Lt

The Regulations of the Apparatus of the Constitutional Court

 THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

DECISION

ON AMENDING THE DECISION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA “ON THE APPROVAL OF THE REGULATIONS OF THE APPARATUS OF THE CONSTITUTIONAL COURT” OF 16 JANUARY 2006

 

20 January 2016, no 17B-1

Vilnius

 

The Constitutional Court of the Republic of Lithuania, composed of the Justices of the Constitutional Court: Elvyra Baltutytė, Vytautas Greičius, Danutė Jočienė, Pranas Kuconis, Gediminas Mesonis, Vytas Milius, Egidijus Šileikis, Algirdas Taminskas, and Dainius Žalimas

The court reporter – Daiva Pitrėnaitė

The Constitutional Court, in its organisational sitting, considered the draft of the Regulations of the Apparatus of the Constitutional Court of the Republic of Lithuania in their new wording.

Conforming to Paragraph 1 of Article 86 of the Law on the Constitutional Court of the Republic of Lithuania, the Constitutional Court adopts the following

decision:

1. To amend the Regulations of the Apparatus of the Constitutional Court of the Republic of Lithuania approved by the Constitutional Court’s Decision “On the Approval of the Regulations of the Apparatus of the Constitutional Court” of 16 January 2006 and set them forth in their new wording (attached hereto).

2. The Regulations of the Apparatus of the Constitutional Court of the Republic of Lithuania set forth in their new wording shall come into force on 1 February 2016.

3. To publish this decision of the Constitutional Court and the Regulations of the Apparatus of the Constitutional Court of the Republic of Lithuania on the website of the Constitutional Court.

Justices of the Constitutional Court:           Elvyra Baltutytė

                                                                               Vytautas Greičius

                                                                               Danutė Jočienė

                                                                               Pranas Kuconis

                                                                               Gediminas Mesonis

                                                                               Vytas Milius

                                                                               Egidijus Šileikis

                                                                               Algirdas Taminskas

                                                                               Dainius Žalimas

 

 

 

APPROVED BY

the Constitutional Court’s decision of 16 January 2006

(wording of Constitutional Court’s decision no 17B-1 of 20 January 2016)

 

THE REGULATIONS OF THE APPARATUS OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

 

I. GENERAL PROVISIONS

 

1. The Regulations of the Apparatus of the Constitutional Court of the Republic of Lithuania (hereinafter referred to as the Regulations of the Apparatus) regulate the tasks and functions of the Apparatus and structural units of the Constitutional Court of the Republic of Lithuania (hereinafter referred to as the Constitutional Court or the Court) as well as the issues of organising the activity of the Apparatus of the Court.

2. In its activity, the Apparatus of the Constitutional Court observes the Constitution of the Republic of Lithuania, the Law on the Constitutional Court of the Republic of Lithuania and other laws of the Republic of Lithuania, rulings and decisions of the Constitutional Court, the Rules of the Constitutional Court (hereinafter referred to as the Rules), orders and ordinances of the President of the Constitutional Court, orders of the Chancellor of the Constitutional Court, other legal acts, and these Regulations of the Apparatus.

3. The activity of the Apparatus of the Constitutional Court is based on the principles of the rule of law, objectivity, proportionality, non-abuse of power, institutional assistance, efficiency, and subsidiarity, the “one-stop shop” principle, as well as the principles the equality of rights, transparency, responsibility for adopted decisions, innovations, and openness to change.

 

II. THE PURPOSE AND TASKS OF THE ACTIVITY OF THE APPARATUS OF THE CONSTITUTIONAL COURT

 

4. The purpose of the activity of the Apparatus of the Constitutional Court is to create the conditions for the Constitutional Court to exercise its powers provided for in the Constitution and the Law of the Constitutional Court. For this purpose, the Apparatus of the Constitutional Court ensures the provision of clerical, informational, economic, financial, and technical services at the Constitutional Court, develops international relations, performs the assignments of the justices in relation to the implementation of the functions of the justices, and renders organisational assistance to the justices.

