Lietuviškai
THE CONSTITUTIONAL COURT OF
THE REPUBLIC OF LITHUANIA
DECISION
On the compliance of the decision of the Seimas of the
Republic of Lithuania "On the dissolution of Vilnius City
Council and some measures necessary to improve the activities
in local governments", adopted on April 15, 1993, with the
Constitution of the Republic of Lithuania
17 September 1993, Vilnius
The Constitutional Court of the Republic of Lithuania,
composed from Justices of the Constitutional Court Algirdas
Gailiūnas, Kęstutis Lapinskas, Zigmas Levickis, Vladas
Pavilonis, Pranas Vytautas Rasimavičius, Stasys Stačiokas,
Teodora Staugaitienė, Stasys Šedbaras and Juozas Žilys,
the secretary of the hearing - Rolanda Stimbirytė,
the petitioner - Petras Algirdas Miškinis, representative
of the group of the members of the Seimas,
the party concerned - the Seimas representatives Juozas
Bernatonis and Nijolė Šidagienė,
pursuant to Part 1 of Article 102 of the Constitution of
the Republic of Lithuania and Part 1 of Article 1 of Law on the
Constitutional Court, the Court in its public sitting conducted
the investigation of Case No 2 subsequent to the petition
submitted to the Court by a group of the Seimas members to
investigate the conformity of the Seimas decision, adopted on
April 15, 1993 "On the dissolution of Vilnius City Council and
some measures necessary to improve the activities in local
governments" with the Constitution of the Republic of
Lithuania.
The Constitutional Court
established:
Subsequent to the suggestions made by the Government of
the Republic of Lithuania as well as the Seimas Committee for
local governments, the Seimas of the Republic of Lithuania, by
the decision "On the commission for the investigation of the
situation in Vilnius City Council and Board", adopted on
February 3, 1993, formed the commission and obligated it to
present their conclusions to the Seimas until 31 March, 1993.
The commission has taken two alternative decisions:
1. Not to recommend the Seimas of the Republic of
Lithuania to dissolve Vilnius City Council and to resolve the
issue of dismissing guilty officials from their respective
posts.
2. To take measures for the dissolution of Vilnius City
Council.
The Seimas Committee for local governments in the sitting
on 22 March, 1993 considered the conclusions of the Commission,
approved of them and appealed to the Seimas with the request to
change the status of the Commission entitling it to the right
of proposing the Seimas to dissolve Vilnius City Council.
The Seimas, pursuant to Article 123 of the Constitution of
the Republic of Lithuania and Article 28 of the Law of the
Republic of Lithuania "On the Fundamentals of Local Government
" as well as the Law "On Direct Administration on Local
Government Territory" and on the basis of the conclusions of
the Commission formed to investigate the situation in Vilnius
City Council and Board, on April 15, 1993 adopted the decision
"On the dissolution of Vilnius City Council and some measures
necessary to improve the activities in local governments". The
Seimas decided :
1. To dissolve Vilnius City Council of local government
and to introduce direct administration on local government
territory until the formation of the new Vilnius City Council.
In the time of direct administration on local government
territory to suspend the validity of the Law of the Republic of
Lithuania on Fundamentals of Local Government.
2. In conformity with Part 7 of Article 26 of the Law on
Labour Contract, to dismiss from office Valentinas Šapalas,
chairman of Vilnius City Council, Alvydas Karalius, deputy
chairman of the Council, Vytautas Jasiulaitis, mayor of the
city and Vidutis Kamaitis, deputy mayor of the city.
3. To charge the Government of the Republic of Lithuania
with:
(1) immediately appointing an authorised official of the
Government on Vilnius territory and resolving the issues of
transferring to him material values and documentation.
(2) approving the appointment and salary lists of the
staff of the Executive body of the authorised official.
4. To organize elections to Vilnius City Council until
November 28, 1993.
5. To commission the Seimas Committee for Local
Governments of the Republic of Lithuania until May 15, 1993 to
draft the amendments to the laws of the Republic of Lithuania
on the Fundamentals of Local Government and Elections to
Councils of Local Government; and the Central Electoral
Committee - to amend the procedure of the elections to councils
of local governments prescribed by law and set the date for the
elections to Vilnius City Council.
6. To present to the Prosecutor General of the Republic of
Lithuania the material collected by the commission formed to
investigate the situation in Vilnius City Council and Board.
(Parliamentary Record of the Seimas of the Republic of
Lithuania, 1993, No 13-314).
The petitioner requests the Constitutional Court to
investigate the conformity of the Seimas decision, dated April
15, 1993, "On the dissolution of Vilnius City Council and some
measures necessary to improve the activities in local
governments" with the Constitution of the Republic of
Lithuania. The request is based on the following legal motives:
1. The Seimas decision was passed in the violation of Part
2 of Article 69 of the Constitution of the Republic of
Lithuania, as this decision was not adopted by majority vote of
the Seimas members participating in the sitting.
