The Constitutional Court of Latvia has recognized that the law restricting the freedom of universities to teach in foreign languages does not comply with the Constitution, according to lawyer Elizaveta Krivtsova, Sputnik news reports.
Elizaveta stated on social media that she was able to convince the court that protecting the Latvian language is more than just a fight against other languages. Among other things, the court acknowledged that if only good programs are allowed in English, while mediocre and poor ones are permitted in Latvian, it shows disrespect towards the guest language rather than its protection.
For the first time, the court acknowledged a violation of the Framework Convention for the Protection of National Minorities, stating that at least philological and cultural programs should be unrestricted and available in minority languages. The court's decision was based on the understanding that language regulation decisions should not be made hastily and solely based on slogans. Therefore, the law was deemed unconstitutional, and the Saeima (Latvian Parliament) was given until July 1, 2024, to develop new regulations.
To recap, the language amendments essentially prohibited Latvian private universities from continuing (previously accredited) programs in the Russian language. While the use of official languages of the European Union was allowed, it was limited to no more than one-fifth of the educational process. Furthermore, teaching in foreign languages to residents of Latvia was also prohibited. Members of the Saeima from the "Harmony" party and several opposition deputies turned to the Constitutional Court, demanding an assessment of the legislative changes in terms of compliance with the norms of the European Union's free market and, in parallel, the Satversme (Constitution). The application was submitted in 2019, and on June 11, 2020, the Constitutional Court partially satisfied the claim.
The law was sent back to the Saeima for revision, and the Constitutional Court also requested an evaluation of its compliance with the norms of the single European market from the European Court of Justice. The case was examined in Luxembourg, where it was recognized that the restriction of rights was justified as other European entrepreneurs could not establish private universities in Latvia, taking into account the requirements of local legislation. However, the decision of the European Court is not binding for Latvia, so the case was returned to the Constitutional Court to reach a final decision.
Meanwhile, the Saeima worked on "fixing the mistakes." On April 8, 2021, the Saeima approved amendments to the Higher Education Law. The amendments state that within the framework of a program in the national language, a university can teach up to one-fifth of the program (in terms of credit points) in other EU languages. However, this portion cannot include state exams or the creation of qualification, bachelor's, and master's works.
Higher education institutions can implement educational programs in EU languages if all these programs received a rating of "good" or "excellent" during accreditation. Essentially, the editorial changes have made little difference—only in terms of details. For example, partially teaching a course in English is now allowed not only for foreign students but also for local ones.
The consideration of the case in the Constitutional Court continued, and on June 28, a decision was reached in favor of the plaintiffs.
Comments (0)