Lietuviškai
THE CONSTITUTIONAL COURT OF
THE REPUBLIC OF LITHUANIA
D E C I S I O N
On the request of a group of members of the Seimas
of the Republic of Lithuania to investigate
whether the Republic of Lithuania Law on the
Amendment of Article 29 of the Law on the
Provision of Information to the Public is in
compliance with the Constitution of the Republic
of Lithuania
Vilnius, 30 June 2000
The Constitutional Court of the Republic of Lithuania,
composed of the Judges of the Constitutional Court Egidijus
Jarašiūnas, Egidijus Kūris, Zigmas Levickis, Augustinas
Normantas, Vladas Pavilonis, Jonas Prapiestis, Vytautas
Sinkevičius, Stasys Stačiokas, and Teodora Staugaitienė,
with the secretary of the sitting-Daiva Pitrėnaitė,
in its procedural sitting has discussed the question of
dismissal of the legal proceedings in the case subsequent to
the petition of a group of members of the Seimas of the
Republic of Lithuania requesting to investigate whether the 5
December 1996 Republic of Lithuania Law on the Amendment of
Article 29 of the Law on the Provision of Information to the
Public is in compliance with the Constitution of the Republic
of Lithuania.
The Constitutional Court
has established:
On 2 July 1996, the Seimas passed the Republic of
Lithuania Law on the Provision of Information to the Public
(Official Gazette Valstybės žinios, 1996, No. 71-1706).
On 5 December 1996, the Seimas passed the Republic of
Lithuania Law on the Amendment of Article 29 of the Law on the
Provision of Information to the Public ((Official Gazette
Valstybės žinios, 1996, No. 121-2848). In this law Part 3 of
the said article was amended and set forth as follows:
"3. The Council shall be the highest governing body of the
National Radio and Television of Lithuania, established for
period of 3 years and comprised of 15 individuals. The
representatives to the Council of the National Radio and
Television of Lithuania shall be delegated from the following
social and artistic performers organisations: the Lithuanian
Architects' Union, Lithuanian Artists' Union, Society of the
Lithuanian Language, Lithuanian Catholic Academy of Science,
Lithuanian Cinematographers' Union, Lithuanian Composers'
Union, Lithuanian Periodical Press Publishers' Association,
Lithuanian Association of Chamber of Industry, Commerce and
Crafts, Lithuanian Writers' Union, Charter of Citizens of the
Republic of Lithuania, Family Centre of Lithuania, Lithuanian
Theatre Union, Lithuanian Lawyers' Society, Lithuanian
Journalists' Society, and Lithuanian Journalists' Union. The
formation of the Council of the National Radio and Television
of Lithuania shall be organised by the Seimas Education,
Science and Culture Committee."
On 17 December 1998, a group of Seimas members appealed to
the Constitutional Court with a petition requesting to
investigate whether the 5 December 1996 Republic of Lithuania
Law on the Amendment of Article 29 of the Law on the Provision
of Information to the Public was in compliance with Article 1,
Part 2 of Article 44, Part 4 of Article 48 and Part 2 of
Article 50 of the Constitution of the Republic of Lithuania.
The Constitutional Court
holds that:
On 28 March 2000, the Seimas passed a new Republic of
Lithuania Law on the Amendment of Article 29 of the Law on the
Provision of Information to the Public ((Official Gazette
Valstybės žinios, 2000, No. 30-829). In this law the formation
of the Council of the Radio and Television of Lithuania was
newly regulated:
"5. The highest governing body of the Radio and Television
of Lithuania shall be a council representing interests of
society. It shall be established for a period of 6 years and
comprised of 12 individuals who are public men, scientists and
cultural workers. For the first term of office of this council
formed under procedure of this law, 4 of the members shall be
appointed by the President of the Republic for 6 years; 4 of
the members shall be appointed by the Seimas (2 members shall
be appointed from the candidates nominated by opposition
factions) for 4 years; 4 of the members shall be delegated from
these organisations (one member each) for 2 years: the
Lithuanian Art Workers Association, Council of Science of
Lithuania, Council of Education of Lithuania, and Conference of
Bishops of Lithuania. Upon expiration of the term of office of
a member of the council, the institution (organisation) which
appointed or delegated him shall appoint a new member for a
period of 6 years. The composition of the Council of the Radio
and Television of Lithuania shall be confirmed by the Seimas."
Under Part 4 of Article 69 of the Republic of Lithuania
Law on the Constitutional Court, the annulment of a disputable
legal act shall be grounds to adopt a decision to dismiss the
initiated legal proceedings.
After a new Law on the Amendment of Article 29 of the Law
on the Provision of Information to the Public had gone in
effect on 13 April 2000, the law disputed by the petitioner
became null and void.
Taking account of this, the initiated legal proceedings
are to be dismissed.
Conforming to Article 28 and Part 4 of Article 69 of the
Republic of Lithuania Law on the Constitutional Court, the
Constitutional Court has adopted the following
decision:
To dismiss the initiated legal proceedings in the case.