Lietuviškai
THE CONSTITUTIONAL COURT OF THE REPUBLIC OF
LITHUANIA
DECISION
ON THE REQUEST TO DETERMINE WHETHER THE REPUBLIC OF
LITHUANIA LAW "ON THE PROCEDURE OF REORGANISATION AND
LIQUIDATION OF ESTABLISHMENTS OF CULTURE" (THE 13 JUNE 1995
WORDING OF LAW NO. I-947) IS IN COMPLIANCE WITH PARAGRAPH 2 OF
ARTICLE 120 OF THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA,
PARAGRAPH 1 OF ARTICLE 3, PARAGRAPHS 2 AND 5 OF ARTICLE 4,
PARAGRAPH 1 OF ARTICLE 6 OF THE EUROPEAN CHARTER OF LOCAL
SELF-GOVERNMENT, AND WHETHER ITEM 2.4 OF RESOLUTION OF THE
GOVERNMENT OF THE REPUBLIC OF LITHUANIA NO. 1320 "ON THE HOUSE
OF THE SIGNATORIES TO THE LITHUANIAN INDEPENDENCE AND THE
PALACE OF LITHUANIAN ARTISTS" OF 28 NOVEMBER 1997 IS IN
COMPLIANCE WITH PARAGRAPH 2 OF ARTICLE 120 OF THE CONSTITUTION
OF THE REPUBLIC OF LITHUANIA, PARAGRAPH 1 OF ARTICLE 3,
PARAGRAPHS 2 AND 5 OF ARTICLE 4, PARAGRAPH 1 OF ARTICLE 6 OF
THE EUROPEAN CHARTER OF LOCAL SELF-GOVERNMENT AND ITEM 4 OF
PARAGRAPH 1 OF ARTICLE 4 AND ITEM 13 OF PARAGRAPH 1 OF ARTICLE
6 OF THE REPUBLIC OF LITHUANIA LAW ON LOCAL SELF-GOVERNMENT
25 April 2002
Vilnius
The Constitutional Court of the Republic of Lithuania,
composed of the Judges of the Constitutional Court Armanas
Abramavičius, Egidijus Jarašiūnas, Egidijus Kūris, Kęstutis
Lapinskas, Zenonas Namavičius, Augustinas Normantas, Jonas
Prapiestis, Vytautas Sinkevičius, and Stasys Stačiokas,
with the secretary of the hearing-Daiva Pitrėnaitė,
in the procedural sitting of the Constitutional Court
considered the report made by the judge Zenonas Namavičius
concerning the petition of the petitioner, the Vilnius Regional
Administrative Court, requesting to determine whether the
Republic of Lithuania Law "On the Procedure of Reorganisation
and Liquidation of Establishments of Culture" (the 13 June 1995
wording of Law No. I-947) was in compliance with Paragraph 2 of
Article 120 of the Constitution of the Republic of Lithuania,
Paragraph 1 of Article 3, Paragraphs 2 and 5 of Article 4,
Paragraph 1 of Article 6 of the European Charter of Local
Self-government, and whether Item 2.4 of Resolution of the
Government of the Republic of Lithuania No. 1320 "On the House
of the Signatories to the Lithuanian Independence and the
Palace of Lithuanian Artists" of 28 November 1997 was in
compliance with Paragraph 2 of Article 120 of the Constitution
of the Republic of Lithuania, Paragraph 1 of Article 3,
Paragraphs 2 and 5 of Article 4, Paragraph 1 of Article 6 of
the European Charter of Local Self-government and Item 4 of
Paragraph 1 of Article 4 and Item 13 of Paragraph 1 of Article
6 of the Republic of Lithuania Law on Local Self-government.
The Constitutional Court
has established:
1. The petitioner, the Vilnius Regional Administrative
Court, was investigating an administrative case. By its order
of 15 April 2002, the said court suspended the investigation of
the case and addressed the Constitutional Court with a petition
requesting to determine whether the Republic of Lithuania Law
"On the Procedure of Reorganisation and Liquidation of
Establishments of Culture" (the 13 June 1995 wording of Law No.
I-947) was in compliance with Paragraph 2 of Article 120 of the
Constitution, Paragraph 1 of Article 3, Paragraphs 2 and 5 of
Article 4, Paragraph 1 of Article 6 of the European Charter of
Local Self-government, and whether Item 2.4 of Resolution of
the Government of the Republic of Lithuania No. 1320 "On the
House of the Signatories to the Lithuanian Independence and the
House of Lithuanian Artists" of 28 November 1997 was in
compliance with Paragraph 2 of Article 120 of the Constitution,
Paragraph 1 of Article 3, Paragraphs 2 and 5 of Article 4,
Paragraph 1 of Article 6 of the European Charter of Local
Self-government and Item 4 of Paragraph 1 of Article 4 and Item
13 of Paragraph 1 of Article 6 of the Law on Local
Self-government.
The Constitutional Court
holds that:
Paragraph 3 of Article 138 of the Constitution provides:
"International agreements which are ratified by the Seimas
of the Republic of Lithuania shall be the constituent part of
the legal system of the Republic of Lithuania."
Construing this provision of the Constitution, the
Constitutional Court has held that it means that the treaties
ratified by the Seimas shall acquire the force of law
(Constitutional Court ruling of 17 October 1995).
Under Paragraph 1 of Article 105 of the Constitution, 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. Thus, under the Constitution, the
Constitutional Court shall not consider the conformity of a law
with a legal act having the force of the law.
Conforming to Article 28 and Item 2 of Paragraph 1 of
Article 69 of the Republic of Lithuania Law on the
Constitutional Court, the Constitutional Court of the Republic
of Lithuania has adopted the following
decision:
1. To accept the petition of the Vilnius Regional
Administrative Court for consideration as to the compliance of
the Republic of Lithuania Law "On the Procedure of
Reorganisation and Liquidation of Establishments of Culture"
(the 13 June 1995 wording of Law No. I-947) with Paragraph 2 of
Article 120 of the Constitution of the Republic of Lithuania,
and the compliance of Item 2.4 of Resolution of the Government
of the Republic of Lithuania No. 1320 "On the House of the
Signatories to the Lithuanian Independence and the Palace of
Lithuanian Artists" of 28 November 1997 with Paragraph 2 of
Article 120 of the Constitution of the Republic of Lithuania,
Paragraph 1 of Article 3, Paragraphs 2 and 5 of Article 4,
Paragraph 1 of Article 6 of the European Charter of Local
Self-government and Item 4 of Paragraph 1 of Article 4 and Item
13 of Paragraph 1 of Article 6 of the Republic of Lithuania Law
on Local Self-government.
2. To refuse to consider the petition of the Vilnius
Regional Administrative Court requesting to investigate whether
the Republic of Lithuania Law "On the Procedure of
Reorganisation and Liquidation of Establishments of Culture"
(the 13 June 1995 wording of Law No. I-947) is in compliance
with Paragraph 1 of Article 3, Paragraphs 2 and 5 of Article 4,
Paragraph 1 of Article 6 of the European Charter of Local
Self-government.