THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA
DECISION
ON THE PETITION OF THE VILNIUS REGIONAL ADMINISTRATIVE
COURT, THE PETITIONER, REQUESTING TO INVESTIGATE
WHETHER THE PROVISION "THE PROCEEDINGS MAY BE RESUMED
ON THE FOLLOWING GROUNDS: <
> 11) IF THE LEGAL ACT ON
THE BASIS WHEREOF THE COURT DISPOSED OF THE CASE HAS
BEEN REVOKED AS ILLEGAL" OF PARAGRAPH 2 (WORDING OF 19
SEPTEMBER 2000) OF ARTICLE 153 OF THE REPUBLIC OF
LITHUANIA LAW ON THE PROCEEDINGS ADMINISTRATIVE CASES
IS NOT IN CONFLICT WITH PARAGRAPH 1 OF ARTICLE 29 AND
PARAGRAPH 1 OF ARTICLE 107 OF THE CONSTITUTION OF THE
REPUBLIC OF LITHUANIA, THE CONSTITUTIONAL PRINCIPLE OF
A STATE UNDER THE RULE OF LAW, AS WELL AS PARAGRAPH 4
OF ARTICLE 72 OF THE LAW ON THE CONSTITUTIONAL COURT OF
THE REPUBLIC OF LITHUANIA
10 November 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 sittingDaiva Pitrėnaitė,
in the procedural sitting of the Constitutional Court
considered the petition (No. 1B-54/2009) of the Vilnius Regional
Administrative Court, the petitioner, requesting to investigate
whether the provision "The proceedings may be resumed on the
following grounds: <
> 11) if the legal act on the basis whereof
the court disposed of the case has been revoked as illegal" of
Paragraph 2 (wording of 19 September 2000) of Article 153 of the
Republic of Lithuania Law on the Proceedings of Administrative
Cases to the extent that, according to the petitioner,
proceedings in the administrative case are resumed when the
Constitutional Court recognises a legal act as being in conflict
with the Constitution or the laws, is not in conflict with
Paragraph 1 of Article 29 and Paragraph 1 of Article 107 of the
Constitution of the Republic of Lithuania, the constitutional
principle of a state under the rule of law, as well as Paragraph
4 of Article 72 of the Law on the Constitutional Court of the
Republic of Lithuania.
The Constitutional Court
has established:
The Vilnius Regional Administrative Court, the petitioner,
was investigating an administrative case. By its ruling the said
court suspended the consideration of the case and applied to the
Constitutional Court with a petition requesting to investigate
whether the provision "The proceedings may be resumed on the
following grounds: <
> 11) if the legal act on the basis whereof
the court disposed of the case has been revoked as illegal" of
Paragraph 2 (wording of 19 September 2000) of Article 153 of the
Law on the Proceedings of Administrative Cases to the extent
that, according to the petitioner, proceedings in the
administrative case are resumed when the Constitutional Court
recognises a legal act as being in conflict with the Constitution
or the laws, is not in conflict with Paragraph 1 of Article 29
and Paragraph 1 of Article 107 of the Constitution, the
constitutional principle of a state under the rule of law, as
well as Paragraph 4 of Article 72 of the Law on the
Constitutional Court.
The Constitutional Court
holds that:
1. The Vilnius Regional Administrative Court, the
petitioner, inter alia requests to investigate as to whether the
provision "The proceedings may be resumed on the following
grounds: <
> 11) if the legal act on the basis whereof the court
disposed of the case has been revoked as illegal" of Paragraph 2
(wording of 19 September 2000) of Article 153 of the Law on the
Proceedings of Administrative Cases to the extent that, according
to the petitioner, proceedings in the administrative case are
resumed when the Constitutional Court recognises a legal act as
being in conflict with the Constitution or the laws, is not in
conflict with Paragraph 4 of Article 72 of the Law on the
Constitutional Court, i.e. he requests that the Constitutional
Court investigate the compliance of a legal act with a legal act
of the same power.
