Case No 2/94                    
                                                                                
                                                                                
                 THE CONSTITUTIONAL COURT OF                                    
                  THE REPUBLIC OF LITHUANIA                                     
                                                                                
                         R U L I N G                                            
                                                                                
        On  the  compliance of the norms of the Law  of  the                    
Republic   of  Lithuania  On  Privatization  of  Apartments,                    
establishing  the  privatization  of  hostel  rooms  in  the                    
institutions  of higher education, with the Constitution  of                    
the Republic of Lithuania                                                       
                                                                                
                    27 June 1994, Vilnius                                       
                                                                                
         The   Constitutional  Court  of  the  Republic   of                    
Lithuania,  composed from the Justices of the Constitutional                    
Court   Algirdas   Gailiūnas,  Kęstutis  Lapinskas,   Zigmas                    
Levickis,  Vladas  Pavilonis, Pranas Vytautas  Rasimavičius,                    
Stasys Stačiokas, Teodora Staugaitienė, Stasys Šedbaras  and                    
Juozas Žilys,                                                                   
       the secretary of the hearing - Sigutė Brusovienė,                        
         the   party  concerned  -  Seimas  members   Julius                    
Beinortas,  Gediminas Adolfas Paviržis,  representatives  of                    
Seimas, advocate Kazimieras Motieka and Algirdas Taminskas,                     
        pursuant  to Part 1, Article 102 of the Constitution                    
of  the  Republic and Part 1, Article 1 of the  Law  on  the                    
Constitutional  Court of the Republic of Lithuania,  in  its                    
public  hearing of 16 June 1994 conducted the  investigation                    
of  Case No 2/94 subsequent to the petition submitted to the                    
Court  by  the Presidium  of the Supreme Court of  Lithuania                    
requesting  to  investigate if  the  norms  of  the  Law  On                    
Privatization  of Apartments, establishing the privatization                    
of hostel rooms of the institutions of higher education, are                    
in  compliance  with  the Constitution of  the  Republic  of                    
Lithuania                                                                       
                                                                                
       The Constitutional Court                                                 
                         has established:                                       
                                                                                
                             1.                                                 
                                                                                
