Albania - Greece, the first crash in the League of Nations on 1935: Minority Schools in Albania



De facto for the first time

General List No. 62

Advisory Opinion No. 26

6 April 1935

 
PERMANENT COURT OF INTERNATIONAL JUSTICE

Thirty Fourth (Ordinary) Session

 
Minority Schools in Albania

 
Advisory Opinion

 
BEFORE: President: Sir Cecil Hurst
Vice-President: Guerrero
Judges: Baron Rolin-Jaequemyns, Count Rostworowski, Fromageot, Altamira, Anzilotti, Urrutia, Schücking, Negulesco, Jhr. Van Eysinga
   
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Citation: Minority Schools in Albania, Advisory Opinion, 1935 P.C.I.J. (ser. A/B) No. 64 (Apr. 6)
Publication: Publications of the Permanent Court of International Justice Series A/B No. 64; Collection of Judgment, Orders and Advisory Opinions A.W. Sijthoff’s Publishing Company, Leyden, 1925
 
 
 
[p5] The Court, composed as above, gives the following opinion:

[1] On January 18th, 1935, the Council of the League of Nations adopted the following Resolution:

"The Council of the League of Nations,
In consideration of the Albanian Declaration made before the Council on October 2nd, 1921, Article 5 of which reads as follows:
'Albanian nationals who belong to racial, religious or linguistic minorities will enjoy the same treatment and security in law and in fact as other Albanian nationals. In particular they 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.
Within six months from the date of the present Declaration, detailed information will be presented to the Council of the League of Nations with regard to the legal status of the religious communities, Churches, Convents, schools, voluntary establishments, and associations of racial, religious and linguistic minorities. The Albanian Government will take into consideration any advice it might receive from the League of Nations with regard to this question.'
In consideration of the provisions of Articles 206-207 of the Albanian Constitution of 1933, which read as follows:
'The instruction and education of Albanian subjects are reserved to the State and will be given in State schools. Primary education is compulsory for all Albanian nationals and will be given free of charge. Private schools of all categories at present in operation will be closed';
In consideration of the plea adduced before the Council by the representative 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 Article 5, first paragraph, of the Albanian Declaration;
In consideration of the report submitted to the Council on January 14th, 1935, by the representative of Spain;
Requests the Permanent Court of International Justice to express an advisory opinion on the following question:
1° whether, regard being had to the above-mentioned Declaration of October 2nd, 1921, as a whole, the Albanian Government is justified in its plea that, as the abolition of the 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 the spirit of the stipulations laid down in Article 5, first paragraph, of that Declaration; [p6]
2° and if so, whether the Council of the League of Nations can, on the basis of the second paragraph of the said Article, formulate recommendations going beyond the provisions of the first paragraph.
The Secretary-General is authorized to submit this request to the Court, together with all the documents relating to the question, to afford the necessary assistance in the examination of the question, and to arrange to be represented before the Court if necessary."

[2] In accordance with this Resolution, the Secretary-General of the League of Nations, on January 21st, 1935, transmitted to the Court a request for an advisory opinion in the following terms:

"The Secretary-General of the League of Nations,
in pursuance of the Council Resolution of January 18th, 1935, and in virtue of the authorization given by the Council,
has the honour to submit to the Permanent Court of International Justice an Application requesting the Court, in accordance with Article 14 of the Covenant, to give an advisory opinion to the Council on the question which is referred to the Court by the Resolution of January 18th, 1935 (see attached text).
The Secretary-General will be prepared to furnish any assistance which the Court may. require in the examination of this matter, and will, if necessary, arrange to be represented before the Court."

[3] The request was registered on January 23rd, 1935, in the Registry of the Court. To the request were appended a number of documents [FN1] concerning the history of the Albanian Declaration of October 2nd, 1921, the application of Article 5 of this Declaration, and the origin of the request for an opinion.

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