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CHAPTER I
THE STATUS OF THE CONSTITUTIONAL COURT
Article 1. The Constitutional Court—a
Judicial Institution
The Constitutional Court of the Republic
of Lithuania shall guarantee the supremacy of the Constitution of the Republic
of Lithuania in the legal system as well as constitutional legality by deciding,
according to the established procedure, whether the laws and other acts adopted
by the Seimas are not in conflict with the Constitution and whether acts of the
President of the Republic and the Government are not in conflict with the
Constitution or laws.
In cases established in the Constitution and this Law, the Constitutional Court
shall present conclusions to the Seimas and the President of the Republic.
The Constitutional Court shall be a free and independent court which implements
judicial power according to the procedure established by the Constitution of the
Republic of Lithuania and this Law.
Article 2. Laws on the Constitutional
Court
The Constitution of the Republic of
Lithuania and this Law shall establish the tasks, powers, and work procedure of
the Constitutional Court.
Article 3. Rules of the Constitutional
Court
Internal questions of the Constitutional
Court, the rules of professional conduct of justices, the structure of the Court
apparatus, clerical work, and other issues shall be regulated by the Rules of
the Constitutional Court, as approved by the Constitutional Court.
Article 4. Composition and Procedure of
Formation of the Constitutional Court
The Constitutional Court shall consist
of 9 justices, each appointed for a single nine-year term of office.
Every three years, one-third of the Constitutional Court shall be reconstituted.
The Seimas shall appoint an equal number of justices to the Constitutional
Court, also in cases when the composition of the Court is being renewed, from
the candidates presented by the President of the Republic, the Speaker of the
Seimas, and the President of the Supreme Court. The expiration of the justices’
term of office shall be the 3rd Thursday of March of the corresponding year. The
State officials who present candidatures of the Constitutional Court justices in
accordance with the Constitution of the Republic of Lithuania must not later
than 3 months prior to the expiration of justices’ ordinary term of office
present new candidatures of justices to the Seimas. Newly appointed justices of
the Constitutional Court shall take an oath in the Seimas on the last working
day before their term of office commences. In case the new justice was not
appointed on the fixed time, the justice whose term of office has expired shall
act for him until the new justice is appointed and takes an oath.
If the powers of a justice of the Constitutional Court cease ahead of time, a
new justice shall be appointed into the vacant position for the remaining term
of office in accordance with common procedure. In case this justice has held
office up to the period of 6 years, then he may hold another term of office of
the justice of the Constitutional Court upon the expiration of a three-year
interval.
The Seimas shall appoint the President of the Constitutional Court from among
its justices upon the submission by the President of the Republic.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749
(31.07.1996)
Article 5. Candidates for Constitutional
Court Justices
A citizen of the Republic of Lithuania
who has an impeccable reputation, who has higher education in law, and who has
not less than a 10-year work record in the field of law or in a branch of
science and education as a lawyer, may be appointed as a justice of the
Constitutional Court.
Names of candidates to Constitutional Court justices shall be announced through
the press prior to the consideration thereof in the Seimas.
The Seimas Committee on Legal Affairs shall, at a closed sitting, consider the
candidatures for justices of the Constitutional Court and President thereof
submitted to the Seimas, and shall then present its opinion to the Seimas.
Amendments to the Article:
No.
X-1806, 11.11.2008, Valstybės žinios
(Official Gazette),
2008, No. 134-5179 (22.11.2008)
Article 5(1). The Guarantees of
Activities for the Constitutional Court
The Constitutional Court freedom and
independence from other institutions shall be ensured by financial,
material-technical as well as organisational guarantees secured by law.
The Constitutional Court shall be financed from the State budget by ensuring the
possibility to the Constitutional Court to independently and properly perform
the functions of constitutional supervision. The estimate of expenditure shall
be approved by the Constitutional Court which shall also independently dispose
of the funds that are allocated to it.
The buildings and other assets which are used by the Constitutional Court shall
be State property transferred to the Constitutional Court on trust into
possession, use and disposal of. These assets may not be taken over or
transferred to other subjects without the consent of the Constitutional Court.
The Constitutional Court shall also freely and independently implement
informational and organisational procurement for its activities.
Restriction of legal, organisational, financial, informational,
material-technical, and other conditions of Constitutional Court activities
provided by this Law shall be prohibited.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749
(31.07.1996)
CHAPTER II
THE STATUS OF JUSTICES OF THE CONSTITUTIONAL COURT
Article 6. Requirements for the Justice
of the Constitutional Court
A justice of the Constitutional Court
may not hold any other elected or appointed office, may not work in any
business, commercial, or other private establishments or enterprises with the
exception of educational or creative work. Also he may not receive any
remuneration other than the remuneration established for the justice and payment
for educational or creative activities.
A justice of the Constitutional Court may not participate in the activities of
political parties and other political organisations.
A justice of the Constitutional Court may not act as counsel for the defence or
as a representative of any other enterprise, establishment, organisation or
person.
Article 7. The Oath of the Justice of
the Constitutional Court
Before taking office, a person appointed
as a justice of the Constitutional Court shall take an oath in a sitting of the
Seimas. The person taking oath shall have the right to choose one from the texts
of the oath, which are established in Paragraph 2 of this Article:
The following texts of the oath shall be established:
1) “I, (name, surname),
swear to be faithful to the Republic of Lithuania;
swear to honestly and conscientiously discharge the duties of the justice of the
Constitutional Court;
swear to defend the Constitutional order of the independent State of Lithuania
and to protect the supremacy of the Constitution, obeying only the Constitution
of the Republic of Lithuania.
So help me God.”
2) “I, (name, surname),
swear to be faithful to the Republic of Lithuania;
swear to honestly and conscientiously discharge the duties of the justice of the
Constitutional Court;
swear to defend the Constitutional order of the independent State of Lithuania
and to protect the supremacy of the Constitution, obeying only the Constitution
of the Republic of Lithuania.”
The oath shall be administered by the Speaker of the Seimas in a sitting of the
Seimas.
The oath shall be administered in keeping with the rules established in the
procedure of administration of the oath of Members of the Seimas.
The justice of the Constitutional Court who either does not take the oath in the
manner prescribed by law, or who takes a conditional oath, shall lose the powers
of the justice. The Seimas shall adopt a corresponding resolution thereon.
Amendments to the Article:
No. IX-1797, 28.10.2003, Valstybės žinios (Official Gazette), 2003, No. 108-4815
(19.11.2003)
Article 8. Immunity of the Justice of
the Constitutional Court
The person of a Constitutional Court
justice shall be inviolable.
A justice of the Constitutional Court may not be held criminally or
administratively liable, arrested, or have his freedom otherwise restricted
without the consent of the Seimas, save the cases when he is found in the act of
committing a crime (in flagranti). Questions of consent to hold a justice of the
Constitutional Court criminally liable shall be considered only upon the
presentation by the Prosecutor General.
The justice of the Constitutional Court who is detained or delivered to a law
enforcement institution without personal documents must immediately be released
upon establishing his identity.
Entry into the residential or office premises of a justice of the Constitutional
Court, the inspection or search of, or making a seizure in such premises or the
inspection or search of, or making a seizure in personal or service automobiles
or other personal means of transport, the bodily inspection or search of a
justice, and the inspection or seizure of his items or documents shall be
prohibited unless a criminal case has been instituted against the justice of the
Constitutional Court according to the established procedure.
A justice of the Constitutional Court may not be persecuted for his speeches or
voting in the Constitutional Court.
The powers and rights of the Constitutional Court and its justices may not be
limited upon the declaration of war or state of emergency.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749
(31.07.1996)
No.
IX-1797, 28.10.2003, Valstybės žinios
(Official Gazette),
2003, No. 108-4815 (19.11.2003)
No. X-1686, 03.07.2008, Valstybės žinios
(Official Gazette), 2008, No. 81-3187 (17.07.2008)
No.
X-1806, 11.11.2008, Valstybės žinios
(Official Gazette),
2008, No. 134-5179 (22.11.2008)
Article 9. Powers of the Justice of the
Constitutional Court
Justices of the Constitutional Court
shall have equal rights.
A justice of the Constitutional Court shall have the right to participate in
Constitutional Court sittings with the right of decisive vote, to familiarise
himself with all material and documents submitted to the Court sitting, and to
exercise other rights established by this Law.
A justice of the Constitutional Court shall propose issues for consideration at
a Constitutional Court sitting and shall prepare questions assigned to him.
A justice of the Constitutional Court shall have the right to request that all
State institutions and their officials, municipal institutions and their
officials, State and other enterprises, establishments, organisations, and
citizens’ associations submit any documents and information related with the
issue which is being prepared for a Court hearing, as well as to receive the
officials’ explanations on all issues under examination. The justice shall also
have the right to summon and question witnesses and experts, to make use of
consultations of specialists, to commission persons to carry out check-ups, and
to send inquiries.
A justice of the Constitutional Court shall not have the right to publicly
express his opinion concerning the substance of an issue which is either under
consideration or has been adopted for consideration in the Constitutional Court.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749
(31.07.1996)
Article 10. Suspension of the Powers of
the Justice of the Constitutional Court
The powers of a justice of the
Constitutional Court may be suspended on the decision of the Constitutional
Court upon:
1) consent granted according to the procedure established by this Law to hold
the justice of the Constitutional Court criminally liable;
2) a resolution of the Seimas to initiate impeachment proceedings in the Seimas
against the justice of the Constitutional Court after the conclusion of the
special investigation commission;
3) the recognition by an effective court decision that the justice is missing.