According to Paragraph 1 of Article 105 of the Constitution
and Item 1 of Paragraph 1 of Article 63 of the Law on the
Constitutional Court, the Constitutional Court investigates
whether the laws are not in conflict with the Constitution. The
Constitutional Court has held in its acts more than once that
according to the Constitution it does not investigate the
compliance of a legal act with a legal act of the same power and
that according to Item 2 of Paragraph 1 of Article 69 of the Law
on the Constitutional Court (conforming to which, by a decision,
the Constitutional Court shall refuse to consider petition, if it
does not fall under the jurisdiction of the Constitutional
Court), this constitutes the reason to refuse to consider the
respective petition of the petitioner.
Thus, the consideration of the compliance of the provision
of Paragraph 2 (wording of 19 September 2000) of Article 153 of
the Law on the Proceedings of Administrative Cases with Paragraph
4 of Article 72 of the Law on the Constitutional Court does not
fall under the jurisdiction of the Constitutional Court.
Having taken into account the arguments set forth, one is to
conclude that there are grounds to refuse to consider the
petition of the Vilnius Regional Administrative Court, the
petitioner, to the extent that it requests to investigate as to
whether the provision "The proceedings may be resumed on the
following grounds: <
> 11) if the legal act on the basis whereof
the court disposed of the case has been revoked as illegal" of
Paragraph 2 (wording of 19 September 2000) of Article 153 of the
Law on the Proceedings of Administrative Cases is not in conflict
with Paragraph 4 of Article 72 of the Law on the Constitutional
Court.
2. The petition of the Vilnius Regional Administrative
Court, the petitioner, requesting to investigate whether the
provision "The proceedings may be resumed on the following
grounds: <
> 11) if the legal act on the basis whereof the court
disposed of the case has been revoked as illegal" of Paragraph 2
(wording of 19 September 2000) of Article 153 of the Law on the
Proceedings of Administrative Cases to the extent that, according
to the petitioner, proceedings in the administrative case are
resumed when the Constitutional Court recognises a legal act as
being in conflict with the Constitution or the laws, is not in
conflict with Paragraph 1 of Article 29 and Paragraph 1 of
Article 107 of the Constitution and the constitutional principle
of a state under the rule of law, meets the requirements
established in the Constitution and the Law on the Constitutional
Court.
Conforming to Article 28 and Item 2 of Paragraph 1 of
Article 69 of the Law on the Constitutional Court of the Republic
of Lithuania, the Constitutional Court has passed the following
decision:
1. To accept for consideration the petition of the Vilnius
Regional Administrative Court, the petitioner, requesting to
investigate whether the provision "The proceedings may be resumed
on the following grounds: <
> 11) if the legal act on the basis
whereof the court disposed of the case has been revoked as
illegal" of Paragraph 2 (wording of 19 September 2000) of Article
153 of the Republic of Lithuania Law on the Proceedings of
Administrative Cases to the extent that, according to the
petitioner, proceedings in the administrative case are resumed
when the Constitutional Court recognises a legal act as being in
conflict with the Constitution or the laws, is not in conflict
with Paragraph 1 of Article 29 and Paragraph 1 of Article 107 of
the Constitution of the Republic of Lithuania and the
constitutional principle of a state under the rule of law.
2. To refuse to consider the petition of the Vilnius
Regional Administrative Court, the petitioner, requesting to
investigate whether the provision "The proceedings may be resumed
on the following grounds: <
> 11) if the legal act on the basis
whereof the court disposed of the case has been revoked as
illegal" of Paragraph 2 (wording of 19 September 2000) of Article
153 of the Republic of Lithuania Law on the Proceedings of
Administrative Cases to the extent that, according to the
petitioner, proceedings in the administrative case are resumed
when the Constitutional Court recognises a legal act as being in
conflict with the Constitution or the laws, is not in conflict
with Paragraph 4 of Article 72 of the Law on the Constitutional
Court of the Republic of Lithuania.
This decision of the Constitutional Court is final and not
subject to appeal.
The decision is promulgated in the name of 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