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On dismissing legal proceedings

Case No. 09/05

 

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

 

DECISION

 

ON THE LEGAL PROCEEDINGS IN THE CASE SUBSEQUENT TO 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 CONSTITUTION OF THE REPUBLIC OF LITHUANIA, PARAGRAPH 1 OF ARTICLE 9 OF THE REPUBLIC OF LITHUANIA’S LAW ON THE PROCEDURE OF 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

 

31 May 2006

Vilnius

 

The Constitutional Court of the Republic of Lithuania, composed of the Justices of the Constitutional Court: Armanas Abramavičius, Toma Birmontienė, Egidijus Kūris, Kęstutis Lapinskas, Zenonas Namavičius, Ramutė Ruškytė, Vytautas Sinkevičius, Stasys Stačiokas, and Romualdas Kęstutis Urbaitis

The court reporter—Daiva Pitrėnaitė

The Constitutional Court of the Republic of Lithuania, at its procedural sitting, has considered the petition of a group of members of the Seimas of the Republic of Lithuania, the petitioner, which was composed of the members of the Seimas Jurgis Razma, Povilas Jakučionis, Andrius Kubilius, Rasa Juknevičienė, Vilija Aleknaitė-Abramikienė, Edmundas Pupinis, Kazys Starkevičius, Emanuelis Zingeris, Danutė Bekintienė, Julius Dautartas, Audronius Ažubalis, Vida Marija Čigriejienė, Irena Degutienė, Rytas Kupčinskas, Saulius Pečeliūnas, Egidijus Vareikis, Arimantas Dumčius, Rimantas Jonas Dagys, Antanas Matulas, Algis Čaplikas, Raimundas Palaitis, Eligijus Masiulis, Antanas Napoleonas Stasiškis, Algirdas Vrubliauskas, Ramūnas Garbaravičius, Liudvikas Sabutis, Vincė Vaidevutė Margevičienė, Rimantas Remeika, Arminas Lydeka, Raimondas Šukys, Vytautas Grubliauskas, Audrius Endzinas, and Jonas Čekuolis, 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 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.

The Constitutional Court

has established:

I

1. 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 (Official Gazette Valstybės žinios, 2003, No. 88-4000; hereinafter also referred to as the government resolution 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 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 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 the 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). The petition was received at the Constitutional Court on 17 March 2005.

2. By its 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” of 31 March 2005, the Constitutional Court accepted the petition of the group of members of the Seimas, the petitioner, requesting an investigation into whether the government resolution of 12 September 2003 was 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 Entry into Force of Laws and Other Legal Acts, and Paragraph 3 of Article 15 of the Law on Higher Education.

By the said decision, the Constitutional Court refused to investigate the petition of the petitioner, requesting an investigation into whether the government resolution of 12 September 2003 was 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 the 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).

3. By Ordinance of the President of the Constitutional Court No. 2B-48 of 1 April 2005, subsequent to the petition of a group of members of the Seimas, the petitioner, requesting an investigation into whether the government resolution of 12 September 2003 was 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 Entry into Force of Laws and Other Legal Acts, and Paragraph 3 of Article 15 of the Law on Higher Education, the preparation of Case No. 09/05 for the constitutional court hearing was begun.

II

The petition of the petitioner was grounded on the fact that the government resolution of 12 September 2003 whereby approval was given for issuance the permission for the educational establishment the Baltic Humanitarian Centre to conduct the studies according to the syllabi of the “Baltijas krievu institūts” (Baltic Russian Institute), a school of higher education of the Republic of Latvia, and to engage in other activity related to the studies, was, according to the petitioner, issued by invoking a legal act that had not yet come into force, i.e. by invoking the 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 whereby the Procedure for Establishment of Higher Schools and Issuance of Permissions to Conduct the Studies was confirmed, and which was officially published in the official gazette Valstybės žinios on 12 September 2003 and came into force on the next day, i.e. on 13 September 2003.

The Constitutional Court

holds that:

1. On 12 September 2003, the Government adopted the 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”. This government resolution came into force on 18 September 2003.

2. On 17 May 2005, the Government adopted the Resolution (No. 542) “On the Annulment of the Validity of a Permission to Conduct Studies” (hereinafter referred to as the government resolution of 17 May 2005) by Item 2 whereof the government resolution of 12 September 2003 was recognised as no longer valid. Under Item 3 of the government resolution of 17 May 2005, this government resolution came into force on 1 July 2005.

3. Paragraph 4 of Article 69 of the Law on the Constitutional Court provides that the annulment of the disputed legal act shall be grounds to adopt a decision to dismiss the instituted legal proceedings and if it becomes clear before the beginning of the Court hearing, the Constitutional Court shall decide this question in the deliberation room.

In its acts the Constitutional Court has held more than once that the formula “shall be grounds <…> to dismiss the instituted legal proceedings” of Paragraph 4 of Article 69 of the Law on the Constitutional Court should be construed as the one establishing the powers of the Constitutional Court to dismiss, after the Constitutional Court takes account of the circumstances of the case under consideration, the instituted legal proceedings in the cases when not courts, but other subjects specified in Article 106 of the Constitution applied to the Constitutional Court.

Conforming to Article 28 and Paragraph 4 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:

To dismiss the legal proceedings in the case subsequent to the petition of the group of members of the Seimas, 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 (Official Gazette Valstybės žinios, 2003, No. 88-4000) 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 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.

Justices of the Constitutional Court:       Armanas Abramavičius

                                                                            Toma Birmontienė

                                                                            Egidijus Kūris

                                                                            Kęstutis Lapinskas

                                                                            Zenonas Namavičius

                                                                            Ramutė Ruškytė

                                                                            Vytautas Sinkevičius

                                                                            Stasys Stačiokas

                                                                            Romualdas Kęstutis Urbaitis