PRESIDENT OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF
LITHUANIA
ANNOUNCEMENT
ON SUSPENDING THE VALIDITY OF PROVISIONS OF THE FIFTH,
SIXTH AND EIGHTH PARAGRAPHS OF THE SEIMAS OF THE REPUBLIC
OF LITHUANIA RESOLUTION "ON THE PRINCIPLES OF
ORGANISATION OF THE LITHUANIAN ARMED FORCES" OF 13 MARCH
2008, THE PROVISIONS OF ITEM 18 OF THE CONCEPTION OF THE
REPUBLIC OF LITHUANIA LAW ON MILITARY CONSCRIPTION OF THE
NEW WORDING APPROVED BY RESOLUTION OF THE GOVERNMENT OF
THE REPUBLIC OF LITHUANIA NO. 620 "ON APPROVING THE
CONCEPTION OF THE REPUBLIC OF LITHUANIA LAW ON MILITARY
CONSCRIPTION OF THE NEW WORDING" OF 18 JUNE 2008, ITEM 2
OF PARAGRAPH 2 OF ARTICLE 3 OF THE REPUBLIC OF LITHUANIA
LAW ON ESTABLISHING THE PRINCIPAL STRUCTURE OF THE ARMED
FORCES IN 2008, ESTABLISHING THE PLANNED PRINCIPAL
STRUCTURE OF THE ARMED FORCES IN 2013 AND APPROVING THE
MARGIN NUMBER OF STATUTORY SERVANTS IN THE CIVIL NATIONAL
DEFENCE SERVICE AND ITEM 2 OF PARAGRAPH 2 OF ARTICLE 3 OF
THE REPUBLIC OF LITHUANIA LAW ON ESTABLISHING THE
PRINCIPAL STRUCTURE OF THE ARMED FORCES IN 2009,
ESTABLISHING THE PLANNED PRINCIPAL STRUCTURE OF THE ARMED
FORCES IN 2014 AND APPROVING THE MARGIN NUMBER OF
STATUTORY SERVANTS IN THE CIVIL NATIONAL DEFENCE SERVICE
3 April 2009
Vilnius
By its decision "On accepting the petition of the Seimas
of the Republic of Lithuania, the petitioner, set forth
in its Resolution No. XI-209 'On the Application to the
Constitutional Court of the Republic of Lithuania with a
Petition Requesting to Investigate Whether the Provisions
of the Fifth, Sixth and Eighth Paragraphs of the
Resolution of the Seimas of the Republic of Lithuania "On
the Principles of Organisation of the Lithuanian Armed
Forces" of 13 March 2008, the Provision of the Second
Sentence of Item 18 of the Conception of the Republic of
Lithuania Law on Military Conscription of the New Wording
Approved by Resolution of the Government of the Republic
of Lithuania No. 620 "On Approving the Conception of the
Republic of Lithuania Law on Military Conscription of the
New Wording" of 18 June 2008, Item 2 of Paragraph 2 of
Article 3 of the Republic of Lithuania Law on
Establishing the Principal Structure of the Armed Forces
in 2008, Establishing the Planned Principal Structure of
the Armed Forces in 2013 and Approving the Margin Number
of Statutory Servants in the Civil National Defence
Service and Item 2 of Paragraph 2 of Article 3 of the
Republic of Lithuania Law on Establishing the Principal
Structure of the Armed Forces in 2009, Establishing the
Planned Principal Structure of the Armed Forces in 2014
and Approving the Margin Number of Statutory Servants in
the Civil National Defence Service Are Not in Conflict
with the Second Paragraph of Article 3, the Second
Paragraph of Article 5, the First and the Second
Paragraphs of Article 139 of the Constitution of the
Republic of Lithuania and with the Constitutional
Principle of a State Under the Rule of Law' of 26 March
2009" of 3 April 2009, the Constitutional Court of the
Republic of Lithuania accepted for consideration the
petition set forth in the 26 March 2009 resolution of the
Seimas of the Republic of Lithuania, the petitioner,
requesting to investigate whether the provision "it is
expedient to switch to the Lithuanian armed forces
organised on the grounds of professional and volunteer
military service" of the fifth paragraph of the Seimas of
the Republic of Lithuania Resolution "On the Principles
of Organisation of the Lithuanian Armed Forces" of 13
March 2008, the provision of the sixth paragraph thereof
to the extent that it provides to retain the obligatory
military service only in case of mobilisation and to
reconsider the need of the obligatory initial military
service every year by approving the margin numbers of
soldiers by a Seimas decision, the provision of the
eighth paragraph thereof to the extent that it proposes
that the Government present the Seimas the margin numbers
of soldiers for approval, established after having taken
account of the needs of switching to the armed forces
organised on the grounds of professional and volunteer
military service, the provision "shall establish the
additional new grounds of postponement of the obligatory
initial military service which will provide that the
obligatory initial military and alternative service of
the national defence may be postponed for all the
conscripts if the law which regulates the principal
structure of the armed forces of the corresponding year
provides that the margin number of soldiers of the
obligatory initial military service is 0" of Item 18 of
the Conception of the Republic of Lithuania Law on
Military Conscription of the New Wording approved by
Government of the Republic of Lithuania Resolution No.
