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Court News

One of the actions of Seimas member Mindaugas Bastys specified in the conclusion of the Special Investigation Commission is in conflict with the Constitution

22-12-2017

In its conclusion given today, the Constitutional Court has held that one of the actions of Seimas member Mindaugas Bastys is in conflict with the Constitution insofar as, in providing answers to the Questionnaire for persons who are candidates to obtain authorisation to handle or access classified information, specifically in replying to the question “Do you know (did you know) any persons who are working (worked) in the intelligence or security services or related institutions of other states? If so, provide information in this regard” in Item 55 of this questionnaire, Mindaugas Bastys concealed his relationships with former KGB official Piotr Voyeyko;...

The actions of Seimas member Kęstutis Pūkas specified in the conclusion of the Special Investigation Commission are in conflict with the Constitution

19-12-2017

In its conclusion presented today, the Constitutional Court has held that the actions of Seimas member Kęstutis Pūkas specified in the conclusion of the Special Investigation Commission for Impeachment against Seimas Member Kęstutis Pūkas, which were performed with regard to the persons holding the positions of the secretaries assistants of the same member of the Seimas and the persons applying for these positions, are in conflict with the Constitution. By these actions, Seimas member Kęstutis Pūkas has grossly violated the Constitution and breached the oath.

The provision of the Law on the President according to which the spouse of the President of the Republic has the right to be provided with housing under a loan-for-use agreement declared unconstitutional

15-12-2017

By its ruling passed today, the Constitutional Court has recognised that Paragraph 4 of Article 23 of the Law on the President, which establishes the right of the spouse of the President of the Republic who is in office or upon the expiry of his/her office and where the President of the Republic dies, if he/she so desires, to be provided with housing (residential premises) under a loan-for-use agreement in accordance with the procedure established by the Government, is in conflict with Paragraph 2 of Article 29 and Article 90 of the Constitution, as well as the constitutional principle of a state under the rule of law.

The provisions of the Law on Copyright and Related Rights regarding the right of a court to decide on the amount of royalties to be awarded were not in conflict with the Constitution

01-12-2017

By its ruling passed today, the Constitutional Court has recognised that Paragraph 3 of Article 86 (wording of 12 October 2006) of the Law on Copyright and Related Rights (Autorių teisių ir gretutinių teisių įstatymas (ATGTĮ), hereinafter referred to as ATGTĮ), according to which a court, where it established that works or subject matter of related rights had been used without a licence of a collective administration association, could take a decision to exact from the user twice the amount of the royalties that would have been payable under the granted licence, was not in conflict with Paragraph 1 of Article 29 and Paragraph 1 of Article 109 of the Constitution, as well as the constitutional principles of justice and a state under the rule of law.

The extension of the possibility of holding multiple citizenship is allowed only by amending the Constitution in a referendum

20-10-2017

By its decision adopted today, the Constitutional Court has stated that, according to the Constitution of the Republic of Lithuania, as long as Paragraph 2 of Article 12 of the Constitution of the Republic of Lithuania is not amended by referendum, the Seimas of the Republic of Lithuania may not establish by law that citizens of the Republic of Lithuania who have departed from the Republic of Lithuania after the restoration of the independence of the Republic of Lithuania on 11 March 1990 and who have acquired citizenship of a member state of the European Union and/or the North Atlantic Treaty Organisation may be citizens of the Republic of Lithuania and another state at the same time.

The provision of the Law on National Conscription declared unconstitutional

04-07-2017

By its ruling passed today, the Constitutional Court has recognised that Item 7 of Article 3 of the Law on National Conscription, which provides that priests of the religious communities and associations that are traditional in Lithuania and are recognised by the state are exempted from mandatory military service, is in conflict with Article 29 and Paragraph 2 of Article 139 of the Constitution.

The provision of the Code of Criminal Procedure that does not provide for the possibility for the court of appeal instance to refer a case to the court of first instance for reconsideration declared unconstitutional

26-06-2017

By its ruling passed today, the Constitutional Court has declared that Paragraph 4 of Article 320 of the Code of Criminal Procedure (hereinafter referred to as the CCP), impugned by the Court of Appeal of Lithuania, is in compliance with the Constitution, but has recognised that Item 4 of Paragraph 1 of Article 326 of the CCP is in conflict with Paragraph 1 of Article 109 of the Constitution and the constitutional principles of a state under the rule of law and justice,...

The provision of the Law on Waste Management consolidating one of the grounds for revoking the validity of a licence for organising waste management is not in conflict with Constitution

30-05-2017

By its ruling adopted today, the Constitutional Court has recognised that Item 6 of Paragraph 19 of Article 34(23) of the Law on Waste Management, which consolidates one of the grounds for revoking the validity of a licence for organising waste management, is not in conflict with Constitution.

The provision of the Law on Personal Bankruptcy allowing writing off claims for compensation for damage caused by criminal acts ruled unconstitutional

19-05-2017

By its ruling passed today, the Constitutional Court has recognised that Paragraph 7 of Article 29 of the Law on Personal Bankruptcy (LPB) insofar as, at the end of the personal bankruptcy process, claims for compensation for damage caused by intentional criminal acts are written off, is in conflict with Paragraph 2 of Article 30 of the Constitution and the constitutional principles of justice and a state under the rule of law.

The provision according to which the periods completed under employment contracts after 1 January 1995 are not regarded as periods of service taken into account for the purpose of granting a state pension ruled not in conflict with the Constitution

25-01-2017

By its ruling adopted today, the Constitutional Court has recognised that the impugned provision of the Law on the State Pensions of Officials and Servicemen is not in conflict with the Constitution, insofar as it provides that the periods of employment completed after 1 January 1995 under employment contracts in professional fire protection units are not regarded as periods of service to be taken into account for the purpose of granting a state pension of officials and servicemen.