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ATA/38/1998•Scholarship for continuing education requires economic independence
ATA/38/1998Court of Justice / Administrative ChamberJan 27, 1998Dismissed
Extracted by Omnilex
A student requested scholarship aid for a university continuing-education program. The court held that the volume-hour requirements of Art. 4 LEE and Art. 4 RLEE do not apply to continuing education assimilated to professional development. However, entitlement to financial aid still depended on meeting the condition of economic independence. As that condition was not fulfilled, the request was rejected.
LEE art. 10 let. g; scholarship aid for continuing education assimilated to professional development; the volume-hour requirements of Art. 4 LEE and Art. 4 RLEE do not apply to such training. Nevertheless, entitlement to a financial act remains subject to the statutory cumulative conditions, in particular the applicant’s economic independence; if this prerequisite is not met, aid may be refused despite the inapplicability of the volume-hour criterion.
Descripteurs
BOURSE D'ETUDES; FORMATION PROFESSIONNELLE; UNIVERSITE; ETUDIANT; MAJORITE(AGE); IP
Normes
LEE.10 litt.g
Résumé
Les exigences de "volume-horaire" (art. 4 LEE; 4 al. 1, 2 et 5 litt. a RLEE) ne sont pas posées s'agissant d'une formation continue, assimilable au perfectionnement professionnel. Il faut néanmoins, pour obtenir un acte financier, satisfaire notamment à la condition de l'indépendance économique. Cas non réalisé en l'espèce.
Extracted by Omnilex
Whether the usual hourly-volume requirements apply to continuing education treated as professional development.
No. The hourly-volume requirements do not apply where the training is continuing education assimilable to professional development.
The court distinguished continuing education from initial vocational training and held that the statutory volume-horaire requirements of Art. 4 LEE and Art. 4 RLEE are not imposed in that setting.
Whether the applicant met the condition of economic independence required for financial aid.
No. Economic independence remained a necessary condition and was not satisfied on the facts.
Even though the volume-hour requirement was inapplicable, the applicant still had to satisfy the other statutory conditions for aid, including economic independence, which was lacking.
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