Upon suspension of his powers, the justice shall lose the rights established by
Articles 9 and 15 of this Law.
When the grounds for suspension of the powers of a justice of the Constitutional
Court cease to exist, the Constitutional Court shall, within three days, adopt a
decision concerning the restoration of the justice’s powers. If the decision is
not adopted within the stated period, the powers of the justice of the
Constitutional Court shall be considered restored from the day that the justice
actually resumes his duties upon notifying the President of the Constitutional
Court thereof by application.
Amendments to the Article:
No.
X-1806, 11.11.2008, Valstybės žinios
(Official Gazette),
2008, No. 134-5179 (22.11.2008)
Article 11. Termination of the Powers of
the Justice of the Constitutional Court
The powers of a justice of the
Constitutional Court shall cease:
1) upon the expiration of the term of powers;
2) upon his death;
3) upon his resignation;
4) when he is incapable to hold office due to the state of his health, i.e. if
in the course of one year the justice is ill for more than 4 months, or if he
falls ill with a fatal or other lingering disease which precludes him from
discharging the duties of a justice;
5) when the Seimas removes him from office in accordance with the procedure for
impeachment proceedings.
In the case prescribed by Item 3 of this Article, the decision concerning the
termination of the powers of Constitutional Court justices shall be adopted by
the Seimas upon the submission of the Speaker of the Seimas.
In the case prescribed by Item 4 of this Article, the Seimas shall decide the
issue concerning the termination of the powers of the justice only when there is
a corresponding decision of the Constitutional Court and a conclusion of the
medical commission formed by the Minister of Health.
Article 12. Pecuniary Sanctions
Disciplinary actions may not be brought
against a justice of the Constitutional Court. For failure to carry out the
duties established in this Law or for non-attendance of Court sittings without
good reason, a pecuniary penalty entailing the reduction of the justice’s
previous month salary by as much as 50 percent may be imposed on the justice
upon the decision of the Constitutional Court.
Article 13. The President of the
Constitutional Court
In addition to the duties of a justice,
the President of the Constitutional Court shall:
1) direct the work of the Constitutional Court;
2) direct the preparation of issues submitted to the Constitutional Court for
examination;
3) convene and chair sittings of the Constitutional Court;
4) propose issues to be examined by the Constitutional Court;
5) distribute work to justices of the Constitutional Court;
6) submit the structure of the Constitutional Court apparatus to the
Constitutional Court for approval, approve the descriptions and lists of offices
of the public servants of the apparatus of the Constitutional Court;
7) issue orders and ordinances;
8) exercise other powers prescribed by this Law.
In resolving issues related to the work of the apparatus as well as other
internal questions, the President shall issue orders; the President shall
realise the procedural rights granted to him by issuing ordinances.
The President of the Constitutional Court shall manage the funds allocated to
the Constitutional Court.
Amendments to the Article:
No. IX-1797, 28.10.2003, Valstybės žinios (Official Gazette), 2003, No. 108-4815
(19.11.2003)
Article 14. Acting for the President of
the Constitutional Court
In the absence of the President of the
Constitutional Court or when he is unable to fulfil his duties, said duties
shall be temporarily performed by a justice appointed by the President of the
Constitutional Court.
In the absence of the President of the Constitutional Court or the justice
appointed by him to fulfil these duties, the office of President of the
Constitutional Court shall be temporarily held by the justice of the
Constitutional Court with the longest work record in the field of law.
Article 15. The Right of Constitutional
Court Justices to Participate in Sittings of State Institutions
The President and justices of the
Constitutional Court shall have the right to participate in sittings of the
Seimas of the Republic of Lithuania and of its committees and commissions, as
well as in sittings of the Government, the General Meeting of Judges, the
prosecutor’s office, and other legal institutions.
Amendments to the Article:
No.
X-1806, 11.11.2008, Valstybės žinios
(Official Gazette),
2008, No. 134-5179 (22.11.2008)
Article 16. Social and Living Provision
for Justices of the Constitutional Court
The salaries of the President of the
Constitutional Court and justices thereof shall be established by the Republic
of Lithuania Law on Salaries of Judges.
Upon leaving office because of expiration of the term of appointment or
resignation due to pensionary age or health, a justice of the Constitutional
Court shall be paid gratuity on discharge equalling 6 monthly salaries. Upon the
death of a justice of the Constitutional Court, the benefit of the said amount
shall be paid to his or her family. When the powers of a justice of the
Constitutional Court cease on other grounds, he shall be paid a gratuity
equalling 2 monthly salaries. A justice who is dismissed from office according
to the procedure for impeachment proceedings shall not be paid any gratuity upon
discharge
The social insurance guarantees and pensionary provision for Constitutional
Court justices shall be regulated by laws of the Republic of Lithuania.
A justice of the Constitutional Court who does not have living quarters in
Vilnius is entitled to compensation of the rent money for the dwelling place
under procedure established by the Government.
Upon the expiration of his term of office, with the exception of the cases when
a justice of the Constitutional Court is dismissed from office according to the
procedure for impeachment proceedings, the justice must be assigned a job or
office in a State institution, or, when this is not possible, another analogous
job or office.
Amendments to the Article:
No. IX-264, 19.04.2001, Valstybės žinios (Official Gazette), 2001, No. 39-1335
(09.05.2001)
No. IX-443, 10.07.2001, Valstybės žinios (Official Gazette), 2001, No. 64-2328
(25.07.2001)
No. IX-1774, 06.11.2008, Valstybės žinios (Official Gazette), 2008, No. 131-5024
(15.11.2008)
No.
X-1806, 11.11.2008, Valstybės žinios
(Official Gazette),
2008, No. 134-5179 (22.11.2008)
Article 16(1). Vacation of Justices of
the Constitutional Court
Justices of the Constitutional Court
shall be granted an annual 28-calendar day vacation. The annual vacation of the
justices with more than a five-year work record as a judge is prolonged by
adding one calendar day for each consecutive year of their work as a judge,
however, the overall length of the annual vacation may not exceed 56 calendar
days.
In addition to the vacation established in this Law, justices of the
Constitutional Court are entitled to the targeted and unpaid leave as
established in the Labour Code.
The work record of a justice of the Constitutional Court shall include also the
work record as a judge in other courts, as a prosecutor, a deputy prosecutor, an
investigator of the prosecutor’s office, official (investigator) of pre-trial
investigation, a state arbiter, as well as the work record in the state service,
also, the work record of the persons who work in a branch of science and
education as a lawyer.
The Law was supplemented by this
article by:
No.
X-1806, 11.11.2008, Valstybės žinios
(Official Gazette),
2008, No. 134-5179 (22.11.2008)
CHAPTER III
BASIC RULES OF LEGAL PROCEEDINGS IN THE CONSTITUTIONAL COURT
Section 1
General Rules
Article 17. Lawfulness and Independence
of Constitutional Court Activities
While discharging their duties, the
Constitutional Court and its justices shall be independent of any other State
institution, person or organisation, and shall follow only the Constitution of
the Republic of Lithuania.
The Constitutional Court shall obey only the Constitution of the Republic of
Lithuania and laws which are not in conflict with the Constitution.
Interference with the activities of a justice or the Constitutional Court by
institutions of State power and administration, Members of the Seimas and other
officials, political parties, political and public organisations, or citizens
shall be prohibited and shall incur liability provided for by law.
The President or a justice of the Constitutional Court must immediately inform
the Seimas of attempts to influence the Constitutional Court or any of its
justices, and must publicise this through public mass media.
Rallies, pickets, and other actions staged within
75 metres
of the Constitutional Court building or in the Court itself, providing they are
aimed at influencing a justice or the Court, shall be interference with the
activities of the justice or the Court.
Amendments to the Article:
No. I-318, 02.12.1993, Valstybės žinios (Official Gazette), 1993, No. 68-1277
(10.12.1993)
No. IX-1797, 28.10.2003, Valstybės žinios (Official Gazette), 2003, No. 108-4815
(19.11.2003)
Article 18. Publicity of Constitutional
Court Activities
Information concerning judicial hearings
of the Constitutional Court shall be announced on the premises of the
Constitutional Court as well as on the Internet website of the Constitutional
Court and submitted to public mass media.
Constitutional Court hearings shall be open, and may be attended by persons who
are of age as well as by representatives of the press and other public mass
media. Persons who are in the courtroom may make audio recordings, short-hand
records or records of the hearing from their seats.
Taking photographs, filming, and making video recordings or television or radio
broadcasts of hearings shall be permitted only upon the consent of the
Constitutional Court.
The Constitutional Court may announce closed hearings provided that this is
necessary for the safeguarding of a State, professional, commercial or other
secret which is protected by law, or the security of citizens or public morals.
If there are grounds to believe that during a hearing a threat may arise to the
Court or the participants thereof, the President of the Constitutional Court may
commission the police or other State security employees to inspect the documents
and belongings of persons entering the courtroom or to carry out bodily
searches.
The Constitutional Court may remove persons interfering with the normal work of
the Court from the courtroom.
The deliberation and voting of the justices of the Constitutional Court shall
not be public, with the exception of cases provided for by this Law.
The ruling of the Constitutional Court shall always be announced publicly in the
courtroom.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749
(31.07.1996)
No. IX-1797, 28.10.2003, Valstybės žinios (Official Gazette), 2003, No. 108-4815
(19.11.2003)
Article 19. Collective Activities of the
Constitutional Court
The Constitutional Court shall
collectively investigate cases and adopt rulings, decisions or conclusions
(hereinafter—Constitutional Court acts), provided that not less than two-thirds
of all the justices of the Constitutional Court are participating.
