Lietuviškai
Case No. 12/94
THE CONSTITUTIONAL COURT OF
THE REPUBLIC OF LITHUANIA
D E C I S I O N
On the petition filed by a group of the Seimas
members to investigate if the Law of the Republic
of Lithuania on Credibility of Litas is in
compliance with the Constitution of the Republic
of Lithuania
Vilnius, 4 January 1995
The Constitutional Court of the Republic of Lithuania,
composed of the Justices of the Constitutional Court Algirdas
Gailiūnas, Kęstutis Lapinskas, Zigmas Levickis, Vladas
Pavilonis, Stasys Stačiokas, Teodora Staugaitienė, Stasys
Šedbaras and Juozas Žilys,
the secretary of the hearing - Rolanda Stimbirytė,
in its procedural sitting discussed the petition submitted
by the petitioner - a group of the Seimas members requesting to
investigate if the Law of the Republic of Lithuania on
Credibility of Litas is in compliance with Article 125 of the
Constitution of the Republic of Lithuania
The Constitutional Court
has established:
The petitioner - a group of the Seimas members - requests
to investigate if the Law of the Republic of Lithuania on
Credibility of Litas (Official Gazette "Valstybės Žinios", No.
24-378, 1994) is in compliance with Article 125 of the
Constitution.
The petitioner grounds his request on the following
arguments:
Norms of the first and third parts of Article 2 as well as
of the second part of Article 3 of the Law of the Republic of
Lithuania on Credibility of Litas oblige the Bank of Lithuania
to execute currency issue under conditions and to the extent
established by other state institutions, they actually allow
the Seimas and the Government to take part in the process of
currency issue. At the same time said norms of the Law on
Credibility of Litas liquidate self-dependence of the Bank of
Lithuania in the sphere of currency issue, they virtually
establish that the right of currency issue belongs not only to
the Bank of Lithuania but also to other state institutions, and
make formal the right of the bank currency issue.
It is established in Article 5 of the Constitution that
the powers of the State shall be exercised by the Seimas, the
President of the Republic and the Government, and the
Judiciary. It is also pointed out in this article that the
scope of powers shall be defined by the Constitution.
Authorizations of the Seimas are established in Article 67 of
the Constitution. It does not grant the Seimas the right to
regulate questions, the settlement of which in accordance with
the Constitution is designated for the competence of other
state institutions (in this case - of the Bank of Lithuania).
The Seimas therefore, while establishing the rules in the Law
on Credibility of Litas, the right to establish which,
according to the Constitution, is vested in the Bank of
Lithuania only, has exceeded its powers.
The Constitutional Court
holds that:
On 17 March 1994 the Seimas adopted the Law of the
Republic of Lithuania on Credibility of Litas, the norms of
which established the procedure of issue of Litas of the Bank
of Lithuania and regulated other matters related to that.
The petitioner requests to investigate if the Law of the
Republic of Lithuania on Credibility of Litas is in compliance
with Article 125 of the Constitution, as, to his opinion, the
exceptional right to currency issue of the Bank of Lithuania is
restrained by this law. However, while giving reasons for his
petition, the petitioner virtually motivates only by the
provisions of the first and third parts of Article 2 and of the
second part of Article 3 of this law.
Restrictions of issue of the Bank of Lithuania, pointed
out by the petitioner, first of all ensue from Article 3 of the
Law of the Republic of Lithuania on Credibility of Litas. In
the meanwhile, on 20 July 1994 the Seimas adopted the Law "On
Amendment of Article 3 of the Law of the Republic of Lithuania
on Credibility of Litas" ("Valstybės Žinios" No. 81-1516,
1994). On 1 December 1994 a new Law on the Bank of Lithuania
was also adopted ("Valstybės Žinios" No. 99-1957, 1994), in
Article 6 of which the exceptional right of the Bank of
Lithuania to issue currency was respectively formulated.
Since amendments of the law in dispute, and later of other
laws, had been made, on 16 September 1994 a suggestion was made
for the petitioner to more exactly define his petition and
motives. The petitioner has not answered to this suggestion.
The fact, that a part of the act in dispute has been
annulled, and nobody has appealed to the Constitutional Court
in regard with constitutionality of the new norms and no
additional motives have been submitted, on the grounds of which
it would be possible to investigate the issue concerning the
unconformity of said law with the Constitution, shall form the
basis to take the decision to terminate the commenced legal
proceedings.
Conforming to item 5, part 1, Article 69 and part 4
thereof and Article 28 of the Law on the Constitutional Court,
the Constitutional Court shall take the following
decision:
To terminate the legal proceedings commenced in this case.
Justices of the Constitutional Court:
Algirdas Gailiūnas
Kęstutis Lapinskas
Zigmas Levickis
Vladas Pavilonis
Stasys Stačiokas
Teodora Staugaitienė
Stasys Šedbaras
Juozas Žilys