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On dismissing part of a case

Case No. 23/2014

 THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

 DECISION

ON THE DISMISSAL OF THE PART OF THE CASE SUBSEQUENT TO THE PETITION OF THE VILNIUS REGIONAL ADMINISTRATIVE COURT, THE PETITIONER, REQUESTING AN INVESTIGATION INTO WHETHER ARTICLE 301 (WORDING OF 26 JUNE 2012) OF THE LABOUR CODE OF THE REPUBLIC OF LITHUANIA IS NOT IN CONFLICT WITH THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA

 9 June 2014, No. KT30-S21/2014
Vilnius

The Constitutional Court of the Republic of Lithuania, composed of the Justices of the Constitutional Court: Elvyra Baltutytė, Vytautas Greičius, Pranas Kuconis, Gediminas Mesonis, Vytas Milius, Egidijus Šileikis, Algirdas Taminskas, and Dainius Žalimas

The court reporter—Daiva Pitrėnaitė

The Constitutional Court of the Republic of Lithuania, in its procedural sitting, considered the petition (No. 1B-22/2014) of the Vilnius Regional Administrative Court, the petitioner, requesting an investigation into whether:

– Section III of the Appendix (wording of 17 July 2009) of the Republic of Lithuania’s Law on the Work Pay of State Politicians and State Officials, insofar as, according to the petitioner, from 1 August 2009 until 1 May 2012, the size of the coefficient of the positional salary of prosecutors of the local prosecutor’s offices of the cities of Vilnius, Kaunas, and Klaipėda was reduced from 8.3 down to 8.01, is not in conflict with Paragraph 1 of Article 29 and the provision “[e]ach human being <…> shall have the right <…> to receive fair pay for work” of Paragraph 1 of Article 48 of the Constitution of the Republic of Lithuania and with the constitutional principle of a state under the rule of law;

– Article 2 (wordings of 17 July 2009, 2 July 2010, 22 November 2011, and 21 December 2011) of the Republic of Lithuania’s Law Amending the Appendix to the Law on the Work Pay of State Politicians and State Officials, adopted on 17 July 2009, is not in conflict with Paragraph 1 of Article 29 and the provision “[e]ach human being <…> shall have the right <…> to receive fair pay for work” of Paragraph 1 of Article 48 of the Constitution of the Republic of Lithuania and with the constitutional principle of a state under the rule of law;

– Article 301 (wording of 26 June 2012) of the Labour Code of the Republic of Lithuania is not in conflict with Paragraphs 1 and 2 of Article 23 and the provision “[e]ach human being <…> shall have the right <…> to receive fair pay for work” of Paragraph 1 of Article 48 of the Constitution of the Republic of Lithuania.

The Constitutional Court

has established:

  1. The Vilnius Regional Administrative Court, the petitioner, has applied to the Constitutional Court with a petition requesting an investigation into whether:

– Section III of the Appendix (wording of 17 July 2009) of the Law on the Work Pay of State Politicians and State Officials, insofar as, according to the petitioner, from 1 August 2009 until 1 May 2012, the size of the coefficient of the positional salary of prosecutors of the local prosecutor’s offices of the cities of Vilnius, Kaunas, and Klaipėda was reduced from 8.3 down to 8.01, is not in conflict with Paragraph 1 of Article 29 and the provision “[e]ach human being <…> shall have the right <…> to receive fair pay for work” of Paragraph 1 of Article 48 of the Constitution and with the constitutional principle of a state under the rule of law;

– Article 2 (wordings of 17 July 2009, 2 July 2010, 22 November 2011, and 21 December 2011) of the Law Amending the Appendix to the Law on the Work Pay of State Politicians and State Officials, adopted on 17 July 2009, is not in conflict with Paragraph 1 of Article 29 and the provision “[e]ach human being <…> shall have the right <…> to receive fair pay for work” of Paragraph 1 of Article 48 of the Constitution and with the constitutional principle of a state under the rule of law;

– Article 301 (wording of 26 June 2012) of the Labour Code is not in conflict with Paragraphs 1 and 2 of Article 23 and the provision “[e]ach human being <…> shall have the right <…> to receive fair pay for work” of Paragraph 1 of Article 48 of the Constitution.

This petition of the petitioner was received at the Constitutional Court on 11 April 2014.

  1. On the grounds of the 29 April 2014 Ordinance (No. 2B-97) of the President of the Constitutional Court, subsequent to the petition of the Vilnius Regional Administrative Court, the preparation of case No. 23/2014 for a hearing at the Constitutional Court began.

