Official Gazette Valstybės žinios, 2004, No. 38-1237
Official Gazette Valstybės žinios, 2007, No. 100-4082
Official Gazette Valstybės žinios, 2008, No. 139-5513
Official Gazette Valstybės žinios, 2009, No. 34-1303
 

Approved by the
Constitutional Court decision of
5 March 2004
(wording of 18 September 2007,
wording of 26 November 2008,
wording of and 25 March 2009)

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CHAPTER I
GENERAL PROVISIONS

1. The tasks, powers and work procedure of the Constitutional Court (hereinafter also referred to as the Court) are established by the Constitution and the Law on the Constitutional Court.
2. According to Article 3 of the Law on 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.
3. The Rules of the Constitutional Court are approved and amended by the Constitutional Court by a decision, which is adopted by not less than 2/3 majority vote of all justices of the Constitutional Court.

CHAPTER II
ORGANISATION OF WORK AT THE CONSTITUTIONAL COURT

Section I
General Issues of Organisation of Work at the Constitutional Court

4. The working hours of justices of the Constitutional Court are not fixed. If necessary, the justices may work during days off as well.
5. Court sittings take place on working days from 9 o’clock, in case the Constitutional Court or the President of the Constitutional Court does not decide otherwise.
6. In the course of preparation of Constitutional Court sittings some time is given to individual work of justices—preparation of the cases assigned to them for judicial consideration, and familiarisation with the material submitted to consider in a routine Court sitting.
7. As a rule, justices of the Constitutional Court perform educational or creative work not during their work at the Court. In no cases may educational or creative work be performed at the time designed for sittings of the Court.
8. The activity of a justice which is not related with the office of the justice must not hinder the justice to perform his direct duties at the Court.
9. Justices of the Constitutional Court, with regard to possibilities of the Constitutional Court, participate in international conferences, seminars and other professional occasions, familiarise with work experience of constitutional review institutions of other states and international institutions of similar character.

Section II
Organisational Sittings of the Constitutional Court

10. In organisational sittings issues of organisation of the work of the Constitutional Court, the structure of the apparatus (hereinafter also referred to as the Court apparatus) and of the competence of the Court are considered and decided. In the organisational sittings also an outline of a new financial year draft budget of the Constitutional Court is considered, the financial year estimate of expenditures of the Constitutional Court is approved, and other issues necessary to ensure the activity of the Court are considered.
11. The issues to be considered in the sitting are proposed by the President of the Constitutional Court and justices. The agenda is set by the Constitutional Court.
12. Upon decision of the President of the Constitutional Court or the Court, State servants and employees of the Court, scientists, specialists, and other persons may be summoned to organisational sittings.
13. Upon decision of the Constitutional Court, minutes may be kept in the organisational sitting.
14. If it is necessary to investigate certain issues or prepare them for consideration, the Constitutional Court may form provisional commissions or working groups.

Section III
Procedural Sittings of the Constitutional Court

15. In procedural sittings disagreements between a justice and the President of the Constitutional Court concerning acceptation of applications, as well as all cases of refusal to accept applications, and issues of preparation, joining, separation of cases along with other issues of preparation for a judicial hearing are considered.
16. Upon summoning by the President of the Constitutional Court, State servants and employees of the Court, scientists, specialists, and other persons may participate in the procedural sitting. Upon permission by the Chairman of the sitting, they may be given the floor.
17. Minutes shall be taken during procedural sittings. The minutes indicate the date of the sitting, the number of the minutes, the justices and other persons that participated in the sitting, the agenda, speakers on particular issues, and present the decision adopted. Draft minutes are prepared for signing not later than on the second working day after the sitting.
18. The minutes of the procedural sitting are signed by the Chairman of the sitting and the secretary of Court hearings.

Section IV
Constitutional Court Judicial Hearings

19. In judicial hearings cases of constitutional justice are considered subsequent to petitions and inquiries accepted by the Constitutional Court, as well as petitions requesting to construe rulings passed by the Constitutional Court.
20. Judicial hearings shall be held according to the procedures established by the Law on the Constitutional Court.

Section V
The Organisation of Sittings and the Procedure of Consideration of Issues at Sittings

21. Organisational and procedural sittings shall either be convened by the President of the Constitutional Court or held at the time set by the Constitutional Court.
22. A justice, who is unable to participate in the sittings due to important reasons, must inform the President of the Constitutional Court as soon as possible. The justice who is unable to participate in the sitting may express his opinion in writing as regards the issues considered at the sitting, which must be made known at the sitting.
23. The sitting is chaired by the President of the Constitutional Court or, in his absence, by the justice who is acting for him.
24. At the beginning of the sitting, the Chairman of the sitting submits the agenda of the sitting. Justices have the right to propose to amend or supplement the agenda.
25. The items on the agenda are considered in course. By common agreement, the Court may change the sequence of consideration of the items.
26. The Chairman of the sitting gives an introduction to each item on the agenda and gives the floor to the rapporteur. After the speech of the rapporteur, he may be asked questions.
27. As a rule, the floor is given or questions are asked in course. One is permitted to speak out of turn only upon permission of the Chairman of the sitting. The preference to speak out of turn is to be given to the rapporteur.
28. As a rule, a draft decision regarding the considered item of the agenda is presented either by the rapporteur or the Chairman of the sitting. Justices may submit alternative draft decisions.
29. After the discussion is over, the Chairman of the sitting may formulate the main theses and conclusions, while in case of need—alternatives, regarding the discussed issue.
30. Decisions on questions considered in the sittings shall be passed by majority vote of at least half of the justices participating in the sitting. The Chairman of the sitting counts who voted for and who voted against. In the event of a tie, the vote of the Chairman of the hearing shall be decisive.
31. Either verbal or written decisions may be adopted at the sittings. In the written decision the date of the sitting is pointed out, as well as the justices who participated in the sitting, the discussed issue, in case of need—reasoning of the decision, and the decision adopted. Written decisions of the Court are signed by all justices that participated in the sitting.
32. As a rule, in organisational sittings verbal decisions are adopted. . Upon decision by the Court, written decisions may be adopted in organisational sittings as well.
33. A justice, who did not participate in the sitting, is informed about the decisions adopted by the Court.
34. Upon decision of the Court, State servants and employees of the Court, other State institutions and/or officials and mass media are informed about the adopted decisions.