5. The main tasks of the Apparatus of the Constitutional Court are as follows:

5.1. helping the justices of the Constitutional Court to prepare cases for the Court’s hearings as well as draft acts and other draft documents of the Constitutional Court;

5.2. helping the President of the Constitutional Court to exercise the powers established for him/her in laws and other legal acts;

5.3. organising the development of international relations, helping the strengthening of the ties of the Constitutional Court with the public, and ensuring the arrangement of events related to the activity of the Court;

5.4. participating in organising hearings of the Constitutional Court, organising document management, ensuring that requests of persons are considered and that persons are provided with the respective service at the Court;

5.5. organising and ensuring the installation and functioning of modern information and communication systems at the Constitutional Court; installing, administering, and developing the Court’s computer networks, the system of document management and other information systems;

5.6. collecting, systematising, and retaining the publications required for the fulfilment of the functions of the Constitutional Court, and ensuring the Court’s publishing activity;

5.7. carrying out the financial accounting policy of the Constitutional Court and ensuring that the financial accountability would correctly reflect the financial position of the Court;

5.8. ensuring the security, utilisation, and maintenance of the buildings, other property, premises, and territory of the Constitutional Court, as well as proper use of the property of the Court, creating adequate conditions for the justices of the Constitutional Court, as well as the state servants and employees of the Apparatus of the Court, so that they could fulfil their functions.

 

III. THE STRUCTURE OF THE APPARATUS OF THE CONSTITUTIONAL COURT AND THE ORGANISATION OF ITS ACTIVITY

 

6. The Apparatus of the Constitutional Court is as follows: the Chancellor, advisers to the President and other state servants directly subordinate to the President or the Chancellor, assistants to the justices, the Division of Legal Research, the Division of Administration and Protocol, the Division of Information and Technologies, the Division of Finances and Strategic Planning, and the Division of Logistics.

7. The structure of the Apparatus of the Constitutional Court is approved by the Constitutional Court.

8. Any issues of organising the activity of the Apparatus of the Constitutional Court are decided by the President of the Constitutional Court. Such issues are also decided by the Chancellor within the competence conferred on him/her by these Regulations of the Apparatus.

9. The work of the state servants directly subordinate to the President of the Constitutional Court is organised, coordinated and controlled by the President of the Constitutional Court, or, upon his/her assignment, by the Chancellor.

10. The Apparatus of the Constitutional Court is headed by the Chancellor of the Constitutional Court who is directly subordinate to the President of the Constitutional Court. The Chancellor is appointed and released by the President of the Constitutional Court under procedure established by means of laws. The President of the Constitutional Court also decides the issues of business trips, leave, incentives, service-related liability of the Chancellor and other questions related to his/her activity while in office.

11. The Chancellor organises the work of the Apparatus of the Constitutional Court, coordinates and controls the activity of the Apparatus of the Court through the heads of the structural units and other state servants who do not belong to any structural units of the Constitutional Court.

12. The Chancellor issues orders on questions of organising the work activity of the Apparatus of the Constitutional Court. Such orders are mandatory for all the state servants and employees of the Apparatus of the Court. The Chancellor controls how such orders are carried out.

13. The structural units – divisions – of the Constitutional Court are headed by heads who are directly subordinate to the Chancellor. The heads of the divisions of the Apparatus of the Court are responsible for fulfilling the functions established for the divisions headed by them, for organising the work of such divisions, as well as for carrying out the assignments given by the President or the Chancellor of the Constitutional Court.

 

IV. THE CHANCELLOR AND THE HEADS OF THE STRUCTURAL UNITS (HEADS OF DIVISIONS) OF THE CONSTITUTIONAL COURT

 

14. The Chancellor fulfils the following functions:

14.1. organises the work of the Apparatus of the Constitutional Court, as well as coordinates and controls the activity of its structural units;

14.2. approves the plan of the strategic activities of the Constitutional Court as well as other planning documents and ensures that in the course of their implementation the financial, material, intellectual, and information resources are managed and used in an optimal manner;

14.3. if charged by the President of the Constitutional Court, administers the funds allocated to the Constitutional Court, signs the respective financial documents, and concludes agreements on behalf of the Constitutional Court;

