Home > Workplace > Belgium > 1990-11-23 - Council of State, El Admi v. Communauté française, n. (...)

1990-11-23 - Council of State, El Admi v. Communauté française, n. 35865

Workplace · Belgium · Dismissal · Religious belonging

A teacher of religious courses in public school does not benefit from any due process guarantee when he is fired by his religious authorities

Key facts of the case - The claimant was a Moroccan. Usually, the claimant was granted an exemption to nationality condition in order to be able to teach Islamic religion in a secondary school. He was charged with inflicting bodily harm to a student, but he appealed against that decision. Meanwhile, the competent authority to grant an exemption had refused to extend that exemption. The school considered that the facts were serious and proposed to the minister to fire the teacher. The minister asked the Imam director a decision in this case and he recommended that the teacher be away from the school.
According to the claimant, the refusal to grant him an exemption was a disciplinary sanction because of his behaviour and it was contrary to the presumption of innocence because appeal was being.

Main reasoning of the court - The Council of State rejected the claim. The Council of State invoked that the exemption to nationality condition was a favour for the benefit of education. The public competent authority took a decision based on discretion, and permissible grounds, that is to say bodily harm against his student.
In addition to that, a religion teacher had usually to be appointed on the proposal of the religious authorities and in that case, the Imam director decided to fire the teacher as professor of Islam.
According to the Council of State, the public decision was not a disciplinary sanction but a consequence of the religious decision and the presumption of innocence was not violated because it was based on the reality of the facts, whatever the penal qualifications.