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     BEEN REVOKED AS ILLEGAL" OF PARAGRAPH 2 (WORDING OF  19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 sitting—Daiva 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the  court disposed of the case has been revoked as illegal"   of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