"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT 15 constituted by the King; the head of family may appeal against the decision of the inspectors or the commission to a board appointed by the King (Section 18, and Royal Decrees of 30th November 1966 on the status and functioning of the language inspectorate) without prejudice to a subsequent appeal to the Conseil d’État (paragraph 210 of the Report). For the Greater Brussels district and the six communes on the outskirts of Brussels the Act of 2nd August 1963 (Sections 6 and 7 paragraphs 1 and 5) instituted a supplementary control authority: a "Government commissioner who shall be the Vice-Governor of the province of Brabant". Penalties have been laid down for failure to comply with the provisions of the Act of 30th July 1963. Under paragraph 6 of Section 17 "any false or incorrect enrolment of a pupil by the head-master may entail disciplinary action" - in official schools – or in the case of private, provincial, or commune schools "withdrawal of subsidies for a period of not more than six months" in respect of each infringement. More generally, it appears from Section 1 of the Act that private establishments which do not observe the provisions with regard to the languages to be used in education may not receive State subsidies; besides, the Act of 30th July 1963 rescinds neither Section 13 of the Act of 27th July 1955 nor Section 24 of the Act of 29th May 1959. Moreover, the 1963 legislation results in the complete withdrawal of subsidies from provincial, commune or private schools providing, in the form of non-subsidised classes and in addition to the instruction given in the language prescribed by the linguistic Acts, full or partial instruction in another language (Sections 1 and 4 of the Act of 20th July 1963, ministerial circulars of 9th and 29th August 1963, etc.). A further penalty is imposed under Section 19 of the Act of 30th July 1963 which provides that "only school-leaving certificates that have been issued by the educational establishments referred to in Section 1 or in other independent educational establishments in accordance with the provisions of this Act may be subject to homologation". Under paragraph 2 an exception may be made to this principle but does not appear to be applicable to the present case. The 1963 legislation, like that of 1932, leaves intact the possibility of remedying the refusal of homologation by an examination taken before the Central Board. 15. Articles 17 and 23, cited above, of the Belgian Constitution, have not been revised and are therefore still in force. Consequently, children of the Dutch-language area, including Flemish-speaking children, may be taught in their area in French - or in any other language - by their parents, a private tutor or an unsubsidised private School. A head of family who takes advantage of this facility incurs no punishment and is complying with the obligations to have his children educated (see for example Section I of the consolidated Acts of 20th August 1957 on primary education) provided the education given meets academic and technical requirements laid down by law. The same applies, mutatis mutandis, throughout the Kingdom of

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