In approving or amending the Rules of the Constitutional Court, or in resolving
other internal issues, Constitutional Court sittings shall be legitimate
provided that at least half of all the justices participate therein.
Decisions shall be passed by majority vote of at least half of the justices
participating in the sitting. In the case of a tie, the vote of the Chairman of
the sitting shall be decisive.
Amendments to the Article:
No. IX-1797, 28.10.2003, Valstybės žinios (Official Gazette), 2003, No. 108-4815
(19.11.2003)
Article 20. The Language of the Court
In the Constitutional Court, legal
proceedings shall be held and decisions shall be adopted and announced in the
Lithuanian language. Documents written in other languages shall be submitted and
announced in their Lithuanian translation, after having been approved by a
notary.
People participating in a hearing who do not know Lithuanian shall be guaranteed
the right to make use of services of an interpreter.
Article 21. Types of Constitutional
Court Sittings
The Constitutional Court shall hold
organisational and procedural sittings as well as judicial hearings. Sittings
shall either be convened by the President of the Constitutional Court or held at
the time set by the Constitutional Court.
The form of organisational and procedural sittings shall be free. In cases as
provided for by this law, judicial hearings may be held in a free form as well.
In Court hearings, concrete cases shall be considered. These hearings shall be
held according to the procedures established by this Law.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749
(31.07.1996)
Article 22. Rulings and Decisions of the
Constitutional Court
The Constitutional Court shall decide
cases in substance by passing rulings. The Constitutional Court shall promulgate
rulings in the name of the Republic of Lithuania. In cases provided by this Law,
the final act of the Constitutional Court shall be called a conclusion.
The Constitutional Court shall adopt decisions on individual questions which
prevent a case from being decided in substance.
The Constitutional Court shall adopt rulings, conclusions, and decisions in the
deliberation room.
The Constitutional Court shall adopt rulings, conclusions, and decisions in the
deliberation room.
Upon consultation and without leaving to the deliberation room, the
Constitutional Court may adopt a decision concerning simple issues as well as
the imposition of penalties during a hearing. When such a decision is adopted,
the Chairman of the hearing shall immediately announce it and it shall be
entered into the minutes of the hearing.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749
(31.07.1996)
Article 23. Organisational Sittings of
the Constitutional Court
Internal questions, issues of material
investigation, and other issues shall be considered and settled in
organisational sittings. The President and justices of the Constitutional Court
shall propose issues for consideration. The Constitutional Court shall establish
the agenda and schedule of sittings.
If necessary, scientists, specialists, and other persons shall be invited to
organisational sittings.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749
(31.07.1996)
Article 24. Preliminary Investigation of
Material
Issues presented to the Constitutional
Court for consideration must be investigated preliminary. The President of the
Constitutional Court shall charge one or several justices to perform this upon
setting the term for this work.
The President of the Constitutional Court shall evenly distribute the
preparatory work to justices.
A justice, upon beginning the investigation of the material which is given to
him, shall:
1) ascertain that the grounds established in Articles 69 and 80 of this Law for
refusal to examine the petition or inquiry are not present;
2) ascertain that the grounds established in Articles 70 and 81 of this Law for
the return of the petition or inquiry to the petitioner are not present;
3) establish which issues must be clarified before the case is prepared for the
hearing.
Article 25. Report of the Results of the
Preliminary Investigation
Upon the carrying out of the preliminary
investigation and necessary preparatory actions, a justice shall draw up a note
with proposals and shall report it to:
1) the President of the Constitutional Court, in proposing to accept the
petition or inquiry and begin the preparation of the case for a Constitutional
Court hearing according to the procedure established in Article 27 of this Law
if the petition or inquiry is within the jurisdiction of the Constitutional
Court and is in compliance with other requirements of this Law;
2) the President of the Constitutional Court, in proposing to return the
petition or inquiry to the petitioner if the material conforms to the conditions
specified in Articles 70 and 81 of this Law;
3) the procedural sitting of the Constitutional Court, in proposing to adopt a
decision to refuse to examine the petition or inquiry if the material conforms
to the conditions specified in Articles 69 and 80 of this Law.
In settling the issues provided in Items 1 and 2 of the First Paragraph of this
Article, the President of the Constitutional Court shall adopt ordinances. If,
due to the aforementioned issues, disagreements arise between a justice and the
President of the Constitutional Court, such issues shall be referred to the
procedural sitting of the Constitutional Court for the consideration and
decision.
Article 26. Suspension of Validity of
Acts of the President of the Republic, the Seimas or the Government
In cases when the Constitutional Court
receives submission by the President of the Republic to investigate whether an
act of the Government is in compliance with the Constitution and the laws, or
when it receives a resolution of the Seimas wherein it is requested to
investigate whether a law of the Republic of Lithuania or other act adopted by
the Seimas is in compliance with the Constitution, whether a decree of the
President of the Republic, an act of the Government is in compliance with the
Constitution and laws, the preliminary investigation of that material must be
carried out within 3 days, and the issue of whether to accept the petition for
consideration in the Constitutional Court must be settled during its
organisational sitting.
If the Constitutional Court adopts a decision to accept a petition for
consideration, the President of the Constitutional Court shall immediately give
an official announcement about it in the official gazette “Valstybės žinios”
(“The News of the State”) as well as on the Internet website of the
Constitutional Court. In this announcement, the President must state the exact
title of the impugned act, the date of its adoption, and that, in accordance
with Article 106 of the Constitution of the Republic of Lithuania, the validity
of the aforementioned act is suspended from the day of its official announcement
until the ruling of the Constitution Court concerning this case is published.
In cases when the Constitutional Court, having considered a case, adopts a
ruling that the impugned act is not in conflict with the Constitution, the
President of the Constitutional Court shall immediately make an official
announcement about it under procedure established in the Second Paragraph of
this Article. In this announcement, the President of the Constitutional Court
shall state the exact title of the impugned act, the date of its adoption, the
substance of the ruling of the Constitutional Court concerning this issue, the
date of its adoption, and that the validity of the suspended act shall be
restored from the day that this ruling is published.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749
(31.07.1996)
No. VIII-765, 04.06.1998, Valstybės žinios (Official Gazette), 1998, No.
55-1519, (17.06.1998)
No. IX-1797, 28.10.2003, Valstybės žinios (Official Gazette), 2003, No. 108-4815
(19.11.2003)
Article 27. Preparation of Cases for
Constitutional Court Hearings
A case shall be prepared for a
Constitutional Court hearing by a justice of the Constitutional Court appointed
by the President. Normally, this justice shall be the one who has carried out
the preliminary investigation of the appropriate material.
The justice shall conduct the following activities:
1) in necessary cases, interrogate the petitioner or the petitioner’s
representative about the substance of the demands, hear his arguments, and
propose, if necessary, that additional evidence be presented;
2) in necessary cases, interrogate the party concerned or his representative
about the circumstances of the case, ascertain his counter-arguments and
available evidence, and, if necessary, propose that explanations concerning the
case be presented in writing;
3) interrogate witnesses and decide whether or not to summon them to the Court;
4) request and obtain documentary and material evidence and other necessary
material from State institutions, other organizations and persons;
5) commission an expert examination, and summon and interrogate specialists who
are impartial to the results of the case;
6) asks the parties to the case for an opinion regarding the consideration of
the case under written procedure;
7) carry out other actions which are necessary for the preparation of the case
for the judicial consideration.
The case material—copies of the petition to verify the compliance of a legal act
with the Constitution or laws, copies of legal acts under examination, copies of
other received documents—must be sent to the parties to the case within 3 days
of the beginning of the preparation of the case for the judicial hearing.
The justice, having carried out preparatory acts and considering the case to be
adequately prepared, shall propose, during a procedural sitting of the
Constitutional Court, to adopt a decision to assign the case for consideration
in a Court hearing.
Amendments to the Article:
No. XI-1783, 06.12.2011, Valstybės žinios (Official Gazette), 2011, No. 154-7262
Article 28. Procedural Sittings of the
Constitutional Court
The following issues shall be considered
in procedural sittings of the Constitutional Court: issues concerning the
acceptance of petitions provided in Article 26 of this Law; all cases of the
refusal to consider a petition or inquiry; issues concerning the preparation of
cases for consideration; and other issues of preparation for a judicial hearing.
Having heard the report of the justice and having discussed the issue of the
preparation of the case for the judicial hearing, the Constitutional Court shall
pass one of the following decisions:
1) to assign the case for consideration in a Court hearing and appoint the
justice-rapporteur;
2) to return the case for additional investigation;
3) to refuse to consider the case according to the procedure established in
Articles 69 and 80 of this Law.
Minutes shall be taken during procedural sittings of the Constitutional Court.
Upon the invitation of the President of the Constitutional Court, scientists,
specialists, and other required persons may participate in procedural sittings.
With permission of the Chairman of the sitting, said persons may speak on the
issue.
Article 29. Terms of the Consideration
of Applications in the Constitutional Court
Upon receiving an application—a petition
or inquiry—which is within the jurisdiction of the Constitutional Court and
which is presented according to the procedure established by this Law, the
Constitutional Court must begin investigation within 7 days, i.e. commission a
concrete justice of the Constitutional Court to start the preliminary
investigation.
The consideration of the case must be finished and the final ruling or
conclusion passed within 4 months of the day the petition or inquiry is received
by the Constitutional Court unless otherwise established by the Constitutional
Court. The Constitutional Court may not prolong the 4-month term established in
this Paragraph when it considers a case regarding the compliance with the
Constitution of a law or other legal act that regulates the taking over of the
land for the needs of society in the course of implementation of the projects of
special importance for the state.
