Luxembourg, 16/09/2005 (Agence Europe) - The Court of Justice has just granted the right to an allowance, which is provided for by Belgian law to those seeking their first job, to those attempting to find work with the Community and who have completed their higher- but not secondary- studies in Belgium. A Belgian provision that students must have completed their secondary education in Belgium to be entitled to this allowance has been inapplicable since the Ioannidis ruling, which was returned this Thursday. According to observers, this decision was inevitable since the court stated in its Hoop ruling, in 2002, that a Belgian who had completed his secondary studies in France and then higher education in Belgium was entitled to this first job allowance in Belgium.
In order to ensure equality of treatment, anybody who is looking for a job with the European Communities and who has completed their secondary education at home or in another Member State, followed by higher education in Belgium, is also entitled to this allowance, according to the Court. It feels that requiring the recipient also to hold a Belgian certificate of secondary studies is a condition too far removed from the current employment market. This allowance, which date back over 30 years, was designed in times of full employment and corresponded to the philosophy of the time. It has continued to be paid to this date in Belgium. No other Member State appears to have continued with the system. Lastly, it is worth noting that this entitles Belgians with no secondary education certificate to receive this allowance. However, a non-Belgian Community national, who only has a secondary certificate obtained in his or her own country and coming to Belgium only to be paid this allowance, is not entitled to it, because he or she has no line of integration with Belgium, according to the Court of Justice.