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Court News

The limitation established in the Law on Electricity on extending the time limit of the validity of an authorisation to develop the capacity of electricity generation from renewable energy sources declared unconstitutional

21-12-2018

By its ruling passed today, the Constitutional Court has recognised that the legal regulation laid down in Item 1 of Paragraph 6 of Article 16 of the Law on Electricity (hereinafter referred to as the Law) is in conflict with Paragraph 1 of Article 46 of the Constitution and the constitutional principle of a state under the rule of law, insofar as, under this legal regulation, the time limit of the validity of an authorisation to develop the capacity of electricity generation from renewable energy sources is extended not more than once for a period of 6 months provided that the person applying for the extension of this time limit has submitted the supporting evidence that the work planned to be carried out has been delayed due to the actions of the state or third parties or force majeure, irrespective of the duration of these circumstances.

The provision of the Law on State-Guaranteed Legal Aid limiting access to secondary legal aid in criminal proceedings declared unconstitutional

11-10-2018

By its ruling passed today, the Constitutional Court has recognised that Item 11 of Paragraph 7 of Article 11 of the Law on State-Guaranteed Legal Aid (hereinafter referred to as the Law) is in conflict with Paragraph 1 of Article 30 and Paragraphs 2 and 6 of Article 31 of the Constitution and the constitutional principle of a state under the rule of law, insofar as, under the legal regulation laid down in this item, an applicant is not provided with secondary legal aid if such aid was provided to him/her in other proceedings and he/she failed to pay the established costs of this aid in full or in part until the specified deadline in those cases where access to such aid is extremely difficult due to financial reasons and it is necessary to ensure this legal aid in criminal proceedings in the interests of justice.

The Seimas resolution on the reorganisation of Lithuanian Sports University declared unconstitutional

29-06-2018

By its ruling passed today, the Constitutional Court has recognised that the Seimas resolution of 12 January 2018 on the assent to the reorganisation of Lithuanian Sports University by way of incorporating it into the Lithuanian University of Health Sciences is in conflict with the provisions of the Constitution and those of the Law on Science and Studies.

The provisions of the Law Amending the Law on Science and Studies that are related to the evaluation of study fields and their provisional accreditation declared unconstitutional

19-06-2018

By its ruling passed today, the Constitutional Court has recognised that the provisions “Until 1 March 2018, study fields are evaluated and provisionally accredited in accordance with the requirements and procedure approved by the Minister of Education and Science. The term of a provisional accreditation of study fields is set by the Minister of Education and Science. If an evaluated study field does not comply with the requirements established by the Minister of Education and Science, the higher education school may not admit students to studies in that field,...

The provisions of the Law on State Service and those of the Law on National Conscription that establish preference for applicants who have fulfilled their military obligation to enter state service declared unconstitutional

06-06-2018

By its ruling passed today, the Constitutional Court has declared unconstitutional the provisions of Paragraph 2 of Article 11 and those of Paragraph 2 of Article 13 of the Law on State Service, which stipulate that, in recruitment for state service positions, preference must be given to applicants who have performed continuous compulsory initial military service, or who have completed basic military training, or who have performed alternative national defence service if several candidates who have taken part in a competition for the position of a career state servant or of the head of an establishment in state service receive the same assessment.

The provision of the Law on Fisheries that obliged the Ministry of Agriculture to establish criteria for granting the right to a fishing quota was in conflict with the Constitution

24-05-2018

By its ruling passed today, the Constitutional Court has recognised that Paragraph 4 of Article 142 of the Law on Fisheries, insofar as this paragraph commissioned the Ministry of Agriculture to establish criteria for granting economic operators the right to a fishing quota for commercial fishing in a certain inland water body, was in conflict with the Constitution.

The legal regulation laid down in the Regulations of the Register of Legal Persons, according to which an owner can deregister from his/her premises only the domicile of a legal person in liquidation or in bankruptcy, declared unconstitutional

04-05-2018

By its ruling passed today, the Constitutional Court has recognised that Item 195 (as amended on 9 December 2015 and 11 October 2017) of the Regulations of the Register of Legal Persons (hereinafter referred to as the Regulations), as approved by the government resolution (No 1407) of 12 November 2003, is in conflict with Paragraphs 1 and 2 of Article 23 of the Constitution and the constitutional principle of a state under the rule of law, insofar as the said item provides that the owner of premises on which the domicile of a legal person, the domicile of its branch,...

The possibility, entrenched in the Law on the Government, of appointing an interim director of a theatre or a concert establishment is not in conflict with the Constitution and laws

27-04-2018

By its ruling adopted today, the Constitutional Court has recognised that Item 35 of the Description of the Procedure of Competitions for the Positions of the Heads of National, State, and Municipal Theatres and Concert Establishments (hereinafter referred to as the Description) is not in conflict with the Constitution, Item 7 of Paragraph 2 of Article 3 of the Law on the Fundamentals of Lawmaking, Paragraph 2 of Article 2, Article 3, and Item 2 of Article 22 of the Law on the Government, as well as Paragraph 1 of Article 11 of the Law on Professional Performing Arts.

The government resolution recognising the economic project to be carried out in the cadastral area of Kariotiškės as a project of state importance declared unconstitutional

12-04-2018

By its ruling passed today, the Constitutional Court has recognised that the government resolution (No 865) of 19 July 2000 on the recognition of the economic project of the cadastral area of Kariotiškės in the village of Moluvėnai in the Trakai district as a project of state importance is in conflict with Paragraphs 2 and 3 of Article 5 and Paragraph 2 of Article 7 of the Constitution and with the constitutional principles of a state under the rule of law and responsible governance.

The Law on the Government is not in conflict with the Constitution after the material liability of a minister, whose establishment is mandatory under the Constitution, has been entrenched in another legal act

08-03-2018

By its ruling passed today, the Constitutional Court has recognised that the Law on the Government, insofar as it does not provide for the material liability of a minister for direct material damage inflicted on a state institution or establishment in the course of exercising in an unlawful and faulty manner the powers of the internal administration of the ministry or of establishments under the ministry (among others, when imposing official penalties), is not in conflict with the Constitution.