THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA
DECISION
ON AMENDING AND SUPPLEMENTING THE RULES OF THE CONSTITUTIONAL
COURT OF THE REPUBLIC OF LITHUANIA
26 November 2008
Vilnius
The Constitutional Court of the Republic of Lithuania,
composed of the Justices of the Constitutional Court Armanas
Abramavičius, Toma Birmontienė, Pranas Kuconis, Kęstutis
Lapinskas, Zenonas Namavičius, Ramutė Ruškytė, Algirdas
Taminskas, Egidijus Šileikis, and Romualdas Kęstutis Urbaitis,
with the secretary of the sittingDaiva Pitrėnaitė,
pursuant to Article 3 and Paragraph 5 of Article 55 of the
Law on the Constitutional Court, at a procedural sitting of the
Constitutional Court considered the issue of amendment and
supplement of the Rules of the Constitutional Court (wording of
18 September 2007).
The Constitutional Court
has established:
1. On 11 November 2008, the Seimas of the Republic of
Lithuania adopted the Republic of Lithuania Law on Amending and
Supplementing Articles 5, 8, 10, 15, 16, 53, and 55 of the Law on
the Constitutional Court and on Supplementing the Law with
Article 16-1 (hereinafter also referred to as the Law). The Law
was published in the official gazette "Valstybės žinios" on 22
November 2008 (Official Gazette Valstybės žinios, 2008, No. 134-
5179).
2. Article 3 of the Law on the Constitutional Court provides
that internal questions of the Constitutional Court, the rules of
professional conduct of justices, the structure of the Court
apparatus, clerical work, and other issues shall be regulated by
the Rules of the Constitutional Court, as approved by the
Constitutional Court.
The Constitutional Court
holds that:
1. By Article 5 of the Law adopted by the Seimas Article 55
of the Law on the Constitutional Court was supplemented with
Paragraph 5 wherein it is established:
"A justice of the Constitutional Court, who disagrees with
an act adopted by the Court, shall have the right to set forth in
writing his reasoned dissenting opinion within three working days
of the announcement of the corresponding act in the courtroom.
The dissenting opinion of the justice shall be attached to the
case and the parties participating in the case and mass media
shall be informed about this fact. The procedure for
familiarising with the dissenting opinion of a justice shall be
established in the Rules of the Constitutional Court."
2. By the Constitutional Court Decision "On Amending the
Decision of the Constitutional Court of the Republic of Lithuania
'On Approving the Rules of the Constitutional Court of the
Republic of Lithuania' of 5 March 2004" of 18 September 2007
(Official Gazette Valstybės žinios, 2007, No. 100-4082) the Rules
of the Constitutional Court were set forth in a new wording.
3. Taking account of the fact that Paragraph 5 of Article 55
(wording of 11 November 2008) of the Law on the Constitutional
Court inter alia provides that the procedure for familiarising
with the dissenting opinion of a justice shall be established in
the Rules of the Constitutional Court, one is to hold that it is
necessary to supplement Chapter VIII titled "Consideration of a
Case at a Judicial Hearing" of the Rules of the Constitutional
Court.
The Constitutional Court has adopted the following
decision:
1. To supplement Chapter VIII titled "Consideration of a
Case at a Judicial Hearing" of the Rules of the Constitutional
Court of the Republic of Lithuania, which was set forth in a new
wording by the Decision of the Constitutional Court of the
Republic of Lithuania "On Amending the Decision of the
Constitutional Court of the Republic of Lithuania 'On Approving
the Rules of the Constitutional Court of the Republic of
Lithuania' of 5 March 2004" of 18 September 2007 (Official
Gazette Valstybės žinios, 2007, No. 100-4082) with new Section
VII titled "Dissenting Opinion of a Justice of the Constitutional
Court":
"Section VII
Dissenting Opinion of a Justice of the Constitutional Court
161. Under Paragraph 5 of Article 55 of the Law on the
Constitutional Court, after a final act of the Constitutional
Court is publicly announced in the courtroom, a justice, who
disagrees with an act adopted by the Court, shall have the right
to set forth in writing his reasoned dissenting opinion not later
than within three working days of the announcement of the
corresponding act.
162. The dissenting opinion of the justice shall be drawn up
as a separate document. It shall contain the name and surname of
the justice, the date, the title of the act of the Constitutional
Court with regard of which the dissenting opinion of the justice
is expressed, and the date of adoption thereof, the arguments
substantiating the dissenting opinion shall be set forth and it
shall be signed.
In the course of drawing up the dissenting opinion of the
justice the requirements for confidentiality of the deliberation
room of the Constitutional Court, which are entrenched in Article
53 of the Law on the Constitutional Court, may not be violated.
163. The justice shall present the dissenting opinion, which
has been drawn up within the established time and under
established procedure, to the President of the Constitutional
Court, and copies thereofto the justices. The President of the
Constitutional Court shall present the reasoned dissenting
opinion, which was expressed by the justice within the time
provided for in the law, to the General Division of the
Constitutional Court.
164. The reasoned dissenting opinion of the justice shall be
attached to the considered case; the General Division of the
Constitutional Court shall, not later than within 3 working days,
inform, in writing, the parties to the case of this fact, as well
as the mass media by announcing it on the Internet website of the
Constitutional Court.
165. The interested persons shall be permitted to
familiarise with the dissenting opinion of a justice under
established general procedure for familiarisation with considered
constitutional justice cases kept in the archive of the
Constitutional Court."
2. To amend the numeration of Items 161, 162, 163, 164, and
165 of Chapter IX of the Rules of the Constitutional Court of the
Republic of Lithuania and to regard these items as Items 166,
167, 168, 169, and 170 correspondingly.
3. To publish this decision of the Constitutional Court on
the Internet website of the Constitutional Court and in the
official gazette "Valstybės žinios".
Justices of the Constitutional Court: Armanas Abramavičius
Toma Birmontienė
Pranas Kuconis
Kęstutis Lapinskas
Zenonas Namavičius
Ramutė Ruškytė
Algirdas Taminskas
Egidijus Šileikis
Romualdas Kęstutis Urbaitis