        Vilnius 2nd District Court by the decision,  adopted                    
on  6  October 1993, complied with the suit brought  to  the                    
Court  by  the  plaintiffs G. Aleksonis and  R.  Aleksonienė                    
against  the defendant - Vilnius University - pertaining  to                    
the  privatization  of  a  dwelling,  and  commissioned  the                    
University  to  sell for the plaintiffs their  leasehold  in                    
Čiurlionio  str.  1/2-15, Vilnius. The  Court  decision  was                    
passed  pursuant to the Law On Privatization of  Apartments,                    
establishing the procedure of purchase-sale of the state and                    
public housing fund to the tenants leasing dwellings. In the                    
first  part  of  Article 2 of the Law  On  Privatization  of                    
Apartments,  it is set forth that "the object  of  purchase-                    
sale is residential houses belonging to the state and public                    
housing fund, apartments in many-flat houses, apartments and                    
rooms  in hostels". In the second part of Article 3 of  this                    
Law  it  is  specified  that "rooms in  hostels,  which  are                    
allotted  to  the students, graduates and post-graduates  of                    
the  institutions  of  secondary,  vocational,  further  and                    
higher   education  in  the  procedure  prescribed  by   the                    
Government, as well as rooms in the hostels belonging to the                    
Union  of  the Blind and Weak-sighted of Lithuania,  Society                    
for the Deaf and Society of the Disabled of Lithuania, shall                    
not  be  subject to privatization" (Law of the  Republic  of                    
Lithuania  on  the  Privatization  of  Apartments,   edition                    
adopted on 15 July 1993, Official Gazette "Valstybės Žinios"                    
No 32-722, 1993).                                                               
        The  Panel  of Civil Cases of the Supreme  Court  of                    
Lithuania  by the ruling of 18 November 1993 left the  court                    
decision unchanged.                                                             
        The deputy Chairman of the Supreme Court appealed by                    
protest  in  order  of supervision to the Presidium  of  the                    
Supreme  Court requesting to nullify the court decision  and                    
the College ruling, to adopt a new decision and to dismiss a                    
suit.                                                                           
        While considering this protest, the Presidium of the                    
Supreme  Court by its resolution suspended the investigation                    
of  the  civil  case and addressed the Constitutional  Court                    
with  the request to investigate if the Law on Privatization                    
of  Apartments, while applying it with respect to the hostel                    
of  Vilnius University, is in conformity with the third part                    
of  Article  40  of  the Constitution  of  the  Republic  of                    
Lithuania.                                                                      
                             2.                                                 
        The Presidium of the Supreme Court bases the request                    
on the following arguments.                                                     
        In  the third part of Article 40 of the Constitution                    
it is established that institutions of higher learning shall                    
be   granted   autonomy.  Under  the  statute   of   Vilnius                    
University,  this  institution of  higher  education  having                    
autonomy  exercises  the  right  of  inviolability  of   its                    
territory and buildings. Only the Seimas of the Republic  of                    
Lithuania  may change the boundaries of University territory                    
and  give  over  the buildings, taking the  opinion  of  the                    
University   Council  into  consideration.  The   University                    
Council and Senate, while resolving G. Aleksonis' request to                    
be  permitted to privatize the dwelling, and expressing  the                    
opinion  that  the  hostel in Čiurlionio str.  1/2  was  not                    
subject  to  privatization, relied  on  said  constitutional                    
provision and Vilnius University Statute.                                       
        Vilnius  2nd  District Court justifies its  decision                    
maintaining that the Law on Privatization of Apartments is a                    
special  law,  adopted  later than the  statute  of  Vilnius                    
University.  In  the opinion of the Court, in  case  of  the                    
competition  of laws, the norms of the Law on  Privatization                    
of   Apartments  are  applied.  The  Panel  of  Civil  Cases                    
consented  to such conclusions made by the Court and  stated                    
that premises under dispute are not specified on the list of                    
