Minister of Education: Legal Issues in Council of State Ruling

The media office of Minister of Education and Higher Education Dr. Reema Karami stated in a press release that "the Ministry is following up on the decision issued by the Council of State suspending the implementation of the decision setting official exam dates for free candidates, especially after consulting the Legislative and Advisory Board, which confirmed its ability to set exam dates. The Ministry reaffirms its full respect for the judiciary and its rulings."

The statement continued: "This decision raises a series of surprising legal and practical issues prompting questions that demand careful consideration:

Is it permissible for the administration—the body responsible for implementing laws—to refrain from applying a valid law enacted by the Parliament, published and issued according to proper procedures, when it has no authority to amend or expand upon its interpretation?

Is it acceptable to hold the administration accountable for implementing a law, while minutes from the General Assembly of the Parliament clearly demonstrate that the legislator discussed the issue of free candidates and explicitly decided to exclude them from the scope of Law No. 48/2026?

Is it appropriate for oversight of administrative decisions to become a re-examination of a legislative choice made by Parliament with clear intent, when the administration’s role is strictly limited to implementing the law, not rewriting it?

Is it justifiable to characterize the administration’s action in setting exam dates—confirmed by the Legislative and Advisory Board—as exceeding its authority? If so, which body now has the authority to determine exam dates after the suspension of the decision that established them?

And is it acceptable to undermine the final value of the official certificate by issuing attestations to individuals not covered by the law, who have not followed any educational pathway, nor undergone any study or evaluation required by the legislator?

Then how can we expect the Ministry of Education to fulfill its duty when it finds itself today caught between a judicial ruling halting the setting of exam dates and a parliamentary inquiry into the government’s failure to establish these dates?

How can the administration reconcile its obligation to comply with the judicial decision with simultaneously demanding the implementation of a measure now deemed impossible and illegal? If the administration is prohibited from applying the law, how can it be expected to fulfill its duties toward citizens?"

The media office of the Minister concluded by affirming that "these concerns are not intended to provoke any debate, but rather to bring them before public opinion and the judiciary, rooted in the commitment to uphold the rule of law and the principle of separation of powers.

For these reasons, the Ministry of Education and Higher Education will file a request for reconsideration of the decision, presenting the Council of State with the legal evidence confirming that the Ministry has only implemented the will of the legislator as expressed in Law No. 48/2026, hoping for a review that ensures proper enforcement of the law, maintains orderly administrative operations, and safeguards the dignity of the official certificate."