Amendments to the Article:
No. XI-1311, 12.04.2011, Valstybės žinios (Official Gazette), 2011, Nr. 49 -2366
(28.04.2011)
Article 30. Limits of Judicial
Consideration of the Constitutional Court
The Constitutional Court shall
investigate and decide only legal issues.
Article 31. Parties to the Case
The following persons shall be
considered parties to the case:
the petitioner—the State institution, the group of Members of the Seimas who are
granted by law the right to apply to the Constitutional Court with a petition to
investigate the compliance of a legal act with the Constitution or laws or to
present a conclusion, and their representatives;
the party concerned—the State institution which has adopted the legal act whose
compliance with the Constitution and laws is under investigation and its
representative; the Member of the Seimas or other State official, the compliance
of whose actions with the Constitution must be investigated due to impeachment
proceedings which have been instituted against them in the Seimas and his
representative; the President of the Republic, when a conclusion is presented
concerning his state of health and his representative.
The parties to the case shall have equal procedural rights. They shall have the
right to get familiar with the material of the case, make extractions,
duplicates, and copies from it, declare removals, provide evidence, participate
in the investigation of evidence, give questions to other parties to the case,
as well as to witnesses and experts, make requests, give explanations, provide
their own arguments and reasoning, object to requests, arguments and reasoning
of other persons participating in the case.
Article 32. Representation at the
Constitutional Court
Parties to the case may conduct their
cases in the Constitutional Court either personally or through their
representatives. Participation of the party in the case does not deny its right
to have its representatives in the case.
Heads of corresponding State institutions who act according to the authorisation
granted by the law shall be held legitimate representatives. They shall present
documents to the Constitutional Court which confirm their post. A Member or
Members of the Seimas who represent a group of Members of the Seimas and who
were specified in the request of all applying Members of the Seimas providing
their signatures are approved by the Speaker of the Seimas or his Deputy shall
also be held legitimate representatives. The court which applied to the
Constitutional Court shall be represented by the judge (or the Chairman of the
College of Judges) that has passed the ruling.
Authorised representatives of the parties to the case in the Constitutional
Court may (by order) be advocates, lawyers possessing academic degrees in law,
and also persons having experience of legal work in higher State institutions.
An advocate’s powers of attorney shall be approved by the warrant of an
advocate. All other aforesaid persons shall be issued the powers of attorney by
the heads of the institutions which they represent or the legitimate
representative of the group of Members of the Seimas. The head of the
institution may also commission another specialist of that institution for the
representation of his institution by issuing that person the powers of attorney.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749
(31.07.1996)
Article 33. Participants to the
Proceedings
In this Law, participants to the
proceedings shall be considered parties to the case, their representatives,
witnesses, experts, invited specialists and interpreters.
Article 34. Evidence
Any factual data shall be admitted as
evidence on the basis of which the Constitutional Court holds that there are
circumstances which justify the requests or retorts of the parties to the case
or that there are no such circumstances.
These data shall be established on the basis of explanations of the parties to
the case, testimony of witnesses, written evidence, exhibits and conclusions of
experts.
Each party to the case must prove the circumstances on the basis of which they
make their requests and retorts.
Parties to the case shall present evidence. The Court may propose that they
present additional evidence.
The Court shall accept only that evidence for investigation which confirms
circumstances that are of importance to the case.
It shall be not required to prove the circumstances which are recognised by the
Constitutional Court to be publicly known.
Facts which were established by a ruling of the Constitutional Court in one case
shall not be proved again in the consideration of other cases.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749
(31.07.1996)
Article 35. Assessment of Evidence
Evidence presented to the Constitutional
Court shall have no obligatory force in advance.
The Court shall assess evidence in accordance with the inner conviction of
justices which shall be based on the detailed, comprehensive and objective
investigation of the whole complex of the circumstances of the case in the Court
hearing and in observance of the laws.
Article 36. The Witness
Any person who may know some
circumstances related to the case may be a witness.
A person summoned to be a witness must appear before the Court or the justice
and must give truthful testimony.
For failure to appear before the justice or in the Court hearing due to reasons
which are recognised as unimportant by the Court, a penalty may be imposed on
the witness; if the witness fails to appear in the hearing without a valid
reason for a second time, he may be brought by force by the police.
For the refusal or avoidance of testimony, or for knowingly false testimony, the
witness shall be liable in accordance with criminal laws. Witnesses shall be
warned about their liability in the Constitutional Court hearing and shall sign
on.
Expenses related to the appearance of witnesses before the justice and their
participation in Constitutional Court hearings shall be covered from the funds
assigned to the Constitutional Court for those purposes.
Article 37. The Expert
A person having the required knowledge
to present a conclusion may be appointed as an expert. If necessary, several
experts may be appointed.
The justice who prepares the case for investigation shall have the right to ask
questions to which the expert’s conclusion must be provided, while each party to
the case shall have such a right during the hearing. These questions shall be
finally determined by the Court.
Upon the summons of the Court or a justice, a person appointed as expert must be
in attendance and present an objective conclusion on the questions posed.
The expert shall have the right to get familiar with the case material, to
participate in the case investigation, to give questions to witnesses and
parties to the case, and to ask for additional material.
A penalty may be imposed on an expert for failure to attend upon the summons of
the Court or a justice or for an unjustified refusal to present a conclusion.
The expert shall be liable in accordance with criminal laws for presenting a
conclusion which is knowingly false. The expert shall be warned of this and
shall sign on.
The expert shall be compensated for his work if the work is not obligatory to
him by virtue of his office, as well as for other expenses incurred for
participation in the hearing of the Constitutional Court from the funds assigned
to the Constitutional Court for these purposes.
Article 38. Conclusion of the Expert
A conclusion of the expert shall be
presented in writing and shall be set forth in the expert examination act which
states the conducted investigations, the conclusions made on their basis, and
the reasoned answers to the questions posed by the Court.
If there are several experts, they shall deliberate among themselves before
providing a conclusion. If the experts reach the common conclusion, it shall be
signed by all of the experts. Experts who do not agree with other experts shall
draw up their own conclusion.
A conclusion of the expert shall have no obligatory force in advance.
Article 39. Compensation of Expenses
Incurred by Parties to the Case
Expenses of the parties to the case
related to attendance and participation in legal proceedings of the
Constitutional Court shall be compensated by the institutions which they
represent.
Article 40. The Right of the
Constitutional Court to Impose Penalties
The Constitutional Court shall have the
right to impose penalties when:
1) officials and persons, at the set time and without valid reasons, fail to
fulfil the requirements of the Constitutional Court or its justice to present
documents or material, to confirm documents or texts of acts, or to conduct
investigations;
2) without valid reasons, a witness or expert fails to attend, refuses to
attend, or does not inform of their failure to appear before the Constitutional
Court or a justice;
3) an expert, without valid reasons, refuses to present a conclusion;
4) a person participating in the proceedings, after being reprimanded once,
speaks out of turn or insults participants of the Court hearing again;
5) a person who is in the courtroom violates order or does not listen to the
demands of the Chairman of the hearing to maintain order.
The Constitutional Court shall have the right to impose a penalty on citizens
and representatives of the parties to the case equalling up to one latest
notified average monthly salary (hereinafter referred to as AMS), and on
officials—up to four AMS’s for each case of violation.
When violations stated in the First Paragraph of this Article are committed
during a hearing, the decision of the Constitutional Court concerning the
imposition of a penalty shall be adopted immediately during the hearing. In
other cases, the decision concerning the imposition of a penalty shall be
adopted after the investigation. In all cases, the decision of the
Constitutional Court concerning the imposition of a penalty shall be entered
into the minutes of the hearing where the name, surname, working place and
address of the violator shall be stated.
The decision of the Constitutional Court concerning the imposition of a penalty
(extract from the minutes of the hearing) shall be sent to the bailiff for
execution.
Amendments to the Article:
No. IX-183, 20.02.2001, Valstybės žinios (Official Gazette), 2001, No. 21-691,
09.03.2001
Article 41. Separation and joining of
petitions
Until the beginning of the judicial
consideration, a petition received at the Constitutional Court may be separated
into separate cases, provided the petitioner is requesting to investigate the
compliance of several legal acts or several provisions with the Constitution or
laws. Upon establishing that there are two or more petitions requesting to
investigate the compliance of the same legal act or related legal acts with the
Constitution or laws, the Constitutional Court may join them into one case
before beginning the judicial consideration. In these cases the Constitutional
Court shall adopt reasoned decisions.
Amendments to the Article:
No. XI-1783, 06.12.2011, Valstybės žinios (Official Gazette), 2011, No. 154-7262
Article 42. Summonses of the
Constitutional Court
Parties to the case and their
representatives shall be informed by summonses of the Court of the time of the
hearing of the Constitutional Court and the time and place of performance of
separate procedural actions. Witnesses, experts and interpreters shall be
summoned to the Court by Court summonses as well. Consequences for failure to
appear before the Court shall be stated in the summons.
Summonses shall be delivered through messengers or by mail. The time when the
addressee is presented with the summons shall be stated in the delivered summons
and in the part of the summons returned to the Court which shall contain the
signature confirming the delivery of the summons.
Summons to appear in a Court hearing for parties to the case must be delivered
not later than 7 days before the beginning of the hearing.
Article 43. Announcements About Hearings
Announcements about a hearing must be
presented to justices of the Constitutional Court not later than 7 days before
the beginning of the hearing. Duplicates of the material of the case under
consideration shall be delivered to the justices upon the commencement of the
preliminary investigation of the material.
