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The Rules 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 RULES OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA” OF 5 MARCH 2004

 

31 August 2015, no 17B-3

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 Rules of the Constitutional Court of the Republic of Lithuania in their new wording.

Conforming to Article 3 of the Law on the Constitutional Court of the Republic of Lithuania, the Constitutional Court adopts the following

decision:

1. To amend the Rules of the Constitutional Court of the Republic of Lithuania (Official Gazette Valstybės žinios, 2004, No 38-1237; 2007, No 100-4082; 2008, No 139-5513; 2009, No 34-1303) and to set them forth in their new wording (attached hereto).

2. The Rules of the Constitutional Court of the Republic of Lithuania in their new wording shall come into force on 1 September 2015, except the provisions of Item 47 of these Rules.

3. The provisions of Item 47 of the Rules of the Constitutional Court of the Republic of Lithuania in their new wording shall come into force on 1 February 2016. Until the entry into force of these provisions, the following structure of the Apparatus of the Constitutional Court shall be in force: the Chancellor; the Deputy Chancellor; advisers to the President; assistants to the President; the Secretariat of the President; the Law Department; the Division of Information and Technologies; the General Division; the Finance Division; and the Economy Division. Until 1 February 2016, the functions of the structural divisions of the Apparatus of the Constitutional Court and the functions of individual positions at the Apparatus of the Constitutional Court shall be regulated in accordance with the Regulations of the Apparatus of the Constitutional Court of the Republic of Lithuania, as approved by the decision of the Constitutional Court of 16 January 2006, as well as in accordance with the Job Descriptions for the Positions of State Servants of the Constitutional Court, as approved by the respective orders of the President of the Constitutional Court.

4. To publish this decision of the Constitutional Court and the Rules of the Constitutional Court of the Republic of Lithuania in the Register of Legal Acts, as well as 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 5 March 2004

(wording of Constitutional Court’s decision no 17B-3 of 31 August 2015)

 

THE RULES OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

CHAPTER I

GENERAL PROVISIONS

 

1. The tasks, powers, and work procedure of the Constitutional Court of the Republic of Lithuania (hereinafter referred to as the Constitutional Court or the Court) are established by the Constitution of the Republic of Lithuania and the Law on the Constitutional Court of the Republic of Lithuania.

2. The Rules of the Constitutional Court of the Republic of Lithuania (hereinafter referred to as the Rules) regulate the organisation of the work of the Constitutional Court, the ethics (professional conduct) of the justices of the Constitutional Court, the structure of the Apparatus of the Constitutional Court, the development of international relations, the preparation and consideration of constitutional justice cases, the publication of acts adopted by the Constitutional Court, and other issues related to the activity of the Court.

3. The issues concerning the approval and amendment of the Rules are considered and decided at the organisational sittings of the Court. These sittings are valid only when at least half of all the justices of the Constitutional Court are present.

4. The Rules are approved and amended by the decision of the Constitutional Court adopted by a majority vote of the justices of the Constitutional Court present at the sitting.

 

CHAPTER II

THE ORGANISATION OF THE WORK OF THE CONSTITUTIONAL COURT

 

SECTION I

GENERAL ISSUES CONCERNING THE ORGANISATION OF THE WORK OF THE JUSTICES OF THE CONSTITUTIONAL COURT

 

5. The working hours per day are not fixed for the justices of the Constitutional Court. Where necessary, the justices may work during days off.

6. The justices of the Constitutional Court normally perform their educational or creative work outside their working hours at the Court. Educational or creative work may not be performed at the time designated for the sittings of the Court.

7. The activities of the justices of the Constitutional Court that are not related to the duties of the justices of the Constitutional Court must not hinder them in performing their direct duties at the Court.

8. The justices of the Constitutional Court, insofar as the possibilities of the Court allow, participate in international conferences, seminars, and other professional and international cooperation events, as well as familiarise themselves with the work experience of the constitutional review institutions of other states and international institutions.

 

SECTION II

THE TYPES OF SITTINGS OF THE CONSTITUTIONAL COURT

 

9. The Constitutional Court can hold organisational and procedural sittings, as well as judicial hearings.

10. At judicial hearings, the Constitutional Court hears constitutional justice cases subsequent to petitions and inquiries accepted for consideration at the Constitutional Court, as well as considers petitions requesting the interpretation of the rulings, conclusions, and decisions adopted by the Constitutional Court. Judicial hearings are held in accordance with the procedure established in the Law on the Constitutional Court and Chapter VIII of these Rules.

 

SECTION III

GENERAL PROVISIONS CONCERNING THE ORGANISATION OF ORGANISATIONAL AND PROCEDURAL SITTINGS

 

11. As a rule, organisational and procedural sittings are held on Tuesdays, Wednesdays, and Thursdays, unless, where necessary, decided otherwise by the Constitutional Court or the President of the Constitutional Court.

12. The justices who are unable to participate at a sitting due to important reasons must notify the President of the Constitutional Court as soon as possible. The justices who are unable to participate at a sitting may submit their opinions in writing on the issues to be considered at the sitting; these opinions must be made known at the sitting.

13. In the course of preparing the sittings of the Constitutional Court, time is allocated for the individual work of the justices – the preparation of cases assigned to them for judicial consideration, as well as familiarisation with the material to be considered at a procedural sitting of the Court.

14. A sitting is chaired by the President of the Constitutional Court; in his absence, a sitting is chaired by the justice who is temporarily acting for the President of the Constitutional Court. Where the President of the Constitutional Court or the justice who is temporarily acting for the President of the Constitutional Court is, at the same time, the justice-rapporteur, a sitting is chaired by another justice who is appointed by the President of the Constitutional Court or who is appointed by the justice temporarily acting for the President of the Constitutional Court.

15. The issues for consideration at a sitting are proposed by the President and justices of the Constitutional Court. The Chairperson of a sitting submits the agenda of the sitting. The justices have the right to propose amendments or supplements to the agenda. The agendas and schedules of organisational sittings are established by the Constitutional Court. As a rule, the agendas and schedules of procedural sittings for the forthcoming week are established by the President of the Constitutional Court.

16. The items on the agenda are considered in consecutive order. By common agreement, the Court may change the sequence of the items under consideration.

17. Upon the decision of the President of the Constitutional Court or the decision of the Court, the state servants and employees of the Court, scientists, specialists, and other persons may be requested to attend organisational and procedural sittings.

18. After the discussion, the Chairperson of a sitting may formulate the main theses and conclusions and, where necessary, alternatives to the discussed issues.

19. Decisions on issues considered at organisational and procedural sittings are adopted by a majority vote of the justices present at the sitting. The Chairperson of the sitting counts the votes given for and against the decision.