premises not subject to privatisation.                                          
        In  the protest in order of supervision it is argued                    
that  the dispute had to be resolved in conformity with  the                    
statute  of Vilnius University, which is a special norm  for                    
this  University,  whereas  the  Law  on  Privatization   of                    
Apartments is a general one, applied in the privatization of                    
the  state  and  public housing fund of  all  the  Republic.                    
Without  the consent of University Council to privatize  the                    
premises  under  dispute, and without the  adoption  of  the                    
Seimas  decision on this issue, the Court could not possibly                    
comply with the suit.                                                           
                             3.                                                 
        J. Beinortas and G. A. Paviržis, representatives  of                    
the  party concerned, explained in the Constitutional  Court                    
hearing  that  the Law on Privatization of  Apartments  came                    
into   being  while  realizing  the  idea  that  state-owned                    
property,  accumulated  in  the  housing  fund,  should   be                    
transferred to the citizens. By virtue of this Law,  60  per                    
cent  of  the  residents  of  Lithuania  under  preferential                    
conditions  acquired  the  ownership  right  to  residential                    
premises  leased by them from the state and  public  housing                    
fund.  Taking  the  status  of  the  citizens  of  Lithuania                    
residing  in  hostels into account, the Seimas  adopted  the                    
amendment, permitting to privatize rooms in hostels as well.                    
The  representatives of the party concerned have maintained,                    
that  the  University, as state institution of  science  and                    
studies,  must abide by the Law on Science and  Studies,  in                    
Article  19  of  which it is specified that institutions  of                    
science  and  studies  shall  use  State  property  in   the                    
procedure  established  by  the  laws  of  the  Republic  of                    
Lithuania. The Law on Privatization of Apartments prescribes                    
the   procedure   of  the  disposition  of   this   property                    
irrespective of the jurisdictional dependence thereof. It is                    
applied with respect to all the housing fund, formed by  the                    
contributions   of   the  citizens  of  Lithuania,   i.   e.                    
independently  from the organization to which  it  has  been                    
ascribed  and  which disposes of it. In the opinion  of  the                    
representatives  of  the  party  concerned,   the   Law   on                    
Privatization  of  Apartments  is  in  conformity  with  the                    
Constitution.                                                                   
       In the opinion of A. Taminskas, representative of the                    
party concerned, the Law on Privatization of Apartments does                    
not  contradict the third part of Article 40 also due to the                    
following motives:                                                              
       1. The Law on Privatization of Apartments was adopted                    
later than the statute of Vilnius University. Therefore,  in                    
case  of  the  competition of laws, a law which  is  enacted                    
later  shall  be in force, because it expresses  the  latest                    
will   of   the   legislator.  Furthermore,   the   Law   on                    
Privatization of Apartments is special as it regulates  only                    
specific  (not  general)  legal relations  of  privatization                    
ensuing from the management, use and disposal of property.                      
        2.  The  University manages, uses  and  disposes  of                    
property  given over thereto not by the rights of  ownership                    
but  property entrust. The rights of the state, as the  only                    
owner  of  the  property, are implemented  by  the  body  of                    
highest state power while adopting laws, executive acts, and                    
- in this particular case - ratifying the statute of Vilnius                    
University.  Thus,  the  University  must  manage,  use  and                    
dispose  of  state property (hostels among them)  under  the                    
statute  thereof, although without violation of the laws  of                    
the  Republic  of  Lithuania. The Law  on  Privatization  of                    
Apartments  is  binding to all the subjects, the  University                    
among them, because the latter disposes of its property only                    
in the procedure prescribed by laws.                                            
        3.  Pursuant  to the statute of Vilnius  University,                    
this  institution  of  higher  education,  having  autonomy,                    
