"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
59
Published in the Official Gazette on 3rd December 1966, this Royal Decree
apparently displays a permanent character lacking in that of 8th August
1963. The principal provisions are as follows:
"BAUDOUIN, King of the Belgians,
(...)
Having regard to the existence of organised education in the special teaching
classes, and to that on 30th July 1963, of organised education in technical education
classes, in secondary school classes serving as teacher training for the Catholic
University of Louvain, and which are situated in the same urban area as this
University;
(...);
Considering the urgency;
(...);
We have decreed and do decree:
Section 1. Education organised in French in special teaching classes as well as that
existing on 30th July 1963 in technical education classes and in secondary school
classes serving as teacher training for the Catholic University of Louvain, and which
are situated in the same urban area as this University, is available to children referred
to in Section 7 paragraph 2, 2o of the Act of 30th July 1963, as well as to those who
were already enrolled in such classes for the school year 1962-1963.
Section 2. The present Decree enters into force on 1st September 1966.
Section 3. (...)"
The city of Louvain and the adjacent commune of Heverlee are both
situated in the "Dutch-language region"; they are a few kilometres from the
linguistic frontier. The Catholic University has been situated at Louvain for
centuries; it includes both a Flemish and a French section. L’Institut du
Sacré-Coeur at Heverlee is also an independent establishment; it formerly
had French secondary classes open only to girls. As those classes served,
inter alia, as "student teachers" classes of the University, the Royal Decree
of 8th August 1963 authorised their retention. As regards the Royal Decree
of 30th November 1966, it does not seem to have changed their position to
their detriment although it no longer refers expressly to them. The
Applicants and the Belgian Government have not drawn attention to the
presence of French language classes - official, subsidised or recognised - in
the Louvain urban area, other than those of L’Institut du Sacré-Coeur at
Heverlee. It appears, however, from the report of the Commission and from
the Royal Decrees of 8th August 1963 and 30th November 1966 that
special, technical and secondary French-language classes, attached to the
University of Louvain, have likewise been able to survive.