Poland of June 28th, 1919, were inserted in paragraph 1 of Article 5. [76] Another argument in support of the interpretation placed by the Court on paragraph 1 of Article 5 is supplied by Article 6 of the Declaration, which is worded as follows: “Provision will be made in the public educational system in towns and districts in which are resident a considerable proportion of Albanian nationals whose mother-tongue is not the official language, for adequate facilities for ensuring that in the primary schools instruction shall be given to the children of such nationals through the medium of their own language, it being understood that this provision does not prevent teaching of the official language being made obligatory in the said schools. [p22] In towns and districts where there is a considerable proportion of Albanian nationals belonging to racial, religious or linguistic minorities, these minorities will be assured an equitable share in the enjoyment and application of sums which may be provided out of public funds under the State, municipal or other budgets, for educational, religious or charitable purposes.” [77] Beginning as it does with the words “in the public educational system”, which thus follow directly after Article 5, Article 6 appears to assume that State education, so far as it is intended for members of the minorities, will be something additional to private education, and is not meant to take the place of private education. For that reason, the Court cannot regard as relevant the information supplied to it by the Albanian Government concerning the present conditions of State education in Albania and the reforms already introduced, or about to be introduced, in order to meet the needs of the minority in the State schools. * [78] The Court, having thus established that paragraph 1 of Article 5 of the Declaration, both according to its letter and its spirit, confers on Albanian nationals of racial, religious or linguistic minorities the right that is stipulated in the second sentence of that paragraph, finds it unnecessary to examine the subsidiary argument adduced by the Albanian Government to the effect that the text in question should in case of doubt be interpreted in the sense that is most favourable to the sovereignty of the State. * [79] The Court therefore finds that paragraph 1 of Article 5 of the Declaration of October 2nd, 1921, ensures for Albanian nationals belonging to racial, linguistic or religious minorities the right to maintain, manage and control at their own expense or to establish in the future charitable, religious and social institutions, schools and other educational establishments, with the right to use their own language and to exercise their religion freely therein. * [80] The second question in regard to which the opinion of the Court is sollicited is worded as follows: “2° and if so [i. е. if the Albanian plea on the first question is deemed to be in conformity with the letter and spirit of the stipulations in Article 5, first paragraph, of the Declaration of October 2nd, 1921], whether the Council of the League of Nations can, on the basis of the second paragraph of the said Article, [p23] formulate recommendations going beyond the provisions of the-first paragraph”. [81] As the Court has found that the reply to the first question put to it is not in the affirmative, the second question does, not arise.

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