Lt

The Rules on the Provision of Information about the Activity of the Constitutional Court

APPROVED BY

Order No. 4B-36 of the President

of the Constitutional Court of the

Republic of Lithuania of 5 October 2015

 

THE RULES ON THE PROVISION OF INFORMATION ABOUT THE ACTIVITY OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA AND ABOUT THE CASES CONSIDERED BY THE CONSTITUTIONAL COURT TO THE PRODUCERS AND/OR DISSEMINATORS OF PUBLIC INFORMATION

 

I. GENERAL PROVISIONS

 

1. The Rules on the Provision of Information about the Activity of the Constitutional Court of the Republic of Lithuania (hereinafter referred to as the Constitutional Court) and about the Cases Considered by the Constitutional Court to the Producers and/or Disseminators of Public Information establish the procedure for providing information about the activity of the Constitutional Court and the cases considered by the Constitutional Court to the producers and/or disseminators of public information (hereinafter referred to as the producers and/or disseminators of information) to ensure the publicity and transparency of the activity of the Constitutional Court and the openness of the institution to the public and to facilitate access to complete and correct information for the producers and/or disseminators of public information.

2. Information about the activity of the Constitutional Court is provided to the producers and/or disseminators of information in accordance with the provisions of the Law on the Constitutional Court of the Republic of Lithuania, the Republic of Lithuania’s Law on the Provision of Information to the Public, the Republic of Lithuania’s Law on the Legal Protection of Personal Data, the Republic of Lithuania’s Law on the Right to Obtain Information from State and Municipal Institutions and Agencies, the Description of the General Requirements for the Websites of State and Municipal Institutions and Agencies, as approved by Resolution No. 480 of the Government of the Republic of Lithuania of 18 April 2003, the Rules of the Constitutional Court of the Republic of Lithuania, and other legal acts.

3. For the purposes of these Rules, the following definitions apply:

3.1. “Information about the activity of the Constitutional Court” means information about events, occasions, visits, and meetings, also general information about scheduled hearings of the Constitutional Court and other activities of the Court, except for information about the cases considered by the Constitutional Court;

3.2. “Information about the cases considered by the Constitutional Court” means information about the cases considered by the Constitutional Court, the rulings, conclusions, decisions, and other acts adopted by the Constitutional Court and the President of the Constitutional Court.

4. For the purposes of these Rules, the terms “provider of public information” and “disseminator of public information” are understood in accordance with the definitions contained in the Republic of Lithuania’s Law on the Provision of Information to the Public.

 

II. PERSONS AUTHORISED TO PROVIDE INFORMATION

 

5. Information about the activity of the Constitutional Court is provided to the producers and/or disseminators of information by the President of the Constitutional Court, the Chancellor of the Constitutional Court, as well as, with the approval of the President of the Constitutional Court, by the Public Relations Adviser to the President or another person authorised by the President of the Constitutional Court.

6. Information about the cases considered by the Constitutional Court is provided to the producers and/or disseminators of information by the President of the Constitutional Court, as well as, with the approval of the President of the Constitutional Court or the justice-rapporteur, by the Public Relations Adviser to the President or another person authorised by the President of the Constitutional Court. Information about a particular case may also be provided to the producers and/or disseminators of information by the justice-rapporteur.

7. Other persons may not provide information about the activity of the Constitutional Court or information about the cases considered by the Constitutional Court (hereinafter referred to as information) to the producers and/or disseminators of information. Upon receipt of a request for information, they propose that the producers and/or disseminators of information should contact the Public Relations Adviser to the President of the Constitutional Court or, in his/her absence, the Chancellor of the Constitutional Court or another person authorised by the President of the Constitutional Court.

 

III. GENERAL REQUIREMENTS FOR THE PROVISION OF INFORMATION

 

8. The primary purpose of the provision of information is to serve the legitimate public interest to be informed.

9. The Constitutional Court provides information in accordance with the principles of the publicity and transparency of its activity, justice, clarity, expedition, the equal provision of services, regularity, and impartiality. The ways in which information is provided must comply with the requirements set out in the legal acts in force, they may not discriminate against individual producers and/or disseminators of information, and they must be acceptable both to the Constitutional Court and to the providers and/or disseminators of information.

10. Information may be provided on the initiative of the Constitutional Court (press releases, comments and interviews in the media, press conferences and other events, announcement of information on the website, publications, etc.) or at the request of the producers and/or disseminators of information.

