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The Constitutional Court does not perform preliminary judicial review of laws.
The Constitutional Court decides the constitutionality issues of enacted laws
and other legal acts (a posteriori control). The Constitutional Court examines a
case only when the entities prescribed by the Constitution address the
Constitutional Court with a petition requesting to determine the conformity of a
law or a legal act with the Constitution.
The right to file a petition with the Constitutional Court concerning the
constitutionality of a legal act is vested in: (1) the Government, groups
consisting of at least 1/5 of all Seimas members, and the courts for cases
concerning a law or other act adopted by the Seimas; (2) groups consisting of at
least 1/5 of all Seimas members and the courts for cases concerning an act of
the President of the Republic; and (3) groups consisting of at least 1/5 of all
Seimas members, the courts, and the President of the Republic for cases
concerning governmental acts. The Constitutional Court passes rulings on these
issues.
The case for the Constitutional Court hearing is prepared by the justice-rapporteur
appointed by the President. At the beginning of Constitutional Court hearings
the Court announces which of the summoned persons are present, informs parties
to the case of their rights and duties, hears and settles requests of parties to
the case. The justice-rapporteur delivers his report in which the essence of the
case is presented. After this, the statements of the parties to the case are
heard, the evidence is examined and court pleadings take place. The ruling must
be adopted within one month after the end of the investigation of the case.
After the court hearing the Constitutional Court retires to the deliberation
room to pass a ruling.
Rulings of the Constitutional Court are promulgated on behalf of the Republic of
Lithuania. The decisions of the Constitutional Court ascribed to its competence
by the Constitution are final and not subject to appeal. Constitutional Court
rulings have the power of law and are obligatory for all institutions of
authority, courts, all enterprises, establishments and organisations, officials
and citizens (erga omnes).
Under the Constitution, laws of the Republic of Lithuania (or a part thereof) or
other Seimas acts (or a part thereof), acts of the President of the Republic, or
acts of the Government (or a part thereof) shall not be applicable from the day
that a Constitutional Court ruling stating that the appropriate act (or a part
thereof) conflicts with the Constitution of the Republic of Lithuania is
officially published (ex nunc).
The force of a Constitutional Court ruling recognising a legal act (or a part
thereof) unconstitutional may not be overcome by repeated enactment of an
equivalent legal act (or a part thereof).
The Constitutional Court also presents the following conclusions: (1) whether
violations of the laws on elections occurred during the elections of the
President of the Republic or the Seimas; (2) whether the capacity of the
President of the Republic to continue in office is limited by reason of health;
(3) whether international agreements of the Republic of Lithuania are in
conformity with the Constitution; (4) whether the concrete actions of the Seimas
members or state officials against whom impeachment proceedings have been
initiated contradict the Constitution.
The Seimas may request the Constitutional Court to draw a conclusion. The
President of the Republic may address the Constitutional Court to draw a
conclusion concerning the election of Seimas members and regarding international
treaties. The conclusion concerning international treaties may be requested
already prior to its ratification in the Seimas. The Seimas, conforming to the
Constitutional Court conclusions, adopts the final decision.
The Constitutional Court investigates cases and arrives at conclusions
collectively, provided that not less than two-thirds of all the justices of the
Constitutional Court are participating. Rulings and decisions are 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 President is decisive. Constitutional Court
hearings are open.
The Constitutional Court investigates and decides only legal issues and refuses
to consider petitions for the examination of the constitutionality of a legal
act if the petition is grounded upon non-legal motives.
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