EU court condemns Belgian Flanders for language bias

The European Court of Justice has handed down a judgement against the Belgian Flemish community for infringing EU freedom of movement by only drafting workers’ contracts in Dutch.

Under the Flemish law on the use of languages, workers must complete their employment contract in Dutch. Non-compliance results in a cancellation of the contract, even if the worker comes from abroad.

The Belgian court asked the ECJ to determine if the Flemish law infringed the freedom of movement of workers within the European Union.

The EU’s highest court said in a statement on the 16 April 2013: “The court notes that only the Dutch text is authentic in the drafting of cross-border employment contracts concluded by employers whose established place of business is located in the Dutch-speaking region of Belgium. Consequently, such legislation, which is liable to have a dissuasive effect on non-Dutch-speaking employees and employers from other member states, constitutes a restriction on freedom of movement for workers.”

The judgement carries distinct political significance for Belgium, a country where political parties are deeply divided over linguistic rights between the French and Dutch-speaking communities.

• Primary Source

European Court of Justice, Rapid, 16.04.13: CJE/13/46: Decree of the Flemish Community requiring all cross-border employment contracts to be drafted in Dutch infringes freedom of movement for workers http://europa.eu/rapid/press-release_CJE-13-46_en.htm

ESO: Background Information: Belgium close to forming new government http://www.europeansources.info/record/belgium-close-to-forming-new-government/

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