2. The decision in its contents contradicts the provision
established in Part 4 of Article 123 of the Constitution of the
Republic of Lithuania which does not provide for the
dissolution of the Council of local government. For the purpose
of regulating the fundamentals and the procedure of the
introduction of direct administration, the Seimas should enact
a law or coordinate the law adopted on December 27, 1992 "On
Direct Administration on Local Government Territory" with the
Constitution of the Republic of Lithuania. The above mentioned
law was adopted at the time when the Provisional Basic Law was
in force on the territory of the Republic of Lithuania.
3. The Seimas groundlessly relied on Article 28 of the Law
on the Fundamentals of Local Government, promulgated on
February 12, 1990, as the conclusions of the Commission did not
specify which acts of the bodies of local government
contradicted the Constitution of the Republic of Lithuania.
Besides, there were no directives on the part of any authorised
State bodies to terminate unlawful actions of the City Council.
Representatives of the party concerned, considering that
the Seimas decision is in compliance with the Constitution of
the Republic of Lithuania, suggested the following explanation
to the Constitutional Court:
1. The Seimas in passing the decision relied on the
Provisional Seimas Statute, which regulates the procedure of
the enactment of the Seimas laws and other regulations. In
conformity with provisions of the Statute, the number of the
Seimas members participating in the sitting shall be
established by the registration before voting. During the
adoption of Part 1 105 Seimas members were registered, among
them 53 members voted in favour of it, therefore, this part was
adopted in full conformity with the established in the Seimas
procedure. The Seimas members who observe evident violation of
the Provisional Seimas Statute, did not take into consideration
the procedure established in Article 98 of the Statute which
provides for the right to demand further investigation of the
case within no less than a week.
2. Article 3 of the Law on the Procedure of the
Enforcement of the Constitution of the Republic of Lithuania
establishes that provisions of the laws of the Republic of
Lithuania which determine the status of the supreme
institutions of State power and administration of the Republic
of Lithuania as well as the status of deputies of local
governments shall be effective until the elected Seimas decides
otherwise. In conformity with this Article the conclusion is
drawn that the Law on the Fundamentals of Local Government as a
whole and its Article 28, taken separately, as well as the Law
on Direct Administration on Local Government Territory are
valid. It is established in these laws that the introduction of
direct administration on local government territory is
connected with the dissolution of the Council of local
government. Nevertheless, the petitioner does not appeal to the
Court according to the procedure prescribed by law to prove the
compliance of these laws with the Constitution of the Republic
of Lithuania.
3. Article 28 of the Law on the Fundamentals of Local
Government provides for three legal cases of the dissolution of
the Council of local government. Each of them, taken
separately, can be a ground for the dissolution of the Council
of local government. The conclusions of the Commission as well
as their inseparable certificates contain data enough to prove
constant and gross violations of laws committed by Vilnius City
Council and other executive bodies, which disregard the demands
of State bodies to terminate unlawful acts. Vilnius City
Council did not exercise control over the activities of
executive bodies accountable to it.
The Constitutional Court
holds that:
1. Pertaining to the compliance of the adoption procedure
of the decision of the Seimas of the Republic of Lithuania "On
the dissolution of Vilnius City Council and some measures
necessary to improve the activities in local governments"
adopted on April 15, 1993, with the Constitution of the
Republic of Lithuania.
Pursuant to Point 4 of Part 1 of Article 64 of the Law on
the Constitutional Court, the Court examines a case concerning
the compliance of a legal act with the Constitution of the
Republic of Lithuania only according to the procedure of
adoption which has been specified in the Constitution.
Article 69 of the Constitution of the Republic of
Lithuania establishes the rules of law enactment. Part 2 of
Article 69 establishes a universally recognized provision that
laws shall be deemed adopted if the majority of the Seimas
members participating in the sitting vote in favour thereof.
The Constitution also establishes the rules of the
Constitutional laws enactment and amendment or supplementing by
a majority vote of two - thirds of the total number of the
deputies. The Constitution of the Republic of Lithuania does
not provide for other provisions concerning the adoption of
laws or other acts of the Seimas. In the adoption of the Seimas
decision in dispute the general rule established in Part 2 of
Article 69 of the Constitution of the Republic of Lithuania had
to be observed.
The Seimas is given the right by the Constitution of the
Republic of Lithuania to establish concrete procedures of law
enactment in accordance with law. At present these procedures
are determined in the Provisional Statute of the Seimas. The
number of Seimas members participating in the sitting is fixed
at the beginning of the sitting by way of their registration
or, upon the instruction of the Chairman of the Seimas, during
the sitting. Subsequent to the evidence, the Constitutional
Court has drawn the conclusions that the registration of the
Seimas members was conducted immediately before voting Part 1
of the decision in dispute. The results of voting showed that
Part 1 of the decision "On the dissolution of Vilnius City
Council and some measures necessary to improve the activities
in local governments" was adopted by the majority vote of all
the Seimas members participating in the sitting.