CHAPTER III
ETHICS OF JUSTICES (PROFESSIONAL CONDUCT)

35. The justice shall follow only the Constitution and obeys only the Constitution and laws that are not in conflict with it.
36. The justice enjoys the independence granted to him by the Constitution. While in office, the justices are independent of any other State or municipal institution, their officials, as well as private persons or organisations, political parties, the public, as well as mass media. The independence is obliging to the justice.
37. The justice must safeguard the honour and prestige of his profession, and may not violate human rights and dignity. The justice must behave so that he would not degrade the name of the justice.
38. While in office, the justice may not display his point of view as regards the sex, race, nationality, language, origin, belief, convictions or views, sexual orientation or social status of a person, due to which preconditions might be created to discriminate persons or grant privileges to them.
39. While in office, the justice must be impartial. While hearing the persons participating in the proceedings, the justice must be equally attentive to them, however, strict in regard to disturbers of order. The justice must evade conversations with participants to the proceedings about the case at issue outside the judicial proceedings, save the cases when the justice summons participants to the proceedings to court and questions them in the course of the preparation of the case for the judicial hearing. The justice, while considering cases, must not submit to the influence of institutions of power or governance, of officials, mass media, the public, and individual citizens.
40. The justice must go into the essence of the considered case, avoid hastiness and superficiality, he must not procrastinate the process of preparation and consideration of the case. The justice pays much attention to the culture of the proceedings, usage of the language, he is prompt and punctual. At the time of Court hearings the justice is official, correct, patient and polite.
41. A justice shall not have the right to publicly express his opinion concerning the essence of an issue which is either under consideration or has been adopted for consideration in the Constitutional Court.
42. The justice does not reveal the confidential information received in the course of preparation and consideration of cases, and safeguards the secret of the deliberation room.
43. The justice may not accept presents and other signs of favour, nor may he receive other services, if this is done, or could be treated as being done, in order to seek to influence the course of a considered case or of that accepted for consideration, or the decision of the case.
44. A justice 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. Administrative offices in educational, scientific or creative establishments are incompatible with the office of the justice. Also he may not receive any remuneration other than the remuneration established for the justice and payment for educational or creative activities. A justice may not act as counsel for the defence or as a representative of any other enterprise, establishment, organisation or person.
45. A justice may not participate in the activities of political parties and other political organisations. A justice may not express publicly his political convictions and engage in political activism.
46. The justices are solidary in defending their colleague from unreasonable criticism.

CHAPTER IV
THE APPARATUS OF THE CONSTITUTIONAL COURT

Section I
General Provisions

47. Under Article 86 of the Law on the Constitutional Court, the Constitutional Court has an apparatus, which ensures clerical, informational, economic, financial and technical service of the Constitutional Court, which performs assignments of justices, which are linked with the implementation of functions of the justices, and in case of need it renders organisational assistance to the justices.
48. The structure and statute of the apparatus of the Constitutional Court shall be approved by the Constitutional Court.
49. The following structure of the apparatus of the Constitutional Court shall be established:
49.1. the Chancellor;
49.2. the Deputy Chancellor;
49.3. advisors to the President;
49.4. assistants to the President;
49.5. the President’s Secretariat;
49.6. the Law Department;
49.7. the Division of Information and Technologies; the Library of the Constitutional Court shall be a unit thereof;
49.8. the General Division;
49.9. the Finance Division;
49.10. the Economy Division.
50. These Rules define the main functions of the structural units as well as the servants and employees of the Court, whose activity is directly related with the performance of functions of the Constitutional Court.
51. The apparatus of the Constitutional Court is generally headed by the President of the Constitutional Court. While performing the functions of general heading, the President of the Constitutional Court: submits the structure of the apparatus of the Constitutional Court to the Constitutional Court for approval; under procedure established by laws, appoints to and dismisses from office the Chancellor the of the Constitutional Court, under procedure established in legal acts adopts decisions on accepting and dismissing employees form work; approves the descriptions and lists of incumbencies of the State servants who work at the Constitutional Court; issues orders concerning the issues of work of the apparatus and other internal issues; administers the funds allocated to the Constitutional Court; performs other administrative functions prescribed to him by laws.

