Decision N ° 356813, Council of State, 3rd / 8th SSR, 07/05/2014, 356813


Conseil d'État, 3ème / 8ème SSR, 07/05/2014, 356813



The Code of Education establishes a declaratory regime for opening of private schools. The liberal character of this regime derives from one of the fundamental, constitutionally protected freedoms – freedom of education, encompassing amongst other the freedom to open schools. Hence, an opposition to such a declaration should be considered exceptional and the competent local authorities can only resort to it under the circumstances specifically foreseen by the Code of Education. The Council’s decision on the exhaustive character of the list of these circumstances considerably limits the power of local authorities, protecting the freedom of education from potentially abusive restrictions. This case reflects a growing tension between attempts of local authorities to prevent multiplication of private schools without State contracts with the initial will of the legislator to protect the liberty of establishment of schools.



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Michael Mashai