Restrictions imposed for private universities and other higher education institutions to implement education programmes in other official European languages breaches the Constitution of the Republic of Latvia, but restrictions in regards to the use of other languages is in line with the Constitution, as concluded by the Constitutional Court.
This means that private universities are permitted to have education programmes in English, but not in Russian, because the latter is not an official European language.
On Thursday, the 9th of February, the court announced the verdict in the case that challenged regulations of the Law on Higher Education Institutions that require universities and colleges to provide education programmes in state language only. The Constitutional Court explained that use of foreign languages in education programmes is permitted only in cases listed below.
First, education programmes in official European languages are permitted for foreigners studying in Latvia. It is also permitted to use foreign languages in education programmes implemented by the EU and as part of international cooperation. Foreign students are obligated to study the state language if their studies in Latvia are to last longer than six months or exceed 20 credits.
Second, no more than one-fifth of education programmes’ offered subjects are allowed to be taught in official European languages. This includes final exams and state exams, as well as qualification, Bachelor and Masters thesis.
Third, education programmes the implementation of which in foreign languages is necessary to achieve goals of education programmes in accordance with Latvia’s education classification in the following groups of education programmes: language and culture studies, language programmes. Compliance of education programmes with aforementioned groups is decided by the licensing committee.
Fourth, it is permitted to implement joint education programmes in official EU languages.
The case challenging language requirements in education was commenced following the application from deputies of the 13th Saeima.
These deputies believe the challenged regulations limit the rights of private education institutions to do business, as well as breach the principle of legitimate expectation. The challenged regulations already prohibit implementation of already licensed and accredited education programmes in foreign languages. On top of that, the legislator has not provided a smooth transition towards new legislative regulations.
The challenged regulations also limit EU citizens and companies that wish to found private education institutions in Latvia, their freedom to provide higher education services and entrepreneurial activity.
Saeima deputies believe the restriction of basic rights is unreasonable because the legitimate goal – promotion of use of the state language and preservation of national identity – can be accomplished using less restrictive means that permit more widespread use of foreign languages. The also stress that the challenged regulations do not provide a fair balance between the interests of private education institutions and public interests.
The Constitutional Court analysed if the challenged regulations comply with the Constitution. The court concluded the restrictions have been passed in accordance with procedures stated in the law. Additionally, it has a legitimate goal – protection of the democratic order and other rights, as
the challenged regulations enhance the role of the state language in higher education
and promote the use of the state language, protecting the rights of Latvian citizens to use the state language.