Lietuviškai
THE CONSTITUTIONAL COURT OF THE REPUBLIC OF
LITHUANIA
DECISION
ON THE PETITION OF THE SUPREME ADMINISTRATIVE
COURT OF LITHUANIA REQUESTING TO INVESTIGATE
WHETHER PARAGAPH 14 OF ARTICLE 26 OF THE REPUBLIC
OF LITHUANIA LAW ON TOBACCO CONTROL IS NOT IN
CONFLICT WITH THE CONSTITUTION OF THE REPUBLIC OF
LITHUANIA
7 February 2005
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 a petition of the Supreme Administrative Court of
Lithuania, the petitioner, requesting to investigate as to
whether Paragraph 14 of Article 26 of the Republic of Lithuania
Law on Tobacco Control (wording of 20 November 2003) to the
extent that the right of the court is limited to impose, upon
taking into consideration all the circumstances, including
those established in the law, a lesser fine than that
established in Paragraph 7 of Article 26 of the Law on Tobacco
Control for violation of prohibitions related to sale and
storing of tobacco products that are established in Item 6 of
Paragraph 3 of Article 14 of the Law on Tobacco Control is not
in conflict with Paragraphs 1, 2, and 3 of Article 109 of the
Constitution of the Republic of Lithuania as well as the
constitutional principle of a state under the rule of law.
The Constitutional Court
has established:
1. The Supreme Administrative Court of Lithuania, the
petitioner, was investigating an administrative case. By its
ruling of 21 January 2005, the said court suspended the
investigation of the case and applied to the Constitutional
Court with a petition requesting to investigate whether
Paragraph 14 of Article 26 of the Law on Tobacco Control
(wording of 20 November 2003) to the extent that, as the
petitioner maintains, the right of the court is limited to
impose, upon taking into consideration all the circumstances,
including those established in the law, a lesser fine than that
established in Paragraph 7 of Article 26 of the Law on Tobacco
Control for violation of prohibitions related to sale and
storing of tobacco products that are established in Item 6 of
Paragraph 3 of Article 14 of the Law on Tobacco Control is not
in conflict with Paragraphs 1, 2, and 3 of Article 109 of the
Constitution as well as the constitutional principle of a state
under the rule of law.
The Constitutional Court
holds that:
The petition of the Supreme Administrative Court of
Lithuania requesting to investigate whether Paragraph 14 of
Article 26 of the Republic of Lithuania Law on Tobacco Control
(wording of 20 November 2003) to the extent that, as the
petitioner maintains, the right of the court is limited to
impose, upon taking into consideration all the circumstances,
including those established in the law, a lesser fine than that
established in Paragraph 7 of Article 26 of the Law on Tobacco
Control for violation of prohibitions related to sale and
storing of tobacco products that are established in Item 6 of
Paragraph 3 of Article 14 of the Law on Tobacco Control is not
in conflict with Paragraphs 1, 2, and 3 of Article 109 of the
Constitution as well as the constitutional principle of a state
under the rule of law, is virtually in line with the
requirements established in the Law on the Constitutional
Court.
Conforming to Paragraph 1 of Article 102 of the
Constitution of the Republic of Lithuania and Paragraph 1 of
Article 28 and Article 67 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 of the Supreme Administrative Court
of Lithuania requesting to investigate whether Paragraph 14 of
Article 26 of the Republic of Lithuania Law on Tobacco Control
(wording of 20 November 2003) to the extent that, as the
petitioner maintains, the right of the court is limited to
impose, upon taking into consideration all the circumstances,
including those established in the law, a lesser fine than that
established in Paragraph 7 of Article 26 of the Law on Tobacco
Control for violation of prohibitions related to sale and
storing of tobacco products that are established in Item 6 of
Paragraph 3 of Article 14 of the Law on Tobacco Control is not
in conflict with Paragraphs 1, 2, and 3 of Article 109 of the
Constitution as well as the constitutional principle of a state
under the rule of law.
Justices of the Constitutional Court: Armanas Abramavičius
Egidijus Jarašiūnas
Egidijus Kūris
Kęstutis Lapinskas
Zenonas Namavičius
Augustinas Normantas
Jonas Prapiestis
Vytautas Sinkevičius
Stasys Stačiokas