Lietuviškai
Case No. 34/01
THE CONSTITUTIONAL COURT OF THE REPUBLIC OF
LITHUANIA
DECISION
ON THE REQUEST OF A GROUP OF MEMBERS OF THE SEIMAS
OF THE REPUBLIC OF LITHUANIA, THE PETITIONER, TO
INVESTIGATE WHETHER RESOLUTION OF THE GOVERNMENT
OF THE REPUBLIC OF LITHUANIA NO. 1167 "ON THE
ISSUANCE OF THE PERMISSION FOR THE BALTIC
HUMANITARIAN CENTRE, AN EDUCATIONAL ESTABLISHMENT,
TO CONDUCT THE STUDIES ACCORDING TO OTHER STATES'
HIGHER SCHOOLS SYLLABI" OF 12 SEPTEMBER 2003 IS
NOT IN CONFLICT WITH THE CONSTITUTIONAL PRINCIPLE
OF A STATE UNDER THE RULE OF LAW, PARAGRAPH 1 OF
ARTICLE 9 OF THE REPUBLIC OF LITHUANIA LAW ON THE
PROCEDURE OF PUBLICATION AND COMING INTO FORCE OF
LAWS AND OTHER LEGAL ACTS, PARAGRAPH 3 OF ARTICLE
15 OF THE REPUBLIC OF LITHUANIA LAW ON HIGHER
EDUCATION AND ITEMS 40, 42, AND 43 OF THE
PROCEDURE FOR ESTABLISHMENT OF HIGHER SCHOOLS AND
ISSUANCE OF PERMISSIONS TO CONDUCT THE STUDIES AS
CONFIRMED BY RESOLUTION OF THE GOVERNMENT OF THE
REPUBLIC OF LITHUANIA NO. 1153 "ON THE
CONFIRMATION OF THE PROCEDURE FOR ESTABLISHMENT OF
HIGHER SCHOOLS AND ISSUANCE OF PERMISSIONS TO
CONDUCT THE STUDIES" OF 9 SEPTEMBER 2003
31 March 2005
Vilnius
The Constitutional Court of the Republic of Lithuania,
composed of the Justices of the Constitutional Court Armanas
Abramavičius, Egidijus Kūris, Kęstutis Lapinskas, Zenonas
Namavičius, Augustinas Normantas, Vytautas Sinkevičius, Stasys
Stačiokas, and Romualdas Kęstutis Urbaitis
with the secretary of the hearing-Daiva Pitrėnaitė,
in the procedural sitting of the Constitutional Court
considered the request of a group of members of the Seimas of
the Republic of Lithuania, the petitioner, requesting to
investigate as to whether Resolution of the Government of the
Republic of Lithuania No. 1167 "On the Issuance of the
Permission for the Baltic Humanitarian Centre, an Educational
Establishment, to Conduct the Studies According to Other
States' Higher Schools Syllabi" of 12 September 2003 is not in
conflict with the constitutional principle of a state under the
rule of law, Paragraph 1 of Article 9 of the Republic of
Lithuania Law on the Procedure of Publication and Coming into
Force of Laws and Other Legal Acts, Paragraph 3 of Article 15
of the Republic of Lithuania Law on Higher Education and Items
40, 42, and 43 of the Procedure for Establishment of Higher
Schools and Issuance of Permissions to Conduct the Studies as
confirmed by Resolution of the Government of the Republic of
Lithuania No. 1153 "On the Confirmation of the Procedure for
Establishment of Higher Schools and Issuance of Permissions to
Conduct the Studies" of 9 September 2003 (together with the
constitutional principle of a state under the rule of law which
is entrenched in the Constitution of the Republic of
Lithuania).
The Constitutional Court
has established:
On 8 March 2005, a group of members of the Seimas, the
petitioner, applied to the Constitutional Court with a petition
requesting to investigate as to whether Government Resolution
No. 1167 "On the Issuance of the Permission for the Baltic
Humanitarian Centre, an Educational Establishment, to Conduct
the Studies According to Other States' Higher Schools Syllabi"
of 12 September 2003 is not in conflict with the constitutional
principle of a state under the rule of law, Paragraph 1 of
Article 9 of the Law on the Procedure of Publication and Coming
into Force of Laws and Other Legal Acts, Paragraph 3 of Article
15 of the Law on Higher Education and Items 40, 42, and 43 of
the Procedure for Establishment of Higher Schools and Issuance
of Permissions to Conduct the Studies as confirmed by
Government Resolution No. 1153 "On the Confirmation of the
Procedure for Establishment of Higher Schools and Issuance of
Permissions to Conduct the Studies" of 9 September 2003
(together with the constitutional principle of a state under
the rule of law which is entrenched in the Constitution).
The Constitutional Court
holds that:
Under Item 2 of Paragraph 2 of Article 105 of the
Constitution and Item 3 of Paragraph 1 of Article 63 of the Law
on the Constitutional Court, the Constitutional Court shall
consider whether acts of the Government are not in conflict
with the Constitution and laws. Under the Constitution and the
Law on the Constitutional Court, the Constitutional Court does
not investigate into the compliance of an act of the Government
with another act of the Government.
Conforming to Article 28 and Item 2 of Paragraph 1 of
Article 69 of the Law on the Constitutional Court of the
Republic of Lithuania, the Constitutional Court of the Republic
of Lithuania has adopted the following
decision:
1. To accept the petition of the group of members of the
Seimas requesting to investigate as to whether Resolution of
the Government of the Republic of Lithuania No. 1167 "On the
Issuance of the Permission for the Baltic Humanitarian Centre,
an Educational Establishment, to Conduct the Studies According
to Other States' Higher Schools Syllabi" of 12 September 2003
is not in conflict with the constitutional principle of a state
under the rule of law, Paragraph 1 of Article 9 of the Republic
of Lithuania Law on the Procedure of Publication and Coming
into Force of Laws and Other Legal Acts, and Paragraph 3 of
Article 15 of the Republic of Lithuania Law on Higher
Education.
2. To refuse to consider the petition of the group of
members of the Seimas requesting to investigate as to whether
Resolution of the Government of the Republic of Lithuania No.
1167 "On the Issuance of the Permission for the Baltic
Humanitarian Centre, an Educational Establishment, to Conduct
the Studies According to Other States' Higher Schools Syllabi"
of 12 September 2003 is not in conflict with Items 40, 42, and
43 of the Procedure for Establishment of Higher Schools and
Issuance of Permissions to Conduct the Studies as confirmed by
Resolution of the Government of the Republic of Lithuania No.
1153 "On the Confirmation of the Procedure for Establishment of
Higher Schools and Issuance of Permissions to Conduct the
Studies" of 9 September 2003 (together with the constitutional
principle of a state under the rule of law which is entrenched
in the Constitution of the Republic of Lithuania).
Justices of the Constitutional Court: Armanas Abramavičius
Egidijus Kūris
Kęstutis Lapinskas
Zenonas Namavičius
Augustinas Normantas
Vytautas Sinkevičius
Stasys Stačiokas
Romualdas Kęstutis Urbaitis