exercises  the  right of the inviolability of its  territory                    
and  buildings,  and  only the Supreme Council  (Seimas,  at                    
present)  may  change the boundaries of  its  territory  and                    
seize  the  buildings, taking the opinion of the  University                    
Council into account. On the assertion of the representative                    
of  the party concerned, the University's autonomy does  not                    
include   the  right  to  inviolability  of  buildings   and                    
territory,  because  in item 1. 2.  1.  of  the  statute  of                    
Vilnius  University these concepts are definitely separated.                    
The  opinion of the University Council with respect  to  the                    
change  of the territory and management of houses,  may  not                    
restrict the Seimas' implementation of the ownership  rights                    
of  the state - the owner of the property. Only in the event                    
that the issue concerning the transferral of state property,                    
given  over  to the University, to other state  enterprises,                    
institutions,  organizations  or  institutions   of   higher                    
education is resolved, this provision should be binding.  In                    
the case of privatization of dwellings (hostels among them),                    
when  the form of property is changed, the supreme  body  of                    
state  power expresses its will on the issue of disposal  of                    
state property by adopting a law thereof.                                       
        4.  The  Law  on  Privatization  of  Apartments  has                    
provided  the possibility for the residents of Lithuania  to                    
acquire  for private ownership under preferential conditions                    
residential  houses, apartments and rooms in hostels  leased                    
from  the  state  ant  public housing fund.  The  groundless                    
deprivation  of  the right, possessed by  the  employees  of                    
institutions  of higher education, to privatize  the  leased                    
room in the employees' hostels, would restrict the rights of                    
the  employees of the institutions of higher education  and,                    
actually, would legalize discrimination on the bases of  his                    
or   her   occupation   or  social   status   (Article   29,                    
Constitution).                                                                  
       K. Motieka, representative of the party concerned has                    
explained  that,  according to the Constitution,  the  State                    
does  not regulate the issues concerning the management  and                    
disposal of property given over to the institution of higher                    
education. Buildings, hostels of the institution  of  higher                    
education among them, are within the scope of higher  school                    
autonomy.  Autonomy  -  is  some  sort  of  self-government,                    
established  by law which must be observed. The University's                    
autonomy  and the right to dispose of buildings is  strictly                    
defined  by  the statute of Vilnius University, under  which                    
the  issues must be resolved only by the University  Council                    
and  Senate.  The State, having delegated to the  University                    
the  right to dispose of property, may seize it only in  the                    
procedure  prescribed by laws and without violation  of  the                    
statute of the University.                                                      
        Institutions of science and studies use the property                    
belonging to them in the procedure established by  the  laws                    
of  the  Republic of Lithuania. All laws are binding to  the                    
University,  with  the  exception of those  which  determine                    
special procedure of their implementation. While privatizing                    
the  University hostels, the statute of Vilnius  University,                    
which has the power of law, must be applied, because the Law                    
on  Privatization of Dwelling is applied to the whole  state                    
housing  fund, with exception of autonomous institutions  of                    
higher education.                                                               
        In  the opinion of K. Motieka, representative of the                    
party  concerned, neither the statute of Vilnius University,                    
affirmed by law, nor the Law on Privatization of Apartments,                    
contradict  the Constitution. Both laws are  in  effect  and                    
have  different  clearly defined spheres of their  validity,                    
thus,  the  norms  of  University's  autonomy  may  not   be                    
regulated  by  the  norms  of the Law  on  Privatization  of                    
Apartments.                                                                     
                                                                                
