Lietuviškai
THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA
DECISION
ON ACCEPTING THE PETITION OF A PETITIONER
25 May 2006
Vilnius
The Constitutional Court of the Republic of Lithuania,
composed of the Justices of the Constitutional Court Armanas
Abramavičius, Toma Birmontienė, Kęstutis Lapinskas, Zenonas
Namavičius, Ramutė Ruškytė, Vytautas Sinkevičius, Stasys
Stačiokas, and Romualdas Kęstutis Urbaitis,
with the secretary of the hearingDaiva Pitrėnaitė,
at a procedural sitting of the Constitutional Court
considered the petition of the President of the Republic, the
petitioner, set forth in his Decree "On Application to the
Constitutional Court of the Republic of Lithuania" of 22 May
2006, requesting to investigate whether Item 2.3.1 of the new
wording Resolution of the Government of the Republic of Lithuania
"On Approving the Inventory Schedule of Minimum Qualification
Requirements for the Positions of Scientific Workers, Other
Researchers and Teachers at State Institutions of Science and
Studies, the Inventory Schedule of the Procedure for Organisation
of Competitions for Positions of Scientific Workers, Other
Researchers and Teachers at State Institutions of Science and
Studies and of Certification of Scientific Workers, Other
Researchers and Teachers, and the Inventory Schedule of the
Procedure for Awarding Pedagogical Degrees in Universities" set
forth in Resolution of the Government of the Republic of
Lithuania No. 906 "On Amending Resolution of the Government of
the Republic of Lithuania No. 899 'On Approving the Minimum
Qualification Requirements for the Positions of Scientific
Workers, Other Researchers and Teachers at State Institutions of
Science and Studies, the Procedure for Organisation of
Competitions for Positions of Scientific Workers, Other
Researchers and Teachers at State Institutions of Science and
Studies and of Certification of Scientific Workers, Other
Researchers and Teachers, and the Procedure for Awarding
Pedagogical Degrees in Universities' of 11 July 2001" of 18
August 2005, Items 2.2, 2.5, 3.1.2-3.1.4 of the Inventory
Schedule of Minimum Qualification Requirements for the Positions
of Scientific Workers, Other Researchers and Teachers at State
Institutions of Science and Studies, Who Work in Humanitarian and
Social Sciences, and Item 3.1 of the Habilitation Procedure
approved by Resolution of the Government of the Republic of
Lithuania No. 962 "On Approving the Habilitation Procedure" of 18
July 2003 to the extent that it provides that not less than 2
scientific articles must be published in the publications
included in the data bases of the Institute for Scientific
Information, are not in conflict with the constitutional
principle of a state under the rule of law and Article 14 of the
Constitution of the Republic of Lithuania.
The Constitutional Court
has established:
On 22 May 2006, the President of the Republic, the
petitioner, issued the Decree "On Application to the
Constitutional Court of the Republic of Lithuania". This decree
was received at the Constitutional Court on 23 May 2006. The said
decree was published in the official gazette "Valstybės žinios"
on 25 May 2006 (Official Gazette Valstybės žinios, No. 59-2083).
The Decree of the President of the Republic "On Application
to the Constitutional Court of the Republic of Lithuania" of 22
May 2006 set forth a petition to the Constitutional Court
requesting to investigate whether Item 2.3.1 of the new wording
Government Resolution "On Approving the Inventory Schedule of
Minimum Qualification Requirements for the Positions of
Scientific Workers, Other Researchers and Teachers at State
Institutions of Science and Studies, the Inventory Schedule of
the Procedure for Organisation of Competitions for Positions of
Scientific Workers, Other Researchers and Teachers at State
Institutions of Science and Studies and of Certification of
Scientific Workers, Other Researchers and Teachers, and the
Inventory Schedule of the Procedure for Awarding Pedagogical
Degrees in Universities" set forth in Government Resolution No.
