Lietuviškai
THE CONSTITUTIONAL COURT OF
THE REPUBLIC OF LITHUANIA
DECISION
Concerning the compliance of the Seimas decision
adopted on June 10, 1993, not to include into the
session schedule of sittings the draft decision
"On the termination of the Seimas member powers of
K.Bobelis" with the Constitution of the Republic
of Lithuania
1 October 1993, Vilnius
The Constitutional Court of the Republic of Lithuania,
composed from the Justices of the Constitutional Court Algirdas
Gailiūnas, Zigmas Levickis, Vladas Pavilonis, Pranas Vytautas
Rasimavičius, Teodora Staugaitienė, Stasys Šedbaras and Juozas
Žilys,
the secretary of the hearing - Rolanda Stimbirytė,
the petitioner - Vidmantas Žiemelis and advocate Isaakas
Kaganas, representatives of the group of Seimas members,
the party concerned - the Seimas representative Juozas
Bernatonis,
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 5, subsequent to the petition
submitted to the Court by the petitioner - a group of the
Seimas of the Republic of Lithuania members - to investigate
the conformity of the Seimas decision, adopted on June 10,
1993, not to include into the session schedule of sittings the
draft decision "On the termination of the Seimas member powers
of K.Bobelis" with Part 6 of Article 63 of the Constitution of
the Republic of Lithuania.
The Constitutional Court
established:
A group of members of the Seimas in June 8 1993 sitting of
the Seimas of the Republic of Lithuania suggested the inclusion
into the sitting agenda of the consideration of the issue
concerning the Seimas draft decision "On the termination of the
Seimas member powers of K.Bobelis". In said draft it is
maintained that Seimas member K.Bobelis has grossly violated
Part 3 of Article 31 of Law of the Republic of Lithuania on
Elections to the Seimas as he did not repudiate on oath of a
citizen administered to another state according to the
procedure prescribed by that state. In the draft decision the
suggestion was made with regard to Part 6 of Article 63 of the
Constitution of the Republic of Lithuania, to terminate the
Seimas member powers of K.Bobelis and to commission the Central
Electoral Committee to organize elections to Marijampolė one -
candidate electoral area No 29 within three months.
The Seimas did not include the consideration of this issue
into the agenda of June 8th sitting but, on the basis of
Article 79 of the Provisional Seimas Statute, included it into
the agenda of June 10th sitting.
In the Seimas sitting of June 10 1993, the group of the
Seimas members submitted for the consideration the draft
decision "On the termination of the Seimas member powers of
K.Bobelis". After the presentation and discussions according to
the procedure prescribed by Article 188 of the Provisional
Seimas Statute, the Seimas adopted the decision not to include
into the session schedule of sittings the said draft decision
(The decision is recorded in the minutes No 56 (117) of the
sitting of June 10, 1993, which has been submitted along with
the petition).
The petitioner requests the Constitutional Court to
investigate the compliance of the decision of the Seimas
sitting of June 10, 1993 with Part 6 of Article 63 of the
Constitution of the Republic of Lithuania.
The request is grounded on Part 3 of Article 31 of Law of
the Republic of Lithuania on Elections to the Seimas which
establishes that candidates to the Seimas members, who have
taken an oath of a citizen of another state, must repudiate it
in writing. The logical explanation of this provision as well
as the perception of the subject's relationship with a certain
state leads to the necessity to submit the above mentioned
written repudiation to the state to which the citizen's oath
has been administered. In the note of Embassy of the United
States of America in Lithuania to the Ministry of Foreign
Affairs of the Republic of Lithuania it is confirmed that the
Seimas member K.Bobelis' repudiation of an oath of a citizen of
the United States of America, submitted to the Central
Electoral Committee, did not have any legal action
(consequence). The Seimas of the Republic of Lithuania decision
is a legal act adopted by the Seimas, thus, pursuant to Article
105 of the Constitution of the Republic of Lithuania, the
Constitutional Court can consider the conformity of this legal
act with the Constitution of the Republic of Lithuania.
The representative of the petitioner also requested to
investigate in the court hearing of the Constitutional Court
the conformity of the Seimas decision, adopted on June 10,
1993, to reject the Seimas of the Republic of Lithuania draft
decision "On the termination of the Seimas member powers of
K.Bobelis" with the Constitution of the Republic of Lithuania.
In the opinion of the representatives of the petitioner, the
Seimas adopted one decision concerning the submitted draft
decision, which holds two resolutions: (1) not to include into
the Session schedule of sittings the submitted draft decision
and (2) to reject this draft.