       The Constitutional Court                                                 
                    holds that:                                                 
        1. In the third part of Article 40 it is established                    
that:  "Institutions  of higher learning  shall  be  granted                    
autonomy".                                                                      
        Historically,  the  idea  of  the  autonomy  of  the                    
institution of higher learning came into being in the Middle                    
Ages,  when  universities originated  as  establishments  of                    
science and studies. The autonomy meant that the university,                    
to  a  certain  extent,  was  independent  from  the  state,                    
striving   to  dissociate  itself  from  the  influence   of                    
political   power,  to  create  an  independent  system   of                    
regulation of internal activities within the institution  of                    
higher education. The purpose of such dissociation from  the                    
state  power  was  to  safeguard  the  freedom  of  science,                    
research and teaching, to protect researchers and professors                    
from  political influence. The development of  the  academic                    
autonomy  has always been predetermined by the understanding                    
that  science  and  teaching may normally exist  and  induce                    
progress  only  when  they are free  and  independent.  Thus                    
appeared  the principle of academic freedom, which expressed                    
the  striving  to  protect  the researchers'  and  teachers'                    
freedom  of  scientific  thought  and  its  expression  from                    
outward  influence.  Traditionally,  the  autonomy  of   the                    
institution of higher learning is conceived as the right  to                    
independently determine and establish in the regulations  or                    
statute   the  organizational  and  governmental  structure,                    
relations  with  other partners, the order of  research  and                    
studies,  academic syllabus, the order of student enrolment,                    
to  resolve  other  related questions, to use  the  property                    
given  over  by  the  state as well as  newly  acquired,  to                    
possess  the  territory  and  buildings  as  well  as  other                    
property, allotted for the needs of research and studies, to                    
have  the guarantee of inviolability. For this purpose,  the                    
institution   of   higher   learning   is   guaranteed   the                    
institutional  autonomy, i. e. certain status,  which  means                    
that  there  are certain spheres of activities,  independent                    
from the control of the executive power.                                        
        2. The Magna Charta (1988) of universities declares,                    
that  the  foundation of cultural, scientific and  technical                    
advancement of mankind is being created in such  centres  of                    
culture,  cognition  and research as true  universities.  In                    
order  the university could meet the needs of modern  world,                    
its  research  and scientific activity must be  morally  and                    
intellectually  independent from any political,  ideological                    
and  economic authority. (The Underlying Principles, Article                    
1).   All  this  presupposes  a  particular  status  of  the                    
University in the state and society.                                            
        3. The spheres of activities of the institutions  of                    
higher  learning, which are independent from  the  influence                    
and  control of governmental institutions and officials, are                    
determined  by the legislator. The latter thereby  restricts                    
his own powers with respect to those spheres. In the states,                    
where academic autonomy is established in the constitutions,                    
it  is  the constitutional provision concerning the autonomy                    
of  the institution of higher education, which obligates the                    
legislator to restrict his powers.                                              
         Upon  the  restoration  of  independent  state   of                    
Lithuania,  said  provision was affirmed in the  Provisional                    
Basic Law. This meant the continuity of the tradition of the                    
Lithuanian  State  to  recognize the  university's  academic                    
autonomy.  The principle of the autonomy of the  institution                    
of   higher  learning  was  also  established  in  the  1992                    
Constitution   of   the  Republic  of  Lithuania.   It   was                    
particularized in the Law on Science and Studies as well  as                    
statutes  of  institutions of higher education, ratified  by                    
the  Parliament.  These legal acts reveal  the  contents  of                    
academic   freedom,   set   forth   the   independent   from                    
governmental   control   spheres  of   activities   of   the                    
institutions of higher education, establish the contents  of                    
self-government, define the procedure of transferral of  the                    
state  property to the institutions of higher  learning  and                    
determine  the  guarantees of the use of  said  and  another                    
property of these institutions.                                                 
        4.  In a democratic law-governed state the power  is                    
vested  in the People. The People shall exercise the supreme                    
sovereign  power vested in them either directly  or  through                    
their  democratically elected representatives.  Implementing                    
the  state power, the legislator shall enact laws, which are                    
primary  acts of law, expressing the will of the  legislator                    
and  having the supreme legal power. The subjects,  to  whom                    
the  autonomy is guaranteed by the state, also get into  the                    
scope of legal regulation. However, a newly adopted law  may                    
not  restrict or impair those guarantees of self-government,                    
which     are   established   in   the   Constitution    and                    
particularized  in  the laws. The State must  guarantee  the                    
inviolability   of  the  right  of  independent   scientific                    
activity in the institutions of higher education, and ensure                    
due material and financial conditions for said activity.                        
        The  right of the state to regulate external affairs                    