Section 2
Judicial Consideration
Article 44. Judicial Hearing
A case shall be investigated in a
Constitutional Court hearing only once the parties to the case have been
notified of this.
Absence of the parties and their representatives in a Court hearing shall not be
an obstacle for consideration of the case, passing a ruling or conclusion, and
adopting other decisions.
While considering a case under oral procedure, the Constitutional Court must
directly investigate evidence: it must listen to the explanations of the parties
to the case, the explanations of specialists, the testimony of witnesses, and
the conclusions of experts, familiarise with the written evidence and inspect
other evidence, whereas while considering a case under written
procedure—investigate the written explanations of the parties to the case, the
explanations of specialists, the conclusions of experts, and other written
evidence.
Only parties to the case, their representatives, witnesses, experts, and invited
specialists or officials may speak in the Court on the issue.
In cases when no party or their representatives who have been summoned come to
the Court hearing, the judicial hearing shall be held in a free form.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749
(31.07.1996)
No. XI-1783, 06.12.2011, Valstybės žinios (Official Gazette), 2011, No. 154-7262
Article 45. The Chairman of a Judicial
Hearing
A judicial hearing shall be presided
over by the President of the Constitutional Court; in his absence, a hearing
shall be presided over by the justice who is temporarily acting for President of
the Constitutional Court, and if they are also absent—by a justice selected by
the Constitutional Court other than the justice-rapporteur.
The Chairman of the hearing shall conduct the hearing and take measures to fully
and impartially investigate the circumstances of the case; shall exclude
everything which is irrelevant to the case from the proceedings; shall interrupt
the participants to the proceedings if they speak about matters which are
irrelevant to the case under consideration or which are not within the
jurisdiction of the Constitutional Court; and shall deprive speakers of speech
when they start speaking in an arbitrary manner, when they do not fulfil the
requirements of the Chairman of the Court hearing, when they speak in a rude or
insulting manner, or when they show disrespect for the Constitution or
constitutional order of the State.
The Chairman of the Court hearing shall have the right to require anyone who
violates order or disobeys his demands to leave the courtroom. A party to the
case who ignores a reprimand of the Chairman of the Court hearing may be removed
from the courtroom by Court decision.
The Chairman of the Court hearing shall warn the persons present in the
courtroom that if their conduct interferes with the Court hearing, upon repeated
violation of order, they may be removed from the courtroom.
The Chairman of the Court hearing shall announce a recess when it is necessary
to take a rest, when parties to the case must get ready for the final speech, at
the end of working hours, when normal work is obstructed, and in other cases.
Article 46. Procedure for the Judicial
Hearing
The persons present in the courtroom
must keep order and respect the Court, and must, without objection, obey the
demands of the Chairman of the hearing to maintain order.
Minors, if they are not witnesses, shall not be admitted into the courtroom.
When the justices enter or leave the courtroom, and when the ruling or
conclusion of the Constitutional Court is being promulgated, the persons present
in the courtroom shall rise. All participants to the proceedings shall stand
while addressing the Court, speaking, and giving their testimony and
explanations. The Court shall be addressed with the words “High Court” or
“Honourable Court”.
During hearings of the Constitutional Court, order shall be kept by the Court
clerk. Demands of the clerk to keep order or to fulfil the instructions of the
Chairman of the hearing shall be obligatory to all participants to the
proceedings.
If, during the Court hearing, the persons participating in it violate order,
disobey demands of the Chairman of the Court hearing to keep order, or violate
other rules adopted by the Constitutional Court, they may be removed from the
courtroom or be held liable under law.
Article 47. The Preparatory Stage of the
Judicial Hearing
At the set time, the Chairman of the
Court hearing shall announce the commencement of the hearing of the
Constitutional Court as well as which case shall be considered.
The secretary of the Constitutional Court hearing shall announce which of the
summoned persons are present as well as the reasons for which the other persons
have failed to appear.
The Court shall identify the persons who are present, and shall verify the
powers of attorney of the officials and representatives. If anyone from the
parties to the case fails to appear or if a representative does not have due
power, the Constitutional Court shall decide whether or not it is possible to
begin the consideration of the case.
The Chairman of the hearing shall explain the parties to the case and experts
about their rights and duties, and explain other summoned persons about their
duties and liability.
Requests of the parties to the case shall be heard and decided by the Court.
Article 48. Self-removal or Removal of
the Justice of the Constitutional Court
A justice of the Constitutional Court
may remove himself or be removed from the consideration of a case if:
1) he is a relative of one of the parties to the case and if inquiries of a
personal nature are considered;
2) he has publicly declared how the case under consideration should be decided
in the Court;
3) if there are other circumstances which would raise reasonable doubts as for
the impartiality of the justice.
If circumstances specified in the First Paragraph of this Article are present,
the justice must announce them in writing prior to the commencement of the
consideration, and must ask the Constitutional Court to decide the issue of his
removal. On the same grounds and according to the same procedure, the parties to
the case may also declare a justified removal.
If a removal has been declared, the Constitutional Court must hear the opinions
of the parties to the case. The Court shall decide issues of self-removal or
removal in the deliberation room.
Amendments to the Article:
No.
X-1224, 26.06.2007, Valstybės žinios
(Official Gazette),
2007, No. 77-3056 (12.07.2007)
Article 49. Postponement of the
Consideration of a Case
The consideration of a case may be
postponed upon the decision of the Constitutional Court if:
1) the issue has not been adequately prepared and additional investigation is
necessary;
2) it is necessary to obtain new evidence;
3) other important reasons turn up.
In postponing the consideration of a case, the Constitutional Court may set
another date for the hearing and announce that persons present sign for this.
In postponing the consideration of a case commenced, the Court may question
witnesses who are present and who will normally no longer be summoned.
Having renewed the consideration of a case postponed, the Court shall decide
whether to start the consideration anew or to resume the consideration from the
place in the legal process where the case consideration was suspended.
Article 50. Investigation of Evidence
The consideration of a case in substance shall begin with a speech by the justice-rapporteur, in which the
substance of the
case, the cause and grounds of its consideration, and the content and other
necessary data shall be set forth. The Constitutional Court justices may give
questions to the justice-rapporteur.
After this, the explanations of the parties to the case shall be heard,
beginning with that of the petitioner. These persons shall have the right to ask
each other questions and to voice their opinion on each other’s statement or
request. The Constitutional Court justices may also ask them questions. The
Chairman of the hearing shall read aloud the written explanations of the parties
to the case who did not appear in the Court hearing.
Prior to the questioning of witnesses, the Chairman of the hearing shall
establish their identity and shall warn them of their liability upon signing for
refusal or avoidance of giving testimony as well as for testimony which they
know is false.
A witness may be asked questions after giving testimony. The written testimony
of witnesses shall be read aloud at the Court hearing.
Written evidence or the records of their examination shall be read aloud at the
Court hearing and shall be given to the parties to the case so that they can
familiarise themselves with them, and who thereafter shall be able to give their
explanations.
Exhibits shall be examined by the Court; they shall also be shown to the parties
to the case, and, as necessary, to experts and witnesses. Parties to the case
may give explanations relative to the exhibits.
The expert examination act shall be read aloud at the Court hearing. The expert
may be asked questions. As necessary, the Court may set an additional or
repeated expert examination.
The specialists who have been summoned to the hearing shall present their
explanations as regards the questions that were raised to them and set forth
their arguments. The specialists may be asked questions.
Upon examining all of the evidence, the Chairman of the hearing shall ask the
parties to the case if they want to supplement the case material. The Court
shall settle requests by adopting decisions concerning them. When the requests
have been settled or when there are no requests, the Chairman of the hearing
shall announce the completion of the investigation of evidence.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749
(31.07.1996)
Article 51. Court Pleadings
Court pleadings shall consist of the
speeches of the parties to the case.
During court pleadings, the petitioner and his representative shall speak first,
followed by the party concerned and his representative.
After that, the parties to the case may speak for a second time concerning the
previous pleadings. The right to the final statement shall always belong to the
party concerned and his representative.
If the Constitutional Court acknowledges, in the course of the court pleadings,
that new circumstances which are important to the case must be elucidated or new
evidence must be investigated, it shall adopt a decision for the renewal of the
investigation of evidence. Upon completing the investigation of the evidence,
the Court shall hear the court pleadings again according to the common
procedure.
Article 52. Taking of Minutes
Minutes shall be taken for each Court
hearing, as well as for each separate procedural action which is performed
outside of the Court hearing. Minutes shall be taken by the secretary of the
Court hearing.
Minutes of Constitutional Court hearings shall specify:
the place and the date of the hearing and as well as the time of its
commencement and conclusion;
the name, surname and office of the Chairman of the hearing; the names and
surnames of the participating justices and the secretary of the hearing;
the issue under consideration;
data relative to the parties to the case;
the witnesses and experts participating in the case;
other officials present at the hearing;
the consecutive order and the results of the actions of the Constitutional
Court;
the decisions of the Constitutional Court;
the explanations and statements of the parties to the case;
records of warnings issued to witnesses and experts concerning their liability;
the testimony of witnesses and experts;
the questions put to parties to the case, witnesses and experts as well as their
responses;
data concerning the examination of documents and other evidence;
the content of pleadings;
the facts which parties to the case request to be entered in the minutes;
violations of procedure as well as other facts concerning contempt for the
Constitutional Court, reprimands, penalties and other procedural measures;
that the ruling or other decision has been read aloud.
