Anita Groener vs. the Minister for Education and the City of Dublin

1305 Words Jun 24th, 2008 6 Pages
SUMMARY OF THE CASE STUDY

The case study is presenting a lawsuit of Anita Groener, who is suing Minister for Education (hereinafter referred as ‘the Minister’) and the City of Dublin - Vocational Educational Committee (hereinafter referred as ‘the Education Committee’). The charge was based on the free movement of workers, more specific, knowledge of an official language of the host country. Mrs. Groener was a Netherlands’ national, who wanted to work as a full-time art teacher.

The origin of the dispute was the Minister’s refusal to appoint Mrs. Groener to a permanent full-time post as an art teacher employed by the Education Committee after she had failed a test, intended to asses her knowledge of the Irish language. Minister’s
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The documents before Court contain that the teaching of art, like that of most other subjects taught in public vocational education schools, is conducted essentially or indeed exclusively in the English language. It follows that the knowledge of the Irish Language is not required for the performance of the duties which teaching of the kind at issue specifically entails. The national court has to decide whether the linguistic requirement in question is justified ‘by reason of the nature of the post to be filled’. The Irish Constitution says: 1) The Irish language as the national language is the first official language, 2) The English language is recognized as a second official language, 3) Provision may be made by law for the exclusive use of either of the said languages for any one or more official purposes, either throughout the State or in any part thereof.

Irish is not spoken by the whole Irish population. The Irish government designed this policy to maintain and to promote their identity and culture. Teachers have an essential role to play, through teaching and by their participation in the daily life of the school and the privileged relationship which they have with their pupils. In those circumstances it is reasonable to require them to have some knowledge of the first national language. Community law requires that power to grant an exemption is exercised by the Minister in a non-discriminatory manner. The principle of non-discrimination
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