Judgments

Freedom of education includes the organising authority's freedom to select the personnel responsible for implementing the specific educational goals it has set itself. It does not prevent the law from placing restrictions on that freedom, particularly to ensure quality of education, provided that there is reasonable justification for these restrictions, and that they are proportionate to the aim and effects of the measure.&SUM&

Following the answer given by the Court of Justice of the European Communities to the questions put to it by the Constitutional Court in its request for a preliminary ruling on the Council of the European Union's Framework Decision on the European arrest warrant, the Constitutional Court decided that the Belgian law transposing that framework decision was not contrary to the Constitution, taken in conjunction with certain provisions of the European Convention on Human Rights.

Respect for family life extends to the individual's right to establish and develop contacts, including professional or business contacts, outside his/her personal circle. To some extent, respect for private life also applies to legal persons, extending to protection of their trade secrets.Respect for the adversarial principle generally means the right of parties to proceedings to inspect and comment on all documents or observations submitted to the court.However, a balance must be struck between the rights of the defence and the interests protected by Article 8 ECHR.

The law may legitimately decide to grant special immunity in criminal cases, for the purpose of protecting marriage, a conjugal consortium organised by law, which alters the economic situation of the partners and creates mutual obligations.

Freedom of education entails the freedom, for the organising authority, to choose the staff responsible for implementing the specific teaching objectives it has set itself. It does not prevent the competent legislative authority from imposing restrictions, inter alia to guarantee the quality of education, on condition that these are reasonably justified and proportionate to the aim and effects of the measure.Suspension by the Constitutional Court must make it possible to avoid a serious damage to the applicants resulting from the immediate application of contested legislation, which could not be repaired by the effect of any annulment or only with difficulty.

The constitutional principles of equality and non-discrimination ( Articles 10 and 11 of the Constitution), read in conjunction with the right to a fair trial (Article 6.1 ECHR), are violated by a legislative provision requiring the courts to impose fines equivalent to ten times the amount of excise duties evaded, doubled for a repeat offence, in that the provision does not permit the criminal courts to reduce the fine in any way in the event of mitigating circumstances and may have disproportionate effects, since it fails to set a maximum fine or a minimum fine.

Article 16 of the Constitution provides a general safeguard against loss of enjoyment of property, regardless of the legal status of the party deprived of the property. When, however, as in the instant case, that party has special characteristics, the Court may take account of these in assessing whether the obligation to provide fair compensation has been met.In principle, fair compensation, within the meaning of Article 16 of the Constitution, requires full compensation for the loss suffered. Compensation equal to the monetary value of the property, which is equal to its sale or market value, may be deemed to constitute fair compensation.

Articles 2.1 and 13.2 of the International Covenant on Economic, Social and Cultural Rights, read together, indicate that equal access to secondary education and higher education must progressively be introduced in the Contracting States with due regard for economic feasibility and the public finance situation specific to each State, and no longer in accordance with a strictly uniform timescale.Article 13.2.b and 13.2.c of the Covenant do not therefore give rise to a right to free access to education other than primary education. These provisions mean, however, that once the Covenant is in force in respect of Belgium, i.e. with effect from 21 July 1983, Belgium may not introduce measures that run counter to the objective of equal access to higher education, which should be achieved, in particular, by progressively making such education free of charge.

The provision whereby the personal income tax allowance is increased in the case of widowers and widows who have not remarried and single parents if they have one or more dependent children is contrary to the principle of equality and non-discrimination ( Articles 10 and 11 of the Constitution), in that divorced parents, even if they have not remarried, with one or more dependent children do not benefit from such an increase.