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On dismissing the instituted legal proceedings

Case No. 16/97

 

 

THE CONSTITUTIONAL COURT OF

THE REPUBLIC OF LITHUANIA

 

D E C I S I O N

 

On the petition of a group of Seimas members requesting an investigation into whether the Resolution of the Government of the Republic of Lithuania (No. 841) “On the Returning of Land” of 30 July 1997 is in compliance with the Constitution of the Republic of Lithuania and the laws

 

Vilnius, 25 March 1998

 

The Constitutional Court of the Republic of Lithuania, composed of the justices of the Constitutional Court: Egidijus Jarašiūnas, Kęstutis Lapinskas, Zigmas Levickis, Augustinas Normantas, Vladas Pavilonis, Jonas Prapiestis, Teodora Staugaitienė, and Juozas Žilys

The court reporter—Daiva Pitrėnaitė

The Constitutional Court of the Republic of Lithuania, in its procedural sitting, has discussed the petition of a group of Seimas members, the petitioner, requesting an investigation into whether the Resolution of the Government of the Republic of Lithuania (No. 841) “On the Returning of Land” of 30 July 1997 is in compliance with Item 2 of Article 94 of the Constitution of the Republic of Lithuania, as well as the Republic of Lithuania’s Law on the Restoration of the Rights of Ownership of Citizens to the Existing Real Property, the Republic of Lithuania’s Law on Land Reform, the Republic of Lithuania’s Law on Land, the Republic of Lithuania’s Law on the Leasing of Land, the Republic of Lithuania’s Law on Agricultural Companies, the Republic of Lithuania’s Law on the Governing of the County, and the Republic of Lithuania’s Law on the Government.

The Constitutional Court

has established:

On 30 July 1997, the Government adopted the Resolution (No. 841) “On the Returning of Land” (Official Gazette Valstybės žinios, 1997, No. 73-1871). By Item 1.2 of the said resolution, county chiefs were commissioned to mark out the land in the places where citizens wished to recover it in kind no later than 1 September 1997, as well as to prepare a provisional statement of the marking of the plot, as well as its plan, while by Item 1.4 of the said resolution—to ensure that agricultural companies would not carry out autumn agricultural work on the land plots which citizens wished to recover in kind that autumn without the consent of the latter. The petitioner—a group of Seimas members—applied to the Constitutional Court with a petition requesting an investigation into whether Items 1.2 and 1.4 of the aforesaid government resolution were in compliance with Item 2 of Article 94 of the Constitution, as well as the Law on the Restoration of the Rights of Ownership of Citizens to the Existing Real Property, the Law on Land Reform, the Law on Land, the Law on the Leasing of Land, the Law on Agricultural Companies, the Law on the Governing of the County, and the Law on the Government.

The Constitutional Court

holds that:

On 21 January 1998, the Government adopted the Resolution (No. 80) “On Recognising the Resolution of the Government of the Republic of Lithuania (No. 841) ‘On the Returning of Land’ of 30 July 1997 as Null and Void” (Official Gazette Valstybės žinios, 1998, No. 9-214) by which the Government Resolution (No. 841) “On the Returning of Land” of 30 July 1997 was recognised as null and void.

The fact that the impugned government resolution was recognised as null and void constitutes the grounds to dismiss the initiated legal proceedings.

Conforming to Part 4 of Article 69 and Article 28 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 dismiss the initiated legal proceedings in the case.

Justices of the Constitutional Court:

Egidijus Jarašiūnas     Kęstutis Lapinskas     Zigmas Levickis

 

Augustinas Normantas     Vladas Pavilonis      Jonas Prapiestis

 

Teodora Staugaitienė      Juozas Žilys