PRESIDENT OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF
LITHUANIA
ANNOUNCEMENT
ON SUSPENDING THE VALIDITY OF PROVISIONS OF ARTICLES 10 AND 11
(WORDING OF 1 FEBRUARY 2008) OF THE REPUBLIC OF LITHUANIA LAW ON
THE NUCLEAR POWER PLANT
8 October 2008
Vilnius
By the Constitutional Court Decision "On the acceptance of
the petition of the Seimas of the Republic of Lithuania, the
petitioner, set forth in Seimas Resolution No. X-1729 'On
Applying to the Constitutional Court of the Republic of Lithuania
with a Petition Requesting to Investigate Whether the Republic of
Lithuania Law on Amending and Supplementing Articles 8, 10, 11,
and 20 of the Law on the Nuclear Power Plant Is Not in Conflict
with the Constitution of the Republic of Lithuania' requesting to
investigate whether the provisions of Articles 10 And 11 (Wording
of 1 February 2008) of the Republic of Lithuania Law on the
Nuclear Power Plant are not in conflict with the Constitution" of
22 September 2008, one accepted for consideration the petition
set forth in Resolution of the Seimas of the Republic of
Lithuania No. X-1729 "On Applying to the Constitutional Court of
the Republic of Lithuania with a Petition Requesting to
Investigate Whether the Republic of Lithuania Law on Amending and
Supplementing Articles 8, 10, 11, and 20 of the Law on the
Nuclear Power Plant Is Not in Conflict with the Constitution of
the Republic of Lithuania" of 22 September 2008 requesting to
investigate whether:
- Paragraph 1 (wording of 1 February 2008) of Article 10 of
the Republic of Lithuania Law on the Nuclear Power Plant, which
provides for only one aim of the activity of the national
investor"the national investor shall be an independent private
legal entity registered in the Republic of Lithuania, established
for an indefinite period of time and operating under the laws of
the Republic of Lithuania, the aim of whose activity shall be
gaining benefits for itself and all its shareholders in a
socially responsible manner"and which does not entrench the
protection of the rights of consumers, is not in conflict with
Paragraph 5 of Article 46 of the Constitution of the Republic of
Lithuania;
- the provision "the national investor shall be the national
power company managing through its subsidiaries the main part of
the Lithuanian power systemthe electricity transmission and
distribution networks. Seeking to attain the goal of its
activity, the national investor shall participate, on the basis
of private initiative, in implementing in Lithuania the project
of construction of a new nuclear power plant, as well as
constructing, according to the procedure established by the Law
on Electricity and other legal acts, the interconnections of the
power system of the Republic of Lithuania with the power systems
of the Republic of Poland and the Kingdom of Sweden" of Paragraph
1 (wording of 1 February 2008) of Article 10 of the Republic of
Lithuania Law on the Nuclear Power Plant, according to which it
is provided to create the national investor which, as an owner,
will concentrate in its hands the main portion of production of
electricity, its transmission, distribution, export and import,
is not in conflict with Paragraphs 3 and 4 of Article 46 of the
Constitution of the Republic of Lithuania;
- Item 1 of Paragraph 1 of Article 11 (wording of 1 February
2008) of the Republic of Lithuania Law on the Nuclear Power Plant
which provides that "the Government of the Republic of Lithuania
implementing the provisions of Article 10 of this Law shall have
the right to negotiate with the shareholder of the controlling
stake in the public limited liability company VST on the
establishment of the national investor and on the investment of
all the shares owned by that shareholder in the public limited
liability company VST, or part thereof amounting to more than 2/3
of the shares of the public limited liability company VST
carrying more than 2/3 of votes at the general shareholders'
meeting, as well as on the acquisition of newly issued shares of
the national investor", is not in conflict with Paragraph 1 of
Article 29 and Paragraph 4 of Article 46 of the Constitution of
the Republic of Lithuania.
Under Paragraph 4 of Article 106 of the Constitution of the
Republic of Lithuania, the Seimas resolution requesting for an
investigation into the conformity of an act with the Constitution
shall suspend the validity of this act. Under Paragraph 1 of
Article 107 of the Constitution, a law (or part thereof) of the
Republic of Lithuania may not be applied from the day of official
promulgation of the decision of the Constitutional Court that the
act in question (or part thereof) is in conflict with the
Constitution. While construing these provisions in a systemic
manner, one is to hold that a decision of the Constitutional
Court to accept the petition set forth in a Seimas resolution
requesting to investigate whether a law (or part thereof) is in
conformity with the Constitution, suspends the validity of this
law (or part thereof).
Conforming to Paragraph 4 of Article 106 of the Constitution
of the Republic of Lithuania, and Paragraph 2 of Article 26 of
the Law on the Constitutional Court of the Republic of Lithuania,
I hereby announce that from the day of publishing of this
announcement in the official gazette "Valstybės žinios" until
publishing of a Constitutional Court ruling regarding this case
the validity of Paragraph 1 (wording of 1 February 2008; Official
Gazette Valstybės žinios, 2008, No. 19-674) of Article 10 and
Item 1 of Paragraph 1 of Article 11 (wording of 1 February 2008;
Official Gazette Valstybės žinios, 2008, No. 19-674) of the
Republic of Lithuania Law on the Nuclear Power Plant shall be
suspended.
President Kęstutis
Lapinskas