Case nº U-II/1118/2013 of May 22, 2013. Proceedings for reviewing conformity of other regulations with the Constitution and law

Resolution Date:May 22, 2013
Issuing Organization:Constitutional Court
SUMMARY

Decision to Introduce, Monitor and Evaluate the Implementation of the Health Education Curriculum in Primary and Secondary Schools, class: 602-01/12-01/00431, reg. no: 533-21-12-0005 of 31 January 2013 of the Minister of Science, Education and Sports, published in the Official Gazette no. 17 of 13 February 2013, and which came into force on 21 February 2013, and its integral part: the Health... (see full summary)

 
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The Constitutional Court of the Republic of Croatia, composed of Jasna Omejec, President of the Court, and Judges Mato Arlović, Marko Babić, Snježana Bagić, Slavica Banić, Mario Jelušić, Davor Krapac, Ivan Matija, Antun Palarić, Aldo Radolović, Duška Šarin and Miroslav Šeparović, deciding on proposals to institute proceedings to review the conformity of another regulation with the Constitution of the Republic of Croatia (Official Gazette nos. 56/90, 135/97, 113/00, 28/01 and 76/10), at its session held on 22 May 2013, rendered the following

D E C I S I O N

  1. Proceedings were instituted to review conformity with the Constitution and the law, and a decision was adopted to repeal the Decision to Introduce, Monitor and Evaluate the Implementation of the Health Education Curriculum in Primary and Secondary Schools, class: 602-01/12-01/00431, reg. no: 533-21-12-0005 of 31 January 2013 of the Minister of Science, Education and Sports, published in the Official Gazette no. 17 of 13 February 2013, and which came into force on 21 February 2013, and its integral part: the Health Education Curriculum.

  2. Pursuant to Article 31.5 of the Constitutional Act on the Constitutional Court of the Republic of Croatia (Official Gazette nos. 99/99, 29/02 and 49/02), the Constitutional Court establishes that, before the adoption of the Health Education Curriculum in a procedure aligned with the requirements of the Constitution, the content of health education shall be taught in classes in primary and secondary schools in the Republic of Croatia according to the programme that was being taught up to the beginning of the 2012/2013 school year.

  3. This decision shall be published in the Official Gazette.

    STATEMENT OF REASONS

  4. PROCEEDINGS BEFORE THE CONSTITUTIONAL COURT

    1. - On 31 January 2013, the Minister of Science, Education and Sports adopted the Decision to Introduce, Monitor and Evaluate the Implementation of the Health Education Curriculum in Primary and Secondary Schools, class: 602-01/12-01/00431, reg. no.: 533-21-12-0005 (hereinafter: Decision-HEC/13).

      Decision-HEC/13 reads:

      Pursuant to Article 39 of the Act on the State Administration System (Official Gazette no. 150/2011) the Minister of Science, Education and Sport hereby adopts the following:

      DECISION

      TO INTRODUCE, MONITOR AND EVALUATE THE IMPLEMENTATION OF THE HEALTH EDUCATION CURRICULUM IN PRIMARY AND SECONDARY SCHOOLS

      I.

      Pursuant to this Decision, the Health Education Curriculum is to be introduced into primary and secondary schools in the Republic of Croatia, and its implementation will be systematically monitored and evaluated.

      II.

      The Health Education Curriculum is an integral part of this Decision, and will be implemented through content integrated into the teaching programme of various subjects, homeroom classes, school projects and other school activities.

      III.

      The professional training of primary and secondary school teachers and professional associates related to the content and topics of health education will be conducted by the Education and Teacher Training Agency.

      IV.

      The implementation of the Health Education Curriculum, and the outcomes of learning and teaching, will be systematically monitored and evaluated by the schools themselves (self-evaluation) and the National Centre for External Evaluation of Education.

      V.

      When this Decision comes into force, the Decision on the Introduction, Monitoring and Evaluation of the Health Education Curriculum in Primary and Secondary Schools of 27 September 2012 (class: 602-01/12-01/00431; reg. no.: 533-21-12-0003) will cease to be in force.

      VI.

      This Decision shall be published in the Official Gazette, and comes into force on the eighth day after its publication.

      Class: 602-01/12-01/00431

      Reg. No.: 533-21-12-0005

      Zagreb, 31 January 2013

      Minister

      Željko Jovanović, D.Sc, m.p.

      THE HEALTH EDUCATION CURRICULUM (...)

      The Health Education Curriculum consists of the following parts: introduction, suggestions for teachers and professional associates and a list of recommended literature, a table with the four teaching modules (I Healthy Living, II Preventing Addiction, III Prevention of Violent Behaviour and IV Sexual/Gender Equality and Responsible Sexual Behaviour) according to the school years and the number of lessons within homeroom classes, and a table with planned teaching content and expected outcomes.

