14
"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
second language is optional at the primary level (Section 9); the Act of 30th
July 1963 provides no express regulations on this matter for secondary
schools (paragraphs 176, 211 and 367 (d) of the Report).
The 19 communes of the Greater Brussels district (Sections 5 and 21) are
governed by bilingual arrangements based on the criterion of the child’s
maternal or usual language; study of the second national language is
compulsory in the primary classes and optional at the secondary level
(Sections 10 and 11).
Six communes on the outskirts of Brussels, including Kraainem, "enjoy a
special status" (Section 7 paragraph 3 of the Act of 2nd August 1963). The
normal language there is Dutch. However, children may receive nursery
and primary education - but not secondary education - in French if this is the
child’s maternal or usual language and provided the head of the family is
resident in one of these communes. Such education must be organised by
the commune if asked to do so by 16 heads of family residing in that
commune. In the Dutch-language schools in the six communes in question,
teaching of French is optional, whereas teaching of Dutch is compulsory in
the French-language schools.
Lastly, the Act of 30th July 1963 introduced several special systems. The
Louvain system (cf. infra) is the only one of these which needs to be
analysed here; as far as the others are concerned it is enough merely to refer
to Sections 3, 6, 7, 10 and 20 of the Act and to the relevant passages of the
Commission’s Report (communes "assigned a special system to protect their
minorities"; the children of military servicemen stationed at Ostend, BourgLéopold and Arlon; children who leave the commune where they were
resident for reasons of health or such children whose parents have no
permanent residence; European schools).
Chapter V of the Act of 30th July 1963 institutes "linguistic control". In
unilingual areas children are, without any control, admitted to schools
which teach in the language of the region, but this does not apply when the
child’s maternal or usual language determines the linguistic system
applicable (Greater Brussels, French classes at Louvain and the six
communes on the outskirts of Brussels, etc). In the latter case a headmaster
may only enrol a pupil under a specific system on production of one of the
following documents: a certificate by the head of the child’s last school that
his previous schooling has been in the language of that system; a language
declaration by the head of the family endorsed by the language inspectorate,
provided that it does not challenge the correctness of the declaration; a
decision by the language commission or language board mentioned in
Section 18 (Section 17, paragraph 2; see also the 3rd, 4th and 5th
paragraphs of the Royal Decree of 30th November 1966 establishing models
for the linguistic certificate and declaration). Language inspection is
conducted by two inspectors, one on each language list; in case of
disagreement between them the case is submitted to a commission