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COLLECTIVE DISSENTING OPINION OF JUDGES HOLMBÄCK, RODENBOURG, ROSS, WIARDA AND MAST
(Point I of the operative provisions of the judgment)

(Translation)
The legal and administrative...

COLLECTIVE DISSENTING OPINION OF JUDGES HOLMBÄCK, RODENBOURG, ROSS, WIARDA AND MAST
(Point I of the operative provisions of the judgment)


(Translation)
The legal and administrative...

It is true that "pupils with certificates not eligible for homologation" have the possibility of obtaining "wholly valid diplomas by taking a full examination before the Central Board". This "way...

Therefore, refusal of homologation constitutes a mere "inconvenience" and not a "penalty" in disguise. As it does not concern "the right to organise teaching and to enjoy the natural results...

<LI value=38>
<LI value=38>Under the 1963 legislation, as under that of 1932, refusal of homologation can be remedied by an examination before the Central Board. As the Belgian Government has...

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...

The Commission finally considers the question of whether or not Section 7 in fine of the Act of 30th July 1963 and Section 7 § 3-B of the Act of 2nd August 1963, on the point under consideration,...

Nor does the Court find, on the point under consideration, any discrimination contrary to Article 14 of the Convention, read in conjunction with the first sentence of Article 2 of the Protocol (art....

As is the case with the legal and administrative provisions with which the first and second questions are concerned, the status of the six communes involves neither a denial of the right to...

<LI value=14>
<LI value=14>The third question concerns the issue of whether or not in the case of the Applicants there is a violation of Article 2 of the Protocol (P1-2) and of Articles 8 and 14...

As the first sentence of Article 2 of the Protocol (P1-2) taken by itself leaves intact the freedom of States to subsidise private schools or to refrain from so doing, the withdrawal of subsidies...

The Applicants observe that according to Section 5, first paragraph, of the Act of 30th July 1963, applicable in the Greater Brussels area, "classes in which the medium of instruction is French and...

<B>
B. As to the second question
<LI value=8>The second question concerns the issue of whether or not in the case of the Applicants, there is a violation of Article 2 of the Protocol (P1-2) and of...

The legal provisions in issue, moreover, do not violate Article 8 (art. 8) of the Convention. It is true that one result of the Acts of 1932 and 1963 has been the disappearance in the Dutch...

Finally, the Commission seeks to determine whether, on the point under consideration, there is a violation of Article 14 of the Convention, read in conjunction with Article 2 of the Protocol (art....

The Acts of 1932 and 1963 do not, in the first place, comply with the two sentences of Article 2 of the Protocol (P1-2). The Belgian State denies the children of the Applicants a complete education...

In such cases there would be a violation of a guaranteed right or freedom as it is proclaimed by the relevant Article read in conjunction with Article 14 (art. 14). It is as though the latter formed...

<LI value=7>
<LI value=7>According to the express terms of Article 8 (1) (art. 8-1) of the Convention, "everyone has the right to respect for his private and family life, his home and his...

In the Brussels urban area and bilingual communes on the linguistic boundary, the language of instruction was to be the child's maternal or usual language; teaching of the second national language...

6) The residence conditions laid down in the 1963 Acts for admission to the French-language schools at Louvain and in the communes on the periphery of Brussels, including Kraainem, are compatible...

that the Commission would be entitled to file a memorial in reply within the two months following the receipt of the memorial of the Government;
- that the Belgian Government would have, in order...

COURT (PLENARY)
CASE "RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES IN EDUCATION IN BELGIUM"v. BELGIUM (MERITS)
(Application no 1474/62; 1677/62; 1691/62; 1769/63; 1994/63;...