2. Pertaining to the compliance of the Seimas decision "On
the dissolution of Vilnius City Council and some measures
necessary to improve the activities in local governments" with
Article 123 of the Constitution of the Republic of Lithuania.
Article 152 of the Constitution of the Republic of
Lithuania prescribes that the procedure for the enforcement of
this Constitution and separate provisions thereof shall be
regulated by Law of the Republic of Lithuania "On the Procedure
for the Enforcement of the Constitution of the Republic of
Lithuania", which together with the Constitution of the
Republic of Lithuania was adopted by referendum.
In compliance with Article 3 of this law, provisions of
the laws of the Republic of Lithuania which determine the
status of the supreme institutions of State power and
administration of the Republic of Lithuania as well as the
status of deputies and local governments shall be effective
until the elected Seimas decides otherwise. Therefore, Part 1
of Article 123 of the Constitution of the Republic of Lithuania
entitles Seimas to the right to introduce direct administration
on local government territory in cases and according to the
procedures provided by law, that are determined by Law "On the
Fundamentals of Local Government", 12 February, 1990 and Law
"On Direct Administration on Local Government Territory", 27
December, 1990.
Article 2 of the Law of the Republic of Lithuania "On
Direct Administration on Local Government territory"
establishes that direct administration is introduced on the
dissolution of a respective local government Council, on the
release from office officials appointed or elected to this post
and on the suspension of the validity of the laws on local
government.
The Seimas of the Republic of Lithuania is entitled to the
right to apply these laws, to resolve the issue of the
dissolution of the Council of local government, temporarily
introducing direct administration and suspending the laws of
local government on its territory. This procedure shall be
changed by a new law.
The Seimas of the Republic of Lithuania while adopting the
decision "On the dissolution of Vilnius City Council and some
measures necessary to improve the activities in local
governments" relied on Article 28 of the Law "On the
fundamentals of Local Government" which provides for the
following cases and procedures of the dissolution of Council of
local government: if the activity of the bodies of local
government contradicts the Basic Law of the Republic of
Lithuania; if the bodies of local government grossly violate
the laws of the Republic of Lithuania or constitutional rights
of citizens, disregarding the demands of the authorized state
bodies of the Republic of Lithuania to terminate illegal
action. The Council of local government shall be dissolved by
the motivated decision of the Seimas of the Republic of
Lithuania adopted on the basis of the conclusions presented by
the specially formed commission of the deputies of the Seimas.
The Commission formed to investigate the situation in
Vilnius City Council and Board stated in their conclusions and
suggestions that Vilnius City Council does not resolve the
issue concerning the economic and strategic infrastructure of
the city, does not effectively supervise the activities of the
Board, does not have the conception of the city territory
supervision for which reason the activities of the Council of
People's Deputies are diminished, does not exercise control of
the process of privatization, constant violations of the
directives of the Government concerning the lease of
uninhabited lodging can be observed, it rents plots of land on
a non-competition basis and the organization of the
privatization of the plots of land is insufficient. Some
officials abusing their official position, have acquired or
changed their flats. In the conclusions and suggestions it is
specified that Vilnius City Council and its Board have made
violations of the financial discipline in establishing the
tariffs of housing maintenance, did not ensure the supply of
the citizens with hot water according to fixed timetables as
well as other violations established in certificates No 4, No
5, No 6.
However, the Commission, having enumerated all the above
mentioned violations, did not qualify them according to the
provisions prescribed in Part 1 of Article 28 of the Law "On
the Fundamentals of Local Government" as well as did not shape
the conclusion concerning the dissolution of Vilnius City
Council, presenting the Seimas only two alternative decisions.
The Seimas of the Republic of Lithuania in the decision
"On the dissolution of Vilnius City Council and some measures
necessary to improve activities in local governments" did not
specify legal motives, i.e. the decision does not specify which
decisions and regulations of Vilnius City Council and local
government contradict the law of the Republic of Lithuania and
the constitutional rights of the citizens.
The Seimas, having adopted the unmotivated decision,
violated the provision of Part 2 of the Law of the Republic of
Lithuania "On the Fundamentals of Local Government", which is
based on Article 123 of the Constitution of the Republic of
Lithuania.
Pursuant to Article 102 of the Constitution of the
Republic of Lithuania as well as Articles 53, 54, 55 and 56 of
the Law on the Constitutional Court, the Constitutional Court
has taken the following decision:
The Seimas decision, adopted on April 15, 1993, "On the
dissolution of Vilnius
City Council and some measures necessary to improve the
activities in local governments" contradicts Article 123 of the
Constitution of the Republic of Lithuania.
This decision of the Constitutional Court is final and
shall not be appealed against.
The decision is promulgated on behalf of the Republic of
Lithuania.