"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT 71 The examination covers all the subjects contained in the official syllabus of the studies covered. As regards secondary education, the candidates have the option of presenting themselves in two stages which correspond to the two cycles - lower and higher - of this education. The tests are conducted in Dutch, French or German at the choice of the person concerned. Enrolment is subject to the payment of fees which at present amount to 100 Belgian francs, for the obtaining of the diploma permitting entry to higher secondary education (examen de maturité), and 200 Belgian francs for that of the certificate of higher secondary studies or the diploma of admission to the examination of candidat ingénieur civil (Official Gazette of 4th May 1968, pages 5103-5104). The further information supplied to the Court in January 1968 by the Belgian Government and the Commission shows "that the number of certificates awarded by schools and entitled to homologation is greater for Dutch than for French education" but that "the opposite is true of certificates awarded by the Central Board". The Commission attributes this phenomenon to the number of French-speaking candidates who do not have their school-leaving certificate homologated owing to the irregularity of their studies for linguistic reasons. Neither the Belgian Government nor the Commission have been able to satisfy the Court’s desire to obtain a table classifying, on the one hand, the pupils possessing a certificate signifying the completion of their secondary education but who have not conformed with the language legislation and, on the other hand, the other candidates. The Belgian Government points out that "the enrolment forms of the candidates intentionally do not bear any question concerning prior education", as it is desired that the Central Board should enjoy a position of "complete objectivity". It appears that the percentage of successful candidates who register before the Central Board for the higher grade of intermediate education generally fluctuates between 25 and 50 % for each of the two annual examinations and that fairly often it is lower in the case of children sitting the examination in French than in Dutch. According to the Belgian Government, it "corresponds roughly to the percentage of students who, having opened their secondary studies, manage to complete them successfully". A candidate who fails at the first attempt may present himself before the Central Board as many times as he wishes. 2. Arguments presented by the Applicants before or through the Commission 39. The Applicants are of the opinion that although the provisions in force prior to the legislation of 1932 (Act of 12th May 1910) were "eminently fair" in this matter, the Act of 15th July 1932 violated and Section 19 of the Act of 30th July 1963 violates, on the point under consideration, Article 2 of the Protocol (P1-2) and Articles 8 and 14 (art. 8,

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