THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA
DECISION
ON ACCEPTING THE PETITION OF A PETITIONER
27 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, Egidijus Šileikis,
Algirdas Taminskas, and Romualdas Kęstutis Urbaitis,
with the secretary of the sittingDaiva Pitrėnaitė,
at a procedural sitting of the Constitutional Court
considered the petition (No. 1B-35/2008) of the Second Vilnius
City Local Court, the petitioner, requesting to investigate
"whether:
- the provision of Par. 1 of Art. 6.290 of the CC of the RL
to the extent that it does not establish any clear limits of
inclusion into the amount of the repairable damage of the
payments of social insurance, which are awarded in cases of
impairment of health or deprivation of life, is in conformity
with Par. 1 of Art. 29, Par. 2 of Art. 30, and Art. 52 of the
Constitution of the Republic of Lithuania, as well as with the
principle of a state under the rule of law entrenched in the
Preamble of the Constitution of the RL;
- the provision of Par. 3 of Art. 6.290 of the CC of the RL
to the extent that it does not establish any clear extent of the
application of the right of recourse of the institutions of
social insurance, which have paid insurance payments, against the
person by whom the damage was caused, is in conformity with Par.
1 of Art. 29, Par. 2 of Art. 30, and Art. 52 of the Constitution
of the Republic of Lithuania, as well as with the principle of a
state under the rule of law entrenched in the Preamble of the
Constitution of the RL."
The Constitutional Court
has established:
The Second Vilnius City Local Court, the petitioner,
investigated a civil case. By its ruling the said court suspended
the investigation of the case and applied to the Constitutional
Court requesting to investigate "whether:
- the provision of Par. 1 of Art. 6.290 of the CC of the RL
to the extent that it does not establish any clear limits of
inclusion into the amount of the repairable damage of the
payments of social insurance, which are awarded in cases of
impairment of health or deprivation of life, is in conformity
with Par. 1 of Art. 29, Par. 2 of Art. 30, and Art. 52 of the
Constitution of the Republic of Lithuania, as well as with the
principle of a state under the rule of law entrenched in the
Preamble of the Constitution of the RL;
- the provision of Par. 3 of Art. 6.290 of the CC of the RL
to the extent that it does not establish any clear extent of the
application of the right of recourse of the institutions of
social insurance, which have paid insurance payments, against the
person by whom the damage was caused, is in conformity with Par.
1 of Art. 29, Par. 2 of Art. 30, and Art. 52 of the Constitution
of the Republic of Lithuania, as well as with the principle of a
state under the rule of law entrenched in the Preamble of the
Constitution of the RL."
This petition of the Second Vilnius City Local Court, the
petitioner, was received at the Constitutional Court on 27
October 2008.
The Constitutional Court
holds that:
The Second Vilnius City Local Court, the petitioner,
requests to investigate whether the provision of Paragraph 1 of
Article 6.290 of the Civil Code of the Republic of Lithuania to
the extent that it does not establish any clear limits of
inclusion into the amount of the repairable damage of the
payments of social insurance, which are awarded in cases of
impairment of health or deprivation of life, and the provision of
Paragraph 3 of Article 6.290 of the Civil Code of the Republic of
Lithuania to the extent that it does not establish any clear
extent of the application of the right of recourse of the
institutions of social insurance, which have paid insurance
payments, against the person by whom the damage was caused, are
not in conflict with Paragraph 1 of Article 29, Paragraph 2 of
Article 30, and Article 52 of the Constitution of the Republic of
Lithuania, as well as with the constitutional principle of a
state under the rule of law.
The petition of the Second Vilnius City Local Court, the
petitioner, virtually meets the requirements established in the
Law on the Constitutional Court of the Republic of Lithuania.
Conforming to Paragraph 1 of Article 102 of the Constitution
of the Republic of Lithuania, 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 Second Vilnius City Local
Court, the petitioner, requesting to investigate whether the
provision of Paragraph 1 of Article 6.290 of the Civil Code of
the Republic of Lithuania to the extent that it does not
establish any clear limits of inclusion into the amount of the
repairable damage of the payments of social insurance, which are
awarded in cases of impairment of health or deprivation of life,
and the provision of Paragraph 3 of Article 6.290 of the Civil
Code of the Republic of Lithuania to the extent that it does not
establish any clear extent of the application of the right of
recourse of the institutions of social insurance, which have paid
insurance payments, against the person by whom the damage was
caused, are not in conflict with Paragraph 1 of Article 29,
Paragraph 2 of Article 30, and Article 52 of the Constitution of
the Republic of Lithuania, as well as with the constitutional
principle of a state under the rule of law, for consideration.
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
Pranas Kuconis
Kęstutis Lapinskas
Zenonas Namavičius
Ramutė Ruškytė
Egidijus Šileikis
Algirdas Taminskas
Romualdas Kęstutis Urbaitis