20. The justices who did not participate at a sitting are informed about the decisions adopted by the Court.

21. State servants and employees of the Court, other state institutions and/or officials, as well as the mass media, are informed about the adopted decisions if the Court so decides.

 

SECTION IV

PROCEDURAL SITTINGS OF THE CONSTITUTIONAL COURT

 

22. At procedural sittings, the Constitutional Court decides questions proposed by the President of the Constitutional Court concerning the admissibility of applications and the preparation and consideration of cases, also all refusals to accept applications for consideration, the issues concerning the preparation, joining, and separation of cases, and other issues concerning preparation for judicial hearings, as well as the disagreements between the justices and the President of the Constitutional Court concerning the admissibility of applications.

23. The Chairperson of a sitting introduces each item on the agenda and gives the floor to the rapporteur. After his speech, the rapporteur may be asked questions.

24. As a rule, the floor is given, or questions are asked, in turn. It is allowed to speak out of turn only with the permission of the Chairperson of the sitting. The priority to speak out of turn should be given to the rapporteur.

25. As a rule, a draft decision regarding the considered item of the agenda is submitted either by the rapporteur or the Chairperson of the sitting. The justices may submit alternative draft decisions.

26. At procedural sittings, either oral or written decisions may be adopted. A written decision specifies the date of the sitting, the justices who participated at the sitting, the considered issue and, where necessary, the reasoning of the decision, as well as the adopted decision. The written decisions of the Court are signed by all the justices who participated at the sitting.

27. Minutes are taken during procedural sittings. The minutes indicate the date of the sitting, the number of the minutes, the justices and other persons who participated at the sitting, the agenda, as well as the speakers on particular issues, and specify the adopted decision. The draft minutes are prepared for signing not later than on the second working day after the sitting.

28. The minutes of a procedural sitting are signed by the Chairperson of the sitting and the court reporter.

 

SECTION V

ORGANISATIONAL SITTINGS OF THE CONSTITUTIONAL COURT

 

29. At organisational sittings, the most important issues connected with the organisation of the work of the Constitutional Court, the structure of the Apparatus of the Constitutional Court (hereinafter referred to as the Apparatus of the Court), the development of international relations, as well as other issues essential for ensuring the activity of the Court, are considered and decided, and an estimate of the expenditure of the Constitutional Court for the financial year concerned is presented.

30. As a rule, at organisational sittings, oral decisions are adopted. Written decisions may be adopted at organisational sittings if the Court so decides. Where necessary for the purposes of an investigation into certain issues or the preparation of such issues for consideration, the Constitutional Court may form provisional commissions or working groups.

31. Minutes at organisational sittings may be taken if the Constitutional Court so decides.

CHAPTER III

THE ETHICS (PROFESSIONAL CONDUCT) OF THE JUSTICES

 

32. The justices follow only the Constitution and obey only the Constitution and laws not in conflict with it.

33. The justices enjoy the independence conferred on them by the Constitution. While in office, the justices are independent of any state or municipal institutions or their officials, private persons or organisations, political parties, the public or its groups, as well as the mass media. The independence of the justices includes obligations.

34. The justices must protect the honour and prestige of their profession and may not violate human rights or dignity. The justices must behave in such a way that would not degrade the name of judges.

35. While in office, the justices may not express their attitudes as regards the gender, age, race, nationality, language, origin, belief, convictions or views, sexual orientation, or social status of a person and, thus, may not create any preconditions for discriminating against persons or granting privileges to them on these or other grounds.

36. While in office, the justices must be impartial. When hearing the persons participating in the proceedings, the justices must be equally attentive to all of them, but must be strict with regard to the offenders of the established procedure. Outside the judicial proceedings, the justices must avoid conversations with the participants to the proceedings about the case concerned, except in cases where the justices summon the participants to the proceedings to the court and question them in the course of the preparation of the case for the judicial hearing. When considering cases, the justices must not submit to any influence from state authorities or governance institutions, officials, political parties or political organisations, the mass media, the public or its groups, or individual citizens.

37. The justices must thoroughly examine a case under consideration, avoid hastiness and superficiality, and must not procrastinate in preparing and considering the case. The justices pay a lot of attention to the manner of conducting proceedings and the proper use of the language, and they are precise and punctual. During the sittings of the Court, the justices are official, correct, patient, and courteous.

38. The justices have no right to publicly express their opinion concerning the substance of an issue that is under consideration or is accepted for consideration at the Constitutional Court.

39. The justices may not disclose any confidential information received in the course of the preparation and consideration of cases and must preserve the secrecy of the deliberation room.

40. The justices may not accept any presents or any other signs of favour or receive any other services where such presents, signs of favour, or services are offered, or could be treated to have been offered, in order to influence the course of a case under consideration or a case accepted for consideration, or in order to influence the decision of a case.

41. Where they believe that there are circumstances specified in the first paragraph of Article 48 of the Law on the Constitutional Court or any other circumstances that may raise reasonable doubts as to their impartiality, the justices must state this in writing and request the Constitutional Court to decide the question of their disqualification from the proceedings.

42. The justices may not hold any other elective or appointive office, may not work in any business, commercial, or other private establishments or enterprises, with the exception of educational or creative work. Any administrative duties at educational, scientific, or creative establishments are incompatible with the office of a justice of the Constitutional Court. In addition, the justices may not receive any remuneration other than the remuneration established for them and the payment for educational or creative activities. The justices may not act as counsel for the defence or as representatives of any other enterprises, establishments, organisations, or persons.

43. The justices may not participate in the activities of political parties or political organisations, or in any other political activity. The justices may not publicly express their political convictions or engage in political agitation.

44. The justices show solidarity in defending their colleague against unreasonable criticism.

 

CHAPTER IV

THE APPARATUS OF THE CONSTITUTIONAL COURT

 

45. The Constitutional Court has an apparatus, which 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.

46. The structure and the Regulations of the Apparatus of the Constitutional Court are approved by the Constitutional Court.

47. The following structure of the Apparatus of the Constitutional Court is established:

47.1. the Chancellor;

47.2. advisers to the President and other state servants directly subordinate to the President or the Chancellor;

47.3. assistants to the justices;

47.4. the Division of Legal Research;

47.5. the Division of Administration and Protocol;

47.6. the Division of Information and Technologies;

47.7. the Division of Finances and Strategic Planning;

47.8. and the Division of Logistics.

48. The tasks, functions, and the organisation of the activity of the Apparatus of the Court and its structural divisions are established in the Regulations of the Apparatus of the Constitutional Court.

