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"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
Article 14 (art. 14+P1-2, art. 14+8). It finds no such non-compliance as
regards Article 8 (art. 8) of the Convention and the second sentence of
Article 2 of the Protocol (P1-2) but does find it with respect to the first
sentence of Article 2 (P1-2).
In its endeavours to discover "the general effect of the legislation
attacked", the Commission is of the opinion that the latter has "neither the
object nor the effect of ensuring the qualifications thought necessary for the
exercise of certain functions or professions", "nor indeed of ensuring
linguistic knowledge". Where such knowledge "is required, a candidate has
to show that he possesses it": "it is not enough for him to have complied
with the linguistic legislation during his studies". In this connection, the
Commission observes that "a knowledge of the regional language is
required" only for the exercise of certain "liberal professions" ("the Bench",
"the Civil Service", "public and State-recognised education", etc), that the
study of the second national language is almost everywhere optional in
Belgium, especially after the entry into force of the Act of 30th July 1963
and that "a pupil undergoing an examination before the Central Board does
so in the language of his choice". From this it concludes that it is "possible"
at least in theory, "to obtain legally recognised university degrees without
having learned the second national language". It adds that degrees
conferred by the four Universities in Belgium, the bilingual Universities at
Brussels and Louvain, the Dutch-language University at Ghent and the
French-language University at Liege, permit their holders, "anywhere in the
Kingdom and without giving evidence even of a rudimentary knowledge of
the language of the region", to "occupy any of the public offices and
practise any of the professions for which knowledge of the regional
language is not specifically required". "Conversely, a Belgian national who
has received a secondary education which is not in accordance with the
linguistic legislation", and then "obtained a non-recognised degree at a
university","is not free to practise anywhere in Belgium" - except by taking
"a full examination before the Central Board" - "to hold the offices or
practise the professions for which his studies have prepared him", even if he
has "a perfect knowledge of the two national languages".
In reality, in the Commission’s view, the legislation in dispute aims at
the "assimilation of minorities against their will into the sphere of the
regional language"; it does not seek solely to protect "the Dutch language
and culture in Flemish areas" and to "halt the spread of the French language
in those areas". On this point, the Commission in particular recalls "that
homologation is refused by reason of the mere fact that (...) the pupils’
secondary education has not been in accordance with the linguistic
legislation", "even if only for a year or a few months". It further emphasises
"that a pupil who has received French education in Wallonia may obtain
homologation of his certificate, unlike a pupil who has received absolutely
identical French education in the Flemish region". The first may then