Section II
The Chancellor of the Constitutional Court

52. The apparatus of the Constitutional Court is directly headed by the Chancellor of the Constitutional Court. He shall be subordinate to the President of the Constitutional Court. When the Chancellor is unable to perform his duties or if he is absent, the Deputy Chancellor substitutes (holds office) for him. When the Deputy Chancellor is unable to perform his duties or if he is absent, the President of the Constitutional Court may commission another State servant of the Constitutional Court to hold this office (to substitute).
53. The Chancellor of the Constitutional Court:
53.1. organises the work of the apparatus of the Constitutional Court;
53.2. under procedure established by laws, appoints to and dismisses from office at the Constitutional Court State servants, while upon assignment by the President of the Constitutional Court, also other employees of the Court, and performs other functions assigned to him by the Law on the State Service in the area of personnel administration;
53.3. ensures that State servants and employees of the apparatus of the Constitutional Court observe official (work) discipline, as well as laws and other legal acts;
53.4. upon taking account of the opinion of the President of the Constitutional Court, upon procedure set by the law, adopts decisions on establishment of official salaries, extra pays and one-time monetary payments to State servants of the Court apparatus; upon procedure set by the law, adopts decisions on establishment of salaries, extra pays and one-time monetary payments to the employees of the Court apparatus, who work under employment contracts, as well as decisions on their inducement and awarding of allowances;
53.5. upon the procedure set in legal acts, imposes official penalties to State servants of the Court apparatus and disciplinary penalties to the employees, who work under employment contracts;
53.6. prepares the schedule of holidays of State servants and employees of the Court apparatus and signs orders on letting the State servants and employees of the Court apparatus on holiday;
53.7. signs official papers on issues of organisational and economic work;
53.8. upon assignment by the President of the Constitutional Court, administers the funds allocated to the Constitutional Court and signs corresponding financial documents; concludes agreements on purchase and sale, on services as well as other agreements the value of which does not exceed the sum established by the President of the Constitutional Court;
53.9. contributes to arrangement of conferences, seminars, meetings and other events of the Constitutional Court;
53.10. organises the preparation of the Constitutional Court publications for printing;
53.11. in case of need prepares and submits official papers to the President of the Constitutional Court on financial issues;
53.12. prepares draft orders of the President of the Constitutional Court on issues of the organisation of work of the Court apparatus;
53.13. supervises that orders and assignments by the President of the Constitutional Court, as well as assignments by the justices, be carried out in time and properly;
53.14. keeps the armorial seal of the Constitutional Court and employs it under established procedure.
54. The Chancellor of the Constitutional Court considers the letters and papers from institutions, establishments and organisations, as well as from legal and natural persons, whose consideration is not ascribed to the competence of the Constitutional Court; the replies to such letters and papers are signed by the Chancellor or, upon his instruction, by another State servant of the Court.
55. The Deputy Chancellor organises and co-ordinates the work in the areas of activity ascribed to him.

Section III
Advisors and Assistants to the President of the Constitutional Court

56. The advisor to the President of the Constitutional Court renders scientific and organisational assistance to the Constitutional Court and the President of the Constitutional Court in preparation of the material for consideration of cases, assesses and generalises in an analytical manner the issues decided in the cases, submits reasoned proposals regarding the rulings, decisions and conclusions prepared at the Constitutional Court, and executes other assignments of the President of the Constitutional Court.
57. The assistant to the President of the Constitutional Court renders assistance to the President of the Constitutional Court when the latter performs his duties as a justice, who prepares the case for the judicial hearing. The assistant to the President of the Constitutional Court prepares draft orders and ordinances of the President of the Constitutional Court, which are necessary for the work of the Court, as well as draft documents, by means of which the procedural rights of the President of the Constitutional Court are implemented; informs the public about the activity of the Constitutional Court and executes other assignments of the President of the Constitutional Court.
58. Advisors and assistants of the President of the Constitutional Court are State servants. They are appointed to and dismissed from office under procedure established by the law.

Section IV
The Law Department

59. The Law Department is composed of the Director of the Law Department, assistants to justices, other State servants and employees; these persons are appointed to and dismissed from office under procedure established by laws.
60. Assistants to justices are subordinate to the Director of the Law Department; they also execute assignments of justices.
61. The Law Department:
61.1. assists justices in preparation of cases for judicial hearings, prepares draft documents of the Court;
61.2. under supervision of justices, collects and generalises information and other material, makes reviews and generalisations of scientific literature and judicial case-law, which are necessary for preparation of cases for judicial consideration and discharge of other functions of the Constitutional Court;
61.3. gives systemic generalisations of the doctrine formulated in Constitutional Court rulings, decisions and conclusions;
61.4. in a systemic manner, not less than once a month, prepares reviews of decisions of the European Court of Human Rights, the Court of Justice of the European Communities, other international courts, as well as summaries and reviews of rulings of constitutional courts of other states;
61.5. accumulates and systemises material of general character, as well as legal acts, reviews of literature, which were collected in the course of preparation of cases for judicial investigation;
61.6. contributes to the preparation of editions (publications) of the Constitutional Court.
62. The State servants of the library of the Constitutional Court, upon assignment of the Director of the Law Department and justices, perform search of legal and other literature according to indicated topics and provide the lists of literature relevant for constitutional justice cases.

Section V
The General Division

63. The General Division of the Court apparatus registers and handles the petitions and inquiries received at the Constitutional Court, cases sent from courts, other received and sent documents, letters and papers from natural and legal persons, as well as internal documents of the Constitutional Court.
64. The General Division, keeping to the nomenclature of cases approved under established procedure, handles and keeps the investigated cases, as well as the archive of the Constitutional Court.
65. The General Division enters the main data of petitions and inquiries into the data base of the information system of the Constitutional Court, and not less than once a month it prepares statistical data about the received petitions, inquiries and considered cases, and publishes these data at the Internet website of the Constitutional Court.
66. The General Division discharges the functions of the personnel service of the Constitutional Court.
67. The head of the General Division receives visitors at the Constitutional Court and provides them with information. If necessary, the head of the General Division directs the visitors to the Chancellor of the Constitutional Court or the President of the Constitutional Court, upon their prior consent.
68. At the Constitutional Court visitors are received and provided with information under procedure established by legal acts.

