The Committee of Ministers,
A. Having regard to Article 32 (art. 32) of the European Convention
for the Protection of Human Rights and Fundamental Freedoms
(hereinafter referred to as "the convention");
Having regard to the report drawn up by the European Commission
of Human Rights in accordance with Article 31 (art. 31) of the convention
relating to the application lodged on 25 May 1964 by the "Regional
Association for the Defence of Liberties" acting on behalf of
165 heads of family living in the area of Les Fourons, which
application is known as "Inhabitants of Les Fourons against Belgium"
(No. 2209/64);
Whereas on 27 May 1971 the Commission transmitted the said report to
the Committee of Ministers and whereas the period of three months
provided for in Article 32.1 (art. 32-1) of the convention has lapsed
without the case having been brought before the Court in pursuance of
Article 48 (art. 48) of the convention;
B. Whereas in their application, the applicants complained that
linguistic regulations applicable to teaching in the townships of Les
Fourons since 1963 violated Articles 8 and 14 (art. 8, art. 14) of the
convention and Article 3 of the first protocol (P1-3);
Whereas the Commission, on 15 December 1964, declared the application
admissible as far as Articles 8 and 14 (art. 8, art. 14) of the convention
and Article 2 of the first protocol (P1-2) were concerned;
Whereas the Commission, in its report adopted on 30 March 1971,
was of the opinion unanimously that the legislation governing the
creation and subsidisation of French-speaking schools in the townships
of Les Fourons violates, in the case of the applicants, the first
sentence of Article 2 of the first protocol in conjunction with
Article 14 (art. 14+P1-2) of the convention;
Whereas on the other hand the Commission was of the opinion by
eleven votes to one that the legislation complained of does not
violate the first paragraph of Article 8 in conjunction with
Article 14 (art. 14+8) of the convention;
C. Having regard to the memorandum of 7 January 1974 from the
Belgian Government;
Having taken into consideration the fact that the revision of the
Constitution undertaken in Belgium has been achieved, as regards the
questions relevant to the present case, only on 24 December 1970 and
that the implementation of these new constitutional provisions has
required numerous measures of application such as the Acts of 3, 21
and 26 July 1971;
Having furthermore taken into consideration the fact that the
above-mentioned revision has in particular confirmed the existence of
four "linguistic regions", i.e. the French-speaking region, the
Dutch-speaking region,the bilingual region of Brussels-capital and the
German-speaking region, while according at the same time constitutional
recognition to the existence of three "cultural communities" - French,
Dutch and German - endowed with certain powers of their own;
Having regard to the fact that in application of the Royal Order
of 10 May 1973 (Moniteur belge of 24 May 1973, page 6477) and of the
four Royal Orders of 19 October 1973 (Moniteur belge of
20 December 1973, pages 14659 ff.) the French-speaking schools in the
six townships of the Fourons area which did not receive subsidies can
now do so in the school year 1973-74 while at the same time the
creation of new subsidised French-speaking schools has been made
possible and achieved;
D. Voting in accordance with Article 32.1 (art. 32-1) of the convention,
a. Takes note of the opinion expressed by the Commission in
accordance with Article 31.1 (art. 31-1) of the convention;
b. Takes note of the constitutional, legislative and administrative
provisions governing in Belgium the matter under consideration and in
particular the Royal Orders of 10 May and 19 October 1973;
c. Decides in consequence that no further action is called for in
this case.