"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
71
The examination covers all the subjects contained in the official syllabus
of the studies covered. As regards secondary education, the candidates have
the option of presenting themselves in two stages which correspond to the
two cycles - lower and higher - of this education. The tests are conducted in
Dutch, French or German at the choice of the person concerned. Enrolment
is subject to the payment of fees which at present amount to 100 Belgian
francs, for the obtaining of the diploma permitting entry to higher secondary
education (examen de maturité), and 200 Belgian francs for that of the
certificate of higher secondary studies or the diploma of admission to the
examination of candidat ingénieur civil (Official Gazette of 4th May 1968,
pages 5103-5104).
The further information supplied to the Court in January 1968 by the
Belgian Government and the Commission shows "that the number of
certificates awarded by schools and entitled to homologation is greater for
Dutch than for French education" but that "the opposite is true of certificates
awarded by the Central Board".
The Commission attributes this
phenomenon to the number of French-speaking candidates who do not have
their school-leaving certificate homologated owing to the irregularity of
their studies for linguistic reasons.
Neither the Belgian Government nor the Commission have been able to
satisfy the Court’s desire to obtain a table classifying, on the one hand, the
pupils possessing a certificate signifying the completion of their secondary
education but who have not conformed with the language legislation and, on
the other hand, the other candidates. The Belgian Government points out
that "the enrolment forms of the candidates intentionally do not bear any
question concerning prior education", as it is desired that the Central Board
should enjoy a position of "complete objectivity".
It appears that the percentage of successful candidates who register
before the Central Board for the higher grade of intermediate education
generally fluctuates between 25 and 50 % for each of the two annual
examinations and that fairly often it is lower in the case of children sitting
the examination in French than in Dutch. According to the Belgian
Government, it "corresponds roughly to the percentage of students who,
having opened their secondary studies, manage to complete them
successfully". A candidate who fails at the first attempt may present
himself before the Central Board as many times as he wishes.
2.
Arguments presented by the Applicants before or through the
Commission
39. The Applicants are of the opinion that although the provisions in
force prior to the legislation of 1932 (Act of 12th May 1910) were
"eminently fair" in this matter, the Act of 15th July 1932 violated and
Section 19 of the Act of 30th July 1963 violates, on the point under
consideration, Article 2 of the Protocol (P1-2) and Articles 8 and 14 (art. 8,