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On the restoration of the validity of a legal act

 

PRESIDENT OF THE CONSTITUTIONAL COURT
OF THE REPUBLIC OF LITHUANIA

ANNOUNCEMENT

ON THE RESTORATION 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 AS 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 AS APPROVED BY THE RESOLUTION OF THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA (NO. 962) “ON APPROVING THE HABILITATION PROCEDURE” OF 18 JULY 2003 WITH THE EXCEPTION OF ITS PROVISION “IN BOTH CASES, IT IS COMPULSORY THAT NOT LESS THAN 2 SCIENTIFIC ARTICLES BE PUBLISHED IN THE PUBLICATIONS WHICH ARE INCLUDED IN THE DATABASES OF THE INSTITUTE FOR SCIENTIFIC INFORMATION”

5 May 2007

Vilnius

On 27 May 2006, the official gazette “Valstybės žinios” published an official announcement of the acting President of the Constitutional Court that till the Constitutional Court pronounced its ruling in the case subsequent to the petition of the President of the Republic of Lithuania, the petitioner, which had been set forth in the Decree of the President of the Republic of Lithuania (No. 628) “On the Application to the Constitutional Court of the Republic of Lithuania” of 22 May 2006 with the petition requesting an investigation into whether Item 2.3.1 of the Resolution of the Government of the Republic of Lithuania (No. 899) “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” in its new wording as 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 and 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 as approved by the same resolution, 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 databases 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 and with the constitutional principle of a state under the rule of law, the following shall be suspended:

(1) the validity of Item 2.3 of the Resolution of the Government of the Republic of Lithuania (No. 899) “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” of 11 July 2001 (wording of the 18 August 2005 resolution (No. 906) of the Government of the Republic of Lithuania);

(2) the validity of 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 (wording of the 18 August 2005 resolution (No. 906) of the Government of the Republic of Lithuania) which was approved by the Resolution of the Government of the Republic of Lithuania (No. 899) “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” of 11 July 2001 (wording of the 18 August 2005 resolution (No. 906) of the Government of the Republic of Lithuania);

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

On 5 May 2007, the Constitutional Court adopted the Ruling “On the Compliance of Item 2.3.1 of the Resolution of the Government of the Republic of Lithuania (No. 899) ‘On Approving the Description of the 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’ of 11 July 2001 (wording of 18 August 2005) and Items 2.2, 2.5, 3.1.2, 3.1.3 and 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 (wording of 18 August 2005) as Approved by the Same Resolution, as well as 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 with the Constitution of the Republic of Lithuania”, whereby it recognised that:

(1) Item 2.3.1 of the Resolution of the Government of the Republic of Lithuania (No. 899) “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” of 11 July 2001 in its new wording 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 (Official Gazette Valstybės žinios, 2005, No. 102-3786) is not in conflict with the Constitution of the Republic of Lithuania;

(2) the provisions “when establishing qualification requirements for positions, institutions must take account of <…> 2.2. scientific articles which were published in periodical and serial scientific publications or one-time scientific publications which are assessed by the Institute for Scientific Information and other recognised international databases, the list whereof is drawn by the Council of Science of Lithuania <…>; <…> 2.5. material of reports of scientific conferences, scientific reviews <…> in the publications which are assessed in the international databases <…>” of Item 2 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 (wording of 18 August 2005) which was approved by the Resolution of the Government of the Republic of Lithuania (No. 899) “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” of 11 July 2001 in its new wording 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 (Official Gazette Valstybės žinios, 2005, No. 102-3786) are not in conflict with the Constitution of the Republic of Lithuania;

(3) the provisions that the scientists who have performed the habilitation procedure or have the scientific degree of a habilitated doctor and who in the last 5 years have fulfilled at least one of the following requirements: “3.1.2. published scientific articles in the periodical, serial or one-time publications which are assessed in the international databases <…>”; “3.1.3. published <…> and at least one scientific article in the periodical or serial publication which is assessed in the international databases”; and “3.1.4. <…> and published at least one article in the publication which is assessed in the international databases” may aspire to the positions of the professor or chief scientific worker of Item 3.1 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 (wording of 18 August 2005) which was approved by the Resolution of the Government of the Republic of Lithuania (No. 899) “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” of 11 July 2001 in its new wording 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 (Official Gazette Valstybės žinios, 2005, No. 102-3786) are not in conflict with the Constitution of the Republic of Lithuania;

(4) the provision “in both cases, it is compulsory that not less than 2 scientific articles be published in the publications which are included in the databases of the Institute for Scientific Information” and the provision “at least one of which must be published in the publication which is included in the databases of the Institute for Scientific Information” of 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 are in conflict with the principle of a state under the rule of law which is consolidated in the Constitution of the Republic of Lithuania.

Conforming to 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 publishing of the Constitutional Court Ruling “On the Compliance of Item 2.3.1 of the Resolution of the Government of the Republic of Lithuania (No. 899) ‘On Approving the Description of the 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’ of 11 July 2001 (wording of 18 August 2005) and Items 2.2, 2.5, 3.1.2, 3.1.3 and 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 (wording of 18 August 2005) as Approved by the Same Resolution, as well as 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 with the Constitution of the Republic of Lithuania” of 5 May 2007, the following shall be restored:

(1) 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)”;

(2) the validity of “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 (wording of the 18 August 2005 resolution (No. 906) of the Government of the Republic of Lithuania) which was 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) the validity of “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, to the extent that it prescribes that ‘A scientist who seeks for habilitation, must meet the following requirements: 3.1. After being granted the degree of a doctor, he published not less than 15 scientific articles in the reviewed periodical scientific publications. If a scientist, not less than a year before presenting the application to perform the habilitation procedure, published a reviewed scientific monograph of not less than 10 printing sheets or if he is a co-author of a reviewed joint scientific monograph, which was published not less than a year ago, and wherein his personal contribution composes not less than 10 printing sheets, upon a decision of the commission specified in Item 7 of this Habilitation Procedure, the published scientific works may be fewer, but not less than 8. The monograph must be distributed through book-shops and it must meet the requirements established by the Ministry of Science and Education. <…> The scientist who has produced significant works of experimental development (sold licences, technologies etc.), taking account of the importance of the works of experimental development, and which, according to the procedure established by the university senate or council of the institution of scientific research, was assessed by the commission specified in Item 7 of this Habilitation Procedure, as well as the scientist, who issued text books for schools of higher education, under the decision of the commission specified in Item 7 of this Habilitation Procedure, may be required to have less scientific articles published, however, they must be not less than 8 <…>; 3.2. He prepared a review (hereinafter referred to as the review) of the scientific works which are submitted for the habilitation procedure, wherein the presented publications are summarised and the main indicators of works are reviewed. In the review a list of summaries and scientific publications shall be presented. It is possible not to prepare the review if the monograph specified in Item 3.1 of this Procedure meets the requirements of this item. The recommended size of the review is up to one printing sheet”.

 

President                                                                                                                                                       Egidijus Kūris