THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA
DECISION
ON THE PETITION OF THE KAUNAS REGIONAL ADMINISTRATIVE COURT, THE
PETITIONER, REQUESTING TO INVESTIGATE INTO THE COMPLIANCE OF
PARAGRAPH 3 OF ARTICLE 4 (WORDING OF 4 NOVEMBER 2004) OF THE
REPUBLIC OF LITHUANIA LAW ON STATE SOCIAL INSURANCE WITH THE
CONSTITUTION OF THE REPUBLIC OF LITHUANIA
22 October 2007
Vilnius
The Constitutional Court of the Republic of Lithuania,
composed of the Justices of the Constitutional Court Armanas
Abramavičius, Toma Birmontienė, Egidijus Kūris, Kęstutis
Lapinskas, Zenonas Namavičius, Ramutė Ruškytė, Vytautas
Sinkevičius, Stasys Stačiokas and Romualdas Kęstutis Urbaitis,
with the secretary of the sittingDaiva Pitrėnaitė,
at a procedural sitting of the Constitutional Court
considered the petition of the Kaunas Regional Administrative
Court, the petitioner, requesting to investigate whether
Paragraph 3 of Article 4 of the Republic of Lithuania Law on
State Social Insurance is not in conflict with Paragraph 2 of
Article 29 and Article 52 of the Constitution of the Republic of
Lithuania and with the constitutional principles of justice and a
state under the rule of law.
The Constitutional Court
has established:
I
The Kaunas Regional Administrative Court, the petitioner,
was investigating an administrative case. By its ruling, the said
court suspended the consideration of the case and applied to the
Constitutional Court with a petition requesting to investigate
whether Paragraph 3 of Article 4 of the Republic of Lithuania Law
on State Social Insurance is not in conflict with Paragraph 2 of
Article 29 and Article 52 of the Constitution of the Republic of
Lithuania and with the constitutional principles of justice and a
state under the rule of law.
The Constitutional Court
holds that:
1. The Kaunas Regional Administrative Court, the
petitioner, requests to investigate whether Paragraph 3 of
Article 4 of the Law on State Social Insurance is not in conflict
with Paragraph 2 of Article 29 and Article 52 of the Constitution
and with the constitutional principles of justice and a state
under the rule of law.
2. It is clear from the arguments of the Kaunas Regional
Administrative Court, the petitioner, that it has doubts whether
the provisions "self-employed persons, with the exception of the
persons engaged in individual activities under business
certificates, shall be covered on a compulsory basis only by
pension social insurance to receive the main and supplementary
parts of a pension" and "these persons shall be insured on a
compulsory basis to receive the supplementary part of the pension
where the annual sum of their income as calculated by deducting
the sum of income tax for the tax year from the taxable profit
calculated according to the Law on Income Tax or the annual sum
of income as calculated by deducting the sum of income tax for
the tax year from the taxable income calculated according to the
Law on Personal Income Tax is equal to or exceeds the amount of
12 minimum monthly salaries" of Paragraph 3 of Article 4 (wording
of 4 November 2004) of the Law on State Social Insurance are not
in conflict with the Constitution.
3. On 18 September 2007, in a public court hearing, the
Constitutional Court considered case No. 35/04-37/04-72/06
subsequent to the petitions of the Vilnius Regional
Administrative Court, the petitioner, requesting to investigate
whether articles (paragraphs thereof) of the Law on State Social
Insurance, inter alia Paragraph 3 of Article 4 (wording of 4
November 2004) thereof to the extent that, according to the
petitioner, it was established that those self-employed persons
who receive old age social insurance pensions must pay social
insurance contributions in order to receive the main part and the
supplementary part of the pension and that this obligation is
related with 12 minimum monthly salaries calculated under
procedure established by the law, were not in conflict with
Paragraph 2 of Article 29, Paragraph 1 of Article 48, Article 52
of the Constitution of the Republic of Lithuania and the
constitutional principles of justice and a state under the rule
of law. On 26 September 2007, the Constitutional Court adopted
the Ruling "On the compliance of Paragraph 3 of Article 4
(wording of 4 November 2004), Paragraph 2 of Article 8 (wording
of 4 November 2004) and Paragraphs 3 and 4 (wordings of 4 July
2002 and 7 October 2003) of Article 34 of the Republic of
Lithuania Law on State Social Insurance with the Constitution of
the Republic of Lithuania" whereby it was recognised that inter
alia the provisions "self-employed persons, with the exception of
the persons engaged in individual activities under business
certificates, shall be covered on a compulsory basis only by
pension social insurance to receive the main and supplementary
parts of a pension" and "these persons shall be insured on a
compulsory basis to receive the supplementary part of the pension
where the annual sum of their income as calculated by deducting
the sum of income tax for the tax year from the taxable profit
calculated according to the Law on Income Tax or the annual sum
of income as calculated by deducting the sum of income tax for
the tax year from the taxable income calculated according to the
Law on Personal Income Tax is equal to or exceeds the amount of
12 minimum monthly salaries" of Paragraph 3 of Article 4 (wording
of 4 November 2004, Official Gazette Valstybės žinios, 2004, No.
171-6295) of the Republic of Lithuania Law on State Social
Insurance were not in conflict with the Constitution.
The said Constitutional Court ruling was officially
published in the official gazette "Valstybės žinios" on 1 October
2007 (Official Gazette Valstybės žinios, 2007, No. 102-4171) and
as from the same day it has been in force.
4. The issue of the compliance of the provisions of
Paragraph 3 of Article 4 (wording of 4 November 2004) of the Law
on State Social Insurance, the compliance of which with the
Constitution is doubted by the Kaunas Regional Administrative
Court, the petitioner, was decided in the aforesaid
Constitutional Court ruling.
5. Under Item 3 of Paragraph 1 of Article 69 of the Law on
the Constitutional Court, by a decision, the Constitutional Court
shall refuse to consider petitions to investigate the compliance
of a legal act with the Constitution, if the compliance of the
legal act with the Constitution specified in the petition has
already been investigated by the Constitutional Court and the
ruling on this issue adopted by the Constitutional Court is still
in force.
Conforming to Articles 1, 28, Item 3 of Paragraph 1 and
Paragraph 2 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:
To refuse to consider the petition of the Kaunas Regional
Administrative Court, the petitioner, requesting to investigate
whether Paragraph 3 of Article 4 (wording of 4 November 2004) of
the Republic of Lithuania Law on State Social Insurance is not in
conflict with Paragraph 2 of Article 29 and Article 52 of the
Constitution of the Republic of Lithuania and with the
constitutional principles of justice and a state under the rule
of law.
This decision of the Constitutional Court is final and not
subject to appeal.
The decision is promulgated in the name of the Republic of
Lithuania.
Justices of the Constitutional Court:
Armanas Abramavičius
Toma Birmontienė
Egidijus Kūris
Kęstutis Lapinskas
Zenonas Namavičius
Ramutė Ruškytė
Vytautas Sinkevičius
Stasys Stačiokas
Romualdas Kęstutis
Urbaitis