Lituania
The European Court of Justice (ECJ) has delivered a significant ruling concerning Lithuania's Law on the State Language, particularly its application to private international schools. The case centered on a private international school in Vilnius, which faced scrutiny from the National Language Inspectorate for not ensuring that some staff members, including the director, had passed the Lithuanian language exam. Under Lithuanian law, teaching and administrative staff in regular contact with the public and administrative authorities are required to be proficient in Lithuanian, demonstrated by a certificate from the National Education Agency based on tests conducted within Lithuania.
The Supreme Administrative Court of Lithuania referred the matter to the ECJ to assess the compatibility of this language requirement with EU law. The ECJ acknowledged that while the law aims to protect and promote the Lithuanian language—a legitimate objective—it imposes restrictions on the freedom of establishment. The court found that the requirement for staff to provide a certificate issued solely by the National Education Agency, based on tests conducted within Lithuania, may exceed what is necessary to achieve the law's objectives. Additionally, the immediate application of this language requirement upon commencement of duties, without exceptions or flexibility, was deemed potentially disproportionate.
This ruling underscores the need for member states to balance national language preservation with the fundamental freedoms enshrined in EU law, ensuring that measures taken do not unduly restrict the rights of individuals and institutions operating within the EU.
