Date of the judgment: 10.05.2007.
Official publication: 15.05.2007.
On Compliance of Para 5 of the Transitional Provisions of State Civil Service Law and Regulation of February 20, 2001 by the Cabinet of Ministers No. 79 “Regulations on the Procedure and the Term for Applying the Mandatory Requirement Set for Civil Servants – Higher Education” with Articles 1, 91, 101 and 106 of the Satversme of the Republic of Latvia
Case short name: The Dismissal of Civil Servants from OfficeConstitutional court held:
1. Para 5 of the Transitional Provisions of the State Civil Service Law complies with Articles 1, 91, 101 and 106 of the Satversme of the Republic of Latvia.
2. Paras 1 – 6 and Paras 8 – 10 of the Regulation of February 20, 2001 by the Cabinet of Ministers No. 79 “Regulations on Application Order and Term of the Mandatory Requirement for Civil Servants – Higher Education” comply with Articles 1, 91, 101 and 106 of the Satversme of the Republic of Latvia.
3. Para 7 of the Regulation of February 20, 2001 by the Cabinet of Ministers No. 79 “Regulations on Application Order and Term of the Mandatory Requirement for Civil Servants – Higher Education” complies with Articles 1, 91, 101 and 106 of the Satversme of the Republic of Latvia if it is related to the persons mentioned in Para 4 of the Concluding Part of the Judgment.
4. As to the persons who initiated studies in an institution of higher education and discontinued them due to relevant and justifying conditions, Para 7 of the Regulation of February 20, 2001 by the Cabinet of Ministers No. 79 “Regulations on Application Order and Term of the Mandatory Requirement for Civil Servants – Higher Education” is in conflict with Articles 1, 91, 101 and 106 of the Satversme of the Republic of Latvia and invalid as of the day of coming into force.