14.4. represents the Constitutional Court in state and municipal institutions as well as in other institutions, enterprises, establishments, and organisations within his/her competence;

14.5. appoints and releases the state servants and employees of the Apparatus of the Constitutional Court, gives incentives to them, imposes service-related (disciplinary) penalties, and grants assistant payment; approves an annual leave schedule of the state servants and employees of the Apparatus of the Court; decides the issues of leave of the state servants and employees of the Apparatus of the Court and the issues of their business trips within the Republic of Lithuania, as well as fulfils other functions of managing the staff of the Apparatus of the Court; submits the list of the positions of the state servants and employees of the Apparatus of the Constitutional Court and the job descriptions for such positions to the President of the Constitutional Court for approval;

14.6. within his/her competence, organises the consideration of letters, requests, complaints, and reports of persons, as well as other documents received at the Constitutional Court, and considers them;

14.7. organises the development of international relations of the Constitutional Court and fulfils the functions of the Secretary General (the highest-standing state servant of the Apparatus of the Constitutional Court who is responsible for the development of international relations); within his/her competence, represents the Constitutional Court when it performs the obligations arising from the membership in international organisations, and when the Constitutional Court seeks to participate and participates in international cooperation projects and other projects related to the activity of the Court;

14.8. ensures that the procedures for public procurement are followed; if charged by the President of the Constitutional Court, exercises the powers of the head of a purchasing organisation in the sphere of public procurement;

14.9. forms permanent or temporary commissions or working groups for carrying out tasks of the Apparatus of the Court; forms such commissions or groups in cases provided for in legal acts; helps the chairpersons of the commissions or working groups formed by the President of the Constitutional Court to organise the work of such commissions or working groups, participates in their activity and meetings;

14.10. organises the publishing activity of the Constitutional Court;

14.11. creates the conditions for implementing the Rules’ provisions related to the rights of the former justices of the Constitutional Court;

14.12. keeps the armorial seal of the Constitutional Court and is responsible for the use thereof;

14.13. executes other assignments of the President of the Constitutional Court and fulfils other functions provided for in legal acts and in the Job Description for the Position of the Chancellor.

15. The heads of the structural units (heads of divisions) of the Constitutional Court fulfil the following functions:

15.1. they are responsible for the work of the respective division and organise it by observing the Law on the Constitutional Court, other laws and legal acts, the Rules, these Regulations of the Apparatus, orders or assignments of the President or the Chancellor of the Constitutional Court, and the job descriptions for the positions;

15.2. they distribute work among the state servants and employees of the Apparatus of the Constitutional Court that are subordinate to them as well as coordinate and control how the tasks given to such state servants or employees are carried out;

15.3. they ensure that the state servants and other employees subordinate to them observe the official and work discipline, as well as laws and other legal acts, and that such state servants and employees perform the tasks given to them precisely and on time;

15.4. they ensure that, on the grounds of the principle of institutional assistance, the required informational or other assistance regarding the issues related to the functions of the division be rendered to the other divisions or to the state servants or employees of the Apparatus of the Constitutional Court who do not belong to such divisions;

15.5. they execute other assignments of the President or the Chancellor of the Constitutional Court and fulfil other functions provided for in legal acts and in the job description for the respective position.

 

V. THE STATE SERVANTS WHO DO NOT BELONG TO THE STRUCTURAL UNITS OF THE APPARATUS OF THE CONSTITUTIONAL COURT

 

16. The positions of state servants not belonging to any structural unit (division) of the Apparatus of the Constitutional Court may be established at the Court for carrying out the tasks laid down in these Regulations of the Apparatus.

17. Advisers to the President of the Constitutional Court give advice to the President of the Constitutional Court on legal, public relations and other issues. Advisers to the President of the Constitutional Court are state servants directly subordinate to the President of the Constitutional Court.

18. The position of an assistant to the President of the Constitutional Court may be established at the Constitutional Court, where such a position would be designed for carrying out the instructions of the President of the Constitutional Court related to the functions of the President of the Constitutional Court as specified in the Law on the Constitutional Court and the Rules. An assistant to the President of the Constitutional Court is a state servant directly subordinate to the President of the Constitutional Court.

