In consideration of the plea adduced before the Council by the representative of the Albanian
Government that, as the - abolition of private schools in Albania constitutes a general measure
applicable to the majority as well as to the minority, it is in conformity with Article 5, first
paragraph, of the Albanian Declaration;
In consideration of the report submitted to the Council on January 14th, 1935, by the
representative of Spain;
Requests the Permanent Court of International Justice to express an advisory opinion on the
following question:
1° whether, regard being had to the above-mentioned Declaration of October 2nd, 1921, as a
whole, the Albanian Government is justified in its plea that, as the abolition of the private
schools in Albania constitutes a general measure applicable to the majority as well as to the
minority, it is in conformity with the letter and the spirit of the stipulations laid down in Article
5, first paragraph, of that Declaration; [p6]
2° and if so, whether the Council of the League of Nations can, on the basis of the second
paragraph of the said Article, formulate recommendations going beyond the provisions of the
first paragraph.
The Secretary-General is authorized to submit this request to the Court, together with all the
documents relating to the question, to afford the necessary assistance in the examination of the
question, and to arrange to be represented before the Court if necessary.”
[2] In accordance with this Resolution, the Secretary-General of the League of Nations, on
January 21st, 1935, transmitted to the Court a request for an advisory opinion in the following
terms:
“The Secretary-General of the League of Nations,
in pursuance of the Council Resolution of January 18th, 1935, and in virtue of the
authorization given by the Council,
has the honour to submit to the Permanent Court of International Justice an Application
requesting the Court, in accordance with Article 14 of the Covenant, to give an advisory
opinion to the Council on the question which is referred to the Court by the Resolution of
January 18th, 1935 (see attached text).
The Secretary-General will be prepared to furnish any assistance which the Court may. require
in the examination of this matter, and will, if necessary, arrange to be represented before the
Court.”
[3] The request was registered on January 23rd, 1935, in the Registry of the Court. To the
request were appended a number of documents [FN1] concerning the history of the Albanian
Declaration of October 2nd, 1921, the application of Article 5 of this Declaration, and the
origin of the request for an opinion.
-------------------------------------------------------------------------------------------------------------------[FN1] See list in the Annex.
-------------------------------------------------------------------------------------------------------------------[4] In conformity with Article 73, No. 1, paragraph 1, of the Rules, the request was
communicated to Members of the League of Nations (through the Secretary-General of the
League) and to States entitled to appear before the Court. Furthermore, the Registrar, by letter
dated January 26th, 1935, sent to two States regarded by the President—the Court not being in
session - as likely to be able to furnish information on the question referred to the Court for
advisory opinion, the special and direct communication mentioned in Article 73, No. 1,
paragraph 2, of the Rules. These States were Albania and Greece.