 

CHAPTER V

INTERNATIONAL RELATIONS

 

49. The Constitutional Court is a full member of the World Conference on Constitutional Justice and the Conference of European Constitutional Courts and performs the obligations arising from these memberships.

50. The Constitutional Court maintains professional relations with the constitutional courts of other states, other supreme judicial institutions, as well as with international courts and respective international organisations.

For this purpose, the Constitutional Court organises conferences, seminars, and other professional events and invites judges and employees from the constitutional review institutions of other states to share their work experience.

The Constitutional Court, together with other supreme judicial institutions, international courts, or respective international organisations, may participate in international projects related to its activity.

51. The main principles and directions for maintaining international relations are established by the President of the Constitutional Court. The issues related to commissioning the justices, state servants, and employees of the Constitutional Court to travel abroad on official assignments are decided by the President of the Constitutional Court.

52. The Chancellor of the Constitutional Court organises the development of international relations and acts as the Secretary General (the highest-standing state servant of the Apparatus of the Constitutional Court who is responsible for the development of international relations).

CHAPTER VI

APPLICATIONS TO THE CONSTITUTIONAL COURT AND THEIR PRELIMINARY INVESTIGATION

 

SECTION I

GENERAL PROVISIONS

 

53. Applications to the Constitutional Court comprise petitions and inquiries.

54. The following may be filed with the Constitutional Court:

54.1. petitions requesting an investigation into the compliance of laws amending the Constitution, or the compliance of constitutional laws, with the Constitution;

54.2. petitions requesting an investigation into the compliance of laws with the Constitution or constitutional laws;

54.3. petitions requesting an investigation into the compliance of the Statute of the Seimas with the Constitution or constitutional laws;

54.4. petitions requesting an investigation into the compliance of the substatutory legal acts adopted by the Seimas with the Constitution, constitutional laws, laws, or the Statute of the Seimas;

54.5. petitions requesting an investigation into the compliance of the acts of the President of the Republic with the Constitution, constitutional laws, or laws;

54.6. petitions requesting an investigation into the compliance of the acts of the Government with the Constitution, constitutional laws, or laws;

54.7. petitions requesting the interpretation of a ruling, conclusion, or decision of the Constitutional Court.

55. Inquiries are filed with the Constitutional Court when there is a request for a conclusion on:

55.1. whether election laws were violated during the election of the President of the Republic or the election of the members of the Seimas;

55.2. whether the state of health of the President of the Republic allows him to continue to hold office;

55.3. whether international treaties of the Republic of Lithuania are in conflict with the Constitution;

55.4. whether the concrete actions of the members of the Seimas and state officials against whom an impeachment case has been instituted are in conflict with the Constitution.

56. According to the Constitution, upon application by the subjects specified in Article 106 of the Constitution, the Constitutional Court has the powers to and must investigate and adopt decisions on whether a constitutional law or a law is in conflict with the Constitution, as well as on whether a substatutory legal act adopted by the Seimas, or an act of the President of the Republic, or an act of the Government is in conflict with the Constitution, constitutional laws, or laws, irrespective of whether the legal act concerned is (could be) classified top secret or is (could be) given another security classification.

57. When requesting an investigation into whether a constitutional law is in conflict with the Constitution, whether a law is in conflict with the Constitution or constitutional laws, whether the Statute of the Seimas is in conflict with the Constitution or constitutional laws, whether a substatutory legal act adopted by the Seimas is in conflict with the Constitution, constitutional laws, or laws, whether an act of the President of the Republic is in conflict with the Constitution, constitutional laws, or laws, or whether an act of the Government is in conflict with the Constitution, constitutional laws, or laws, the Seimas applies to the Constitutional Court by submitting its resolution. The reasoning on which the request is based is set forth in the resolution of the Seimas (annex thereto) or documents accompanying the resolution of the Seimas.

When requesting the interpretation of a ruling, conclusion, or decision of the Constitutional Court, the Seimas also applies to the Constitutional Court by submitting its resolution. The reasoning on which the request is based may be set forth in the resolution of the Seimas (annex thereto) or documents accompanying the resolution of the Seimas.

58. Under Paragraphs 1, 2, and 3 of Article 106 of the Constitution, 1/5 of all the members of the Seimas may apply to the Constitutional Court. The specified group of “1/5 of all the members of the Seimas” comprises not less than 29 members of the Seimas.

59. A petition of a group of members of the Seimas must be signed by all the members of the Seimas who submit the petition; the names (or first letters of the names) and surnames of the members of the Seimas who submit the petition must be clearly indicated. The list of the members of the Seimas who sign the petition must be legible and neat; it may not contain any unexplained crossings-out or corrections.

60. The Speaker of the Seimas or his Deputy, when approving, by his signature, the signatures of the members of the Seimas, indicates the number of the approved signatures and the date of their approval.

61. When requesting an investigation into whether a constitutional law is in conflict with the Constitution, whether a law is in conflict with the Constitution or constitutional laws, whether the Statute of the Seimas is in conflict with the Constitution or constitutional laws, whether a substatutory legal act adopted by the Seimas is in conflict with the Constitution, constitutional laws, or laws, as well as when requesting the interpretation of a ruling, conclusion, or decision of the Constitutional Court, the Government applies to the Constitutional Court by its resolution. The reasoning on which the request is based is set forth in the resolution of the Government (annex thereto) or documents accompanying the resolution of the Government.

62. When requesting an investigation into the compliance of the acts of the Government with the Constitution, constitutional laws, or laws, as well as when requesting the interpretation of a ruling, conclusion, or decision of the Constitutional Court, the President of the Republic applies to the Constitutional Court by his decree. The reasoning on which the request is based is specified in the decree (annex thereto) or documents accompanying the decree of the President of the Republic.

63. When requesting an investigation into whether a constitutional law is in conflict with the Constitution, whether a law is in conflict with the Constitution or constitutional laws, whether the Statute of the Seimas is in conflict with the Constitution or constitutional laws, whether the substatutory legal acts adopted by the Seimas are in conflict with the Constitution, constitutional laws, or laws, whether the acts of the President of the Republic are in conflict with the Constitution, constitutional laws, or laws, or whether the acts of the Government are in conflict with the Constitution, constitutional laws, or laws, the Supreme Court of Lithuania, the Court of Appeal of Lithuania, regional and local courts, the Supreme Administrative Court of Lithuania, and regional administrative courts apply to the Constitutional Court by submitting their respective rulings.

64. In the case of an inquiry concerning a conclusion on any of the issues specified in Article 73 of the Law on the Constitutional Court, the Seimas applies to the Constitutional Court by submitting its resolution.