19. At the Constitutional Court, the position of a state servant directly subordinate either to the President or the Chancellor of the Constitutional Court may be established so that such a state servant would pass on advice and render methodological and practical assistance in preparing the material for the judicial consideration of constitutional justice cases, would carry out the monitoring of draft acts of the Constitutional Court with a view to ensuring the integrity and consistency of the official constitutional doctrine, would systematise the jurisprudence of the Constitutional Court, and would fulfil other functions related to the activity of the Constitutional Court.

20. Assistants to the justices of the Constitutional Court provide assistance to the justices of the Constitutional Court in preparing constitutional justice cases for the judicial consideration as well as other draft acts of the Constitutional Court and other draft documents, and in fulfilling the other functions laid down in the Law on the Constitutional Court and the Rules. Assistants to the justices of the Constitutional Court are state servants directly subordinate to the Chancellor.

21. While carrying out the instructions given by the justices of the Constitutional Court, assistants to the justices help them fulfil the functions related to the preparation of constitutional justice cases for the judicial consideration and their other functions. Assistants to justices:

21.1. help with carrying out a preliminary investigation into the petitions or inquiries received at the Constitutional Court, prepare draft notes on the preliminary investigation, and submit them to the justice conducting the preliminary investigation;

21.2. prepare notes for the justices with a comprehensive introduction to the problematic issues of the constitutional justice case prepared for the judicial consideration and a reasoned legal position on the questions to be solved in the case;

21.3. prepare draft acts of the Constitutional Court and drafts of the documents that require the signature of the respective justice of the Constitutional Court;

21.4. carry out by priority other instructions of the justices related to fulfilling their functions;

21.5. execute other assignments of the President or the Chancellor of the Constitutional Court.

22. Other positions of state servants required for carrying out the tasks of the Apparatus of the Constitutional Court may also be established at the Constitutional Court.

 

VI. THE DIVISION OF LEGAL RESEARCH

 

23. The tasks of the Division of Legal Research include participating, together with the assistants to the justices of the Constitutional Court, in the preparation of constitutional justice cases, and helping with fulfilling other functions assigned to the Constitutional Court within the competence granted to the Division of Legal Research.

24. While carrying out the tasks given to it, the Division of Legal Research performs the following functions:

24.1. collects, systematises, summarises, and analyses the legal information required for preparing constitutional justice cases and fulfilling other functions of the Constitutional Court;

24.2. prepares summaries, surveys and general conclusions regarding the case-law of the Constitutional Court, foreign states’ institutions exercising constitutional jurisdiction, as well as international and national courts;

24.3. taking into consideration the tendencies of the development of the constitutional jurisprudence, carries out legal research within the topics and areas assigned for it;

24.4. prepares the statistical and other information about the petitions, inquiries and considered cases at the Constitutional Court, about the implementation of acts of the Constitutional Court and other issues of activity of the Constitutional Court;

24.5. where necessary, participate in a preliminary investigation into the petitions or inquiries received at the Constitutional Court;

24.6. participate in the research on the legal issues raised in constitutional justice cases, examine the Constitutional Court’s draft acts and other draft documents; where necessary, prepare such drafts;

24.7. prepare or help prepare draft internal documents of the Constitutional Court, ensure that the prepared drafts are in compliance with the laws and other legal acts of the Republic of Lithuania as well as the requirements of the juridical technique;

24.8. prepare or help prepare draft public procurement contracts concluded by the Constitutional Court, ensure that the prepared drafts meet the requirements of the legal acts regulating public procurement;

24.9. participate in the preparation of annual reports about the activity of the Constitutional Court and publications of the Constitutional Court;

24.10. prepare draft answers to the complaints, requests or reports of persons received at the Constitutional Court;

24.11. submit information to the President of the Constitutional Court, the justices, the Chancellor, and the other state servants and employees of the Apparatus of the Constitutional Court within the competence assigned to the Division of Legal Research;

24.12. execute other assignments of the President or the Chancellor of the Constitutional Court.

