48
"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
Linkebeek, Rhode-St. Genèse, Wemmel and Wezembeek-Oppem, "a
separate administrative district" with its own "special status". This status is
essentially defined in paragraphs 2 and 3 of Section 7. Paragraph 2 in
substance provides that the six communes concerned shall enjoy a bilingual
system "in administrative matters", at least in relations between the local
services and the public. As regards paragraph 3, which is applicable to "the
question of schools", it is worded as follows:
"A. Teaching shall be in Dutch.
The second language may be taught at the primary level to the extent of four hours a
week in the second form and eight hours a week in the third and fourth forms.
B. Nursery and primary schooling may be given to children in French if that is their
maternal or usual language and if the head of the family resides in one of these
communes.
Such schooling may be provided only on the request of 16 heads of families residing
within the commune.
The commune to which such an application is made must organise such schooling.
The teaching of the second national language shall be compulsory in primary
schools to the extent of four hours a week in the second form and eight hours a week
in the third and fourth forms.
C. The teaching of the second language may include exercises of revising the other
subjects of the programme".
For the six communes in question, the linguistic control set up by
Chapter V of the Act of 30th July 1963 is supplemented by that exercised
by the Government commissioner, Vice-Governor of the province of
Brabant (Section 7 (1) and (5) of the Act of 2nd August 1963).
2.
Arguments presented by the Applicants before or through the
Commission
16. The Applicants from Kraainem (Application No 1677/62) consider
that this legislation violates Article 2 of the Protocol (P1-2) and Articles 8
and 14 (art. 8, art. 14) of the Convention. In their view, "the Brussels urban
area" constitutes "a single indivisible entity". The Act of 30th July 1963
(Sections 4 and 5) and the Act of 2nd August 1963 (Sections 3, 6 and 7),
however, provide "at least three distinct" systems: that for Greater Brussels,
that for the six communes mentioned above, including Kraainem, and that
of the other "surrounding" communes, including Alsemberg and Beersel,
which still belong to the Dutch language region. Such a system reflects a
wish "to throttle the facts": anxious to ensure the "Flemish reconquest" of
the "outlying communes where the Brussels overspill has gone", the public
authorities have confined the capital "within iron bounds", all the more rigid