Lietuviškai
THE CONSTITUTIONAL COURT OF THE REPUBLIC OF
LITHUANIA
DECISION
ON THE PETITION OF THE VILNIUS REGIONAL COURT,THE
PETITIONER, TO INVESTIGATE WHETHER PRESIDENT OF
THE REPUBLIC OF LITHUANIA DECREE NO. 164 "ON THE
DISMISSAL OF JUDGES OF LOCAL COURTS AND PRESIDENTS
OF COURTS" OF 22 JULY 2003 TO THE EXTENT THAT IT
PROVIDES THAT PALMIRA LINKEVIČIENĖ IS DISMISSED
FROM THE OFFICE OF A JUDGE OF THE BIRŽAI LOCAL
DISTRICT COURT AS WELL AS FROM THE OFFICE OF THE
PRESIDENT OF THE SAME COURT IS NOT IN CONFLICT, AS
TO ITS CONTENT AND THE PROCEDURE OF THE ADOPTION
ESTABLISHED IN THE CONSTITUTION OF THE REPUBLIC OF
LITHUANIA, WITH THE CONSTITUTION OF THE REPUBLIC
OF LITHUANIA, THE PROVISIONS OF THE EUROPEAN
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND
FUNDAMENTAL FREEDOMS AND THOSE OF THE REPUBLIC OF
LITHUANIA LAW ON COURTS, AND WHETHER PARAGRAPH 8
OF ARTICLE 90 OF THE REPUBLIC OF LITHUANIA LAW ON
COURTS IS NOT IN CONFLICT WITH THE CONSTITUTION
AND THE EUROPEAN CONVENTION FOR THE PROTECTION OF
HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
7 April 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 Vilnius Regional Court
requesting to investigate "whether President of the Republic of
Lithuania Decree No. 164 "On the Dismissal of Judges of Local
Courts and Presidents of Courts" of 22 July 2003 to the extent
that it provides that Palmira Linkevičienė is dismissed from
the office of a judge of the Biržai Local District Court as
well as from the office of the President of the same court
subsequent to Item 5 of Article 115 of the Constitution of the
Republic of Lithuania is not in conflict, as to its content and
the procedure of the adoption established in the Constitution
of the Republic of Lithuania, with the principles of a just
civil society and state under the rule of law which are
entrenched in the Preamble to the Constitution of the Republic
of Lithuania, Paragraph 1 of Article 29 of the Constitution,
consolidating the principle of equality of all persons before
the law, Paragraph 1 of Article 31 of the Constitution and
Paragraph 2 of Article 6 of the European Convention for the
Protection of Human Rights and Fundamental Freedoms,
consolidating the principle of the presumption of innocence of
the person, Article 155 of the Constitution to the extent that
judges are dismissed under procedure established by law, also
the procedure established in Articles 83, 84, 85, Paragraphs 6
and 7 of Article 90 of the Republic of Lithuania Law on Courts;
whether Paragraph 8 of Article 90 of the Republic of Lithuania
Law on Courts is in compliance with Paragraph 2 of Article 31
of the Constitution and Paragraph 1 of Article 6 of the
European Convention for the Protection of Human Rights and
Fundamental Freedoms, consolidating the right of the person to
an impartial court, and with the principle of a state under the
rule of law entrenched in the Preamble to the Constitution".