 

VII. THE DIVISION OF ADMINISTRATION AND PROTOCOL

 

25. The tasks of the Division of Administration and Protocol include participating in organising hearings of the Constitutional Court, ensuring quality reception (service) of persons, as well as translating, recording, managing, and retaining acts and other documents of the Court, and organising the events related to the activity of the Constitutional Court.

26. While carrying out the tasks given to it, the Division of Administration and Protocol performs the following functions:

26.1. ensures the technical services to hearings of the Constitutional Court;

26.2. receives and serves persons at the Constitutional Court, accepts requests, reports or complaints of persons, gives information by phone or electronic means;

26.3. registers other received requests or inquiries, makes entries on the register about the course of their consideration, ensures the safety of the case files that are received together with the respective petitions, manages the court files of considered constitutional justice cases, registers the orders of the President or the Chancellor of the Constitutional Court, registers the documents received or sent by the Court, as well as accepts, distributes and sends the Court’s mail;

26.4. keeps the record of documents, coordinates the preparation of internal legal acts of the Constitutional Court;

26.5. ensures the translation of acts and other documents of the Constitutional Court into foreign languages;

26.6. organises the establishment of priorities in the training of the state servants and employees of the Apparatus of the Constitutional Court, submits proposals in formulating the annual plans of training the staff of the Court, and organises the implementation of such plans;

26.7. participates in developing professional relations of the Constitutional Court with foreign states’ institutions exercising constitutional jurisdiction, as well as the courts of the Republic of Lithuania, courts of foreign states, international courts, and other institutions and organisations;

26.8. ensures the arrangement of national and international conferences and other events related to the activity of the Constitutional Court as well as the reception of foreign delegations and other guests;

26.9. prepares the relevant documents when the Constitutional Court seeks to participate and participates in projects of improving qualification, cooperation projects, or other national and international projects related to the activity of the Court;

26.10. executes other assignments of the President or the Chancellor of the Constitutional Court.

 

VIII. THE DIVISION OF INFORMATION AND TECHNOLOGIES

 

27. The tasks of the Divisions of Information and Technologies include organising and ensuring the installation and functioning of modern information and communication systems at the Constitutional Court, installing, administering, and developing the computer networks of the Court, document management and other systems, ensuring the editing of the acts and other documents of the Constitutional Court, and performing the tasks related to the publishing activity of the Constitutional Court.

28. While carrying out the tasks given to it, the Division of Information and Technologies fulfils the following functions:

28.1. organises the installation of information technologies, the design and development of information communication systems, the design and management of data bases;

28.2. edits the acts and other documents of the Constitutional Court, including those that must be sent to other institutions or citizens, so that they would meet the requirements of grammatically correct Lithuanian;

28.3. organises and performs the maintenance and update of the systems of information and communication technologies of the Constitutional Court by ensuring their proper functioning and security;

28.4. organises the establishment and maintenance of the internet and intranet work parameters as well as the work parameters of the external and internal email;

28.5. organises the procurement and upgrading of the computer equipment, the computer software, or other equipment;

28.6. ensures the use of innovative information technologies in the course of the recording and making inventory of the material valuables of the Constitutional Court;

28.7. ensures the technical possibilities of using the respective systems of legal information;

28.8. ensures the adequate technical possibilities of making audio recordings of hearings of the Constitutional Court;

28.9. ensures the design and update of the website of the Constitutional Court and the upload of data on the website;

28.10. prepares, edits, performs paste-up of, and publishes collections of rulings, conclusions, and decisions adopted by the Constitutional Court, the Bulletin of the Constitutional Court, an annual report about the activity of the Court, the material of conferences arranged by the Constitutional Court, and other publications of the Court;

28.11. creates the design of the publications published by the Constitutional Court and the design of its information systems;

28.12. while organising the activity of the library of the Constitutional Court, ensures subscribing to periodicals, ordering legal or other relevant literature, lending and returning the publications kept in the library, forms and maintains the stock of publications in the library of the Court;

28.13. consults the justices, the state servants and employees of the Apparatus of the Constitutional Court on issues of the use of the computer and communication technologies and computer software;

28.14. executes other assignments of the President or the Chancellor of the Constitutional Court.

