Case No. 27/07
THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA
DECISION
ON THE DISMISSAL OF LEGAL PROCEEDINGS IN THE CASE
SUBSEQUENT TO THE PETITION OF A GROUP OF MEMBERS OF THE
SEIMAS OF THE REPUBLIC OF LITHUANIA, THE PETITIONER,
REQUESTING TO INVESTIGATE WHETHER THE PROVISION OF
PARAGRAPH 6 OF ARTICLE 2 OF THE REPUBLIC OF LITHUANIA
LAW "ON THE IMPLEMENTATION OF COUNCIL REGULATION (EC)
NO. 2201/2003 OF 27 NOVEMBER 2003 CONCERNING
JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF
JUDGMENTS IN MATRIMONIAL MATTERS AND THE MATTERS OF
PARENTAL RESPONSIBILITY, REPEALING REGULATION (EC) NO.
1347/2000" IS NOT IN CONFLICT WITH THE CONSTITUTIONAL
PRINCIPLE OF A STATE UNDER THE RULE OF LAW
14 December 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 of a group of Members of the Seimas of
the Republic of Lithuania, the petitioner, requesting to
investigate as to whether the provision "Cassation is not
possible in cases of return of a child" of Paragraph 6 of Article
2 of the Republic of Lithuania Law "On the Implementation of
Council Regulation (EC) No. 2201/2003 of 27 November 2003
Concerning Jurisdiction and the Recognition and Enforcement of
Judgments in Matrimonial Matters and the Matters of Parental
Responsibility, Repealing Regulation (EC) No. 1347/2000" is not
in conflict with the constitutional principle of a state under
the rule of law.
The Constitutional Court
has established:
1. A group of Members of the Seimas, the petitioner, applied
to the Constitutional Court with the petition requesting to
investigate as to whether the provision "Cassation is not
possible in cases of return of a child" of Paragraph 6 of Article
2 of the Law "On the Implementation of Council Regulation (EC)
No. 2201/2003 of 27 November 2003 Concerning Jurisdiction and the
Recognition and Enforcement of Judgments in Matrimonial Matters
and the Matters of Parental Responsibility, Repealing Regulation
(EC) No. 1347/2000", which was adopted on 21 April 2005, is not
in conflict with the constitutional principle of a state under
the rule of law.
This petition was received at the Constitutional Court on 21
September 2007.
2. By Ordinance of the President of the Constitutional Court
No. 2B-91 of 28 September 2007, subsequent to the petition of a
group of Members of the Seimas, the petitioner, the preparation
of case No. 27/07 for the Constitutional Court hearing commenced.
The Constitutional Court
holds that:
1. On 21 April 2005, the Seimas adopted the Law "On the
Implementation of Council Regulation (EC) No. 2201/2003 of 27
November 2003 Concerning Jurisdiction and the Recognition and
Enforcement of Judgments in Matrimonial Matters and the Matters
of Parental Responsibility, Repealing Regulation (EC) No. 1347/
2000" (Official Gazette Valstybės žinios, 2005, No. 58-2004),
which came into force on 7 May 2005.
2. Paragraph 6 of Article 2 of the Law "On the Implementation
of Council Regulation (EC) No. 2201/2003 of 27 November 2003
Concerning Jurisdiction and the Recognition and Enforcement of
Judgments in Matrimonial Matters and the Matters of Parental
Responsibility, Repealing Regulation (EC) No. 1347/2000" inter
alia prescribed: "Cassation is not possible in cases of return of
a child".
3. On 13 November 2008, the Seimas adopted the Republic of
Lithuania Law on the Implementation of Legal Acts of the European
Union and International Legal Acts that Regulate Civil Procedure,
(Official Gazette Valstybės žinios, 2008, No. 137-5366), which
came into force on 29 November 2008. Article 33 of this law
provides: "After this law comes into force, the following shall
become no longer effective: <
> 2) the Republic of Lithuania Law
'On the Implementation of Council Regulation (EC) No. 2201/2003
of 27 November 2003 Concerning Jurisdiction and the Recognition
and Enforcement of Judgments in Matrimonial Matters and the
Matters of Parental Responsibility, Repealing Regulation (EC) No.
1347/2000'; <...>."
Thus, upon adoption of the Law on the Implementation of Legal
Acts of the European Union and International Legal Acts that
Regulate Civil Procedure that came into force on 29 November
2008, the legal regulation, which is consolidated in Paragraph 6
of Article 2 of the Law "On the Implementation of Council
Regulation (EC) No. 2201/2003 of 27 November 2003 Concerning
Jurisdiction and the Recognition and Enforcement of Judgments in
Matrimonial Matters and the Matters of Parental Responsibility,
Repealing Regulation (EC) No. 1347/2000" and which is disputed by
the group of Members of the Seimas, the petitioner, became no
longer valid.
4. Paragraph 4 of Article 69 of the Law on the Constitutional
Court provides that the annulment of the disputed legal act shall
be grounds to adopt a decision to dismiss the instituted legal
proceedings. If it becomes clear before the beginning of the
judicial hearing, the Constitutional Court shall decide this
question in the deliberation room.
In its acts the Constitutional Court has held more than once
that the formula "shall be the grounds <...> to dismiss the
instituted legal proceedings" of Paragraph 4 of Article 69 of the
Law on the Constitutional Court is to be construed as
establishing the powers of the Constitutional Court, in cases,
when not courts, but other subjects specified in Article 106 of
the Constitution apply to the Constitutional Court, to dismiss
the instituted legal proceedings upon taking account of the
circumstances of the case at issue (inter alia rulings of 19
January 2005 and 28 March 2006, as well as decisions of 14 March
2006 (Cases No. 14/03 and 3/05), 31 May 2006, 29 December 2006,
28 May 2007, and 25 February 2008).
Conforming to Article 28 and Paragraph 4 of Article 69 of the
Republic of Lithuania Law on the Constitutional Court, the
Constitutional Court of the Republic of Lithuania has passed the
following
decision:
To dismiss the instituted legal proceedings in case No. 27/07
subsequent to the petition of a group of Members of the Seimas of
the Republic of Lithuania, the petitioner, requesting to
investigate whether the provision "Cassation is not possible in
cases of return of a child" of Paragraph 6 of Article 2 of the
Republic of Lithuania Law "On the Implementation of Council
Regulation (EC) No. 2201/2003 of 27 November 2003 Concerning
Jurisdiction and the Recognition and Enforcement of Judgments in
Matrimonial Matters and the Matters of Parental Responsibility,
Repealing Regulation (EC) No. 1347/2000" (Official Gazette
Valstybės žinios, 2005, No. 58-2004) is not in conflict with the
constitutional principle of a state under the rule of law.
This decision of the Constitutional Court 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