58
"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
Section 40 of the Act of 2nd August 1963 on the use of languages in
administrative matters, to which this provision refers, concerns "the
employees, students and teaching staff" of the "bilingual University situated
in a commune not subject to a special regime", "as well as members of their
families living with them".
In pursuance of Section 7, second paragraph in fine, of the Act of 30th
July 1963, a Royal Decree of 8th August 1963, published in the Official
Gazette of 22nd August 1963, introduced "temporary exceptions to the
provisions of Section 4" of the same Act. The main provisions of the Royal
Decree were as follows:
"BAUDOUIN, King of the Belgians,
(...)
Whereas the short space of time between the publication of this Act and its
implementation makes it impossible to carry out a thorough study of the situation of
the various existing classes which might avail themselves of a derogation from the
provisions of Section 4
(...);
Whereas the position during the school year 1963-1964 of the schools concerned
should be decided as soon as possible;
(...),
We have decreed and do decree:
Section 1, Official schools and independent schools either subsidised or recognised
by the State which, during the school year 1962-1963, provided instruction in a
language other than that of the region in which the school is situated, may continue
such instruction during the school year 1963-1964:
(a) (...);
(b) in the technical or special education classes;
(c) in the French secondary education classes of the Institut du Sacré-Coeur at
Heverlee.
Such teaching shall be open only to those children who were already registered at
the school during the academic year 1962-1963, as well as to children to whom
Section 7 of the Act of 30th July 1963 applies.
Section 2 (...)."
The Belgian Government, at the request of the Court, produced on 30th
November 1967 the text of a Royal Decree of 30th November 1966 "taken
in pursuance of Section 7, paragraph 2, 2o of the Act of 30th July 1963".