The course and speeches of the Constitutional Court hearing must be reflected in
the minutes as accurately and comprehensibly as possible. The testimony of
witnesses and conclusions of experts or explanations of other participants to
the proceedings shall be recorded on a separate sheet and shall be signed by
them as well as attached to the minutes as their constituent part. The witness
who has been questioned orally may also present his testimony in writing. It
shall be attached to the minutes. It shall be attached to the minutes.
Audio and video recordings made by the Constitutional Court during a hearing
shall be attached to the minutes and the existence thereof shall be specified
therein.
The minutes must be completed within 2 days of the completion or suspension of
the hearing. A printed version of the minutes shall be signed by the President
of the Constitutional Court and by the secretary of the hearing.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749
(31.07.1996)
Article 53. Confidentiality of
Deliberations of the Constitutional Court
Constitutional Court justices who have
participated in court pleadings shall retire to the deliberation room to make a
ruling. The Chairman of the hearing shall announce this to the persons present
in the courtroom.
During the deliberation and passing of a ruling or drawing a conclusion, only
Constitutional Court justices may be present in the deliberation room. The
Chairman of the hearing shall chair the deliberation of the justices,
guaranteeing them the opportunity to express their opinion freely and without
hindrance; in seeking a thorough and exhaustive deliberation, he shall organise
voting as well as the recording and drawing up of the decision. Upon the
conclusion of deliberation, the Constitutional Court may invite the Court
servant to the deliberation room so that he would record the ruling or
conclusion of the Constitutional Court, which is dictated to him.
Neither the Constitutional Court justices nor the servant who participated in
the hearing shall have the right to announce the opinions voiced in the
deliberation room or how the justices voted. Expression of a dissenting opinion
shall not be considered as the announcement of the opinion.
Amendments to the Article:
No.
X-1806, 11.11.2008, Valstybės žinios
(Official Gazette),
2008, No. 134-5179 (22.11.2008)
Article 53(1). Consideration of the case
under written procedure
Having established that there is enough
data to consider a case under written procedure, a justice of the Constitutional
Court who prepares the case for the judicial hearing shall propose in a
procedural sitting of the Constitutional Court to adopt a decision to assign the
case for consideration under written procedure.
By a reasoned decision of the Constitutional Court a case may be considered
under written procedure provided that until the adoption of this decision the
parties to the case do not submit a written request to investigate the case in a
public hearing of the Constitutional Court under oral procedure.
The parties to the case must be informed about the Constitutional Court decision
to assign the case for consideration under written procedure by a sent duplicate
of the decision not later than 14 calendar days before the beginning of the
judicial hearing.
During the consideration of the case under written procedure, the participants
of the proceedings shall not be invited to the judicial hearing and shall not
participate in it, and the hearing shall be held in a free form. The rights and
duties established in this law shall be implemented by the participants of the
proceedings in writing until the beginning of the judicial hearing.
While considering a case under written procedure, upon assessment of the
material of the case, the Constitutional Court may adopt a decision to assign
the case for consideration under oral procedure.
Amendments to the Article:
No. XI-1783, 06.12.2011, Valstybės žinios (Official Gazette), 2011, No. 154-7262
Article 54. Issues Settled in the Course
of the Adoption of a Ruling
In adopting a ruling, the Court shall
weigh the evidence and state which preponderant circumstances have been
established and which have not been established, which norm of the Constitution
or of the law must be applied in the case at issue, and whether the petition is
to be granted.
The Court shall base its ruling only on the evidence which was investigated
during the Court hearing.
The Court shall, upon deciding in deliberation that new circumstances must be
elucidated or new evidence must be investigated, pass a decision to renew the
consideration of the case and shall determine which additional procedural
actions must be performed.
Article 55. Procedure for Adopting a
Constitutional Court Ruling
The ruling of the Constitutional Court
concerning the case shall be made in the deliberation room. The ruling must be
passed within 1 month of the completion of the investigation of the case.
Rulings shall be made by majority vote. In the event of a tie, the vote of the
Chairman of the hearing shall be decisive. Justices shall not have the right to
refuse to vote or to abstain from voting.
The adopted ruling shall be set forth in writing and signed by all the
participating justices.
The discussion of amendments to the ruling must be put in writing prior to the
signing by justices.
A justice of the Constitutional Court, who disagrees with an act adopted by the
Court, shall have the right to set forth in writing his reasoned dissenting
opinion within three working days of the announcement of the corresponding act
in the courtroom. The dissenting opinion of the justice shall be attached to the
case and the parties participating in the case and mass media shall be informed
about this fact. The procedure for familiarising with the dissenting opinion of
a justice shall be established in the Rules of the Constitutional Court.
Amendments to the Article:
No.
X-1806, 11.11.2008, Valstybės žinios
(Official Gazette),
2008, No. 134-5179 (22.11.2008)
Article 56. The Content of
Constitutional Court Rulings
The ruling of the Constitutional Court
on a case shall be drawn up as a separate document.
It shall state:
the title, date and place of adoption of the ruling;
the composition of the Constitutional Court;
the secretary of the hearing;
the parties to the case and their representatives;
the issue under consideration and its grounds;
the articles of the Constitution and this Law which establish the right of the
Constitutional Court to consider the issue;
the request set forth in the application;
the full title of the legal act whose compliance with the Constitution was
examined as well as the source wherein it was published and from where it was
received;
the actions or a decision of a Member of the Seimas or State official the
compliance of which with the Constitution was examined;
the circumstances established by the Constitutional Court;
the arguments and evidence upon which the ruling of the Constitutional Court is
based, and, if necessary, the arguments refuting other opinions;
the norm of the Constitution which the Constitutional Court has followed in
assessing the compliance of an act or action with the Constitution;
the substantive provisions;
the indication that the ruling is final and not subject to appeal.
Article 57. Announcement of
Constitutional Court Rulings in Court
Having adopted a ruling, the
Constitutional Court shall return to the courtroom and the Chairman of the
hearing shall announce the Court ruling.
All present in the courtroom, with the exception of the justices of the
Constitutional Court, shall stand to hear the ruling.
Upon the adoption of the ruling, neither the parties to the case nor other
institutions and persons may raise the issue concerning the conformity of the
investigated legal act with the Constitution or laws in Court again, nor may
they contest the conclusion of the Court or the facts and legal relations
established by the Court.
Article 58. Correction of Rulings
Upon promulgating a ruling, the
Constitutional Court may, on its own initiative or at the request of the parties
to the case, correct inaccuracies or obvious editor's mistakes which are in the
ruling providing they do not change the substance of the ruling. On account of
this, the Constitutional Court shall adopt a corresponding decision which it
shall send and publish pursuant to the procedure established by this Law.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749
(31.07.1996)
Article 59. Constitutional Court Rulings
not Subject to Appeal
Rulings of the Constitutional Court
shall be final and not subject to appeal.
Article 60. Sending of Constitutional
Court Rulings
A Constitutional Court ruling, within 2
days of its adoption, shall be sent to:
the justices of the Constitutional Court;
the parties to the case;
the Seimas, the President of the Republic, the Government;
the President of the Supreme Court, the Prosecutor General, and the Minister of
Justice.
The President of the Constitutional Court may order that a Constitutional Court
ruling be sent to other institutions, officials, or citizens.
Article 61. Construction of
Constitutional Court Rulings
A ruling of the Constitutional Court may
only be officially construed by the Constitutional Court at the request of the
parties to the case, of other institutions or persons to whom it was sent, or on
its own initiative.
Regarding the construction of a Constitutional Court ruling, a judicial hearing
shall be held in a free form. Parties to the case shall be notified about the
date and place of such a hearing. A decision concerning construction of a
Constitutional Court ruling shall be adopted at a Constitutional Court hearing
as a separate document. It shall be sent and published pursuant to the procedure
established by this Law.
The Constitutional Court must construe its ruling without changing its content.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749
(31.07.1996)
Article 62. Review of Constitutional
Court Rulings
Constitutional Court rulings may be
reviewed on its own initiative if:
1) new, essential circumstances turn up which were unknown to the Constitutional
Court at the time when the ruling was passed;
*2) the constitutional norm on which the ruling was based has changed.
In such a case, the Constitutional Court shall adopt a decision and start the
investigation of the case anew.
A decision of the Constitutional Court concerning construction of its ruling may
also be reviewed if the ruling was not construed according to its actual
content.
*Note. To recognise that Item 2
(Valstybės žinios (Official Gazette), 1993, No. 6-120) of Paragraph 1 of Article
62 of the Law on the Constitutional Court of the Republic of Lithuania is in
conflict with Paragraph 2 of Article 5 and Paragraphs 1 and 2 of Article 107 of
the Constitution of the Republic of Lithuania as well as with the constitutional
principle of a state under the rule of law. Ruling of the Constitutional Court
of the Republic of Lithuania,
28.03.2006, Valstybės žinios
(Official Gazette),
2006, No. 36-1292 (31.03.2006)
CHAPTER IV
LEGAL PROCEEDINGS FOR REQUESTS REGARDING THE INVESTIGATION OF THE COMPLIANCE OF
LEGAL ACTS WITH THE CONSTITUTION
Article 63. The Constitutional Court’s
Jurisdiction over Cases Concerning the Compliance of Legal Acts with the
Constitution
The Constitutional Court shall consider
cases concerning:
1) the compliance of laws and other acts of the Seimas with the Constitution of
the Republic of Lithuania;
2) the compliance of the acts of the President of the Republic with the
Constitution and laws;
3) the compliance of the acts of the Government with the Constitution and laws.
While investigating the cases specified in the First Paragraph of this Article,
the Constitutional Court shall investigate the compliance of the entire act as
well as a part thereof with the Constitution or the laws.
