Decision No. 5 of 9 April 2024 on Constitutional Case No. 20/2022
Referring Authority and Subject Matter of the Case
The case was initiated upon a request by the Ombudsman of the Republic of Bulgaria. The subject matter of the case is the constitutionality of the provision of Article 8, item 3 of the Higher Education Act, specifically the wording “state” (referring to state higher education institutions). The contested text regulates State subsidisation of state higher education institutions. According to the applicant, the provision is inconsistent with Article 53, paragraphs 1 (governing the right to education) and 6 (State encouragement of gifted pupils and students), as well as with Article 6 (establishing equality before the law and protection against discrimination).
Summary of the Court’s Reasoning
The constitutionality of the contested provision must be assessed on the basis of the constitutional principle of equality (Article 6) and in accordance with Article 53, paragraph 6 of the Constitution, which provides: “The State shall promote education by establishing and financing schools, supporting gifted pupils and students, and creating conditions for vocational training and retraining.”
The Court holds that the constitutionally established right to education, the development of its guarantees, and the ability to exercise that right constitute obligations that must be fulfilled by the competent State authorities - the National Assembly as the legislative body, and the Council of Ministers as the central body of the executive branch. These authorities are entitled, taking into account both the current needs of the State and society and the limitations of public resources, to determine an appropriate educational policy. The State has broad discretion to identify mechanisms for support suited to the relevant economic and social conditions, as well as to establish criteria for “gifted students” and to determine which of them should receive support.
Granting the request to declare unconstitutional the wording “state” in Article 8, item 3 of the Higher Education Act would oblige the State to subsidise the education of students in all higher education institutions, including private ones - an obligation that the Constitution does not impose on it.
Grounds for the Ruling and Disposition
Pursuant to Article 149, paragraph 1, item 2 of the Constitution (competence to rule on requests for establishing the unconstitutionality of laws), the Constitutional Court rejects the request to establish the unconstitutionality of the wording “state” in Article 8, item 3 of the Higher Education Act.
The decision was adopted with one opinion on the reasoning.
Председател: Павлина Панова