906 "On Amending Resolution of the Government of the Republic of
Lithuania No. 899 'On Approving the Minimum Qualification
Requirements for the Positions of Scientific Workers, Other
Researchers and Teachers at State Institutions of Science and
Studies, the Procedure for Organisation of Competitions for
Positions of Scientific Workers, Other Researchers and Teachers
at State Institutions of Science and Studies and of Certification
of Scientific Workers, Other Researchers and Teachers, and the
Procedure for Awarding Pedagogical Degrees in Universities' of 11
July 2001" of 18 August 2005, Items 2.2, 2.5, 3.1.2-3.1.4 of the
Inventory Schedule of Minimum Qualification Requirements for the
Positions of Scientific Workers, Other Researchers and Teachers
at State Institutions of Science and Studies, Who Work in
Humanitarian and Social Sciences, and Item 3.1 of the
Habilitation Procedure approved by Government Resolution No. 962
"On Approving the Habilitation Procedure" of 18 July 2003 to the
extent that it provides that not less than 2 scientific articles
must be published in the publications included in the data bases
of the Institute for Scientific Information, are not in conflict
with the constitutional principle of a state under the rule of
law and Article 14 of the Constitution.
The Constitutional Court
holds that:
The petition set forth in the Decree of the President of
the Republic "On Application to the Constitutional Court of the
Republic of Lithuania" of 22 May 2006 meets the requirements
established in the Constitution and the Law on the Constitutional
Court.
There are no grounds provided for in the Law on the
Constitutional Court to refuse to accept this petition, nor to
return the petition to the petitioner.
Conforming to Paragraph 2 of Article 105 of the
Constitution of the Republic of Lithuania and Articles 26, 28 and
63 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:
To accept the petition of the President of the Republic,
set forth in his Decree "On Application to the Constitutional
Court of the Republic of Lithuania" of 22 May 2006, requesting to
investigate whether Item 2.3.1 of the new wording Resolution of
the Government of the Republic of Lithuania "On Approving the
Inventory Schedule of Minimum Qualification Requirements for the
Positions of Scientific Workers, Other Researchers and Teachers
at State Institutions of Science and Studies, the Inventory
Schedule of the Procedure for Organisation of Competitions for
Positions of Scientific Workers, Other Researchers and Teachers
at State Institutions of Science and Studies and of Certification
of Scientific Workers, Other Researchers and Teachers, and the
Inventory Schedule of the Procedure for Awarding Pedagogical
Degrees in Universities" set forth in Resolution of the
Government of the Republic of Lithuania No. 906 "On Amending
Resolution of the Government of the Republic of Lithuania No. 899
'On Approving the Minimum Qualification Requirements for the
Positions of Scientific Workers, Other Researchers and Teachers
at State Institutions of Science and Studies, the Procedure for
Organisation of Competitions for Positions of Scientific Workers,
Other Researchers and Teachers at State Institutions of Science
and Studies and of Certification of Scientific Workers, Other
Researchers and Teachers, and the Procedure for Awarding
Pedagogical Degrees in Universities' of 11 July 2001" of 18
August 2005, Items 2.2, 2.5, 3.1.2-3.1.4 of the Inventory
Schedule of Minimum Qualification Requirements for the Positions
of Scientific Workers, Other Researchers and Teachers at State
Institutions of Science and Studies, Who Work in Humanitarian and
Social Sciences, and Item 3.1 of the Habilitation Procedure
approved by Resolution of the Government of the Republic of
Lithuania No. 962 "On Approving the Habilitation Procedure" of 18
July 2003 to the extent that it provides that not less than 2
scientific articles must be published in the publications
included in the data bases of the Institute for Scientific
Information, are not in conflict with the constitutional
principle of a state under the rule of law and Article 14 of the
Constitution of the Republic of Lithuania.
Justices of the Constitutional Court: Armanas Abramavičius
Toma Birmontienė
Kęstutis Lapinskas
Zenonas Namavičius
Ramutė Ruškytė
Vytautas Sinkevičius
Stasys Stačiokas
Romualdas Kęstutis Urbaitis