A resolution of the Seimas on an inquiry into whether the concrete actions of the members of the Seimas or state officials against whom an impeachment case has been instituted are in conflict with the Constitution is submitted with the attached conclusions of a special commission formed by the Seimas for an investigation into the reasonableness of the charges brought against the said persons, along with the evidence providing the ground for such conclusions, as well as with other material.

65. Concerning the compliance of an international treaty of the Republic of Lithuania with the Constitution, as well as concerning the possible violation of election laws during the election of the members of the Seimas, the President of the Republic applies to the Constitutional Court by submitting an inquiry set forth in a decree of the President of the Republic.

66. Inquiries concerning the possible violation of election laws in a specific electoral constituency in the course of preparing and holding the election of the President of the Republic or the election of the members of the Seimas may be filed with the Constitutional Court not later than within 3 days of the official publication of the final election results in the constituency concerned or the official publication of the decision of the Central Electoral Commission on the availability or filling of a vacant seat of a member of the Seimas.

67. A ruling, conclusion, or decision of the Constitutional Court is interpreted upon the petition of the subjects specified in the first paragraph of Article 60 of the Law on the Constitutional Court, as well as on the initiative of the Constitutional Court itself.

The Constitutional Court does not interpret its rulings, conclusions, or decisions if any other subjects so request.

68. A copy of the whole text of the impugned legal act (part thereof) is attached to a petition requesting an investigation into whether a constitutional law is in conflict with the Constitution, whether a law is in conflict with the Constitution or constitutional laws, whether the Statute of the Seimas is in conflict with the Constitution or constitutional laws, whether a substatutory legal act adopted by the Seimas is in conflict with the Constitution, constitutional laws, or laws, whether an act of the President of the Republic is in conflict with the Constitution, constitutional laws, or laws, or whether an act of the Government is in conflict with the Constitution, constitutional laws, or laws. A copy of the text of the impugned legal act (part thereof) is considered to be the text of the legal act concerned as published in the Register of Legal Acts or another official source. If the impugned legal act is not published in the Register of Legal Acts or another official source, a copy of the official text of the impugned legal act (part thereof) as published in other sources and/or published in other ways is attached to the petition.

A copy of the whole ruling, conclusion, or decision of the Constitutional Court is attached to a petition requesting the interpretation of the particular ruling, conclusion, or decision of the Constitutional Court. Such a copy is considered to be the text of the ruling or the text of the decision on interpreting the ruling of the Constitutional Court as this ruling or decision is published in the Register of Legal Acts or another official source. A copy of the text of a conclusion or another decision of the Constitutional Court is considered to be the text of the respective conclusion or another decision of the Constitutional Court as published on the website of the Constitutional Court.

The following text is considered to be a copy of the whole text of an international treaty referred to in Item 1 of the fourth paragraph of Article 76 of the Law on the Constitutional Court:

1) where an international treaty was ratified and was published in the Register of Legal Acts or another official source – the text of the international treaty as published in the Register of Legal Acts or another official source;

2) where a conclusion on the compliance of an international treaty with the Constitution is requested prior to the ratification of the international treaty at the Seimas – a copy of the international treaty as submitted by the subjects who are specified in the fifth paragraph of Article 106 of the Constitution and are entitled to request a conclusion of the Constitutional Court.

69. In their petitions, petitioners must provide legal reasoning substantiating their doubts concerning the compliance of a constitutional law, a law, the Statute of the Seimas, a substatutory legal act adopted by the Seimas, an act of the President of the Republic, or an act of the Government with the Constitution, concerning the compliance of a law with constitutional laws, concerning the compliance of a substatutory legal act adopted by the Seimas with constitutional laws or laws, or concerning the compliance of an act of the President of the Republic or an act of the Government with constitutional laws or laws.

70. Under the fourth paragraph of Article 69 of the Law on the Constitutional Court, the annulment of an impugned legal act constitutes a ground for adopting a decision on dismissing the instituted legal proceedings.

Where courts, in the course of the consideration of cases, face doubts and address the Constitutional Court as to whether a constitutional law is in compliance with the Constitution, whether a law is in compliance with the Constitution or constitutional laws, whether the Statute of the Seimas is in compliance with the Constitution or constitutional laws, whether a substatutory legal act adopted by the Seimas is in compliance with the Constitution, constitutional laws, or laws, whether an act of the President of the Republic is in compliance with the Constitution, constitutional laws, or laws, or whether an act of the Government is in compliance with the Constitution, constitutional laws, or laws, the Constitutional Court has the duty to consider the petition of an applying court, irrespective of whether the impugned legal act is in force or is annulled.

In cases where applications are filed with the Constitutional Court not by courts, but by other subjects specified in Article 106 of the Constitution, the Constitutional Court, after taking account of the circumstances of the case, has the right to dismiss the instituted legal proceedings.

 

SECTION II

FILING APPLICATIONS IN ELECTRONIC FORM BY ELECTRONIC MEANS OF COMMUNICATION

 

71. Petitions and inquiries, as well as attachments thereto, may be filed with the Constitutional Court in electronic form by electronic means of communication.

In cases where a petition or an inquiry and attachments thereto are filed in electronic form by electronic means of communication, the head of a state institution that has the right to apply to the Constitutional Court signs the petition or inquiry by a secure electronic signature. A petition filed in electronic form by electronic means of communication by a group of members of the Seimas is approved by the Speaker of the Seimas or a Deputy Speaker of the Seimas by a secure electronic signature. Petitions filed in electronic form by electronic means of communication by the Supreme Court of Lithuania, the Court of Appeal of Lithuania, regional and local courts, the Supreme Administrative Court of Lithuania, and regional administrative courts are approved by a secure electronic signature of the judge (or the Chairperson of the panel) who passed the ruling on applying to the Constitutional Court.

72. Petitions and inquiries, as well as attachments thereto, are filed with the Constitutional Court in electronic form by electronic means of communication to the e-mail address lrkt@lrkt.lt. After verifying that a received application is signed by a secure electronic signature, a responsible state servant or employee of the Constitutional Court registers the application in the Registration Book, where petitions requesting an investigation into the compliance of legal acts with the Constitution or laws, as well as inquiries, are registered.

73. Petitions and inquiries, including attachments thereto, filed with the Constitutional Court in electronic form by electronic means of communication must meet the same requirements that are established in the Law on the Constitutional Court and these Rules with regard to petitions and inquiries filed in paper form, with the exception of the requirement set in Articles 66, 67, and 76 of the Law on the Constitutional Court to submit 9 copies of a petition or an inquiry and attachments thereto.

