Lietuviškai
THE CONSTITUTIONAL COURT OF THE REPUBLIC OF
LITHUANIA
DECISION
ON THE PETITION SET FORTH IN THE 16 MARCH 2004
RESOLUTION "ON THE APPLICATION TO THE
CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA
WITH A PETITION REQUESTING TO INVESTIGATE WHETHER
THE DECREE OF THE PRESIDENT OF THE REPUBLIC 'ON
THE PROPOSAL TO INSTITUTE IMPEACHMENT PROCEEDINGS
AGAINST THE MEMBER OF THE SEIMAS OF THE REPUBLIC
OF LITHUANIA ARTŪRAS PAULAUSKAS' IS NOT IN
CONFLICT WITH THE CONSTITUTION OF THE REPUBLIC OF
LITHUANIA" OF THE SEIMAS OF THE REPUBLIC OF
LITHUANIA REQUESTING TO INVESTIGATE WHETHER DECREE
OF THE PRESIDENT OF THE REPUBLIC NO. 397 "ON THE
PROPOSAL TO INSTITUTE IMPEACHMENT PROCEEDINGS
AGAINST THE MEMBER OF THE SEIMAS OF THE REPUBLIC
OF LITHUANIA ARTŪRAS PAULAUSKAS" OF 12 MARCH 2004
IS NOT IN CONFLICT WITH THE CONSTITUTION OF THE
REPUBLIC OF LITHUANIA
17 March 2004
Vilnius
The Constitutional Court of the Republic of Lithuania,
composed of the Justices 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 16 March 2004 Resolution "On the Application to
the Constitutional Court of the Republic of Lithuania with a
Petition Requesting to investigate whether the Decree of the
President of the Republic 'On the Proposal to Institute
Impeachment Proceedings Against the Member of the Seimas of the
Republic of Lithuania Artūras Paulauskas' Is Not in Conflict
with the Constitution of the Republic of Lithuania" of the
Seimas of the Republic of Lithuania, the petitioner.
The Constitutional Court
has established:
1. On 16 March 2004, the Seimas of the Republic of
Lithuania, the petitioner, adopted the Resolution "On the
Application to the Constitutional Court of the Republic of
Lithuania with a Petition Requesting to investigate whether the
Decree of the President of the Republic 'On the Proposal to
Institute Impeachment Proceedings Against the Member of the
Seimas of the Republic of Lithuania Artūras Paulauskas' Is Not
in Conflict with the Constitution of the Republic of
Lithuania". This Seimas Resolution was published in the
official gazette "Valstybės žinios" on 17 March 2004 (Official
Gazette Valstybės žinios, 2004, No. 41-1325).
2. The 16 March 2004 Seimas Resolution "On the Application
to the Constitutional Court of the Republic of Lithuania with a
Petition Requesting to investigate whether the Decree of the
President of the Republic 'On the Proposal to Institute
Impeachment Proceedings Against the Member of the Seimas of the
Republic of Lithuania Artūras Paulauskas' Is Not in Conflict
with the Constitution of the Republic of Lithuania" was
received at the Constitutional Court on 17 March 2004.
The Constitutional Court
holds that:
1. Item 1 of Paragraph 3 of Article 66 of the Law on the
Constitutional Court provides that a duplicate of the whole
text of the disputed legal act shall be attached to the
petition. Under Item 15 of Section 1 of Chapter VI of the Rules
of the Constitutional Court, the text published in the official
gazette "Valstybės žinios" is to be considered such a
duplicate.
Paragraph 5 of Article 66 of the Law on the Constitutional
Court provides that the petition and attachments thereto
specified in Paragraph 3 of this article shall be submitted to
the Constitutional Court along with 30 copies of the duplicate.
2. There is not any duplicate of the whole text of Decree
of the President of the Republic No. 397 "On the Proposal to
Institute Impeachment Proceedings Against the Member of the
Seimas of the Republic of Lithuania Artūras Paulauskas" of 12
March 2004 attached to the Seimas Resolution "On the
Application to the Constitutional Court of the Republic of
Lithuania with a Petition Requesting to investigate whether the
Decree of the President of the Republic 'On the Proposal to
Institute Impeachment Proceedings Against the Member of the
Seimas of the Republic of Lithuania Artūras Paulauskas' Is Not
in Conflict with the Constitution of the Republic of
Lithuania", which was received at the Constitutional Court, nor
are there 30 copies of the duplicate of the disputed legal act.
The petition set forth in the 16 March 2004 Resolution "On
the Application to the Constitutional Court of the Republic of
Lithuania with a Petition Requesting to investigate whether the
Decree of the President of the Republic 'On the Proposal to
Institute Impeachment Proceedings Against the Member of the
Seimas of the Republic of Lithuania Artūras Paulauskas' Is Not
in Conflict with the Constitution of the Republic of Lithuania"
of the Seimas, the petitioner, does not meet the requirements
of Item 1 of Paragraph 3 of Article 66 and Paragraph 5 of the
same article of the Law on the Constitutional Court.
3. Subsequent to Article 70 of the Law on the
Constitutional Court, in the case that a petition or
attachments thereto fail to comply with the requirements set
forth in Article 66 of this law, the petition must be returned.
Paragraph 2 of Article 70 of the Law on the Constitutional
Court provides that the return of a petition shall not take
away the right to apply to the Constitutional Court according
to the common procedure after removal of the deficiencies
thereof.
Conforming to Article 106 of the Constitution of the
Republic of Lithuania, Paragraph 1 of Article 26 and Article 70
of the Law on the Constitutional Court of the Republic of
Lithuania, the Constitutional Court of the Republic of
Lithuania has adopted the following
decision:
To return the petition to the Seimas of the Republic of
Lithuania, the petitioner, set forth in the 16 March 2004
Resolution "On the Application to the Constitutional Court of
the Republic of Lithuania with a Petition Requesting to
investigate whether the Decree of the President of the Republic
'On the Proposal to Institute Impeachment Proceedings Against
the Member of the Seimas of the Republic of Lithuania Artūras
Paulauskas' Is Not in Conflict with the Constitution of the
Republic of Lithuania" of the Seimas of the Republic of
Lithuania.
Justices of the Constitutional Court: Armanas Abramavičius
Egidijus Jarašiūnas
Egidijus Kūris
Kęstutis Lapinskas
Zenonas Namavičius
Augustinas Normantas
Jonas Prapiestis
Vytautas Sinkevičius
Stasys Stačiokas