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On accepting part of a petition and refusing to consider part of the petition

 

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

DECISION

ON THE PETITION OF A GROUP OF MEMBERS OF THE SEIMAS OF THE REPUBLIC OF LITHUANIA, THE PETITIONER, REQUESTING AN INVESTIGATION INTO WHETHER THE 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’S LAW ON THE PROCEDURE OF THE PUBLICATION AND ENTRY INTO FORCE OF LAWS AND OTHER LEGAL ACTS, PARAGRAPH 3 OF ARTICLE 15 OF THE REPUBLIC OF LITHUANIA’S LAW ON HIGHER EDUCATION AND ITEMS 40, 42, AND 43 OF THE PROCEDURE FOR THE ESTABLISHMENT OF HIGHER SCHOOLS AND THE ISSUANCE OF PERMISSIONS TO CONDUCT THE STUDIES AS CONFIRMED BY THE RESOLUTION OF THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA (NO. 1153) “ON THE CONFIRMATION OF THE PROCEDURE FOR THE ESTABLISHMENT OF HIGHER SCHOOLS AND THE 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

The court reporter—Daiva Pitrėnaitė

The Constitutional Court of the Republic of Lithuania, in its procedural sitting, has considered the petition of a group of members of the Seimas of the Republic of Lithuania, the petitioner, requesting an investigation into whether the 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’s Law on the Procedure of the Publication and Entry into Force of Laws and Other Legal Acts, Paragraph 3 of Article 15 of the Republic of Lithuania’s Law on Higher Education and Items 40, 42, and 43 of the Procedure for the Establishment of Higher Schools and the Issuance of Permissions to Conduct the Studies as confirmed by the Resolution of the Government of the Republic of Lithuania (No. 1153) “On the Confirmation of the Procedure for the Establishment of Higher Schools and the 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 the petition requesting an investigation into whether the 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 the Publication and Entry 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 the Establishment of Higher Schools and the Issuance of Permissions to Conduct the Studies as confirmed by the Government Resolution (No. 1153) “On the Confirmation of the Procedure for the Establishment of Higher Schools and the 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 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 adopts the following

decision:

1. To accept the petition of a group of members of the Seimas requesting an investigation into whether the 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’s Law on the Procedure of the Publication and Entry into Force of Laws and Other Legal Acts, and Paragraph 3 of Article 15 of the Republic of Lithuania’s Law on Higher Education.

2. To refuse to consider the petition of a group of members of the Seimas requesting an investigation into whether the 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 the Establishment of Higher Schools and the Issuance of Permissions to Conduct the Studies as confirmed by the Resolution of the Government of the Republic of Lithuania (No. 1153) “On the Confirmation of the Procedure for the Establishment of Higher Schools and the 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