11. When providing information, a balance between the right of the person to the inviolability of his/her private life and the public interest must be ensured. Personal data contained in a case may not be disclosed. Other information is provided according to the Republic of Lithuania’s Law on the Legal Protection of Personal Data.

12. Information that does not require collecting additional data is provided to the producers and/or disseminators of information within one working day at the latest, and information that requires collecting additional data is provided no later than within one week following the date of receipt of the request for information submitted by the producers and/or disseminators of information.

13. Where the information requested by the producers and/or disseminators of information may not be provided, a written notification stating the reasons for refusing to provide information is given to the producers and/or disseminators of information no later than the next working day following the date of receipt of the request for information.

14. The producers and/or disseminators of information who wish to conduct an interview or to obtain a comment agree in advance with the Public Relations Adviser to the President on the time and subject matter of the meeting.

15. Where the Public Relations Adviser to the President observes that the information published in the media is incorrect or misleading, he/she immediately informs the President of the Constitutional Court and the Chancellor of the Constitutional Court and, where appropriate, must, in accordance with the procedure established in legal acts, specify or refute the information via the media that have published the information and/or prepare and disseminate a press release.

 

IV. INFORMATION NOT TO BE PROVIDED

 

16. The producers and/or disseminators of information may not be provided with the following information:

16.1. the publication and disclosure of which would violate the right of persons to the inviolability of their private life or would violate or restrict other human rights or freedoms;

16.2. which constitutes a state, service, professional, commercial, or bank secret as specified by the laws of the Republic of Lithuania;

16.3. which may degrade the honour or dignity of a person;

16.4. the publication and disclosure of which would obstruct the consideration of a case by the Constitutional Court;

16.5. which discloses pre-trial investigation data, except for data on the actions carried out by the Constitutional Court (for example, data on the time of a hearing of the Constitutional Court), if their disclosure does not impede the investigation;

16.6. which is the material of cases that have not yet been considered;

16.7. which covers other information the disclosure of which is prohibited by laws or other legal acts.

17. Information may be withheld from the media that have been assigned by the Commission of Ethics of Lithuanian Journalists and Publishers to the category of the producers of public information that fail to observe professional ethics.

 

V. PROVISION OF INFORMATION IN PRESS RELEASES

 

18. Press releases are prepared and disseminated by the Public Relations Adviser to the President.

19. Press releases are disseminated to the media by e-mail on the basis of a list compiled by the Public Relations Adviser to the President and comprising all the media that have expressed their wish to receive them. Press releases are published on the website and are sent to subscribers.

20. Information about the cases considered by the Constitutional Court is presented in a press release in a clear and comprehensible manner.

21. Information about the cases considered by the Constitutional Court, as presented in a press release, includes the following data:

21.1. which case is under consideration;

21.2. a brief outline of the merits of the case;

21.3. what final act has been adopted by the Constitutional Court;

21.4. a brief outline of the reasoning of the final act;

21.5 other relevant information related to the case.

 

VI. PROVISION OF INFORMATION IN PRESS CONFERENCES

 

22. Press conferences are organised on the initiative of the President of the Constitutional Court, and invitations to press conferences are sent to the producers and/or disseminators of information at least one working day before the conference.

23. An invitation to a press conference states the theme of the event, participants, time, venue, and other relevant data.

24. Press conferences are generally moderated by the Public Relations Adviser to the President, who prepares, where possible, handouts for media representatives.

25. During press conferences, questions from media representatives may be answered by the President of the Constitutional Court, justices, or, upon the assignment by the President, the Public Relations Adviser to the President or another person authorised by the President of the Constitutional Court.

 

VII. USE OF TECHNICAL EQUIPMENT AT THE HEARINGS OF THE CONSTITUTIONAL COURT

 

26. The hearings of the Constitutional Court are open, and may be attended by persons who have reached the age of majority, as well as by representatives of the press and other public mass media. Persons who are in the courtroom may make audio recordings, short-hand records, or records of the hearing from their seats.

27. Taking photographs, filming, and making video recordings or television or radio broadcasts of the hearings are permitted only upon the consent of the Constitutional Court, i.e. with the consent of the majority of the justices present at the hearing.

 

VIII. FINAL PROVISIONS

 

28. Control over the implementation of the Rules is vested with the President of the Constitutional Court and, within his/her competence, the Chancellor of the Constitutional Court.

___________________