The government resolution regulating the procedure for the work pay of teachers and other employees of budgetary establishments ruled unconstitutional
By its ruling adopted today, the Constitutional Court recognised that the Government Resolution “On Improvements in the Procedure for the Work Pay of the Employees of Budgetary Establishments and Organisations”, insofar as it regulates the essential conditions for the work pay of employees of budgetary establishments and organisations, including educators in state and municipal schools, is in conflict with the Constitution.
In its ruling, the Constitutional Court has also ruled a certain provision of the Law on Education to be in conflict with the Constitution. By the said provision, failing to establish the essential conditions of the work pay of educators of state and municipal schools, the Seimas had commissioned the Government to establish the procedure for such work pay. Such commissioning had unreasonably expanded the powers of the Government. Under the Constitution, the essential conditions for the work pay of the persons receiving remuneration from the funds of the state budget, which determine their work remuneration, must be established by means of a law.
The Constitutional Court noted that the legislature must heed the hierarchy of legal acts arising from the Constitution, therefore, it may commission neither the Government nor any other institution to regulate, by means of substatutory acts, the legal relations which, under the Constitution, may only be regulated by means of laws.