Section VI
The Secretary of Court Hearings

69. The course of a judicial hearing, as well as every individual procedural action performed outside a hearing, are entered into the minutes.
70. In pursuance of the requirements specified in Article 52 of the Law on the Constitutional Court, the minutes are taken by the secretary of judicial hearings or another State servant of the Court apparatus, who is empowered by the Chancellor of the Constitutional Court.
71. During judicial hearings, the secretary of Court hearings wears special habiliments, whose model is approved by the Constitutional Court.

Section VII
The Court Clerk

72. During a Constitutional Court hearing the order in the courtroom is kept by the Court clerk. When the justices are entering and leaving the courtroom, he announces: “All rise!”
73. The demands of the Court clerk to keep order or carry out the demands of the Chairman of the hearing shall be obligatory to the participants of the proceedings and the persons in the courtroom.
74. If during a judicial hearing the persons participating in it breach order and disregard demands of the Chairman of the hearing or the court clerk, the court clerk, upon the instruction of the Chairman of the hearing, invites the police to help to make the disturbers leave the courtroom.
75. During Court hearings, the Court clerk wears special habiliments, whose model is approved by the Constitutional Court.

CHAPTER V
INTERNATIONAL RELATIONS

76. The Constitutional Court is a full member of the Conference of the European Constitutional Courts and performs the obligations arising from this membership.
77. The Constitutional Court maintains formal relations with constitutional courts of other states, other supreme judicial institutions, as well as with international courts and corresponding international organisations. For this purpose, the Constitutional Court arranges conferences, seminars and other professional events, invites justices and servants of institutions of constitutional review of other states to share their work experience.
78. Justices and servants of the Constitutional Court visit events of constitutional courts and other establishments of foreign states, as well as those of international institutions which are related with consideration of issues of constitutional jurisprudence. The issues of duty journeys of justices, State servants and employees of the Constitutional Court are decided by the President of the Constitutional Court.
79. The Chancellor of the Constitutional Court and the President’s Secretariat arrange the abroad trips of the President and justices of the Constitutional Court as well as State servants and employees and the reception of delegations and guests from foreign states at the Constitutional Court.

