Techniques for Protecting Minority Languages under Belgian Federalism

in International Journal on Minority and Group Rights
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As one of the few countries in the Council of Europe, Belgium has, to date, not ratified the Framework Convention for the Protection of National Minorities as well as the European Charter for Regional or Minority Languages. Nevertheless, minorities are protected in Belgium due to its specific federal structure. Several instruments provide a balance between the two major language groups in the country: the Flemish and the French-speaking language group. This article focuses on these special techniques and situates them in the historical and specific judicial background of Belgium.

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References

4

Alen and Muylle, supra note 3, pp. 303–308.

11

Constitutional Court 22 December 1994, Case No. 90/94.

19

Constitutional Court 30 January 1986, Case No. 9/86 and No. 10/86; see also A. Alen and S. Sottiaux, Language Requirements Legal tested (Kluwer, Mechelen, 2009) pp. 103–158.

21

Constitutional Court 24 June 2003, Case No. 88/2003.

24

Alen and Muylle, supra footnote 3, pp. 890–893.

28

Alen and Muylle, supra note 3, pp. 893–900.

29

Constitutional Court 6 October 2004, Case No. 147/2004; see also Vande Lanotte et al., supra note 5, pp. 351–375.

35

Council of State 20 December 1991, Case No. 38.376.

38

Council of State 17 august 1973, Case No. 15.990.

50

Alen and Muylle, supra note 3, pp. 334–335.

53

 See also Alen and Muylle, supra note 3, pp. 330–334.

60

Constitutional Court 26 May 2003, Case No. 73/2003.

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