Article 64. Grounds and Cause for the
Consideration of Cases Concerning the Compliance of Legal Acts with the
Constitution
The grounds for the consideration of a
case concerning the compliance of a legal act with the Constitution in the
Constitutional Court shall be a legally justified doubt that the entire legal
act or part thereof is in conflict with the Constitution according to:
1) the content of norms;
2) the extent of regulation;
3) form;
4) the procedure of adoption, signing, publication, and entry into effect, which
is established in the Constitution.
The cause for consideration of a case concerning the compliance of a legal act
with the Constitution shall be the procedure established by this Law and the
filing of a petition of the established form with the Constitutional Court.
Article 65. Filing a Petition with the
Constitutional Court for the Investigation of the Compliance of a Legal Act with
the Constitution
The right to file a petition with the
Constitutional Court concerning the compliance of a legal act with the
Constitution shall be vested in:
1) the Government, a group consisting of not less than 1/5 of all Members of the
Seimas, and the courts for cases concerning a law or other act adopted by the
Seimas;
2) a group consisting of not less than 1/5 of all Members of the Seimas and the
courts for cases concerning an act of the President of the Republic;
3) a group consisting of not less than 1/5 of all Members of the Seimas, the
courts, and the President of the Republic concerning an act of the Government.
Article 66. The Content of a Petition
for the Investigation of the Compliance of a Legal Act with the Constitution
A petition for the investigation of the
compliance of a legal act with the Constitution must contain:
1) the addressee—the Constitutional Court;
2) the name and address of the petitioner;
3) data about the representative of the petitioner and his powers of attorney,
with the exception of ex officio representation;
4) the name and address of the State institution which has adopted the impugned
legal act;
5) the norms of the Constitution and this Law which establish the right to apply
with a petition to the Constitutional Court;
6) the precise title of the impugned legal act, its number, the date of its
adoption, and other data which are necessary for identification thereof, as well
as the source of its publication (if it was published);
7) concrete grounds for the consideration of the case with references to the
norms of this Law;
8) the position of the petitioner concerning the compliance of an appropriate
act with the Constitution and legal support of such position containing
references to laws;
9) a formulated petition to the Constitutional Court;
10) the list of attached documents.
The petition shall be signed by the head of the institution which has been
granted the right to apply to the Constitutional Court. The petition of the
Government must be supported by a resolution of the Government which shall be
attached to the submitted documents. A petition of a group of Members of the
Seimas shall be signed by all Members of the Seimas who file the petition, while
specifying, at the same time, their representative (representatives); the
signatures of said Members of the Seimas shall be approved by the signature of
the Speaker of the Seimas or his Deputy.
The following shall be attached to the petition:
1) a duplicate of the whole text of the impugned legal act;
2) power of attorney or other document which confirms the powers of attorney of
the representative, with the exception of cases of ex officio representation;
3) notary approved translations into the Lithuanian language of all documents
and other material which have been drawn up in a language other than Lithuanian.
The list of witnesses and experts who are proposed to be summoned to the hearing
of the Constitutional Court, conclusions of specialists, as well as other
documents and material may be attached to the petition. The circumstances which
each witness may confirm shall be specified next to their surname.
The petition and attachments thereto specified in the Third Paragraph of this
Article shall be submitted to the Constitutional Court along with 30 copies of
the duplicate. When necessary, the President of the Constitutional Court may
charge the petitioner to submit up to 30 duplicates each of other attachments.
Article 67. The Content of Petitions
Filed with the Constitutional Court by the Supreme Court of Lithuania, the Court
of Appeal of Lithuania, and Regional and Local Courts
Provided that there are grounds to
believe that the law or other legal act which should be applied in a concrete
case is in conflict with the Constitution, the court (judge) shall suspend the
consideration of the case and, with regard to the competence of the
Constitutional Court, shall apply to it with a petition to decide whether the
law or other legal act in question is in compliance with the Constitution.
The Supreme Court of Lithuania, the Court of Appeal of Lithuania, and regional
and local courts shall apply to the Constitutional Court by means of a ruling.
The following must be specified in the ruling:
1) the time and place of the adoption of the ruling;
2) the name and address of the court which has adopted the ruling;
3) the composition of the court which has adopted the ruling and the parties to
the case;
4) brief substance of the case and the laws by which the parties to the case
support their demands or rebuttals;
5) legal arguments presenting the opinion of the court on the conflict of a law
or other legal act with the Constitution;
6) a formulated petition of the court to the Constitutional Court.
The following shall be attached to the court ruling:
1) the suspended case;
2) a duplicate of the whole text of the impugned legal act.
30 copies of the court ruling and 30 duplicate copies of the impugned legal act
shall be submitted to the Constitutional Court.
After the investigation of the case, the Constitutional Court shall return the
presented suspended case to the appropriate court.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749
(31.07.1996)
Article 68. Withdrawal of Petitions to
Investigate the Compliance of a Legal Act with the Constitution
Upon the consent of the President of the
Constitutional Court, the institution which has filed a petition to investigate
the compliance of a legal act with the Constitution may withdraw it prior to the
setting of the investigation of said case at a judicial hearing.
Article 69. Refusal of the
Constitutional Court to Consider Petitions for the Investigation of the
Compliance of a Legal Act with the Constitution
By a decision, the Constitutional Court
shall refuse to consider petitions to investigate the compliance of a legal act
with the Constitution, if:
1) the petition was filed by an institution or person who does not have the
right to apply to the Constitutional Court;
2) the consideration of the petition does not fall under the jurisdiction of the
Constitutional Court;
3) the compliance of the legal act with the Constitution specified in the
petition has already been investigated by the Constitutional Court and the
ruling on this issue adopted by the Constitutional Court is still in force;
4) the Constitutional Court has already commenced the investigation of a case
concerning the same issue;
5) the petition is grounded on non-legal reasoning.
In refusing to consider a petition to investigate the compliance of a legal act
with the Constitution, the Constitutional Court shall adopt a justified
decision, the duplicate of which shall be handed or sent to the petitioner.
In the event that the grounds for refusal to consider a petition have been
established after the commencement of the investigation of the case during the
hearing of the Constitutional Court, a decision to dismiss the case shall be
adopted.
The annulment of the impugned legal act shall be grounds to adopt a decision to
dismiss the instituted legal proceedings. If it becomes clear before the
beginning of the judicial hearing, the Constitutional Court shall decide this
question in the deliberation room.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749
(31.07.1996)
Article 70. Returning of a Petition for
the Investigation of the Compliance of a Legal Act with the Constitution to the
Petitioner
In the case that a petition or
attachments thereto fail to comply with the requirements set forth in Articles
66 and 67, the President of the Constitutional Court shall return the petition
to the petitioner on his own initiative or on the initiative of the justice.
The return of a petition shall not take away the right to apply to the
Constitutional Court according to the common procedure after removal of the
deficiencies thereof.
Article 71. Types of Constitutional
Court Rulings in Cases Concerning the Compliance of Legal Acts with the
Constitution
Upon considering a case concerning the
compliance of a legal act with the Constitution, the Constitutional Court shall
adopt one of the following rulings:
1) to recognise that the legal act is not in conflict with the Constitution or
laws;
2) to recognise that the legal act is in conflict with the Constitution or laws.
In the case provided for in Item 2 of the First Paragraph of this Article, it
shall be specified what concrete articles of the Constitution or provisions
thereof or what concrete laws that the legal act is in conflict with.
In cases when one part of a legal act has been recognised to be in compliance
with the Constitution or laws, while the other part thereof has been recognised
to be in conflict with the Constitution or laws, it shall be precisely specified
in the ruling of the Constitutional Court.
Article 72. Consequences of the
Recognition of a Legal Act as Being in Conflict with the Constitution
A law (or part thereof) of the Republic
of Lithuania or other act (or part thereof) of the Seimas, act of the President
of the Republic, act (or part thereof) of the Government may not be applied from
the day of official promulgation of the ruling of the Constitutional Court that
the act in question (or part thereof) is in conflict with the Constitution of
the Republic of Lithuania. The same consequences shall arise when the
Constitutional Court passes a ruling that an act of the President of the
Republic or act (or part thereof) of the Government is in conflict with laws.
Rulings passed by the Constitutional Court shall have the power of law and shall
be binding to all State institutions, courts, all enterprises, establishments,
and organisations as well as officials and citizens.
All State institutions as well as their officials must revoke the sub-statutory
acts or provisions thereof which they have adopted and which are based on an act
which has been recognised as unconstitutional.
Decisions based on legal acts which have been recognised as being in conflict
with the Constitution or laws must not be executed if they had not been executed
prior to the appropriate Constitutional Court ruling went into effect.
The power of the Constitutional Court to recognise a legal act or part thereof
as unconstitutional may not be overruled by a repeated adoption of a like legal
act or part thereof.
CHAPTER V
CONSIDERATION OF INQUIRIES CONCERNING CONCLUSIONS
Article 73. Conclusions Presented by the
Constitutional Court
The Constitutional Court shall present
conclusions:
1) whether there were violations of election laws during elections of the
President of the Republic or elections of members of the Seimas;
2) whether the state of health of the President of the Republic allows him to
continue to hold office;
3) whether international treaties of the Republic of Lithuania are not in
conflict with the Constitution. The conclusion concerning an international
treaty may be requested prior to the ratification thereof in the Seimas;
4) whether concrete actions of Members of the Seimas and State officials against
whom an impeachment case has been instituted are in conflict with the
Constitution.
Article 74. Filing an Inquiry with the
Constitutional Court
The Seimas may request a Constitutional
Court a conclusion on all issues specified in Article 73 of this Law.
