La liberté de l'enseignement face à l'intervention publique

Abstract : Academic freedom implies the existence of private educational institutions. This raises the question of their relations with public authorities. Those links can lead ether to grant benefits to private institutions, or to set them limits. Our objectives is then to analuse the veracity of the principe of parity, between the public sector and the private sector. If the rignt to open a private educational institutution, as well as the right to choose the institution to be attended by our children are not questioned any more, the matter of public funding of private institutions has been more disputed. Yet, academic freedom effectiveness necessarily lead national and local government to grant benefits. In order to allow a maximum number of families to really choose between the two academics sectors, public funding of private institutions has become the main mean of academic freedom. Nonetheless, a legal frame for private institutions has been set by national government, highlighted by material constraints, by obligations in education programmes teached in schools, and by respect of fundamental rights proper to the differents role-players. Finally, modern aspects of academic freedom have to be pointed out, as they put private educational institutions at the same level as their public equivalent in many fields, but also with respect to obsolescence of some secular provisions that may favour or disfavour private institutions
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Nelly Ach. La liberté de l'enseignement face à l'intervention publique. Droit. Université Paul Verlaine - Metz, 2004. Français. ⟨NNT : 2004METZ001D⟩. ⟨tel-01750192⟩

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