Lt

On refusing to consider a petition

 THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

 DECISION

ON THE PETITION OF A GROUP OF MEMBERS OF THE SEIMAS OF THE REPUBLIC OF LITHUANIA, THE PETITIONER, REQUESTING AN INVESTIGATION INTO THE COMPLIANCE OF PARAGRAPH 1 OF ARTICLE 33 OF THE AGREEMENT BETWEEN THE REPUBLIC OF LITHUANIA AND UKRAINE ON SOCIAL SECURITY WITH THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA

 18 February 2014
Vilnius

The Constitutional Court of the Republic of Lithuania, composed of the Justices of the Constitutional Court: Toma Birmontienė, Pranas Kuconis, Gediminas Mesonis, Vytas Milius, Ramutė Ruškytė, Egidijus Šileikis, Algirdas Taminskas, Romualdas Kęstutis Urbaitis, and Dainius Žalimas

The court reporter—Daiva Pitrėnaitė

The Constitutional Court of the Republic of Lithuania considered, at its procedural sitting, the petition (No. 1B-3/2014) of a group of members of the Seimas of the Republic of Lithuania, the petitioner.

The Constitutional Court

has established:

On 3 February 2014, the Constitutional Court received a petition (No. 1B-3/2014) of a group of members of the Seimas, the petitioner, requesting “an investigation into whether the provision ‘[p]ensions awarded prior to the entry into force of this Agreement shall not be reviewed’ of Paragraph 1 of Article 33 of the Agreement Between the Republic of Lithuania and Ukraine on Social Security is not in conflict with Article 52, Paragraph 1 of Article 29, and Paragraph 1 of Article 32 of the Constitution of the Republic of Lithuania”.

The Constitutional Court

holds that:

  1. The group of members of the Seimas (29 members of the Seimas), the petitioner, requests an investigation into the compliance of Paragraph 1 of Article 33 of the Agreement Between the Republic of Lithuania and Ukraine on Social Security with the Constitution.
  2. It should be noted that this agreement between the Republic of Lithuania and Ukraine was signed on 23 April 2001, was ratified by the Law on the Ratification of the Agreement Between the Republic of Lithuania and Ukraine on Social Security, adopted by the Seimas on 27 September 2001, and came into force on 8 February 2002.

Thus, the group of members of the Seimas applied to the Constitutional Court concerning the compliance of an international treaty of the Republic of Lithuania with the Constitution.

  1. The powers of the Constitutional Court, as well as the subjects who have the right to apply to the Constitutional Court concerning the questions assigned to the competence of the Constitutional Court, are consolidated in the Constitution and the Law on the Constitutional Court.

3.1. Paragraph 1 of Article 102 of the Constitution stipulates that the Constitutional Court decides whether the laws and other acts of the Seimas are not in conflict with the Constitution and whether the acts of the President of the Republic and the Government are not in conflict with the Constitution or laws.

Under Paragraphs 1 and 2 of Article 105, Paragraphs 1, 2, and 3 of Article 106 of the Constitution and Article 65 of the Law on the Constitutional Court, inter alia, a group consisting of not less than 1/5 of all the members of the Seimas (29 members of the Seimas) has the right to apply to the Constitutional Court concerning the compliance of the laws and other acts adopted by the Seimas with the Constitution as well as concerning the compliance of the acts of the President of the Republic and the Government with the Constitution and laws.

3.2. The Constitutional Court also has the powers to give conclusions on the questions falling within its competence under Paragraph 3 of Article 105 of the Constitution and Article 73 of the Law on the Constitutional Court. Item 3 of Paragraph 3 of Article 105 of the Constitution and Item 3 of Article 73 of the Law on the Constitutional Court stipulate that the Constitutional Court gives conclusions on whether the international treaties of the Republic of Lithuania are not in conflict with the Constitution.

Under Paragraph 5 of Article 106 of the Constitution and Article 74 of the Law on the Constitutional Court, the Seimas and the President of the Republic may request the Constitutional Court to give a conclusion on the compliance of the international treaties of the Republic of Lithuania with the Constitution.

It should also be noted that the Law on the Constitutional Court, inter alia, provides that the cause for the preparation of a conclusion of the Constitutional Court is the procedure established by this law and the filing of an inquiry of an established form with the Constitutional Court (Article 75); an inquiry of the Seimas may be set forth in a resolution; in other cases, the Seimas resolution on the approval of the inquiry must be attached (Paragraph 2 of Article 76).

Thus, under the Constitution and the Law on the Constitutional Court, the Constitutional Court gives conclusions on the compliance of the international treaties of the Republic of Lithuania with the Constitution; such conclusions may be requested by the Seimas in corpore, by filing an inquiry set forth in or approved by the Seimas resolution, as well as by the President of the Republic. Consequently, under the Constitution and the Law on the Constitutional Court, a group of members of the Seimas has no right to apply to the Constitutional Court concerning the compliance of an international treaty of the Republic of Lithuania (provision thereof) with the Constitution.

  1. It has been mentioned that a group of members of the Seimas applied to the Constitutional Court concerning the compliance of Paragraph 1 of Article 33 of the Agreement Between the Republic of Lithuania and Ukraine on Social Security with the Constitution.

Since, as mentioned before, the Constitutional Court may be requested to give a conclusion on the compliance of an international treaty of the Republic of Lithuania with the Constitution by, inter alia, the Seimas in corpore, it should be held that, in this case, the petition has been filed with the Constitutional Court by the subject that has no right to apply to the Constitutional Court concerning the question at issue.

  1. Item 1 of Paragraph 1 of Article 80 of the Law on the Constitutional Court provides that the Constitutional Court refuses to examine an inquiry concerning the giving of a conclusion where the inquiry has been filed by an institution or a person that does not have the right to apply to the Constitutional Court.
  2. In the light of the foregoing arguments, the consideration of the petition (No. 1B-3/2014) of the group of members of the Seimas, the petitioner, requesting an investigation into the compliance of Paragraph 1 of Article 33 of the Agreement Between the Republic of Lithuania and Ukraine on Social Security with the Constitution, is to be refused.

Conforming to Paragraphs 3 and 4 of Article 22, Article 28, and Item 1 of Paragraph 1 of Article 80 of the Law on the Constitutional Court of the Republic of Lithuania, the Constitutional Court of the Republic of Lithuania adopts the following

decision:

To refuse to consider the petition (No. 1B-3/2014) of the group of members of the Seimas, the petitioner, requesting “an investigation into whether the provision ‘[p]ensions awarded prior to the entry into force of this Agreement shall not be reviewed’ of Paragraph 1 of Article 33 of the Agreement Between the Republic of Lithuania and Ukraine on Social Security is not in conflict with Article 52, Paragraph 1 of Article 29, and Paragraph 1 of Article 32 of the Constitution of the Republic of Lithuania”.

This decision of the Constitutional Court is final and not subject to appeal.

The decision is pronounced in the name of the Republic of Lithuania.

Justices of the Constitutional Court:                         Toma Birmontienė
                                                                                             Pranas Kuconis
                                                                                             Gediminas Mesonis
                                                                                             Vytas Milius
                                                                                             Ramutė Ruškytė
                                                                                             Egidijus Šileikis
                                                                                             Algirdas Taminskas
                                                                                             Romualdas Kęstutis Urbaitis
                                                                                             Dainius Žalimas