[82] FOR THESE REASONS,
The Court is of opinion,
by eight votes to three,
that the plea of the Albanian Government that, as the abolition of private schools in Albania
constitutes a general measure applicable to the majority as well as to the minority,, it is in
conformity with the letter and spirit of the stipulations laid down in Article 5, first paragraph,
of the Declaration of October 2nd, 1921, is not well founded.
[83] Done in English and French, the French text being authoritative, at the Peace Palace, The
Hague, this sixth day of April, one thousand nine hundred and thirty-five, in two copies, one of
which is to be deposited in the archives of the Court and the other to be forwarded to the
Council of the League of Nations.
(Signed) Cecil J. B. Hurst,
President.
(Signed) Å. Hammarskjöld,
Registrar.
[84] Sir Cecil Hurst, President of the Court, Count Rostworowski and M. Negulesco, Judges,
declare that they are unable to concur in the Opinion given by the Court and, availing
themselves of the right conferred on them by Article 71, paragraph 3, of the Rules, have
appended thereto the dissenting opinion which follows.
(Initialled) С J. В. Н.
(Initialled) A. H. [p24]
Dissenting Opinion by Sir Cecil Hurst, Count Rostworowski and M. Negulesco.
[85] The undermentioned are unable to concur in the opinion rendered by the Court. They can
see no adequate reason for holding that the suppression of the private schools effected in
Albania in virtue of Articles 206 and 207 of the Constitution of 1933 is not in conformity with
the Albanian Declaration of October 2nd, 1921.
[86] The question put to the Court is drafted in such a way that the answer to it must depend on
the interpretation to be placed on the first paragraph of Article 5 of the Declaration, but the
interpretation is to be arrived at with due regard to the contents of the Declaration as a whole
and with due regard to the spirit as well as the letter of Article 5, paragraph 1.
[87] The first paragraph of Article 5 of the Declaration consists of two sentences. The first
stipulates that Albanian nationals who belong to racial, religious or linguistic minorities are to
enjoy the same treatment and security in law and in fact as other Albanian nationals. The
second says that “In particular they [i. e. the members of the minority] shall have an equal right
to maintain, manage and control at their own expense or to establish in the future charitable,
religious and social institutions, schools and other educational establishments with the right to
use their own language and to exercise their religion freely therein.”
[88] The construction of the paragraph is clear and simple. The first sentence stipulates for the
treatment and the security being the same for the members of the minority as for the other
Albanian nationals. The second provides that as regards certain specified matters the members
of the minority shall have an equal right. The two sentences are linked together by the words
“In particular” (notamment), These words show that the second sentence is a particular
application of the principle enunciated in the first. If the rights of the two categories under the
first sentence are to be the same, the equal right provided for in the second sentence must