PRESIDENT OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF
LITHUANIA
ANNOUNCEMENT
ON RESTORING THE VALIDITY OF THE 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
24 September 2009
Vilnius
On 11 October 2008, the official gazette "Valstybės žinios"
(No. 39-1479) officially published the announcement of the
President of the Constitutional Court of the Republic of
Lithuania that 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.
On 24 September 2009, the Constitutional Court adopted the
Ruling "On the compliance of the 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 with the Constitution of the Republic of
Lithuania" wherein it was ruled:
1. To recognise that 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 Resolution of the Seimas of the Republic of
Lithuania "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,
are not in conflict with the Constitution of the Republic of
Lithuania.
2. To recognise that 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 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 (Official Gazette Valstybės žinios, 2008, No. 75-
2942) is not in conflict with the Constitution of the Republic of
Lithuania.
3. To recognise that 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) is
not in conflict with the Constitution of the Republic of
Lithuania.
4. To recognise that 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) is
not in conflict with the Constitution of the Republic of
Lithuania.
Conforming to Paragraph 3 of Article 26 of the Law on the
Constitutional Court of the Republic of Lithuania,
I hereby announce that from the day of official publishing
of the Constitutional Court Ruling "On the compliance of the
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 with the Constitution of the Republic of Lithuania" of 24
September 2009, 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 Resolution of the Seimas of the Republic of
Lithuania "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 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 (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), 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 (Official Gazette Valstybės žinios,
2008, No. 87-3461) shall be restored.
President Kęstutis
Lapinskas