Lietuviškai

                   THE CONSTITUTIONAL COURT OF                   
                    THE REPUBLIC OF LITHUANIA                    

                         D E C I S I O N                         

     Concerning   the   interpretation   of  item  1.  2  of  the
Constitutional Court Ruling of 22 December 1994

                    30 December 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 and Juozas Žilys,
     the secretary of the hearing - Rolanda Stimbirytė,
     the   petitioner   -   Seimas   member  Vidmantas  Žiemelis,
representative of a group of Seimas members,
     the    party    concerned   -   Seimas   member   Pranciškus
Vitkevičius, representative of the Seimas,
     pursuant  to  Article  61  of  the Law on the Constitutional
Court  of  the Republic of Lithuania, in the public court hearing
examined  the  request submitted by the Chairman of the Seimas of
the  Republic  of  Lithuania  to  interpret  item  1.  2  of  the
Constitutional Court Ruling of 22 December 1994

     The Constitutional Court
			has established:

     The  Chairperson  of the Seimas requests to interpret if the
provision  of  the  Constitutional  Court  Ruling  of 22 December
1994  'On  the compliance of Article 2 of the Law of the Republic
of  Lithuania  "On  the  Establishment  of  the  Supreme Court of
Lithuania,   Court  of  Appeal  of  Lithuania,  District  Courts;
Determination  of  the  Territories  of Activity for District and
Local  Courts,  also  Reformation  of  the Procurator's Office of
the  Republic  of  Lithuania"  of  15 June 1994 and the procedure
for  its  adoption  with  the  Constitution  of  the  Republic of
Lithuania'  that  '"the  powers of the judges of this Court shall
be   terminated"  contradicts  item  2  of  Article  115  of  the
Constitution  of  the  Republic  of  Lithuania' implies that "not
only  Supreme  Court  judges  shall  retain  their powers (unless
they  are  appointed,  at  their  own will, to another office, or
retire),  but  also  present  heads  of  the  Supreme Court shall
preserve  their  posts,  i.  e. the duties of the Chairperson and
deputy  Chairpersons  of  the  Supreme  Court,  after  1  January
1995."

     The Constitutional Court
			holds that:

     In  the  Constitutional  Court Ruling of 22 December 1994 it
is  stated  that  the  Seimas  ,  taking  into  consideration the
distribution  of  competence  of  the  former Supreme Court among
the  new  Supreme  Court,  Court of Appeal and district courts as
well  as  essential change of procedural functions of the Supreme
Court,  could  establish  another  than  earlier  number  of  the
Supreme  Court  judges.  However,  termination  of judges' powers
was  possible  only  pursuant  to  the  principles  prescribed by
Article  115  of the Constitution. Therefore, the concept of said
Law   "the   present  Supreme  Court  shall  be  liquidated"  was
interpreted  by  the  Constitutional Court not as the abolishment
of  the  supreme  legal  institution but as a certain conditional
way   of   the  implementation  of  court  reform.  Besides,  the
Constitutional  Court  did not deny the possibility to apply this
concept  with  regard to the internal organizational structure of
the Supreme Court.
     Article  115  of  the Constitution as well as other articles
and   the   above   mentioned  Constitutional  Court  Ruling  are
concerned  with  the  guarantees for the judge's independence and
not   with  the  status  of  the  heads  of  the  Supreme  Court.
Therefore,  the  Constitutional  Court,  while  deciding  if  the
provision  "the  powers  of  the  judges  of  this Court shall be
terminated"  of  the  first part of Article 2 of the 15 June 1994
Law  "On  the  Establishment  of  the Supreme Court of Lithuania,
Court  of  Appeal of Lithuania, District Courts; Determination of
the  Territories  of Activity for District and Local Courts, also
Reformation  of  the  Procurator's  Office  of  the  Republic  of
Lithuania"  is  in  compliance  with  the Constitution, evaluated
only the lawfulness of the termination of judges' powers.
     Furthermore,  the  Constitutional  Court emphasizes that the
Constitution  prescribes  another  than earlier was procedure for
the   formation  of  the  Supreme  Court.  Earlier,  the  Supreme
Council  first  appointed  the  Chairperson  of the Supreme Court
and  only  then  -  judges;  now, according to the second part of
Article  112  of the Constitution, the Supreme Court judges shall
be  appointed  first,  and  the  Chairperson of the Supreme Court
shall  be  chosen  from  among them. Consequently, in the process
of  court  reform, the Seimas can realize the competence provided
by  Article  112  of  the Constitution to appoint the Chairperson
of the Supreme Court from among the Supreme Court judges.

     Conforming  to  Article  61 of the Law on the Constitutional
Court, the Constitutional Court has taken the following
			decision:	

     To  interpret,  that  the  provision  of  item  1.  2 of the
Constitutional  Court  Ruling  of  22 December 1994 is applicable
only  to  the  Supreme Court judges but not to the Chairperson or
deputy Chairpersons of this Court.