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On accepting a petition of the petitioner

 

 

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

The court reporter—Daiva Pitrėnaitė

The Constitutional Court of the Republic of Lithuania, at its procedural sitting, has considered the petition of the President of the Republic, the petitioner, set forth in his Decree “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 as 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.

The Constitutional Court

has established:

On 22 May 2006, the President of the Republic, the petitioner, issued the Decree “On an 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 an Application to the Constitutional Court of the Republic of Lithuania” of 22 May 2006 set forth the petition to the Constitutional Court requesting an investigation into whether Item 2.3.1 of the new-wording Government Resolution “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 Government Resolution (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 as approved by the 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 an 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 adopts the following

decision:

To accept the petition of the President of the Republic, set forth in his Decree “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 as 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.

Justices of the Constitutional Court:            Armanas Abramavičius

                                                                                 Toma Birmontienė

                                                                                 Kęstutis Lapinskas

                                                                                 Zenonas Namavičius

                                                                                 Ramutė Ruškytė

                                                                                 Vytautas Sinkevičius

                                                                                 Stasys Stačiokas

                                                                                 Romualdas Kęstutis Urbaitis