The President of the Republic may apply to the Constitutional Court with an
inquiry concerning the election of Members of the Seimas and international
treaties.
Article 75. Cause for the Preparation of
a Conclusion of the Constitutional Court
The cause for the preparation of a
conclusion of the Constitutional Court shall be the procedure established by
this Law and the filing of an inquiry of an established form with the
Constitutional Court.
Article 76. The Content of the Inquiry
The following must be specified in the
inquiry:
1) the addressee—the Constitutional Court;
2) the name and address of the inquirer;
3) the norms of the Constitution and this Law which establish the right to file
an inquiry with the Constitutional Court;
4) the actions whose compliance with the Constitution are proposed to be
verified and the circumstances of their execution; when the inquiry concerns an
international treaty—its exact title, number, date of signing, and other
necessary data as well as the source of publication (if it was published);
5) a formulated petition to the Constitutional Court;
6) the list of attached documents.
An inquiry of the Seimas may be set forth in a resolution. In other cases, a
Seimas resolution on the approval of the inquiry must be attached.
The inquiry shall be signed by the Speaker of the Seimas or his Deputy; the
President of the Republic.
The following must be attached to the inquiry:
1) a duplicate of the whole text of the international treaty;
2) appropriate evidence and duplicates of the officials’ decisions;
3) notary approved translations into the Lithuanian language of documents and
other material which was drawn up in a language other than Lithuanian.
The list of witnesses and experts who are proposed to be invited to the hearing
of the Constitutional Court, conclusions of specialists, a document concerning
the powers of attorney of representatives and their right to speak in the
Constitutional Court on the issue on behalf of the petitioner, as well as other
documents and material may be attached to the inquiry. The circumstances which
each witness may confirm shall be specified next to his surname.
An inquiry and necessary attachments thereto shall be submitted to the
Constitutional Court with 30 duplicate copies. When necessary, the President of
the Constitutional Court may also demand up to 30 duplicate copies each of other
attachments.
Article 77. The Inquiry Concerning a
Violation of the Law on Elections
Institutions specified in Article 74 of
this Law shall apply to the Constitutional Court with inquiries concerning
possible violations of the laws on elections during the elections of the
President of the Republic or the Seimas elections within 3 days of the
publication of the official election results.
The Constitutional Court shall examine and assess only the decisions made by the
Central Electoral Commission or the refusal thereof to examine complaints
concerning the violation of laws on elections in cases when such decisions were
adopted or other deeds were carried out by the said commission after the
termination of voting in the elections of Members of the Seimas or the President
of the Republic.
The inquiry shall be examined within 72 hours of its filing with the
Constitutional Court. The terms specified in this Article shall also include
non-working days.
Amendments to the Article:
No. IX-1797, 28.10.2003, Valstybės žinios (Official Gazette), 2003, No. 108-4815
(19.11.2003)
Article 78. Inquiries Concerning the
State of Health of the President of the Republic
Only the Seimas shall have the right to
submit an inquiry to the Constitutional Court whether the state of health of the
President of the Republic allows him to continue to hold office. The inquiry
must be approved by a resolution adopted under procedure established by the
Statute of the Seimas.
The inquiry or appropriate resolution of the Seimas must be accompanied by a
conclusion of the medical commission which is approved by the Seimas. If
necessary, other evidence describing the state of health shall be attached
thereto.
Amendments to the Article:
No. IX-1797, 28.10.2003, Valstybės žinios (Official Gazette), 2003, No. 108-4815
(19.11.2003)
Article 79. Withdrawal of an Inquiry
An inquiry concerning the presentation
of a conclusion may be withdrawn prior to the commencement of the consideration
at a Constitutional Court hearing by the institution which has filed it.
Article 80. Refusal to Examine an
Inquiry in the Constitutional Court
The Constitutional Court shall refuse to
examine an inquiry concerning the presentation of a conclusion in the following
cases:
1) when the inquiry has been filed by an institution or person who does not have
the right to apply to the Constitutional Court;
2) when the inquiry is grounded on non-legal reasoning;
3) when the consideration of a concrete issue does not fall under the
jurisdiction of the Constitutional Court;
4) in the absence of an action or decision whose compliance with the
Constitution must be verified;
5) when the issue raised in the inquiry, with the exception of cases provided
for in Item 2 of Article 73 of this Law, has already been investigated in the
Constitutional Court and the conclusion adopted by the Constitutional Court
concerning this issue is still in force.
If in the course of the consideration of the inquiry the matter under
consideration ceases to exist, the Constitutional Court shall dismiss the
instituted legal proceedings on the grounds thereof.
Article 81. Returning of the Inquiry to
the Petitioner
The President of the Constitutional
Court, on personal initiative or on the proposal of the justice, shall return an
inquiry to the petitioner if the inquiry or attachments thereto fail to comply
with the requirements set forth in Article 76 of this Law.
Returning of an inquiry shall not take away the right to apply to the
Constitutional Court according to the common procedure once the existing
deficiencies have been removed.
Article 82. Procedure for the
Consideration of Inquiries in the Constitutional Court
Inquiries concerning the compliance of
international treaties of the Republic of Lithuania with the Constitution shall
be considered according to the general rules for the investigation of the
constitutionality of legal acts.
Other inquiries shall be considered at the discretion of the Constitutional
Court in adhering to a simpler procedure. Disputes which arise shall be settled
in accordance with the rules established by this Law.
Article 83. The Conclusion of the
Constitutional Court
Upon the consideration of an inquiry,
the Constitutional Court shall adopt a conclusion.
The conclusion presented by the Constitutional Court shall be final and not
subject to appeal.
CHAPTER VI
FINAL PROVISIONS
Article 84. Publication and Entry into
Force of Acts of the Constitutional Court and Ordinances of the President of the
Constitutional Court
Rulings and conclusions of the
Constitutional Court, as well as other decisions on acceptance of a petition or
inquiry for consideration, decisions on refusal to consider a petition or
inquiry, decisions to dismiss the case (legal proceedings), decisions on
construction of a ruling of the Constitutional Court, ordinances of the
President of the Constitutional Court on the issues pointed out in Items 1 and 2
of Paragraph 1 of Article 25 of this Law shall be officially published in a
separate chapter of the official gazette “Valstybės žinios”.
The acts of the Constitutional Court which are specified in Paragraph 1 of this
Article shall also be published on the Internet website of the Constitutional
Court. If necessary, the Constitutional Court shall publish collections of its
rulings, conclusions and decisions as well as other publications.
Rulings of the Constitutional Court shall become effective on the day that they
are officially published in the official gazette “Valstybės žinios”.
The acts specified in Paragraph 1 of this Article must be published in the
official gazette “Valstybės žinios” within 5 working days of their delivery to
the editorial office of the official gazette “Valstybės žinios”, if the date of
publishing is not established in the acts themselves.
The acts of the Constitutional Court, provided they are not published within the
time length established in Paragraph 4 of this Article, shall become effective
on the day that they are published in a publication of the Constitutional Court.
rdinances of the President of the Constitutional Court on the issues pointed out
in Items 1 and 2 of Paragraph 1 of Article 25 of this Law shall become effective
next day after they are published in the official gazette “Valstybės žinios”, if
the date of their entry into effect is not established in the ordinances
themselves.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749
(31.07.1996)
No. IX-1797, 28.10.2003, Valstybės žinios (Official Gazette), 2003, No. 108-4815
(19.11.2003)
Article 85. Financing of the
Constitutional Court
Taking account of the proposal of the
Constitutional Court, the necessary funds ensuring the activity of the
Constitutional Court shall be yearly provided for in a separate article of the
State Budget.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749
(31.07.1996)
Article 86. The Apparatus of the
Constitutional Court
The Constitutional Court shall have an
apparatus. Its structure and statute shall be approved by the Constitutional
Court. The apparatus of the Constitutional Court shall be headed by the
Chancellor of the Constitutional Court. He shall be subordinate to the President
of the Constitutional Court.
The Chancellor of the Constitutional Court, state servants of the apparatus of
the Constitutional Court as well as other employees are admitted to office under
procedure established by laws.
Amendments to the Article:
No. IX-1797, 28.10.2003, Valstybės žinios (Official Gazette), 2003, No. 108-4815
(19.11.2003)
Article 87. Protection of the
Constitutional Court
The protection of the buildings and
premises of the Constitutional Court, and, upon the instruction of the President
of the Constitutional Court, of the justices of the Constitutional Court, shall
be vested in the Ministry of the Interior.
The Constitutional Court may decide to commission other State specialised
security organisation to organise such protection.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749
(31.07.1996)
Article 88. Symbols of the
Constitutional Court’s Power
In the courtroom of the Constitutional
Court there shall be a picture of the State Coat of Arms of the Republic of
Lithuania, a State flag, and a special edition of the Constitution of the
Republic of Lithuania.
During a hearing, justices of the Constitutional Court shall wear gowns, the
description and sample of which shall be approved by the Constitutional Court.
Until such a sample is approved, approved Supreme Court justice gowns may be
used.
Article 89. The Seal of the
Constitutional Court
The Constitutional Court shall be a
legal person and have a seal with a picture of the State Coat of Arms of the
Republic of Lithuania and the title “The Constitutional Court of the Republic of
Lithuania”.
Article 90. The Seat of the
Constitutional Court
The permanent residence of the
Constitutional Court shall be the city of Vilnius.
Hearings of the Constitutional Court shall be held in its permanent seat.
ALGIRDAS BRAZAUSKAS
Acting President of the Republic of Lithuania
Vilnius, 3 February 1993
No. I-67
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