DECISION No 11 OF JULY 6, 1999 ON CC No 7/99
Fifty-four Members of the 38th National Assembly challenged the constitutionality of the National Assembly’s decision of March 10, 1999, to close down the Slav University.
The decision was based on Art. 86 para 1 of the Constitution and Art. 18 para 1 subpara 1 of the Higher Education Act which reads that the National Assembly shall close down higher educational institutions when and if they violate this very law or other bylaws on higher education.
The MPs challenged the decision on the basis of the assumption that a breach that entails the closure of a higher educational institution must have been perpetrated when the decision is taken. In the case in question, the MPs claim, a breach, if any, is a breach of the past and not a breach on the day the decision challenged was taken.
The challenge did not get the required seven ballots and was dismissed. However, the shortage of seven votes to support the National Assembly decision’s compliance with the Constitution prevents the Constitutional Court from forming motives. Each group of justices expressed their stand separately.