 

SECTION III

THE REGISTRATION AND INITIAL REVIEW OF APPLICATIONS

 

74. Applications – petitions and inquiries – filed with the Constitutional Court are registered in the Registration Book, where petitions requesting an investigation into the compliance of legal acts with the Constitution or laws, as well as inquiries, are registered. In this book, the date of the receipt of the said applications, the subjects who are applying, and the content of the petitions (inquiries) are indicated. Later, this information on petitions (inquiries) in the Registration Book is supplemented with an indication of the content and date of the decision adopted at the procedural sitting of the Court or the ordinance of the President of the Constitutional Court, the case number, and the date of the adopted ruling, decision, or conclusion of the Constitutional Court.

75. A petition requesting an investigation into whether a constitutional law, a law, a substatutory legal act adopted by the Seimas, an act of the President of the Republic, or an act of the Government is in conflict with the Constitution, or whether a substatutory legal act adopted by the Seimas, an act of the President of the Republic, or an act of the Government is in conflict with a constitutional law or a law, may be withdrawn before the case is assigned for consideration at a judicial hearing.

76. A petition requesting the interpretation of a ruling, conclusion, or decision of the Constitutional Court may be withdrawn before a judicial hearing is assigned.

77. An inquiry concerning a conclusion of the Constitutional Court may be withdrawn before consideration begins at a hearing of the Constitutional Court.

78. The President of the Constitutional Court issues an ordinance on the consent or refusal to withdraw a petition or an inquiry; the ordinance is sent to the petitioner and is handed to the justices of the Constitutional Court.

 

SECTION IV

THE DISTRIBUTION OF APPLICATIONS AND THEIR PRELIMINARY INVESTIGATION

 

79. The President of the Constitutional Court evenly distributes work to the justices – usually according to the alphabetical order of their surnames. Depending on particular circumstances, a case may be assigned to a justice under a different procedure.

80. The 7-day period, established in the first paragraph of Article 29 of the Law on the Constitutional Court, during which a justice of the Constitutional Court must be commissioned to start a preliminary investigation is counted in working days; this period begins on the day after the day when the Constitutional Court receives the petition or inquiry.

81. When commissioning a justice or several justices to start a preliminary investigation of an application, the President of the Constitutional Court sets a time period of this work, which usually does not exceed 10 working days. Having completed the preliminary investigation, a justice draws up a note.

82. The 3-day period, established in the first paragraph of Article 26 of the Law on the Constitutional Court, during which a preliminary investigation of the material must be carried out and the issue of whether to accept the petition for consideration at the Constitutional Court must be settled at a procedural sitting is counted in calendar days; this period begins on the day after the day when the Constitutional Court receives a decree of the President of the Republic in which a proposition is set forth for an investigation into the compliance of an act of the Government with the Constitution, a constitutional law, or a law, or on the day after the day when the Constitutional Court receives a resolution of the Seimas requesting an investigation into whether a constitutional law, a law, the Statute of the Seimas, a substatutory legal act adopted by the Seimas, an act of the President of the Republic, or an act of the Government is in conflict with the Constitution, or a resolution of the Seimas requesting an investigation into whether a substatutory legal act adopted by the Seimas, an act of the President of the Republic, or an act of the Government is in conflict with constitutional laws or laws.

83. When investigating the material assigned to him, a justice must also find out whether any other petitions requesting an investigation into the constitutionality of other articles (parts thereof) of the same legal act have been received at the Constitutional Court, and whether there are any grounds, established in Article 41 of the Law on the Constitutional Court, for joining the petitions into one case or separating the received petition into individual cases.

 

SECTION V

DECISIONS CONCERNING APPLICATIONS AFTER A PRELIMINARY INVESTIGATION

 

84. Upon carrying out a preliminary investigation and necessary preparatory actions, a justice draws up a note with proposals and, according to Article 25 of the Law on the Constitutional Court, informs the President of the Constitutional Court where he proposes that the petition or inquiry be accepted, or that it be returned to the petitioner on the grounds established in Articles 70 and 81 of the Law on the Constitutional Court.

85. In cases where a justice finds out that there are grounds, established in Articles 69 or 80 of the Law on the Constitutional Court, for refusing to accept a petition or an inquiry for consideration, he indicates this in the note and proposes that a decision to refuse the consideration of the petition or inquiry be adopted at a procedural sitting of the Constitutional Court.

86. In cases where disagreements arise between the justice and the President of the Constitutional Court concerning the issues indicated in Item 84 of these Rules, such issues are referred for consideration and decision at a procedural sitting of the Constitutional Court. The issues indicated in Item 84 of these Rules may also be referred for consideration and decision at a procedural sitting of the Constitutional Court upon the proposal of the President of the Constitutional Court.

87. After carrying out a preliminary investigation, a justice may propose in his note that the Constitutional Court join the petitions into one case or separate the received petition into individual cases where there are grounds established in Article 41 of the Law on the Constitutional Court.

CHAPTER VII

THE INSTITUTION OF A CASE AND ITS PREPARATION FOR A JUDICIAL HEARING

 

SECTION I

THE INSTITUTION OF A CASE AND ITS ASSIGNMENT TO A JUSTICE

 

88. A constitutional justice case is instituted after the President of the Constitutional Court issues a respective ordinance, or the Constitutional Court adopts a decision to accept a petition or an inquiry and to begin the preparation of the case for a hearing of the Constitutional Court.

89. By his ordinance, the President of the Constitutional Court assigns the preparation of a case for a judicial hearing to a justice (justices). As a rule, the preparation of a case is assigned to the justice who has carried out the preliminary investigation of the application.

90. The ordinance of the President of the Constitutional Court by which the preparation of a case for a judicial hearing is assigned to a particular justice is handed to that justice, who signs the ordinance.

 

SECTION II

THE PREPARATION OF A CASE FOR A JUDICIAL HEARING

 

91. When preparing a case for a judicial hearing, a justice takes into consideration the circumstances of the concrete case and carries out the actions provided for in the second paragraph of Article 27 of the Law on the Constitutional Court.

92. When questions are asked of the persons specified in Items 1, 2, 3, and 5 of the second paragraph of Article 27 of the Law on the Constitutional Court, minutes may be drawn up. The minutes are drawn up by the court reporter or an assistant to the justice. The minutes are signed by the justice and the person who has drawn up the minutes, as well as by other persons who were present at the questioning.

93. Upon the proposal of the justice preparing a case or the President of the Constitutional Court, the time period established for the consideration of cases in the second paragraph of Article 29 of the Law on the Constitutional Court is extended by the Constitutional Court by adopting a decision at a procedural sitting of the Court. The Constitutional Court may not extend the term established in the second paragraph of Article 29 of the Law on the Constitutional Court where it considers a case concerning the constitutionality of a law or another legal act regulating the taking of land for public needs in the course of the implementation of projects of special importance to the state.