of  the  institution of higher learning does not  contradict                    
the  autonomy unless it impairs the freedom of research  and                    
teaching  in  the institution of higher education.  Besides,                    
the  freedom of the institution of higher learning to  adopt                    
decisions,  based on institutional autonomy, does  not  mean                    
that   these   decisions  may  establish  the  priority   of                    
institutional interests with regard to individual rights  in                    
the case that it would cause discrimination of persons. Laws                    
governing general public relations are valid with respect to                    
the University as well as to any other institution of higher                    
education.                                                                      
        5.  After  the restoration of independent  state  of                    
Lithuania and restitution of the constitutional institute of                    
private ownership right, laws on privatization of state  and                    
public property were adopted in Lithuania. Privatization  of                    
Apartments  was  one of the main directions of  the  state's                    
social policy.                                                                  
        On 28 May 1991, the Law of the Republic of Lithuania                    
on  Privatization of Apartments established the right to the                    
residents  of  Lithuania to acquire  for  private  ownership                    
residential  houses,  apartments  in  many-flat  houses  and                    
hostels,  leased  from  the state and public  housing  fund.                    
However,  part  of  the  residents of Lithuania,  living  in                    
hostels,  could not privatize residential premises that  did                    
not  meet  the requirements set for the dwelling units.  The                    
residents were generally provided with dwellings pursuant to                    
labour  relations, although persons leasing rooms in hostels                    
on  said  basis, upon privatization of residential  premises                    
found themselves in different legal status than persons  who                    
lived  in  houses or flats leased from the state and  public                    
housing fund.                                                                   
        The  Law  adopted  in the Seimas  on  15  July  1993                    
appended  the  Law  on Privatization of Apartments,  entered                    
hostel  apartments  into  a  list  of  objects  subject   to                    
privatization,  excluding  those allotted  for  the  pupils,                    
students,   graduates  and  post-graduates   of   secondary,                    
vocational, further and higher education, as well  as  rooms                    
in  hostels  belonging to the Union of the Blind  and  Weak-                    
sighted,  Society for the Deaf and Society of the  Disabled.                    
Thus,  the legislator expanded the list of persons  entitled                    
to  the  right  to privatize the dwelling belonging  to  the                    
state and public housing fund.                                                  
       By this norm, the legislator determined that rooms in                    
hostels,  allotted  to  students and post-graduates,  i.  e.                    
persons,  who  are  related  to the  institution  of  higher                    
education  only by temporary research and learning relations                    
and  residing  in hostels only for some time, shall  not  be                    
subject  to  privatization. Persons,  who  were  settled  in                    
hostels of the institutions of higher education on the basis                    
of   permanent  labour  relations,  acquired  the  right  to                    
privatize  the apartment under lease. In this respect,  said                    
persons  were given equal rights with the employees  of  the                    
enterprises, establishments and organizations, also residing                    
in hostels.                                                                     
        6.  In Articles 12 and 19 of the Law on Science  and                    
Studies it is set forth that the State shall transfer  state                    
property to the state institution of science and studies for                    
possession and utilization, upon the act of establishment or                    
registration   of   said  institution,  in   the   procedure                    
established by the laws of the Republic of Lithuania.  Under                    
the  Civil  Code,  the  property transferred  to  the  state                    
institution is public property and remains the object of the                    
state-owned  property  (Articles 97 -  98-1).  However,  the                    
State  may  not violate the procedure of the disposition  of                    
property,  which is established in legal acts in force.  All                    
statutes of the institutions of higher education, that  have                    
been  approved up to now, provide for the guarantee for  the                    
institution   of   higher  education   to   the   right   of                    
inviolability of the territory and buildings transferred  by                    
the  state in the prescribed procedure. These provisions  of                    
legislators  confirm the fact, that the  protection  of  the                    
property belonging to universities and other institutions of                    
higher  learning  should be given special attention  by  the                    
State.  While  setting special rules for the  protection  of                    
said  property, the fact, that the property given  over  for                    
universities  and other institutions of higher  learning  is                    
the  material  basis for the implementation  of  freedom  of                    
science and studies, should be taken into consideration. The                    
boundaries of the territories of the institutions of  higher                    
education,  jurisdictional dependence of  buildings  may  be                    
changed  or  they may be seized only taking the  opinion  of                    
University  Council  into account. The  provision  that  the                    
opinion  of  University  Council should  be  regarded  while                    
seizing the buildings, is also established in the statute of                    
Vilnius University (item 1. 2. 2.).                                             
        By  adopting supplements to the Law on Privatization                    
of Apartments of 15 July 1993, an attempt was made to retain                    
the  uniform  provision in the sphere  of  privatization  of                    
property. However, this does not mean that an institution of                    