The Constitutional Court
has established:
The Vilnius Regional Court, the petitioner, was
investigating a civil case. By its ruling of 9 March 2004, it
suspended the consideration of the case and applied to the
Constitutional Court with a petition requesting to investigate
"whether President of the Republic of Lithuania Decree No. 164
"On the Dismissal of Judges of Local Courts and Presidents of
Courts" of 22 July 2003 to the extent that it provides that
Palmira Linkevičienė is dismissed from the office of a judge of
the Biržai Local District Court as well as from the office of
the President of the same court subsequent to Item 5 of Article
115 of the Constitution of the Republic of Lithuania is not in
conflict, as to its content and the procedure of the adoption
established in the Constitution of the Republic of Lithuania,
with the principles of a just civil society and state under the
rule of law which are entrenched in the Preamble to the
Constitution of the Republic of Lithuania, Paragraph 1 of
Article 29 of the Constitution, consolidating the principle of
equality of all persons before the law, Paragraph 1 of Article
31 of the Constitution and Paragraph 2 of Article 6 of the
European Convention for the Protection of Human Rights and
Fundamental Freedoms, consolidating the principle of the
presumption of innocence of the person, Article 155 of the
Constitution to the extent that judges are dismissed under
procedure established by law, also the procedure established in
Articles 83, 84, 85, Paragraphs 6 and 7 of Article 90 of the
Republic of Lithuania Law on Courts; whether Paragraph 8 of
Article 90 of the Republic of Lithuania Law on Courts is in
compliance with Paragraph 2 of Article 31 of the Constitution
and Paragraph 1 of Article 6 of the European Convention for the
Protection of Human Rights and Fundamental Freedoms,
consolidating the right of the person to an impartial court,
and with the principle of a state under the rule of law
entrenched in the Preamble to the Constitution".
The Constitutional Court
holds that:
1. Under Paragraph 1 of Article 102 of the Constitution,
the Constitutional Court shall decide whether the laws and
other acts of the Seimas are not in conflict with the
Constitution and whether acts of the President of the Republic
and the Government are not in conflict with the Constitution or
laws.
2. Paragraph 3 of Article 138 of the Constitution
provides:
"International treaties which are ratified by the Seimas
of the Republic of Lithuania shall be a constituent part of the
legal system of the Republic of Lithuania."
While construing this provision of the Constitution, the
Constitutional Court has held that it means that the treaties
ratified by the Seimas acquire the power of the law
(Constitutional Court ruling of 17 October 1995).
Under the Constitution, the Constitutional Court does not
investigate the compliance of a law with an act having the
power of the law (Constitutional Court decision of 25 April
2002).
Conforming to 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 of the Republic
of Lithuania has adopted the following
decision:
1. To accept the petition of the Vilnius Regional Court
requesting to investigate whether President of the Republic of
Lithuania Decree No. 164 "On the Dismissal of Judges of Local
Courts and Presidents of Courts" of 22 July 2003 to the extent
that it provides that Palmira Linkevičienė is dismissed from
the office of a judge of the Biržai Local District Court as
well as from the office of the President of the same court
subsequent to Item 5 of Article 115 of the Constitution of the
Republic of Lithuania is not in conflict, as to its content and
the procedure of the adoption established in the Constitution
of the Republic of Lithuania, with the principles of a just
civil society and state under the rule of law which are
entrenched in the Preamble to the Constitution of the Republic
of Lithuania, Paragraph 1 of Article 29, Paragraph 1 of Article
31 of the Constitution, Paragraph 2 of Article 6 of the
European Convention for the Protection of Human Rights and
Fundamental Freedoms, Article 155 of the Constitution, and
Articles 83, 84, 85, Paragraphs 6 and 7 of Article 90 of the
Republic of Lithuania Law on Courts, also whether Paragraph 8
of Article 90 of the Republic of Lithuania Law on Courts is not
in conflict with Paragraph 2 of Article 31 of the Constitution
and the principle of a state under the rule of law entrenched
in the Preamble to the Constitution.
2. To refuse to consider the petition of the Vilnius
Regional Court requesting to investigate whether Paragraph 8 of
Article 90 of the Republic of Lithuania Law on Courts is in
compliance with Paragraph 1 of Article 6 of the European
Convention for the Protection of Human Rights and Fundamental
Freedoms.
Justices of the Constitutional Court: Armanas Abramavičius
Egidijus Jarašiūnas
Egidijus Kūris
Kęstutis Lapinskas
Zenonas Namavičius
Augustinas Normantas
Jonas Prapiestis
Vytautas Sinkevičius
Stasys Stačiokas