Lietuviškai
THE CONSTITUTIONAL COURT OF THE REPUBLIC OF
LITHUANIA
DECISION
ON ACCEPTING A PETITION OF THE PETITIONER
22 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 petition of 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, the petitioner, 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
principle of a state under the rule of law, which is entrenched
in the Constitution of the Republic of Lithuania, and whether
Article 4 of the same decree is not in conflict with the
principle of a state under the rule of law, which is entrenched
in the Constitution of the Republic of Lithuania and Paragraph
2 of Article 7 of the Constitution.
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).
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" contains a
request that the Constitutional Court 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
principle of a state under the rule of law, which is entrenched
in the Constitution of the Republic of Lithuania, and whether
Article 4 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 is not in conflict with the
principle of a state under the rule of law, which is entrenched
in the Constitution and Paragraph 2 of Article 7 of the
Constitution.
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 19 March 2004.
The Constitutional Court
holds that:
1. On 12 March 2004, the President of the Republic issued
Decree No. 397 "On the Proposal to Institute Impeachment
Proceedings Against the Member of the Seimas of the Republic of
Lithuania Artūras Paulauskas". This decree of the President of
the Republic was published in the official gazette "Valstybės
žinios" on 16 March 2004 (Official Gazette Valstybės žinios,
2004, No. 40-1303).
2. The petition set forth in 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" is grounded upon legal arguments.
Alongside, it needs to be noted that non-legal arguments are
also presented in the petition.
3. The petition set forth in 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" meets the requirements established in
the Constitution and the Law on the Constitutional Court, which
are applicable to the Seimas resolutions by which one applies
to the Constitutional Court with petitions requesting to
investigate the compliance of decrees of the President of the
Republic with the Constitution and laws.
There are no grounds provided for in the Law on the
Constitutional Court to refuse to investigate the petition or
to return the petition to the petitioner.
Conforming to Item 1 of Paragraph 2 of Article 105 of the
Constitution of the Republic of Lithuania and Articles 26, 28
and 63 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 accept 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 principle of a state under the rule of
law, which is entrenched in the Constitution of the Republic of
Lithuania, and whether Article 4 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 is not in
conflict with the principle of a state under the rule of law,
which is entrenched in the Constitution and Paragraph 2 of
Article 7 of the Constitution.
Justices of the Constitutional Court: Armanas Abramavičius
Egidijus Jarašiūnas
Egidijus Kūris
Kęstutis Lapinskas
Zenonas Namavičius
Augustinas Normantas
Jonas Prapiestis
Vytautas Sinkevičius
Stasys Stačiokas