This article will deal with an analysis of how education appears in the future "European Constitution" that will be the reference point for European Union actions on education issues in coming years, even though it has been questioned by the negative results of the "referendums" in France and Holland. Subsequently, there will be a comparative reflection upon the progression and retrogression of the way the right to education is represented in the "European Constitution" as opposed to the approaches on this matter which other legal international instruments present. (Contains 2 notes.)