having a legally defined national qualifications framework and legal consequences of its potential repeal. The analysis has shown that, by repealing The Croatian Qualifications Framework Act, a source of constant legal conflict would be eliminated and the impact of the state on the labour market weakened, with a greater degree of autonomy given to the employers and their employment decisions. This proposal is not contrary to the EU law, since the existing Recommendation on the European Qualifications Framework is not binding and does not aim to replace national legislation, not does it harmonise Member States' education systems, which is beyond the competences of the EU.