The Constitutional Court

holds that:

  1. The Vilnius Regional Administrative Court, the petitioner, requests that the Constitutional Court investigate the compliance of, inter alia, Article 301 (wording of 26 June 2012) of the Labour Code with Paragraphs 1 and 2 of Article 23 and the provision “[e]ach human being <…> shall have the right <…> to receive fair pay for work” of Paragraph 1 of Article 48 of the Constitution.
  2. It should be noted that, on 8 May 2014, the Constitutional Court adopted the Ruling (No. KT17-N6/2014) “On the Compliance of the Appendix (Wording of 6 November 2008) to the Republic of Lithuania’s Law on the Remuneration of Judges and Article 298 (Wording of 4 June 2002) and Article 301 (Wording of 26 June 2012) of the Labour Code of the Republic of Lithuania with the Constitution of the Republic of Lithuania” (hereinafter referred to as the Constitutional Court’s ruling of 8 May 2014), in which it, inter alia, assessed the compliance of the legal regulation consolidated in Article 301 (wording of 26 June 2012) of the Labour Code, according to which the employee shall receive the judicial award of the amounts of work remuneration and other amounts connected with employment relations due to them for not longer than a 3-year period, with the Constitution. In the same ruling, the Constitutional Court, inter alia, recognised that Article 301 (wording of 26 June 2012; Official Gazette Valstybės žinios, 2012, No. 80-4138) of the Labour Code was in conflict with Article 23, the provision “[e]ach human being <…> shall have the right <…> to receive fair pay for work” of Paragraph 1 of Article 48, and Paragraph 1 of Article 109 of the Constitution.

The Constitutional Court’s ruling of 8 May 2014 came into force on the same day upon its publication in the Register of Legal Acts (Register of Legal Acts, 08-05-2014, No. 5188) and is still in force.

  1. Under Item 3 of Paragraph 1 of Article 69 of the Law on the Constitutional Court, by means of its decision, the Constitutional Court refuses to consider petitions requesting an investigation into the compliance of a legal act with the Constitution if the compliance of the legal act with the Constitution specified in the petition has already been investigated by the Constitutional Court and the ruling on this issue given by the Constitutional Court is still in force, and, under Paragraph 3 of Article 69 of the same law, if the grounds for the refusal to consider a petition have been established after the commencement of the consideration of the case, a decision to dismiss the case shall be adopted.

It should be held that, in the constitutional justice case at issue, the matter of the compliance of Article 301 (wording of 26 June 2012) of the Labour Code with the Constitution was decided in the Constitutional Court’s ruling of 8 May 2014 that is still in force.

  1. In the light of the foregoing arguments, the conclusion should be drawn that, on the grounds of Item 3 of Paragraph 1 and Paragraph 3 of Article 69 of the Law on the Constitutional Court, the part of the constitutional justice case on the compliance of Article 301 (wording of 26 June 2012) of the Labour Code with Paragraphs 1 and 2 of Article 23 and the provision “[e]ach human being <…> shall have the right <…> to receive fair pay for work” of Paragraph 1 of Article 48 of the Constitution should be dismissed.
  2. The Vilnius Regional Administrative Court, the petitioner, also requests an investigation into the compliance of the provisions of the Law on the Work Pay of State Politicians and State Officials with the Constitution. The preparation of the part of the constitutional justice case subsequent to the petition of the petitioner requesting an investigation into whether the specified (by the petitioner) provisions of the Law on the Work Pay of State Politicians and State Officials are not in conflict with the Constitution for a hearing at the Constitutional Court must be continued.

Conforming to Paragraph 3 of Article 22, Article 28, Item 3 of Paragraph 1 and Paragraph 3 of Article 69 of the Law on the Constitutional Court of the Republic of Lithuania, the Constitutional Court of the Republic of Lithuania adopts the following

decision:

  1. To dismiss the part of the case subsequent to the petition (No. 1B-22/2014) of the Vilnius Regional Administrative Court, the petitioner, requesting an investigation into whether Article 301 (wording of 26 June 2012) of the Labour Code of the Republic of Lithuania is not in conflict with Paragraphs 1 and 2 of Article 23 and the provision “[e]ach human being <…> shall have the right <…> to receive fair pay for work” of Paragraph 1 of Article 48 of the Constitution of the Republic of Lithuania.
  2. To continue the preparation of the case for a hearing at the Constitutional Court subsequent to the petition of the Vilnius Regional Administrative Court, the petitioner, requesting an investigation into whether:

– Section III of the Appendix (wording of 17 July 2009) of the Republic of Lithuania’s Law on the Work Pay of State Politicians and State Officials, insofar as, according to the petitioner, from 1 August 2009 until 1 May 2012, the size of the coefficient of the positional salary of prosecutors of the local prosecutor’s offices of the cities of Vilnius, Kaunas, and Klaipėda was reduced from 8.3 down to 8.01, is not in conflict with Paragraph 1 of Article 29 and the provision “[e]ach human being <…> shall have the right <…> to receive fair pay for work” of Paragraph 1 of Article 48 of the Constitution of the Republic of Lithuania and with the constitutional principle of a state under the rule of law;

– Article 2 (wordings of 17 July 2009, 2 July 2010, 22 November 2011, and 21 December 2011) of the Republic of Lithuania’s Law Amending the Appendix to the Law on the Work Pay of State Politicians and State Officials, adopted on 17 July 2009, is not in conflict with Paragraph 1 of Article 29 and the provision “[e]ach human being <…> shall have the right <…> to receive fair pay for work” of Paragraph 1 of Article 48 of the Constitution of the Republic of Lithuania and with the constitutional principle of a state under the rule of law.

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

Justices of the Constitutional Court:                        Elvyra Baltutytė
                                                                                            Vytautas Greičius
                                                                                            Pranas Kuconis
                                                                                            Gediminas Mesonis
                                                                                            Vytas Milius
                                                                                            Egidijus Šileikis
                                                                                            Algirdas Taminskas
                                                                                            Dainius Žalimas