CHAPTER VI
APPLICATIONS TO THE CONSTITUTIONAL COURT AND PRELIMINARY INVESTIGATION THEREOF

Section I
General Provisions

80. The applications to the Constitutional Court comprise petitions and inquiries.
81. The petitions are submitted:
81.1. when requesting to investigate the compliance of constitutional laws with the Constitution;
81.2. when requesting to investigate the compliance of laws with the Constitution and constitutional laws;
81.3. when requesting to investigate the compliance of substatutory legal acts adopted by the Seimas with the Constitution, constitutional laws and laws;
81.4. when requesting to investigate the compliance of acts of the President of the Republic with the Constitution, constitutional laws and laws;
81.5. when requesting to investigate the compliance of acts of the Government with the Constitution, constitutional laws and laws;
81.6. when requesting to construe a Constitutional Court ruling.
82. The inquiries are submitted when requesting to present a conclusion:
82.1. whether there were violations of election laws during elections of the President of the Republic and elections of members of the Seimas;
82.2. whether the state of health of the President of the Republic allows him to continue to hold office;
82.3. whether international treaties of the Republic of Lithuania are not in conflict with the Constitution;
82.4. 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.
83. According to the Constitution, having received the application of the entities specified in Article 106 of the Constitution, the Constitutional Court has the powers to and must investigate and adopt decisions whether any constitutional law and any law is not in conflict with the Constitution, whether any substatutory act adopted by the Seimas, or any act of the President of the Republic, or any act of the Government is not in conflict with the Constitution, constitutional laws and laws, irrespective of whether the legal act is (could be) marked top secret or bears any other marking.
84. While requesting to investigate whether a constitutional law is not in conflict with the Constitution, whether a law is not in conflict with the Constitution and constitutional laws, whether a substatutory legal act adopted by the Seimas is not in conflict with the Constitution, constitutional laws and laws, whether an act of the President of the Republic Seimas is not in conflict with the Constitution, constitutional laws and laws, whether an act of the Government is not in conflict with the Constitution, constitutional laws and laws, the Seimas applies to the Constitutional Court by a resolution. The reasoning on which the request is based is specified in the resolution of the Seimas (annex thereto) or supplementary documents to the resolution of the Seimas.
While requesting to construe a Constitutional Court ruling, the Seimas applies to the Constitutional Court by a resolution. The reasoning on which the request is based may be specified in the resolution of the Seimas (annex thereto) or supplementary documents to the resolution of the Seimas.
85. The provision that 1/5 of all the Members of the Seimas may apply to the Constitutional Court is entrenched in Paragraphs 1, 2 and 3 of Article 106 of the Constitution. The specified group of “1/5 of all the Members of the Seimas” comprises not less than 29 Members of the Seimas.
86. The petition of a group of Members of the Seimas must be signed by all the Members of the Seimas who apply with the petition, and their names (or first letters of the name and surname) and surnames must be clearly indicated. The list of the Members of the Seimas who sign the petition must be legible, neat, it may not contain any unexplained crossing outs or corrections.
87. The Speaker of the Seimas or his Deputy, when approving with his signature the signatures of the Members of the Seimas, specifies the number of approved signatures and the date of approval.
88. While requesting to investigate whether a constitutional law is not in conflict with the Constitution, whether a law is not in conflict with the Constitution and constitutional laws, whether a substatutory legal act adopted by the Seimas is not in conflict with the Constitution, constitutional laws and laws, and while requesting to construe a Constitutional Court ruling, the Government applies to the Constitutional Court by a resolution. The reasoning on which the request is based is specified in the Government resolution (annex thereto) or supplementary documents to the Government resolution.
89. While requesting to investigate the compliance of acts of the Government with the Constitution, constitutional laws and laws, and while requesting to construe a Constitutional Court ruling, the President of the Republic applies to the Constitutional Court by a decree. The reasoning on which the request is based is specified in the decree (annex thereto) or supplementary documents to the decree.
90. While requesting to investigate whether a constitutional law is not in conflict with the Constitution, whether a law is not in conflict with the Constitution and constitutional laws, whether substatutory legal acts adopted by the Seimas are not in conflict with the Constitution, constitutional laws and laws, whether acts of the President of the Republic are not in conflict with the Constitution, constitutional laws and laws, whether acts of the Government are not in conflict with the Constitution, constitutional laws and laws, the Supreme Court of Lithuania, the Court of Appeal of Lithuania, regional and local courts, the Supreme Administrative Court of Lithuania and regional administrative courts apply to the Constitutional Court by a ruling.
91. With an inquiry for a conclusion on all the issues specified in Article 73 of the Law on the Constitutional Court, the Seimas applies to the Constitutional Court by a resolution.
The conclusions of the special commission established by the Seimas in order to investigate the reasonability of charges brought against Members of the Seimas or State officials and the documents providing the ground for such conclusions, as well as other material, are attached to the resolution of the Seimas on the inquiry whether concrete actions of the said persons against whom an impeachment case has been instituted are not in conflict with the Constitution.
92. Regarding the compliance of an international treaty of the Republic of Lithuania with the Constitution, as well as regarding the fact whether election laws have not been violated during elections of Members of the Seimas, the President of the Republic applies to the Constitutional Court by an inquiry set forth in a decree of the President of the Republic.
93. A Constitutional Court ruling is construed upon request of the entities specified in Paragraph 1 of Article 60 of the Law on the Constitutional Court, as well as upon the initiative of the Constitutional Court.
A Constitutional Court ruling is also construed upon request of the entities to which the Constitutional Court ruling was sent and where it is indicated that this is done according to Paragraph 2 of Article 60 of the Law on the Constitutional Court. The instruction to send the ruling according to Paragraph 2 of Article 60 of the Law on the Constitutional Court is given by the President of the Constitutional Court by issuing an order.
The Constitutional Court does not construe its rulings upon requests of other entities.
94. According to Article 66 and 67 of the Law on the Constitutional Court a duplicate of the whole text of the disputed legal act (part thereof) is attached to the request to investigate whether constitutional laws are not in conflict with the Constitution, whether laws are not in conflict with the Constitution and constitutional laws, whether substatutory legal acts adopted by the Seimas are not in conflict with the Constitution, constitutional laws and laws, whether acts of the President of the Republic are not in conflict with the Constitution, constitutional laws and laws, and whether acts of the Government are not in conflict with the Constitution, constitutional laws and laws. The text of the legal act which is announced in the official gazette “Valstybės žinios” or another official source is to be considered such a duplicate. If the disputed legal act is not announced in the official gazette “Valstybės žinios” or another official source, a duplicate of the official text of the disputed legal act (part thereof), which was published in other sources and/or in other ways, is to be attached to the petition.
A duplicate of the whole Constitutional Court ruling is attached to the petition requesting to construe the Constitutional Court ruling. The Constitutional Court ruling announced in the official gazette “Valstybės žinios” or a publication of the Constitutional Court is to be considered such a duplicate.
The following text is considered to be a duplicate of the whole text of an international treaty specified in Item 1 of Paragraph 4 of Article 76 of the Law on the Constitutional Court:
1) if the international treaty was ratified and announced in the official gazette “Valstybės žinios”—the text of the international treaty which was announced in the official gazette “Valstybės žinios”;
2) if a conclusion on the compliance of an international treaty with the Constitution is requested prior to ratification of the international treaty at the Seimas—a duplicate of the international treaty submitted by the entities which are specified in Paragraph 5 of Article 106 of the Constitution and which are entitled to request a Constitutional Court conclusion.
95. In its petition the petitioner must provide legal reasoning, on which a doubt concerning the compliance of a constitutional law, a law, a substatutory act adopted by the Seimas, an act of the President of the Republic and an act of the Government with the Constitution, concerning the compliance of a law with constitutional laws, concerning a substatutory act adopted by the Seimas with constitutional laws and laws, and concerning the compliance of an act of the President of the Republic and an act of the Government with constitutional laws and laws.
96. Under Paragraph 4 of Article 69 of the Law on the Constitutional Court, the annulment of the disputed legal act shall be grounds to adopt a decision to dismiss the instituted legal proceedings.
In cases where the Constitutional Court is addressed by a court, which considers a case and to which a doubt arose whether constitutional laws are not in conflict with the Constitution, whether laws are not in conflict with the Constitution and constitutional laws, whether substatutory legal acts adopted by the Seimas are not in conflict with the Constitution, constitutional laws and laws, whether acts of the President of the Republic are not in conflict with the Constitution, constitutional laws and laws, and whether acts of the Government are not in conflict with the Constitution, constitutional laws and laws, the Constitutional Court has a duty to consider the petition of the court irrespective of the fact whether the disputed legal act is valid or annulled.
In cases where not courts, but other entities specified in Article 106 of the Constitution apply to the Constitutional Court, the Constitutional Court, having taken account of the circumstances of the case, has the right to dismiss the instituted legal proceedings.

