"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
3
University Institute of Advanced International Studies,
Geneva,
Counsel;
Mr. A. VANDER STICHELE, Assistant to
the Auditeur général of the Belgian Conseil d’État,
Expert;
The Court heard statements and submissions:
- for the Commission by MM. F. WELTER and M. SØRENSEN;
- for the Belgian Government by Me. A. BAYART, Mr. P. GUGGENHEIM
and Mr. A. DE GRANGES DE SURGERES.
The Court also put a number of questions to those appearing before it, to
which the latter replied verbally on 29th and 30th November.
On 30th November, the President declared the hearing closed.
8. The Court met in private on 30th November and 1st December 1967.
On 1st December, it instructed the Registrar - who carried out the order on
5th December - to ask the Belgian Government and Commission for
additional information concerning, on the one hand, the situation with
regard to unsubsidised establishments in the Dutch-language area which
provide French-language education.
The replies from both the Belgian Government and the Commission
reached the Registrar on 10th January 1968. The Government made certain
additions to its reply in March 1968.
9. After further deliberation the Court pronounced the present judgment.
THE FACTS
1. The object of the Commission’s request is to submit the case to the
Court, so that the Court may decide whether or not certain provisions of the
Belgian linguistic legislation relating to education are in conformity with
the requirements of Articles 8 and 14 (art. 8, art. 14) of the Convention and
Article 2 of the Protocol of 20th March 1952 (hereinafter referred to as "the
Protocol") (P1-2).
2. The Applicants, who are parents of families of Belgian nationality,
applied to the Commission both on their own behalf and on behalf of their
children under age, of whom there are more than 800. Pointing out that they
are French-speaking or that they express themselves most frequently in
French, they want their children to be educated in that language.
Alsemberg, Beersel, Antwerp, Ghent, Louvain and Vilvorde, where the
signatories of five of the six applications (Nos. 1474/62, 1691/62, 1769/63,
1994/63 and 2126/64) live, belong to the region considered by law as
Dutch-speaking, whereas Kraainem (Application No. 1677/62) has since
1963 formed part of a separate administrative district with a "special status".