The representative of the party concerned explained that
the petitioner's request is not justified and the arguments of
the request are not connected with the provisions established
in the Constitution of the Republic of Lithuania. In compliance
with Part 1 of Article 105 of the Constitution of the Republic
of Lithuania and item 1 of Part 1 of Article 63 of Law on the
Constitutional Court, the Constitutional Court examines the
cases concerning the conformity of legal acts with the
Constitution of the Republic of Lithuania. In the opinion of
the interested person's representative, the Seimas did not
adopt a legal act but only voted on procedural matter in
compliance with the provisions established in Parts 2 and 3 of
Article 188 as well as item 5 of Article 189 of the Provisional
Seimas Statute. Therefore, the resolution adopted by such
voting is not subject to investigation in the Constitutional
Court. Besides this decision does not contain the contents, on
the basis of which the petitioner appealed to the
Constitutional Court. The representative of the party concerned
also explained that the Seimas at his own discretion
establishes the schedule of sittings pursuant to the provisions
prescribed by the Provisional Seimas Statute. This right of the
Seimas is limited by the Constitution of the Republic of
Lithuania which establishes concrete issues the Seimas shall
consider. In the opinion of the interested person's
representative, the request of the petitioner can not be
complied with.
The Constitutional Court
holds that:
1. Pursuant to Part 1 of Article 105 and item 1 of Part 1
of Article 63 of the Law of the Republic of Lithuania on the
Constitutional Court, the Constitutional Court shall consider
and adopt decisions concerning the conformity of laws of the
Republic of Lithuania and legal acts adopted by the Seimas with
the Constitution of the Republic of Lithuania. In the
petitioner's request the constitutional issue is formulated,
i.e. a request is made to investigate if the Seimas decision,
adopted on June 10, 1993, not to include the draft decision "On
the termination of the Seimas member powers of K.Bobelis" into
the session schedule of sittings is in conformity with the
Constitution of the Republic of Lithuania. Thus, the
investigation of this request is within the jurisdiction of the
Constitutional Court.
2. The Constitutional Court, while evaluating the
petitioner's legal motives that the Seimas refusal to consider
the issue concerning the Seimas member powers of K.Bobelis,
relies on the constitutional provisions regulating the status
of the Seimas. In compliance with Article 76 of the
Constitution of the Republic of Lithuania, the structure and
procedure of activities of the Seimas shall be determined by
the Statute of the Seimas. The Seimas is free to make decisions
within the limits established by the Constitution of the
Republic of Lithuania.
The Seimas disputable decision was adopted in compliance
with the rule set forth in Part 2 of Article 69 of the
Constitution of the Republic of Lithuania establishing that
Seimas legal acts shall be deemed adopted if the majority of
the Seimas members participating in the sitting vote in favour
thereof. Thus the Seimas did not violate the above mentioned
constitutional provision.
3. Pursuant to Point 1 of Part 1 of Article 64 of the Law
of the Republic of Lithuania on the Constitutional Court, the
Constitutional Court investigates if the entire legal act or a
part thereof contradicts the Constitution of the Republic of
Lithuania according to the contents of norms. The Seimas in its
decision did not evaluate the validity of the Seimas member
K.Bobelis' election as well as did not pass any decision
concerning his deputy powers with regard to Part 6 of Article
63 of the Constitution of the Republic of Lithuania. This
decision did not hold the settling of those constitutional
issues that are raised in the petitioner's request. Therefore
the petitioner's statement, that the Seimas decision not to
include the submitted draft decision into the session schedule
of sittings fails to comply with Part 6 of Article 63 of the
Constitution of the Republic of Lithuania, is groundless.
The Constitutional Court, pursuant to Article 782 of the
Law of the Republic of Lithuania on Elections to the Seimas,
shall examine and evaluate the decisions made by the Central
Electoral Committee or the refusal thereof to examine
complaints concerning violations of the Law on Elections to the
Seimas in cases when such decisions where adopted or other
actions where carried out by the Committee after the
termination of voting and when such inquiry is submitted to the
Constitutional Court by the Seimas or by the President of the
Republic within 3 days after the publication of official
election results. Subsequent to the conclusions drawn by the
Constitutional Court, the Seimas shall adopt the final decision
concerning the violation of the Law on Elections to the Seimas.
Therefore, the Constitutional Court cannot settle the
petitioner's request on the merits.
4. The statement of the petitioner's representatives that
the Seimas has adopted two resolutions in one decision, is not
legally motivated. This can be confirmed by the minutes of June
10th 1993 sitting, which proves that two different decisions
concerning the submitted draft decision where adopted. The
petitioner in the request does not dispute the decision to
reject the Seimas draft decision "On the termination of the
Seimas member powers of K.Bobelis", therefore, in this case the
conformity of the above mentioned decision with the
Constitution of the Republic of Lithuania shall not be
investigated.
Pursuant to Article 102 of the Constitution of the
Republic of Lithuania and Articles 53, 54, 55 and 56 of the Law
of the Republic of Lithuania on the Constitutional Court, the
Constitutional Court has taken the following decision:
To recognize that the Seimas of the Republic of Lithuania
decision, adopted on June 10, 1993, not to include into the
session schedule of sittings the draft decision "On the
termination of the Seimas member powers of K.Bobelis" does not
contradict the Constitution of the Republic of Lithuania.
This Constitutional Court decision is final and not
subject to appeal.
The decision is promulgated on behalf of the Republic of
Lithuania.