Section II
Registration of Applications and Primary Review Thereof

97. Applications to the Constitutional Court, petitions or inquiries, are registered in the book of registration of petitions requesting to investigate the compliance of legal acts with the Constitution or laws and of inquiries; the date of receipt thereof, the petitioner, the content of the petition (inquiry) are to be indicated. Later the content and the date of the decision of the procedural sitting of the Court or of the ordinance of the President of the Constitutional Court, the case number, the date of the ruling, decision or conclusion adopted by the Constitutional Court, are entered in the registration book.
98. A petition requesting to investigate whether a constitutional law, a law, a substatutory act adopted by the Seimas, an act of the President of the Republic, an act of the Government are not in conflict with the Constitution, whether a substatutory act adopted by the Seimas, an act of the President of the Republic, an act of the Government are not in conflict with a constitutional law and a law, may be withdrawn prior to the appointment of the case to be considered at a judicial hearing.
99. A petition requesting to construe a Constitutional Court ruling may be withdrawn prior to the appointment of a judicial hearing on the construction of the Constitutional Court ruling.
100. An inquiry concerning the presentation of a conclusion may be withdrawn prior to the commencement of the consideration at a Constitutional Court hearing.
101. The President of the Constitutional Court issues an ordinance concerning consent or refusal to withdraw the petition or inquiry, which is sent to the petitioner and is handed in to the justices of the Constitutional Court.

Section III
Distribution of Applications and Preliminary Investigation Thereof

102. The President of the Constitutional Court evenly distributes work to the justices according to the surnames of the justices usually in alphabetical order. Having taken account of particular circumstances, a justice may be assigned with a case under different procedure as well.
103. The period of 7 days during which a justice of the Constitutional Court must be commissioned to start the preliminary investigation and which is established in Paragraph 1 of Article 29 of the Law on the Constitutional Court, is calculated in working days; the beginning of this period is the day after the day when the Constitutional Court receives the petition or inquiry.
104. When commissioning one or several justices to start the preliminary investigation of an application, the President of the Constitutional Court sets a period of this work, which usually does not exceed 10 working days. Having finished the preliminary investigation, the justice draws up a note.
105. The period of 3 days during which the preliminary investigation of the material must be carried out and the issue whether to accept the petition for consideration in the Constitutional Court must be settled during its organisational sitting, and which is established in Paragraph 1 of Article 26 of the Law on the Constitutional Court, is calculated in calendar days; the beginning of this period is the day after the day when the Constitutional Court receives the decree of the President of the Republic in which a presentation to investigate whether an act of the Government is in compliance with the Constitution, a constitutional law and a law, is set forth or when it receives a resolution of the Seimas, in which it is requested to investigate whether a constitutional law, a law, a substatutory act adopted by the Seimas, an act of the President of the Republic, an act of the Government are not in conflict with the Constitution, and whether a substatutory act adopted by the Seimas, an act of the President of the Republic, an act of the Government are not in conflict with constitutional laws and laws.
106. When investigating the material which was handed over to him, a justice must also find out whether any other petitions requesting to investigate the constitutionality of other articles (parts thereof) of the same legal act have been received at the Constitutional Court and whether there are grounds established in Article 41 of the Law on the Constitutional Court to join the petitions into one case.

Section IV
Decisions Concerning Petitions upon Preliminary Investigation

107. Upon carrying out the preliminary investigation and necessary preparatory actions, the justice draws up a note with proposals and, in cases when he proposes to accept the petition or inquiry, or when he proposes to refer it back to the petitioner on the grounds established in Articles 70 and 81 of the Law on the Constitutional Court, informs the President of the Constitutional Court about it according to Article 25 of the Law on the Constitutional Court.
108. In cases where the justice holds that there are grounds established in Articles 69 or 80 of the Law on the Constitutional Court to refuse the investigation of a petition or an inquiry, he indicates it in the note and proposes to the procedural sitting of the Constitutional Court to adopt a decision to refuse the consideration of the petition or inquiry.
109. If, due to the issues specified in Item 107 of these Rules, 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.
110. Having carried out the preliminary investigation, in the event there are the grounds specified in Article 41 of the Law on the Constitutional Court, the justice in his note may propose that the Constitutional Court join the petitions into one case.

CHAPTER VII
INSTITUTION OF A CASE AND PREPARATION THEREOF FOR A JUDICIAL HEARING

Section I
Institution of a Case and Handing Over Thereof to the Justice

111. A case of constitutional justice is instituted when the President of the Constitutional Court issues an ordinance or when the Constitutional Court adopts a decision to accept a petition or an inquiry and to begin the preparation of the case for a Constitutional Court hearing.
112. The justice (justices) responsible for the preparation of the case for a judicial hearing is (are) appointed by an ordinance of the President of the Constitutional Court. Normally, this justice shall be the one who has carried out the preliminary investigation of the application.
113. The ordinance of the President of the Constitutional Court by which the justice is commissioned with preparation of the case for a judicial hearing, is handed over to the justice who signs the ordinance.

Section II
Preparation of Cases for Judicial Hearings

114. When preparing a case for a judicial hearing, the justice takes into consideration the circumstances of the concrete case and carries out the actions provided for in Paragraph 2 of Article 27 of the Law on the Constitutional Court.
115. When questioning the persons specified in Items 1, 2, 3 and 5 of Paragraph 1 of Article 27 of the Law on the Constitutional Court, minutes may be drawn. The minutes are drawn by the secretary of sittings or the assistant to the justice. The minutes are signed by the justice and the person who has drawn the minutes, as well as the persons who were present at the questioning.
116. The period of consideration of the case established in Paragraph 2 of Article 29 of the Law on the Constitutional Court, upon a proposal of the justice who considers the case or the President of the Constitutional Court, is extended by a Constitutional Court decision at a procedural sitting of the Court.