 

SECTION III

THE JOINING AND SEPARATION OF CASES

 

94. Before the beginning of judicial consideration, upon the proposal of the justice preparing the case (cases) or the President of the Constitutional Court, the Constitutional Court may join two or more petitions into one case by adopting a reasoned decision.

95. Upon the proposal of the justice preparing the case (cases) or the President of the Constitutional Court, the Court may, by adopting a reasoned decision, separate certain petitions into an individual case (cases) or join them to another case.

96. The issues concerning joining petitions into one case or separating them are decided at a procedural sitting of the Constitutional Court.

 

SECTION IV

THE ORDER OF CONSIDERATION OF CASES

 

97. Cases are normally considered in the order determined according to the time of the receipt of petitions or inquiries at the Constitutional Court. Where necessary, taking account of the nature and other circumstances of the case, the Constitutional Court may decide to bring forward or postpone the time of the consideration of the case.

98. Where several petitions or inquiries are joined into one case, such a case is considered according to the order of the case that is the first among the joined ones.

99. The time of consideration is brought forward in the event of cases instituted subsequent to petitions filed by the Seimas or the President of the Republic for an investigation into the compliance of a lower-ranking legal act with the Constitution or with other higher-ranking legal acts.

100. Cases instituted subsequent to inquiries filed by the Seimas or the President of the Republic are considered under urgency procedure.

Cases instituted subsequent to inquiries concerning the possible violation of election laws in a specific electoral constituency in the course of preparing and holding the election of the President of the Republic or the election of the members of the Seimas are considered within the 120-hour time period established in the third paragraph of Article 77 of the Law on the Constitutional Court. This time period starts at the beginning of the following hour after the inquiry is submitted and registered at the Constitutional Court according to the established procedure.

101. Cases concerning the constitutionality of a law or another legal act regulating the taking of land for public needs in the course of the implementation of projects of special importance to the state are considered within 4 months of the receipt of the petition at the Constitutional Court.

102. As a rule, the interpretation of the rulings, conclusions, or decisions of the Constitutional Court requested by the petitioners is brought forward to an earlier date.

103. The Constitutional Court may normally bring forward the consideration of cases falling under the following categories:

103.1. cases concerning the constitutionality of laws amending the Constitution;

103.2. cases joining a large number of petitions requesting an investigation into the compliance of lower-ranking legal acts with the Constitution or with other higher-ranking legal acts;

103.3. cases concerning the constitutionality of election laws;

103.4. cases concerning the compliance of legal acts of limited validity and limited application with the Constitution or with other higher-ranking legal acts; other cases whose consideration in the order determined according to the time of the receipt of the application at the Constitutional Court would become an objective in itself.

 

SECTION V

THE ASSIGNMENT OF A CASE FOR CONSIDERATION AT A JUDICIAL HEARING

 

104. The issue concerning the assignment of a case for consideration at a judicial hearing is decided at a procedural sitting of the Court after the justice who has been preparing the case makes a report about the readiness of the case for consideration at a judicial hearing.

105. A case may be assigned for consideration at a judicial hearing not earlier than 7 days after the date of adopting the decision at the procedural sitting.

 

CHAPTER VIII

THE CONSIDERATION OF CASES AT JUDICIAL HEARINGS

 

SECTION I

THE ANNOUNCEMENT ABOUT A JUDICIAL HEARING

 

106. A judicial hearing of the Constitutional Court is held at the time established in a decision of the Constitutional Court.

107. The information concerning a judicial hearing of the Constitutional Court is announced on the premises of the Constitutional Court, as well as on the website of the Constitutional Court, and is sent to the mass media. The press release states the subject addressing the Constitutional Court in the given case, briefly outlines the content of the petition or inquiry, and specifies the parties to the case or their representatives.

108. The parties to the case are informed about the time and place of the hearing of the Constitutional Court by means of notices, and the representatives of the parties to the case are informed by means of summonses, not later than 7 days before the beginning of the hearing. The summonses and notices indicate that the failure of the parties to the case or their representatives to appear at the hearing of the Court does not preclude the Court from considering the case, passing a ruling or conclusion, or adopting other decisions.

109. Witnesses, experts, and interpreters are summoned to hearings by means of summonses. The summonses state the consequences of the failure to appear at the hearing.

110. Specialists or officials are requested to attend a hearing of the Court by means of invitations.

111. Summonses, notices, and invitations are delivered by courier or post. The time when the addressee is served with a summons is indicated both in the delivered summons and in the part of the summons to be returned to the Court, which is signed to confirm the delivery of the summons.

112. Summonses, notices, and invitations are signed by the President of the Constitutional Court.

113. The form of summonses, notices, and invitations is approved by the Constitutional Court at an organisational sitting.

 

SECTION II

THE PROCEDURE OF JUDICIAL HEARINGS

 

114. Judicial hearings of the Constitutional Court are held at its permanent seat. In the courtroom, there must be the coat of arms of the State of the Republic of Lithuania, the flag of the State, and a special edition of the Constitution of the Republic of Lithuania.

115. During judicial hearings, the justices wear gowns with the insignia of a justice of the Constitutional Court; the description of the gown and insignia is approved by the Constitutional Court.

116. In the courtroom, the Chairperson of a judicial hearing sits in the middle of the justices; the justices, as a rule, sit in the alphabetical order of their surnames.

117. A judicial hearing is chaired by the President of the Constitutional Court; in his absence, a hearing is chaired by the justice who is temporarily acting for the President of the Constitutional Court; if the justice temporarily acting for the President of the Constitutional Court is also absent, a judicial hearing is chaired by another justice who is selected by the Constitutional Court and is not the justice-rapporteur. Where the President of the Constitutional Court or the justice who is temporarily acting for the President of the Constitutional Court is, at the same time, the justice-rapporteur, a judicial hearing is chaired by another justice selected by the Constitutional Court. When chairing a judicial hearing, the Chairperson of the hearing has the powers established in the Law on the Constitutional Court.

118. Where a justice of the Constitutional Court, due to important reasons, is not able to participate at a judicial hearing, he must immediately notify the Chairperson of the judicial hearing.

119. Questions arising concerning the procedural course of a hearing are decided by the Constitutional Court on the spot or in the deliberation room.