620 "On Approving the Conception of the Republic of
Lithuania Law on Military Conscription of the New
Wording" of 18 June 2008, Item 2 of Paragraph 2 of
Article 3 of the Republic of Lithuania Law on
Establishing the Principal Structure of the Armed Forces
in 2008, Establishing the Planned Principal Structure of
the Armed Forces in 2013 and Approving the Margin Number
of Statutory Servants in the Civil National Defence
Service, as well as Item 2 of Paragraph 2 of Article 3 of
the Republic of Lithuania Law on Establishing the
Principal Structure of the Armed Forces in 2009,
Establishing the Planned Principal Structure of the Armed
Forces in 2014 and Approving the Margin Number of
Statutory Servants in the Civil National Defence Service
are not in conflict with Paragraph 2 of Article 3,
Paragraph 2 of Article 5 and Paragraphs 1 and 2 of
Article 139 of the Constitution of the Republic of
Lithuania and with the constitutional principle of a
state under the rule of law.
Under Paragraph 4 of Article 106 of the Constitution of
the Republic of Lithuania, the resolution of the Seimas
asking for an investigation into the conformity of an act
with the Constitution shall suspend the validity of the
act. Paragraph 2 of Article 26 of the Republic of
Lithuania Law on the Constitutional Court provides: "If
the Constitutional Court adopts a decision to accept a
petition for consideration, the President of the
Constitutional Court shall immediately give an official
announcement about it in the official gazette "Valstybės
žinios" ("The News of the State") as well as on the
Internet website of the Constitutional Court. In this
announcement, the President of the Constitutional Court
must state the exact title of the disputed act, the date
of its adoption, and that, in accordance with Article 106
of the Constitution of the Republic of Lithuania, the
validity of the aforementioned act is suspended from the
day of this official announcement until the ruling of the
Constitution Court concerning this case is published."
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 the provision "it is
expedient to switch to the Lithuanian armed forces
organised on the grounds of professional and volunteer
military service" of the fifth paragraph of the Seimas of
the Republic of Lithuania Resolution "On the Principles
of Organisation of the Lithuanian Armed Forces" of 13
March 2008 (Official Gazette Valstybės žinios, 2008, No.
47-1753), the provision of the sixth paragraph thereof to
the extent that it provides to retain the obligatory
military service only in case of mobilisation and to
reconsider the need of the obligatory initial military
service every year by approving the margin numbers of
soldiers by a Seimas decision, the provision of the
eighth paragraph thereof to the extent that it proposes
that the Government present the Seimas the margin numbers
of soldiers for approval, established after having taken
account of the needs of switching to the armed forces
organised on the grounds of professional and volunteer
military service, the provision "shall establish the
additional new grounds of postponement of the obligatory
initial military service which will provide that the
obligatory initial military and alternative service of
the national defence may be postponed for all the
conscripts if the law which regulates the principal
structure of the armed forces of the corresponding year
provides that the margin number of soldiers of the
obligatory initial military service is 0" of Item 18 of
the Conception of the Republic of Lithuania Law on
Military Conscription of the New Wording approved by
Government of the Republic of Lithuania Resolution No.
620 "On Approving the Conception of the Republic of
Lithuania Law on Military Conscription of the New
Wording" of 18 June 2008 (Official Gazette Valstybės
žinios, 2008, No. 75-2942), Item 2 of Paragraph 2 of
Article 3 of the Republic of Lithuania Law on
Establishing the Principal Structure of the Armed Forces
in 2008, Establishing the Planned Principal Structure of
the Armed Forces in 2013 and Approving the Margin Number
of Statutory Servants in the Civil National Defence
Service (Official Gazette Valstybės žinios, 2008, No. 87-
3460) adopted by the Seimas of the Republic of Lithuania
on 15 July 2008, as well as Item 2 of Paragraph 2 of
Article 3 of the Republic of Lithuania Law on
Establishing the Principal Structure of the Armed Forces
in 2009, Establishing the Planned Principal Structure of
the Armed Forces in 2014 and Approving the Margin Number
of Statutory Servants in the Civil National Defence
Service (Official Gazette Valstybės žinios, 2008, No. 87-
3461) adopted by the Seimas of the Republic of Lithuania
on 15 July 2008 shall be suspended.
President Kęstutis Lapinskas