Section III
Joining and Separation of Cases

117. Upon a reasoned decision of the Constitutional Court, before the beginning of the judicial consideration, the Constitutional Court, upon a proposal of the justice who prepares the case (cases) or of the President of the Constitutional Court, may join two or more petitions into one case.
118. Upon a proposal of the justice who prepares the case (cases) or of the President of the Constitutional Court, upon a reasoned decision, the Court may separate certain petitions into a separate case (cases) or join them to another case.
119. The issues of joining cases into one case or separation thereof are decided at a procedural sitting of the Constitutional Court.

Section IV
The Sequence of Consideration of Cases

120. Cases are usually considered in sequence, according to the time of receipt of petitions or inquiries at the Constitutional Court. If needed, the Constitutional Court, having considered the type and other circumstances of the case, may decide to consider the case earlier or later.
121. When several petitions or inquiries are joined into one case, the case is considered according to the sequence of the first case from among the joined ones.
122. The cases subsequent to decrees of the President of the Republic, in which a presentation to investigate whether an act of the Government is in compliance with the Constitution and laws, is set forth, or the cases concerning a resolution of the Seimas, in which 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 or an act of the Government are in compliance with the Constitution and laws, are considered earlier. The cases concerning inquiries or construction of the Constitutional Court rulings may also be considered earlier.
123. The cases according to the inquiries of the Seimas whether the state of health of the President of the Republic allows him to continue to hold office, or 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, are considered under the procedure of urgency.
124. Inquiries concerning possible violations of the laws on elections during the elections of the President of the Republic or the Seimas elections shall be addressed to the Constitutional Court within 3 days of the publication of the official election results. The beginning of this 3 day period is the day after the day when the official results of elections are announced according to a respective elections law.
125. The beginning of the period of 72 hours established in Paragraph 3 of Article 77 of the Law on the Constitutional Court is the beginning of the next hour after the hour when the inquiry was handed in and registered upon the established procedure at the Constitutional Court.

Section V
Appointment of a Case for a Judicial Hearing

126. The issue of appointment of a case for consideration at a judicial hearing is discussed at a procedural sitting of the Constitutional Court, upon listening to a report of the justice who has prepared the case about the preparation of the case for a judicial hearing.
127. A case may be appointed to be considered at a judicial hearing not earlier than 7 days after the date of adopting the decision at the procedural sitting.

CHAPTER VIII
CONSIDERATION OF A CASE AT A JUDICIAL HEARING

Section I
Announcement about a Judicial Hearing

128. A judicial hearing of the Constitutional Court is held at the time established in a Constitutional Court decision.
129. 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 mass media. The entity which applied to the Constitutional Court, a short content of the petition or inquiry, and parties to the case or their representatives are specified in the press release.
130. The parties to the case are informed about the time and place of a Constitutional Court hearing by notices of the Court and the representatives of the parties to the case are informed by summonses of the Court not later than 7 days prior to the beginning of the hearing. In the summonses and notices it is specified that absence of the parties in a Court hearing shall not be an obstacle for consideration of the case, passing a ruling or conclusion, and adopting other decisions.
131. Witnesses, experts and interpreters shall be summoned to a hearing by Court summonses as well. Consequences for failure to appear at the hearing shall be stated in the summonses.
132. Specialists or officials are summoned to a Court hearing by invitations.
133. Summonses, notices and invitations are delivered by courier or 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.
134. Summonses, announcements and invitations are signed by the President of the Constitutional Court.
135. The form of summonses, announcements and invitations is approved by the Constitutional Court at an organisational sitting.

Section II
The Procedure of a Judicial Hearing

136. Judicial hearings of the Constitutional Court shall be held in its permanent seat. In the courtroom 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.
137. During a judicial hearing, justices shall wear gowns with the badge of a justice, the description and sample of which shall be approved by the Constitutional Court.
138. In the courtroom the justices, except the President of the Constitutional Court, are seated in alphabetical order according to their surnames. The President of the Constitutional Court is seated in the middle of the justices.
139. 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 he is also absent—by a justice selected by the Constitutional Court other than the justice-rapporteur. When presiding over the judicial hearing, the Chairman of the hearing enjoys the powers established in the Law on the Constitutional Court.
140. In case a justice of the Constitutional Court, due to important reasons, is not able to participate at a judicial hearing, he must immediately inform about it the Chairman of the judicial hearing.
141. A judicial hearing of the Constitutional Court is held according to the procedures established in the Law on the Constitutional Court. The questions which arise concerning the course of the hearing are decided by the Court on the spot or in the deliberation room.
142. At a judicial hearing the secretary of Court hearings takes the minutes of the hearing according to the requirements established in Article 52 of the Law on the Constitutional Court. The minutes must be completed within 2 days after the hearing or after suspension of the hearing. A printed version of the minutes shall be signed by the Chairman of the Court hearing and by the secretary of Court hearings.
143. The secretary of Court hearings may be replaced at any stage of the judicial hearing.

