68
"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
The holders of non-homologated certificates who aspire to such professions
or who wish to acquire a legally recognised or academic degree, must take a
full examination before a body called "the Central Board".
35. The homologation of a certificate depends on compliance not only
with the technical and academic requirements laid down by law but also
with those which concern the educational linguistic system.
The Act of 12th May 1910 provided that, in order to be able to sit the
examination of candidat en philosophie et lettres, candidat notaire, candidat
en sciences naturelles, candidat en sciences physiques et mathématiques,
holders of certificates which were not admissible for homologation for
linguistic reasons had to take before the Central Board an additional
examination relating to whichever of the two national languages had not
been the language of their schooling at intermediate level. The position was
similar in the draft stage of the Act of 15th July 1932; the explanatory
memorandum of the Bill emphasised that those who aspired to a "profession
for which a legally recognised degree was required should furnish proof of
their knowledge of the language of the region in which they would be called
upon to practise" The Belgian Parliament, however, modified this draft
which became the Act of 15th July 1932 on the conferring of academic
degrees.
36. The Act of 15th July 1932 repealed that of 12th May 1910 (Section
4). Its main provisions were as follows:
"Section 1
No one may be declared eligible to take the examination for the degree of candidat
en philosophie et lettres, candidat en sciences or candidat en sciences naturelles et
médicales unless he possesses a certificate of secondary schooling, issued in
accordance with Sections 5 to 8 of the Act of 10th April 1890/3rd July 1891 on the
conferring of academic degrees, certifying:
A. If such certificate has been issued by an educational establishment situated in the
Flemish region or in the Walloon region:
1. That the courses followed by the person concerned were made in the language of
the region;
2. That the person concerned has, in each year of his schooling, been taught a
second modern language, as referred to in Section 10 of the Act on the Language of
Instruction in Primary and Secondary Schooling, for at least four hours a week.
B. If the certificate has been issued by an educational establishment situated in a
commune forming part of the Brussels urban complex or in a bilingual commune on
the language boundary:
1. That the courses followed by the person concerned were so organised as to
ensure that his maternal or usual language – either French or Flemish - was accorded
pre-eminence as the language of instruction;