2.1 EU Legislation on bullying and cyberbullying

The European Union does have a specific legal framework to fight bullying and cyberbullying. However, the specific competences vary in the different member states. This is due to the division of competencies established by the Maastricht treaty of 1993. As a consequence, the only exclusive competencies that the EU can exert over its member states concern the customs union, the internal market, the monetary policies, the fishery policies and the common commercial policies. Regarding the rest of its competencies, the principle of subsidiarity impedes the EU to impose any legal framework to its member states. This limiting principle basically states that “social and political issues should be dealt with at the most immediate and local level that is consistent with their resolution” (Dankmeijer, 2020). In practice, this principle only allows for the EU to support member states to share best practices and to promote communication and cooperation with and among national authorities in establishing a legal framework. 

Therefore, competencies can either be shared between the member states and the EU or of support from the EU to its member state. Regarding bullying and cyberbullying of students in an academic area, the EU can only support the member states in establishing legislation within the framework of European values.

In this sense, a few directives are considered relevant to take into account when regulating this issue. Directives include:

Moreover, by being part of the European Union, its member states have to respect the organization’s fundamental values, including equality, combating violence and discrimination and reducing school leaving. In this regard, the EU has also established programs for its member states to receive help in fighting for the rights of children and against any type of discrimination, bullying and/or cyberbullying. 

On the other hand, the EU has established a Fundamental Rights Agenda, in which indicators that are relevant for anti bullying are emphasized. Two of the most important ones include:

Finally, it is worth mentioning that the EU has adopted a written declaration to support the establishment of a European Day against Bullying and School Violence. However, no specific mentions are made regarding people with disabilities.



Revision #2
Created 21 March 2023 08:25:32 by Gaia Terenzi
Updated 21 March 2023 09:20:52 by Gaia Terenzi