120. The oral consideration of a case is recorded by making an audio recording of the hearing of the Constitutional Court. The audio recording of a hearing of the Constitutional Court is regarded as equivalent to the minutes of a hearing of the Constitutional Court. The procedure for making and retaining audio recordings of the hearings of the Constitutional Court is established in the Description of the Procedure for Making and Retaining Audio Recordings of the Hearings of the Constitutional Court, which is approved by the order of the President of the Constitutional Court.

The minutes of a hearing may be taken upon a decision of the Constitutional Court. The minutes are taken by the court reporter or, upon assignment by the Chancellor of the Constitutional Court, by another state servant or employee of the Apparatus of the Court according to the requirements established in Article 52 of the Law on the Constitutional Court. The minutes of a judicial hearing must be completed within 2 working days after the hearing or its postponement. A printed version of the minutes is signed by the Chairperson of the hearing and the court reporter.

121. The court reporter may be replaced at any stage of a judicial hearing.

 

SECTION III

THE CONSIDERATION OF CASES UNDER WRITTEN PROCEDURE

 

122. According to Item 6 of the second paragraph of Article 27 of the Law on the Constitutional Court, where a justice of the Constitutional Court preparing a case considers that the case has been sufficiently prepared for a judicial hearing and that there is a sufficient ground for considering the case under written procedure, he sends the material of the case to the parties to the case and indicates that, under the second paragraph of Article 531 of the Law on the Constitutional Court, they have the right to request the consideration of the case under oral procedure, as well as that, if such a request is not received within 7 calendar days, he will propose that the Constitutional Court consider the case under written procedure.

123. Where the parties to the case do not submit, within the specified time period, a written request to consider the case under oral procedure, the Constitutional Court, upon the proposal of the justice preparing the case for a judicial consideration, may adopt a reasoned decision to assign the case for consideration under written procedure.

124. The Constitutional Court notifies the parties to the case of the decision to consider the case under written procedure by sending a copy of the decision within the time period specified in the third paragraph of Article 531 of the Law on the Constitutional Court. Upon the decision to consider a case under written procedure, the parties to the case must be informed in writing about their rights and duties and the procedure for implementing them.

125. After a case is assigned for consideration under written procedure and before a judicial hearing begins, in accordance with the second paragraph of Article 31 of the Law on the Constitutional Court, the parties to the case have the right, in writing, to submit motions for disqualifications on the grounds provided for in the first paragraph of Article 48 of the Law on the Constitutional Court, to request that the material of the case be supplemented with the documents available to them, as well as to provide explanations and their opinions concerning the material of the case. Upon the receipt of a motion for the disqualification of a justice (justices) or a request to supplement the material of the case with new documents, the Constitutional Court adopts a decision at its procedural sitting and immediately, in writing, informs the parties to the case about the adopted decision. The additionally received material of the case is sent to the parties of the case who do not have this material. No motions and requests are accepted after the beginning of the judicial hearing; where received, they are returned to the party to the case who has submitted them.

126. Where a case is considered under written procedure, a free-form sitting is held without the participation of the participants to the proceedings. During the consideration of a case under written procedure, having assessed the material of the case, the Constitutional Court may adopt the decision to assign the case for consideration under oral procedure. The parties to the case and their representatives are notified of such a decision and are summoned to a judicial hearing under general procedure.

 

CHAPTER IX

THE PREPARATION OF THE ACTS OF THE CONSTITUTIONAL COURT

 

127. The Constitutional Court retires to the deliberation room to adopt its rulings, conclusions, decisions on accepting a petition or an inquiry for consideration, decisions on refusing to consider a petition or an inquiry, decisions on returning a petition or an inquiry, decisions on dismissing a constitutional justice case, decisions on dismissing the proceedings of a case, and decisions on the interpretation or review of its ruling, conclusion, or decision.

128. If the Constitutional Court does not decide otherwise, the drafts of these acts of the Constitutional Court are prepared by the justice-rapporteur.

129. The rulings of the Constitutional Court are drawn up in compliance with the requirements established for the contents of a ruling in Article 56 of the Law on the Constitutional Court. The acts of the Constitutional Court are documented according to the requirements established under the Procedure for Documenting the Rulings, Conclusions, and Decisions of the Constitutional Court of the Republic of Lithuania, approved by the order of the President of the Constitutional Court.

 

CHAPTER X

THE PUBLICATION OF THE ACTS OF THE CONSTITUTIONAL COURT

 

SECTION I

THE PUBLIC PRONOUNCEMENT OF THE ACTS OF THE CONSTITUTIONAL COURT AT THE COURT

 

130. The rulings and conclusions of the Constitutional Court, as well as its decisions on dismissing a constitutional justice case (after considering a case at a hearing of the Court) and decisions on the interpretation or review of a ruling, conclusion, or decision of the Constitutional Court, are always publicly pronounced in the courtroom of the Constitutional Court.

131. The time of pronouncing an act of the Constitutional Court is announced on the premises and on the website of the Constitutional Court and is communicated to the mass media. The press release states the subject addressing the Constitutional Court in the given case, briefly outlines the content of the petition or inquiry, and specifies the parties to the case or their representatives.

132. The court reporter informs the parties to the case and their representatives about the time of pronouncing the act of the Constitutional Court.

133. In the courtroom, an act of the Constitutional Court is read by the Chairperson of the hearing or, upon his assignment, by one of the justices.

134. The Constitutional Court may decide that only the operative part of the act, or only the operative part and part of the reasoning part of the act, will be read. The Chairperson of a hearing may decide that the arguments of the reasoning part of the act are pronounced in free form.

135. The pronouncement of the acts of the Constitutional Court is governed by the rules of the procedure applicable to a judicial hearing under Articles 18, 46, and 57 of the Law on the Constitutional Court.

136. After an act of the Constitutional Court is publicly pronounced in the courtroom, a press release, which briefly outlines the content of the pronounced act, is sent to the mass media. The press release about the pronounced act is also published on the website of the Constitutional Court.

SECTION II

THE PUBLICATION OF THE ACTS OF THE CONSTITUTIONAL COURT AND THE ANNOUNCEMENTS OF THE PRESIDENT OF THE CONSTITUTIONAL COURT IN THE REGISTER OF LEGAL ACTS AND ON THE WEBSITE OF THE CONSTITUTIONAL COURT

 

137. The rulings of the Constitutional Court, its decisions on the interpretation of its rulings, and the announcements of the President of the Constitutional Court regarding the suspension of the validity of an impugned act, as well as regarding the restoration of the validity of a suspended legal act, are officially published in the Register of Legal Acts under the procedure laid down by the Law on the Fundamentals of Lawmaking. These acts of the Constitutional Court and announcements of the President of the Constitutional Court are also published on the website of the Constitutional Court.

