Lietuviškai
THE CONSTITUTIONAL COURT OF THE REPUBLIC OF
LITHUANIA
DECISION
ON THE PETITION (NO. 1B-05) REQUESTING TO INVESTIGATE
WHETHER PARAGRAPH 3 OF ARTICLE 57 OF THE REPUBLIC OF LITHUANIA
LAW ON THE PROCEEDINGS OF ADMINISTRATIVE CASES IS NOT IN
CONFLICT WITH ARTICLE 29 OF THE CONSTITUTION OF THE REPUBLIC OF
LITHUANIA, WHETHER PARAGRAPH 4 OF ARTICLE 10 OF THE REPUBLIC OF
LITHUANIA LAW ON STATE SECRETS AND OFFICAL SECRETS IS NOT IN
CONFLICT WITH PARAGRAPH 1 OF ARTICLE 30, PARAGRAPH 1 OF ARTICLE
109 OF THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA, WHETHER
PARAGRAPHS 1 AND 2 OF ARTICLE 11 OF THE SAME LAW ARE NOT IN
CONFLICT WITH ARTICLE 29 OF THE CONSTITUTION OF THE REPUBLIC OF
LITHUANIA AND THE PRINCIPLES OF JUSTICE AND A STATE UNDER THE
RULE OF LAW ESTABLISHED IN THE PREAMBLE TO THE CONSTITUTION, AS
WELL AS WITH PARAGRAPHS 1 AND 2 OF ARTICLE 51 AND PARAGRAPH 1
OF ARTICLE 53 OF THE REPUBLIC OF LITHUANIA LAW ON THE
PROCEEDINGS OF ADMINISTRATIVE CASES
3 February 2004
Vilnius
The Constitutional Court of the Republic of Lithuania,
composed of the Justices of the Constitutional Court Armanas
Abramavičius, Egidijus Kūris, Kęstutis Lapinskas, Zenonas
Namavičius, Augustinas Normantas, Jonas Prapiestis, Vytautas
Sinkevičius, and Stasys Stačiokas,
with the secretary of the hearing-Sigutė Brusovienė,
in its procedural sitting considered a report made by the
Justice of the Constitutional Court Kęstutis Lapinskas
concerning the petition of the Vilnius Regional Administrative
Court, the petitioner, (Petition No. 1B-05) requesting to
investigate as to whether Paragraph 3 of Article 57 of the
Republic of Lithuania Law on the Proceedings of Administrative
Cases is not in conflict with Article 29 of the Constitution of
the Republic of Lithuania, whether Paragraph 4 of Article 10 of
the Republic of Lithuania Law on State Secrets and Official
Secrets is not in conflict with Paragraph 1 of Article 30,
Paragraph 1 of Article 109 of the Constitution of the Republic
of Lithuania, whether Paragraphs 1 and 2 of Article 11 of the
same law are not in conflict with Article 29 of the
Constitution of the Republic of Lithuania and the principles of
justice and a state under the rule of law entrenched in the
Preamble to the Constitution, as well as with Paragraphs 1 and
2 of Article 51 and Paragraph 1 of Article 53 of the Republic
of Lithuania Law on the Proceedings of Administrative Cases.
The Constitutional Court
has established:
The Vilnius Regional Administrative Court, the petitioner,
was investigating an administrative case. By its ruling of 16
January 2004, the said court suspended the investigation of the
case and applied to the Constitutional Court with a petition
(Petition No. 1B-05) requesting to investigate as to whether
Paragraph 3 of Article 57 of the Law on the Proceedings of
Administrative Cases is not in conflict with Article 29 of the
Constitution, whether Paragraph 4 of Article 10 of the Law on
State Secrets and Official Secrets is not in conflict with
Paragraph 1 of Article 30, Paragraph 1 of Article 109 of the
Constitution, whether Paragraphs 1 and 2 of Article 11 the same
law are not in conflict with Article 29 of the Constitution and
the principles of justice and a state under the rule of law
entrenched in the Preamble to the Constitution, as well as with
Paragraphs 1 and 2 of Article 51 and Paragraph 1 of Article 53
of the Law on the Proceedings of Administrative Cases.
The Constitutional Court
holds that:
1. The petition of the petitioner requesting to
investigate as to whether Paragraph 3 of Article 57 of the Law
on the Proceedings of Administrative Cases is not in conflict
with Article 29 of the Constitution, and whether Paragraph 4 of
Article 10 of the Law on State Secrets and Official Secrets is
not in conflict with Paragraph 1 of Article 30, Paragraph 1 of
Article 109 of the Constitution, whether Paragraphs 1 and 2 of
Article 11 of the same law are not in conflict with Article 29
of the Constitution and the principles of justice and a state
under the rule of law entrenched in the Preamble to the
Constitution meet the requirements established in the Law on
the Constitutional Court of the Republic of Lithuania, thus
there are not any grounds provided for in Paragraph 1 of
Article 69 of the same law to refuse to accept and consider the
petition.
2. The part of the petition of the petitioner in which it
is requested to investigate as to whether Paragraphs 1 and 2 of
Article 11 of the Law on State Secrets and Official Secrets are
not in conflict with Paragraphs 1 and 2 of Article 51 and
Paragraph 1 of Article 53 of the Law on the Proceedings of
Administrative Cases is not within the jurisdiction of the
Constitutional Court, since, under the Constitution, the
Constitutional Court does not investigate the compliance of a
legal act with another legal act of the same power. Under Item
2 of Paragraph 1 of Article 69 of the Law on the Constitutional
Court, this constitutes grounds to refuse to investigate this
request of the petitioner.
Conforming to Paragraph 1 of Article 28 and Item 2 of
Paragraph 1 of Article 69 of the Law on the Constitutional
Court of the Republic of Lithuania, the Constitutional Court
has adopted the following
decision:
1. To accept the petition (Petition No. 1B-05) of the
Vilnius Regional Administrative Court for consideration, to the
extent that it is requested to investigate as to whether
Paragraph 3 of Article 57 of the Republic of Lithuania Law on
the Proceedings of Administrative Cases is not in conflict with
Article 29 of the Constitution of the Republic of Lithuania,
and whether Paragraph 4 of Article 10 of the Republic of
Lithuania Law on State Secrets and Official Secrets is not in
conflict with Paragraph 1 of Article 30, Paragraph 1 of Article
109 of the Constitution of the Republic of Lithuania, whether
Paragraphs 1 and 2 of Article 11 of the same law are not in
conflict with Article 29 of the Constitution of the Republic of
Lithuania and the principles of justice and a state under the
rule of law entrenched in the Preamble to the Constitution.
2. To refuse to consider the petition (Petition No. 1B-05)
of the Vilnius Regional Administrative Court to the extent that
it is requested to investigate as to whether Paragraphs 1 and 2
of Article 11 of the Republic of Lithuania Law on State Secrets
and Official Secrets are not in conflict with Paragraphs 1 and
2 of Article 51 and Paragraph 1 of Article 53 of the Republic
of Lithuania Law on the Proceedings of Administrative Cases.
Justices of the Constitutional Court: Armanas Abramavičius
Egidijus Kūris
Kęstutis Lapinskas
Zenonas Namavičius
Augustinas Normantas
Jonas Prapiestis
Vytautas Sinkevičius
Stasys Stačiokas