The article in question was added to the higher education act by Parliament in spring 2004, allowing the ministry to approve training schemes different from the ones outlined in the act. The amendment was passed in order to help create a new, EU-conform higher education structure, consisting of a three-year bachelor’s training and a two-year master’s training programs.

The new structure was introduced through a ministerial decree, avoiding the lengthy procedure of passing amendments to the higher education act at Parliament. The decree said that some training programs will start in line with the new structure in 2005, while all training programs should start according to the new structure in 2006.

The Constitutional Court ruled that the structure of university training should be outlined in a law, and not in ministerial decrees, and invalidated both the amended article in the act and the subsequent decree.

However, a number of new training programs have been planned to be started according to the new education structure in September 2005. According to the Education Ministry, the Constitutional Court did not rule retroactively, thus new programs already approved by the ministry can start in the new structure, while those that have not been approved yet, will have to wait until a law is passed. The latest draft proposal of the higher education law already includes the necessary modifications, but it will be debated in Parliament in spring 2005.