 

IX. THE DIVISION OF FINANCES AND STRATEGIC PLANNING

 

29. The tasks of the Divisions of Finances and Strategic Planning include ensuring the lawfulness, economy, efficiency, and performance of the use of the allocations of the State Budget meant for the Constitutional Court, doing the bookkeeping, keeping the record of material valuables and cash, participating in preparing the documents of strategic activity or public procurement, as well as other planning documents, and ensuring a proper implementation of such documents.

30. While carrying out the tasks given to it, the Division of Finances and Strategic Planning fulfils the following functions:

30.1. forms the accounting policy of the Constitutional Court and participates in the implementation thereof, and submits proposals to the Chancellor on issues of the accounting policy;

30.2. under procedure established by means of legal acts, organises and does the bookkeeping of the Constitutional Court;

30.3. assesses the need of allocations, prepares draft estimates of the budget of the Constitutional Court, exercises control over and performs an analysis of the estimates of approved programmes;

30.4. ensures that the payments for the justices, state servants and employees of the Constitutional Court, as well as for other persons, are made properly and on time, exercises control over accounts receivable and accounts payable, keeps the account of payable and receivable amounts;

30.5. keeps the record of long-term tangible assets, intangible assets, and short-term assets;

30.6. forms collections of the Constitutional Court’s financial accounts and its budget execution accounts, as well as statistical and other accounts, and, under procedure established by means of legal acts, submits them to other state institutions;

30.7. exercises preliminary and successive financial control;

30.8. does public procurement planning, keeps records thereof, ensures that the internal documents of the Constitutional Court related to public procurement are in compliance with the valid legal acts;

30.9. accumulates, systematises, and retains the documents related to the fulfilment of the functions of the Division of Finances and Strategic Planning;

30.10. executes other assignments of the President or the Chancellor of the Constitutional Court.

 

X. THE DIVISION OF LOGISTICS

 

31. The tasks of the Division of Logistics include ensuring the security, utilisation, and maintenance of the buildings, other property, premises, and territory of the Constitutional Court, as well as proper use of the property of the Court, creating adequate working conditions for the justices of the Constitutional Court, the state servants and employees of the Apparatus of the Court so that they could properly fulfil their functions.

32. While carrying out the tasks given to it, the Division of Logistics fulfils the following functions:

32.1. exercises supervision over the use of the tangible assets of the Constitutional Court, submits proposals to the Chancellor on the issues of the management, use, and disposal of such assets, as well as on the issues of the necessity or expediency of repairs of such assets;

32.2. organises the repairs or reconstruction of the buildings, premises or engineering systems of the Constitutional Court, exercises control over the quality of such work, makes minor repairs of the premises and engineering systems;

32.3. ensures cleanliness and order on the premises of the Constitutional Court and in the territory assigned to the buildings of the Constitutional Court;

32.4. arranges that the offices, rooms assigned for sittings or hearings, and other premises of the Constitutional Court are supplied with furniture and other equipment;

32.5. addresses the security matters of the Constitutional Court’s buildings, premises, and territory;

32.6. arranges that the requirements of fire safety, civil security, work safety, and health are fulfilled at the Constitutional Court and ensures that such requirements are complied with;

32.7. ensures, organises, and carries out proper use, repair, and maintenance of the official cars of the Constitutional Court, keeps the record of the fuel use of the official cars;

32.8. executes other assignments of the President or the Chancellor of the Constitutional Court.

 

XI. FINAL PROVISIONS

 

33. The functions of the state servants and employees of the Apparatus of the Constitutional Court are provided for in the job descriptions for their positions. The job descriptions for the positions of the state servants and employees of the Apparatus of the Court and the lists of such descriptions are approved by the President of the Constitutional Court.

34. The internal rules of (labour) conduct of the Constitutional Court are regulated by the Internal Rules of Conduct of the Constitutional Court which are approved by the President of the Constitutional Court.

35. The Regulations of the Apparatus of the Constitutional Court are amended by a decision of the Constitutional Court.