    2. - 1. The Constitutional Court points out that in the text of this statement of reasons below, the title of the disputed act is abbreviated to Decision-HEC/13 and is as a rule used in the meaning implied by the Decision by the Minister of Science, Education and Sports of 31 January 2013, together with the accompanying Health Education Curriculum and all its integral parts. As an exception, in the parts of the text which directly relate only to individual components of the Decision-HEC/13, the title of that component is used.

      The same rule also applies to the Decision by the Minister of Science, Education and Sports and the accompanying Health Education Curriculum, with the same name and identical content, and its component parts, class: 602-01/12-01/00431, reg. no: 533-21-12-0003 of 27 September 2012 - Decision-HEC/12 - which was adopted before Decision-NEC/13 and will also be discussed below in this statement of reasons.

    3. - Decision-HEC/13 was published in Official Gazette no. 17 of 13 February 2013 and came into force on the eighth day after its publication, that is, on 21 February 2013. It prescribed that when it came into force, Decision-HEC/12 would cease to be in force.

    4. - Proposals for the institution of proceedings to review the conformity with the Constitution and law of Decision-HEC/13 were filed with the Constitutional Court by:

      – Miroslav Kota of Zagreb (case U-II-2907/2013);

      – Hrvatska stranka prava 1861 (Croatian Party of Rights, 1861) of Zagreb (hereinafter: HSP 1861) represented by its president Dobroslav Paraga (case U-II-2908/2013);

      – Dario Čehić of Poreč (case U-II-1118/2013);

      – Stojan Tokić of Sesvete (case U-II-1405/2013); and

      – Udruga Glas roditelja za djecu (Association of the Parents' Voice for Children) (hereinafter: GROZD), together with the Udruga za promicanje etike, morala, obiteljskih vrijednosti i ljudskih prava Reforma (The Association for the Promotion of Ethics, Morals, Family Values and Human Rights, Reform) (hereinafter: Reforma), both from Zagreb, represented by Krešimir Planinić and Domagoj Šoljić, attorneys from the Law Firm Planinić and Partners of Zagreb, the attorney Miroslav Šumanović of Zagreb and the attorney Marijo Vojvodić of Ogulin (case U-II-2909/2013).

    5. - The proponent Miroslav Kota and HSP 1861 had previously, before Decision-HEC/13 came into force (that is, while Decision-HEC/12 was still in force) filed a motion with the Constitutional Court to institute proceedings for a review of the conformity with the Constitution and the law of Decision-HEC/12. After Decision-HEC/13 came into force (that is, after Decision-HEC/12 ceased to be in force), the Constitutional Court requested these proponents to provide observations on whether they wished to extend their proposal to cover Decision-HEC/13 as well.

      In view of the fact that the content of Decision-HEC/12 and Decision-HEC/13 is identical, both these proponents sent the Constitutional Court written observations in which they stated that they stood completely by their arguments in the proposals already submitted in relation to Decision-HEC/12 and extended them to the newly adopted Decision-HEC/13.

    6. - 1. The proponent Miroslav Kota also made a proposal for the Constitutional Court to adopt a ruling on the temporary stay of execution of individual decisions or actions, which were being undertaken on the basis of Decision-HEC/12 (and Decision-HEC/13) within the meaning of Article 45 of the Constitutional Act on the Constitutional Court of the Republic of Croatia (Official Gazette nos. 99/99, 29/02 and 49/02, hereinafter: the Constitutional Act), deeming that grave and irreparable consequences had already occurred and that further such consequences could occur for the citizens of the Republic of Croatia, especially children in a sensitive period of their physical and emotional development.

    7. - 2. The proponents Dario Čehić, Stojan Tokić and the Associations GROZD and Reforma filed their proposals after Decision-HEC/13 had come into force. Dario Čehić and Stojan Tokić proposed the institution of Constitutional Court proceedings in relation to Decision-HEC/13, whilst the Associations mentioned proposed the institution of proceedings in relation to Decision-HEC/12 and Decision-HEC/13.

    8. - 3. After Decision-HEC/13 came into force (that is, after Decision-HEC/12 ceased to be in force) a total of eight proposals were received by the Constitutional Court for the institution of Constitutional Court proceedings in relation to Decision-HEC/12. In relation to all the proposals for the institution of Constitutional Court proceedings in relation to Decision-HEC/12, the Constitutional Court adopted ruling no.: U-II-51/2013 et al. of 20 May 2013, which dismissed those proposals pursuant to Article 32 of the Constitutional Act.

    9. - 4. This decision was adopted by the Constitutional Court following the proposal by the proponents Miroslav Kota, HSP 1861, Dario Čehić, Stojan Tokić and part of the joint proposal by the Associations GROZD and Reforma for the institution of proceedings to review the conformity with the Constitution and law of Decision-HEC/13.

    10. - Before adopting the decision, the Constitutional Court considered the question of whether the disputed Decision-HEC/13 constitutes another regulation which the Constitutional Court is competent to assess within the meaning of Article 125.2 of the Constitution, which prescribes that the Constitutional Court decides on the conformity of other regulations with the Constitution and the law.

      Article 26 of the Primary and Secondary School Education Act (Official...

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