THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA
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
3 April 2009
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 hearingDaiva Pitrėnaitė,
in the procedural sitting of the Constitutional Court
considered 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 (hereinafter referred to as the Seimas Resolution No.
XI-209 of 26 March 2009) 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 Seimas 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 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 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 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 and with the constitutional principle of a state
under the rule of law.
The Constitutional Court
has established:
1. On 26 March 2009, the Seimas, the petitioner, adopted
Resolution No. XI-209, in whose Article 1 it set forth the
petition 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 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 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 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 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 and with the constitutional principle of a state
under the rule of law.
2. This petition of the Seimas, the petitioner, was
officially announced in the official gazette "Valstybės žinios"
on 2 April 2009 (Official Gazette Valstybės žinios, 2009, No. 36-
1377); it was registered at the Constitutional Court on 1 April
2009.
The Constitutional Court
holds that:
1. Under Paragraph 1 of Article 102 and Paragraph 1 and
Item 2 of Paragraph 2 of Article 105 of the Constitution,
investigation of the compliance of laws and other legal acts
adopted by the Seimas, as well as acts of the Government, shall
be attributed to the jurisdiction of the Constitutional Court.
2. Under Paragraph 1 of Article 106 of the Constitution,
the Government, not less than 1/5 of all the Members of the
Seimas, and the courts, shall have the right to apply to the
Constitutional Court concerning the conformity of the acts
specified in the First Paragraph of Article 105, i.e. the laws
and other legal acts adopted by the Seimas, with the
Constitution. Under Paragraph 3 of this article, not less than
1/5 of all the Members of the Seimas, the courts, as well as the
President of the Republic, shall have the right to apply to the
Constitutional Court concerning the conformity of acts of the
Government with the Constitution. Under Paragraph 4 of the same
article, 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.
While construing these provisions in a systemic manner, it
needs to be held that the Seimas in corpore has the
constitutional powers to apply, by means of a resolution, to the
Constitutional Court and request to investigate the compliance of
laws and other legal acts adopted by the Seimas, as well as acts
of the Government, with the Constitution.
3. Under Paragraph 1 of Article 26 (wording of 28 October
2003) of the Republic of Lithuania Law on the Constitutional
Court, in cases when the Constitutional Court receives a
resolution of the Seimas wherein it is requested to investigate
whether a law is in compliance with the Constitution, the
preliminary investigation of that material must be carried out
not later than within 3 days, and the issue of whether to accept
the petition for consideration in the Constitutional Court must
be settled during its organisational sitting.
The corresponding decision of the Constitutional Court
neither approves of nor denies the arguments on which the Seimas,
the petitioner, grounds its position; when adopting such
decisions, the fact of essential significance is whether the
petition of the petitioner is grounded on legal reasoning
(Constitutional Court decisions of 15 December 2006, 8 January
2008 and 8 October 2008).
4. The petition set forth in Seimas Resolution No. XI-209
of 26 March 2009 is grounded on legal reasoning.
5. It has been mentioned that, under Paragraph 4 of the
Article 106 of the Constitution, 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. Under
Paragraph 1 of Article 107 of the Constitution, a law (or part
thereof) of the Republic of Lithuania or other act (or part
thereof) of the Seimas, act of the President of the Republic, act
(or part thereof) of the Government 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, it needs to be held that the
decision of the Constitutional Court to accept a petition set
forth in the Seimas resolution requesting to investigate whether
the provisions of laws, other acts of the Seimas and acts of the
Government comply with the Constitution suspends the validity of
the corresponding provisions.
Under Paragraph 2 of Article 26 (wording of 28 October
2003) of the Law on the Constitutional Court, 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" 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 (part
thereof) is suspended from the day of this official announcement
until the ruling of the Constitution Court concerning this case
is published.
Under Paragraph 3 of Article 26 (wording of 28 October
2003) of the Law on the Constitutional Court, in cases when the
Constitutional Court, having considered a case, adopts a ruling
that the disputed act or part thereof is not in conflict with the
Constitution, the President of the Constitutional Court shall
immediately make an official announcement about it under
procedure established in Paragraph 2 of this article. In this
announcement, the President of the Constitutional Court shall
state the exact title of the disputed act, the date of its
adoption, the essence of the ruling of the Constitutional Court
concerning this issue, the date of its adoption, and that the
validity of the suspended act (part thereof) shall be restored
from the day that this ruling is published.
Conforming to Paragraph 1 and Item 2 of Paragraph 2 of
Article 105 of the Constitution of the Republic of Lithuania and
Articles 26, 28 and 63 of the Law on the Constitutional Court of
the Republic of Lithuania,
The Constitutional Court of the Republic of Lithuania has
passed the following
decision:
To accept the petition set forth in Resolution of the
Seimas of the Republic of Lithuania 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 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.
This Constitutional Court decision 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