higher education, its scientific and learning interests  may                    
be denied by the power legislator. Taking the fact, that the                    
scope  of  legislator's  powers  shall  be  defined  by  the                    
Constitution (Article 5), into consideration, the legislator                    
may not adopt decisions, that would restrict the freedom  of                    
science, research and teaching, established in Article 42 of                    
the   Constitution,   as  well  as   autonomy   granted   to                    
institutions  of  higher  learning  by  Article  40  of  the                    
Constitution.    Therefore,   the   Seimas,    taking    the                    
constitutionally    prescribed    autonomous    status    of                    
institutions  of higher learning into account, provided  for                    
exception  in  the  cases  when privatization  of  rooms  in                    
hostels   might  influence  the  scientific   and   learning                    
interests,  i.  e.  the  Law  prohibited  privatization   of                    
hostels, allotted for students and post-graduates (also  for                    
residents,   pursuant   to  amendments   to   the   Law   on                    
Privatization of Apartments, adopted on 19 May. 1994).                          
        Cases  when  the dwelling unit in a  hostel  of  the                    
institution  of higher education is allotted  for  permanent                    
employees   of   said   institution,  should   be   regarded                    
differently. The legal status of these persons according  to                    
the  laws  on  apartments is analogous with  the  status  of                    
persons  residing  in  the  hostels  of  other  enterprises,                    
establishments  and  organizations.  The  explanation  that,                    
taking  the jurisdictional dependence of these hostels  into                    
consideration, different rules of privatization  of  hostels                    
should  be  applied,  is not grounded  and  contradicts  the                    
principle   of  all  people's  equality  before   the   law,                    
established   in   Article  23  of  the  Constitution.   The                    
privatization  of hostels belonging to the  institutions  of                    
higher education, inhabited by permanent employees of  these                    
schools, does not violate the institution's freedom  in  the                    
sphere  of  science, research, teaching and self-government.                    
The  legislator,  while  establishing  the  possibility   to                    
privatize  such hostels, resolved consistently  the  general                    
issue,  which  does  not  belong to  a  specific  sphere  of                    
autonomy of the institution of higher education.                                
        It  should be noted that, by way of implementing the                    
provisions  of the Law on Privatization of Apartments,  part                    
of   residential  premises  in  hostels  have  already  been                    
privatized,  on  the  consent  of  institutions  of   higher                    
education, Vilnius University among them. While denying  the                    
right  of employees, having permanent labour relations  with                    
the   institution  of  higher  learning,  to  privatize  the                    
dwelling   in  hostels,  their  civil  capacity   would   be                    
unlawfully restricted.                                                          
        If  supplements  of  15 July  1993  to  the  Law  on                    
Privatization of Apartments were interpreted as a basis  for                    
seizing  and giving over of University buildings,  the  fact                    
that  the  legislators  were aware of  the  opinion  of  the                    
University  Council,  must  not  be  disregarded.   As   the                    
shorthand record of the Seimas sitting of 13 July  1993,  in                    
which amendments to said Law were considered, can prove, the                    
opinion  of  the  University  Council,  expressed   in   the                    
resolution  of  10 January 1992, has been submitted  to  the                    
Seimas.                                                                         
         Pursuant  to  the  above  mentioned  motives,   the                    
Constitutional Court has drawn the conclusion that the norms                    
of  the Law of the Republic of Lithuania on Privatization of                    
Apartments, permitting to privatize rooms in the hostels  of                    
institutions  of  higher education, inhabited  by  permanent                    
employees  of  the  schools,  are  in  conformity  with  the                    
Constitution.                                                                   
        Conforming to Article 102 of the Constitution of the                    
Republic of Lithuania, as well as Articles 53, 54, 55 and 56                    
of  the  Law on the Constitutional Court of the Republic  of                    
Lithuania, the Constitutional Court has passed the following                    
                              ruling:                                           
         To   recognize  that  the  norms  of  the  Law   on                    
Privatization  of Apartments, establishing the privatization                    
of rooms in hostels of the institutions of higher education,                    
do  not  contradict  the Constitution  of  the  Republic  of                    
Lithuania.                                                                      
       This Constitutional Court ruling is final and not                        
subject to appeal.                                                              
       The ruling is promulgated on behalf of the Republic                      
of Lithuania.                                                                   
       Justices of the Constitutional Court:                                    
                                                                                
                                                                                
                                                                                
                                                                                
Algirdas Gailiūnas           Kęstutis Lapinskas                                 
                                                                                
Zigmas Levickis              Vladas Pavilonis                                   
                                                                                
Pranas Vytautas Rasimavičius Stasys Stačiokas                                   
                                                                                
Teodora Staugaitienė         Stasys Šedbaras                                    
                                                                                
Juozas Žilys