Lietuviškai
THE CONSTITUTIONAL COURT OF
THE REPUBLIC OF LITHUANIA
D E C I S I O N
On the dismissal of the initiated legal proceedings of the
case concerning the compliance of the Government of the
Republic of Lithuania Resolution No 146 "On the restoration of
buildings for religious communities" of 28 February 1994 with
the fifth part of Article 43 of the Constitution of the
Republic of Lithuania, Articles 2 and 4 of the Restitution of
the Status of Catholic Church in Lithuania Act, and Articles 1
and 3 of the Law of the Republic of Lithuania "On the
Restoration of Houses of Prayer and Other Buildings for
Religious Communities" of 14 February 1990
29 September 1994, Vilnius
The Constitutional Court of the Republic of Lithuania,
composed from the 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 - Seimas member Antanas Napoleonas
Stasiškis and Zenonas Juknevičius, representatives of a group
of Seimas members,
the party concerned - Jadvyga Aleksaitė, representative of
the Government of the Republic of Lithuania, head of the
Department of Private Ownership under the Ministry of Justice
of the Republic of Lithuania,
in the court hearing of Case No 13/94 subsequent to the
petition submitted by a group of the Seimas of the Republic of
Lithuania members requesting to investigate if the Government
of the Republic of Lithuania Resolution No 146 "On the
restoration of buildings for religious communities" of 28
February 1994 is consistent with the fifth part of Article 43
of the Constitution of the Republic of Lithuania, Articles 2
and 4 of the Restitution of the Status of Catholic Church Act,
and Articles 1 and 3 of the Law of the Republic of Lithuania
"On the Restoration of Houses of Prayer and Other Buildings for
Religious Communities",
has established:
The representative of the party concerned requests to
dismiss the initiated legal proceedings of the case because the
Government has recognized the Resolution in dispute null and
void.
The Constitutional Court
holds that:
On 23 September 1994 the Government adopted Resolution No
881 "On the recognition of the Government of the Republic of
Lithuania Resolution No 146 of 28 February 1994 null and void"
(Official Gazette "Valstybės Žinios", No 75 - 1415, 1994). The
Government under this Resolution recognized the disputable
legal act null and void. The annulment of the act of law in
dispute shall be grounds to adopt a decision to dismiss the
initiated legal proceedings.
Conforming to the fourth part of Article 69 of the Law on
the Constitutional Court, the Constitutional Court has passed
the following
decision:
To dismiss the initiated legal proceedings of the case.