Section III
Drafting of Acts of the Constitutional Court, by which a Case is Completed

144. The acts of the Constitutional Court by which a case is completed—final acts—are adopted in the deliberation room.
145. If the Constitutional Court does not decide otherwise, the drafts of final acts of the Constitutional Court are made by the justice-rapporteur.
146. If the Constitutional Court does not decide otherwise, the drafts of final acts of the Constitutional Court are discussed upon the procedure established in Section V of Chapter II of these Rules.
147. A Constitutional Court ruling is drawn up while complying with the requirements established in Article 56 of the Law on the Constitutional Court and is documented according to the requirements of the Procedure of Documenting Rulings, Decisions and Conclusions of the Constitutional Court of the Republic of Lithuania, which is approved by the order of the President of the Constitutional Court.

Section IV
Public Announcement of the Acts of the Constitutional Court, by which a Case is Completed, at the Court

148. The time of announcement of a final act of the Constitutional Court is announced in the premises of the Constitutional Court and at the Internet website of the Constitutional Court, and communicated to mass media as well. The entity which applied to the Constitutional Court, a short content of the petition or inquiry, and the parties to the case or their representatives are specified in the press release.
149. The parties to the case and their representatives are informed about the time of announcement of the final act of the Constitutional Court by the secretary of Court hearings.
150. Final acts of the Constitutional Court are always announced by public reading thereof in the courtroom. The Constitutional Court may decide that only the resolving part of the act, or the resolving part and part of the reasoning part of the act will be read.
151. In the courtroom a final act of the Constitutional Court is read by the Chairman of the Court hearing or, upon his commission, by one of the justices.
152. In the course of announcement of a final act of the Constitutional Court, the rules of the procedure of a judicial hearing established in Articles 18, 46 and 57 of the Law on the Constitutional Court are applied.
153. After a final act of the Constitutional Court has been publicly announced in the courtroom, mass media is communicated a notice about the announced final act. The content of the publicly announced final act is shortly presented in the notice. The notice is also announced at the Internet website of the Constitutional Court.

Section V
Official Announcement of the Acts of the Constitutional Court, by which a Case is Completed, and of Ordinances of the President of the Constitutional Court

154. 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 the Law on the Constitutional Court shall be officially published in a separate chapter of the official gazette “Valstybės žinios”.
155. In the case provided for in Paragraph 5 of Article 84 of the Law on the Constitutional Court, the acts of the Court specified in Item 154 of these Rules are announced in a publication of the Constitutional Court and become effective on the day of their publishing in such a publication.
156. Having considered the circumstances of a concrete case, the Constitutional Court may set a concrete date of official publishing of the Constitutional Court acts specified in Item 154 of these Rules.
157. The acts of the Constitutional Court which are specified in Item 154 of these Rules shall also be published on the Internet website of the Constitutional Court. Such publishing of the acts of the Court is not their official publishing.

Section VI
Sending of the Acts of the Constitutional Court, by which a Case is Completed

158. Upon announcement of a final act of the Constitutional Court at a public hearing of the Constitutional Court, the General Division of the Constitutional Court, not later than within 2 days of the date of adoption of the said documents, distributes copies thereof to the justices of the Constitutional Court, and sends them to the parties to the case and their representatives, the Seimas, the President of the Republic, the Government, the President of the Supreme Court of Lithuania, the Prosecutor General, and the Minister of Justice.
The President of the Constitutional Court may order that a Constitutional Court final act be sent to other institutions, officials, or citizens.
159. When the Constitutional Court completes the consideration of the case according to a petition of a court, the General Division of the Constitutional Court returns the delivered case to a respective court.
160. The cases considered by the Constitutional Court (original versions of the material) are kept at the General Division of the Constitutional Court.

Section VII
Dissenting Opinion of a Justice of the Constitutional Court

161. Under Paragraph 5 of Article 55 of the Law on the Constitutional Court, after a final act of the Constitutional Court is publicly announced in the courtroom, a justice, 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.
162. The dissenting opinion of the justice shall be drawn up as a separate document. It shall contain the name and surname of the justice, the date, the title of the act of the Constitutional Court with regard of which the dissenting opinion of the justice is expressed, and the date of adoption thereof, the arguments substantiating the dissenting opinion shall be set forth and it shall be signed.
In the course of drawing up the dissenting opinion of the justice the requirements for confidentiality of the deliberation room of the Constitutional Court, which are entrenched in Article 53 of the Law on the Constitutional Court, may not be violated.
163. The justice shall present the dissenting opinion, which has been drawn up within the established time and under established procedure, to the President of the Constitutional Court, and copies thereof—to the justices. The President of the Constitutional Court shall present the reasoned dissenting opinion, which was expressed by the justice within the time provided for in the law, to the General Division of the Constitutional Court.
164. The reasoned dissenting opinion of the justice shall be attached to the considered case; the General Division of the Constitutional Court shall, not later than within 3 working days, inform, in writing, the parties to the case of this fact. The mass media shall also be informed of the dissenting opinion presented by the justice.
165. The dissenting opinion of a justice shall be published on the Internet website of the Constitutional Court.

Chapter IX
Final Provisions

166. The Constitutional Court prepares and publishes collections of rulings, conclusions and decisions adopted by it, and, if necessary, other publications.
167. The justices of the Constitutional Court whose term of office has expired receive a certificate of established form and have the right to visit the Constitutional Court without restrictions on working days.
168. The justices of the Constitutional Court whose term of office has expired are given premises for work so that they might be able to familiarise with the cases investigated by the Constitutional Court and other documents of the Constitutional Court.
169. The justices whose term of office has expired have the right to make use of the services of the library of the Constitutional Court, and receive publications of the Constitutional Court at the seat of the Constitutional Court.
170. By a decision of the Constitutional Court, other rights of the justices of the Constitutional Court whose term of office has expired may be established as well, which define the relations of former justices with the Constitutional Court.



 

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