THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA
DECISION
ON ACCEPTING THE PETITION OF A PETITIONER
23 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 hearingDaiva Pitrėnaitė,
at a procedural sitting of the Constitutional Court
considered the petition of the President of the Republic of
Lithuania, the petitioner, which was set forth in his Decree No.
1K-1138 "On Applying to the Constitutional Court of the Republic
of Lithuania" of 22 October 2007, requesting to investigate
whether Items 3 and 14 of the Methods of Establishing the Needs
of Funds from the State Budget of the Republic of Lithuania and
Assigning Them to Institutions of Science and Studies approved by
Resolution of the Government of the Republic of Lithuania No.
1272 "On Approving the Methods of Establishing the Needs of Funds
from the State Budget of the Republic of Lithuania and Assigning
Them to Institutions of Science and Studies" of 11 October 2004
(wording of 5 October 2006) with Paragraph 3 of Article 40 and
Paragraph 3 of Article 41 of the Constitution of the Republic of
Lithuania.
The Constitutional Court
has established:
I
On 22 October 2007, the President of the Republic, the
petitioner, issued Decree No. 1K-1138 "On Applying to the
Constitutional Court of the Republic of Lithuania". Article 3 of
the decree provides that this decree shall come into force as
from the day of its signing. The said decree was received at the
Constitutional Court on 22 October 2007.
In Decree of the President of the Republic No. 1K-1138 "On
Applying to the Constitutional Court of the Republic of
Lithuania" of 22 October 2007 a petition is set forth, requesting
that the Constitutional Court investigate whether Items 3 and 14
of the Methods of Establishing the Needs of Funds from the State
Budget of the Republic of Lithuania and Assigning Them to
Institutions of Science and Studies approved by Government
Resolution No. 1272 "On Approving the Methods of Establishing the
Needs of Funds from the State Budget of the Republic of Lithuania
and Assigning Them to Institutions of Science and Studies" of 11
October 2004 (wording of 5 October 2006) with Paragraph 3 of
Article 40 and Paragraph 3 of Article 41 of the Constitution.
A covering letter, in which the reasoning substantiating
this petition of the President of the Republic, was attached to
the Decree of the President of the Republic.
The Constitutional Court
holds that:
The petition set forth in Decree of the President of the
Republic No. 1K-1138 "On Applying to the Constitutional Court of
the Republic of Lithuania" of 22 October 2007 meets the
requirements established in the Constitution and the Law on the
Constitutional Court.
The Law on the Constitutional Court does not contain any
grounds to refuse to consider the petition or to return the
petition back to the petitioner.
Conforming to Item 2 of Paragraph 2 of Article 105 of the
Constitution of the Republic of Lithuania, 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 Decree of the President
of the Republic No. 1K-1138 "On Applying to the Constitutional
Court of the Republic of Lithuania" of 22 October 2007,
requesting to investigate whether Items 3 and 14 of the Methods
of Establishing the Needs of Funds from the State Budget of the
Republic of Lithuania and Assigning Them to Institutions of
Science and Studies approved by Resolution of the Government of
the Republic of Lithuania No. 1272 "On Approving the Methods of
Establishing the Needs of Funds from the State Budget of the
Republic of Lithuania and Assigning Them to Institutions of
Science and Studies" of 11 October 2004 (wording of 5 October
2006) with Paragraph 3 of Article 40 and Paragraph 3 of Article
41 of the Constitution 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