138. The rulings of the Constitutional Court, its decisions on the interpretation of its rulings, and the announcements of the President of the Constitutional Court regarding the suspension of the validity of an impugned act, as well as regarding the restoration of the validity of a suspended legal act, come into force on the day of their official publication in the Register of Legal Acts.

139. The conclusions of the Constitutional Court, its decisions on accepting a petition or an inquiry for consideration, decisions on refusing to consider a petition or an inquiry, decisions on returning a petition or an inquiry, decisions on dismissing a case or proceedings, decisions on the interpretation or review of a conclusion or decision of the Constitutional Court, as well as the ordinances of the President of the Constitutional Court, are published on the website of the Constitutional Court and come into force on the day of their publication.

140. Taking account of the circumstances of a particular case, the Constitutional Court may set a later date for the official publication of its ruling where this is necessary in order to give the law-making subject concerned the time to remove those legal gaps in regulation that would emerge if the respective ruling of the Constitutional Court were officially published immediately after its public pronouncement at the hearing of the Constitutional Court and that would create preconditions for denying certain values defended and protected under the Constitution.

 

SECTION III

THE SENDING OF THE ACTS OF THE CONSTITUTIONAL COURT TO THE AUTHORISED SUBJECTS

 

141. After the acts of the Constitutional Court specified in Item 130 of these Rules are pronounced at a public hearing of the Constitutional Court, the copies of these acts, not later than within 2 days of the date of the adoption of these acts, are sent to the justices of the Constitutional Court, the parties to the case and their representatives, the Seimas, the President of the Republic, the Government, the President of the Supreme Court of Lithuania, the Prosecutor General, and the Minister of Justice.

According to the second paragraph of Article 60 of the Law on the Constitutional Court, the President of the Constitutional Court may, by his order, instruct that an act of the Constitutional Court be sent to other institutions, officials, or citizens.

142. After considering a case subsequent to the petition of a particular court, the Constitutional Court returns the case sent to the Constitutional Court by that court.

143. The cases considered by the Constitutional Court (original versions of material) are retained at the Constitutional Court.

 

SECTION IV

SEPARATE OPINIONS OF THE JUSTICES OF THE CONSTITUTIONAL COURT

 

144. Under the fourth paragraph of Article 55 of the Law on the Constitutional Court, a justice of the Constitutional Court who has a different opinion regarding an act adopted by the Constitutional Court has the right to set forth his reasoned separate opinion in writing within 5 working days of the pronouncement of the act in the courtroom. Separate opinions may be submitted only by the justices who were present during the consideration of the constitutional justice case concerned. Two or more of the justices of the Constitutional Court may submit a joint separate opinion.

145. Separate opinions may be submitted regarding the following acts of the Constitutional Court: rulings, conclusions, decisions on dismissing a constitutional justice case (after a case has been considered at a hearing of the Constitutional Court), and decisions on the interpretation or review of a ruling, conclusion, or decision of the Constitutional Court. Separate opinions may set forth objections and arguments only regarding the act adopted in the particular case and may include information only directly related to the adopted act and the considered case.

146. A separate opinion is drawn up as an individual document. It must contain the name and surname of the justice, the date of submitting and the place of drawing up the separate opinion, the title of the act of the Constitutional Court with regard to which the separate opinion is submitted and the date of the adoption of this act, as well as the position of the justice submitting the separate opinion and the arguments substantiating his position. A separate opinion is signed by the justice submitting the opinion.

147. A separate opinion must clearly indicate those parts or provisions of the act of the Constitutional Court where the justice disagrees with the position adopted by the majority of the justices.

148. A justice may submit a concurring opinion regarding the reasoning of an act of the Constitutional Court and/or a dissenting opinion concerning the operative part of this act.

A justice may submit a concurring opinion with regard to the whole body or separate parts of the reasoning of an act of the Constitutional Court, or a dissenting opinion with regard to the whole decision consolidated in the operative part (all provisions of the operative part) or a separate part of the decision consolidated in the operative part (individual provisions of the operative part) of an act of the Constitutional Court.

149. Separate opinions are drawn up in conformity with the rules of the common Lithuanian language. Separate opinions are documented according to the requirements established under the Procedure for Documenting the Rulings, Conclusions, and Decisions of the Constitutional Court of the Republic of Lithuania, approved by the order of the President of the Constitutional Court.

150. When drawing up a separate opinion, a justice may not violate the requirements governing the secrecy of the deliberation room of the Constitutional Court under Article 53 of the Law on the Constitutional Court. A separate opinion may not make publicly known the positions voiced by other justices in the deliberation room, or disclose in which way other justices voted, what the distribution of votes was when the act was adopted by the Constitutional Court, or discuss in any other way the course of the adoption of the act by the Constitutional Court in the deliberation room.

In his separate opinion, a justice may not disclose any publicly undisclosable information received during the preparation and consideration of the case.

151. A justice submits a separate opinion, drawn up within the established time limits and procedure, to the President of the Constitutional Court, and its copies – to the justices. Where a separate opinion is received before the pronouncement of the act of the Constitutional Court in the courtroom, the Chairperson of the hearing makes the fact about the existing separate opinion known after the act adopted by the Constitutional Court is pronounced.

152. A separate opinion of a justice is published on the website of the Constitutional Court and is attached to the considered case; the parties to the case and the mass media are informed about the separate opinion.

 

CHAPTER XI

FINAL PROVISIONS

 

153. The Constitutional Court compiles and publishes the collections of its rulings, conclusions, and decisions. The Constitutional Court also publishes the bulletin “Constitutional Jurisprudence”. Where necessary, the Constitutional Court publishes the collections of the papers delivered at the conferences organised by the Constitutional Court, as well as other publications.

154. Each year, the President of the Constitutional Court presents the annual report on the activity of the Constitutional Court. The annual report includes the review of the considered cases, the practice regarding the admissibility of the received applications, the issues concerning the implementation of the acts of the Court, as well as the relevant issues related to the international cooperation and other activity of the Court.

155. Upon the expiry of their term of office, the justices of the Constitutional Court receive a certificate of the established form and have the right to visit the Constitutional Court without restrictions on working days.

156. The justices of the Constitutional Court whose term of office has expired are provided with the premises for work in order they could familiarise themselves with the cases decided by the Constitutional Court, as well as with other documents of the Constitutional Court.

157. After the expiry of their term of office, the justices also have the right to use the services of the library of the Constitutional Court and to receive the publications of the Constitutional Court at the seat of the Constitutional Court.

158. By the decision of the Constitutional Court, the justices of the Constitutional Court whose term of office has expired may also be granted other rights determining the relations of these justices with the Constitutional Court.