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On the suspension of the validity of a legal act

 

PRESIDENT OF THE CONSTITUTIONAL
COURT OF THE REPUBLIC OF LITHUANIA

ANNOUNCEMENT

ON THE SUSPENSION OF THE VALIDITY OF ITEM 2.3 OF THE 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 (WORDING OF THE 18 AUGUST 2005 RESOLUTION (NO. 906) OF THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA) AND ITEMS 2 AND 3 OF THE DESCRIPTION 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 APPROVED BY THE SAME RESOLUTION (WORDING OF THE 18 AUGUST 2005 RESOLUTION (NO. 906) OF THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA), AS WELL AS ITEM 3 OF THE HABILITATION PROCEDURE APPROVED BY THE RESOLUTION OF THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA (NO. 962) “ON APPROVING THE HABILITATION PROCEDURE” OF 18 JULY 2003

 

25 May 2006

Vilnius

 

By the Constitutional Court’s Decision “On Accepting the Petition of a Petitioner” of 25 May 2006, it was decided to accept for consideration the petition set forth in the Decree of the President of the Republic “On an Application to the Constitutional Court of the Republic of Lithuania” of 22 May 2006 requesting an investigation into whether Item 2.3.1 of the new-wording Resolution of the Government of the Republic of Lithuania “On Approving the Description of Minimum Qualification Requirements for the Positions of Scientific Workers, Other Researchers and Teachers at State Institutions of Science and Studies, the Description 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 Description of the Procedure for Awarding Pedagogical Degrees in Universities” set forth in the Resolution of the Government of the Republic of Lithuania (No. 906) “On Amending the 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 Description 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 the 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.

Under Paragraph 4 of Article 106 of the Constitution of the Republic of Lithuania, the presentation by the President of the Republic for the Constitutional Court asking for an investigation into the conformity of an act with the Constitution shall suspend the validity of the act.

Conforming to Paragraph 4 of Article 106 of the Constitution of the Republic of Lithuania and Paragraph 3 of Article 26 of the Law on the Constitutional Court of the Republic of Lithuania,

I hereby announce that from the day of official publication of this announcement in the official gazette “Valstybės žinios” until the publication of a ruling of the Constitutional Court regarding this case the validity of the following shall be suspended:

1) Item 2.3 of the 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 (wording of the 18 August 2005 resolution (No. 906) of the Government of the Republic of Lithuania);

2) Items 2 and 3 of the Description 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 as approved by the 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 (wording of the 18 August 2005 resolution (No. 906) of the Government of the Republic of Lithuania);

3) Item 3 of the Habilitation Procedure as approved by the Resolution of the Government of the Republic of Lithuania (No. 962) “On Approving the Habilitation Procedure” of 18 July 2003.

 

Acting President of the Constitutional Court                                                                                                Kęstutis Lapinskas