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On refusing to consider a petition

Case No. 20/98

 

 

THE CONSTITUTIONAL COURT OF

THE REPUBLIC OF LITHUANIA

 

D E C I S I O N

 

On the petition of the College of Civil Cases of the Vilnius Regional Court requesting an investigation into whether Paragraph 3 of Article 476 of the Code of Civil Proceedings of the Republic of Lithuania is in compliance with the Constitution of the Republic of Lithuania

 

Vilnius, 9 October 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, Pranas Vytautas Rasimavičius, Teodora Staugaitienė, and Juozas Žilys

The court reporter—Daiva Pitrėnaitė

In its procedural sitting, the Constitutional Court has discussed the issue of the refusal to examine the petition requesting an investigation into the compliance of a legal act with the Constitution.

The Constitutional Court

has established:

The College of Civil Cases of the Vilnius Regional Court, the petitioner, requests an investigation into whether Paragraph 3 of Article 476 of the Code of Civil Proceedings of the Republic of Lithuania (hereinafter referred to as the CCP) is in compliance with Article 23 of the Constitution of the Republic of Lithuania.

The Constitutional Court

holds that:

On 7 September 1998, the Constitutional Court considered case No. 1/98 subsequent to the petition submitted to the Court by the Alytus District Local Court, the petitioner, requesting an investigation into whether Paragraph 3 of Article 476 of the CCP was in conformity to Article 23 of the Constitution. In its ruling of 24 September 1998, the Constitutional Court recognised that the part of the norm of Paragraph 3 of Article 476 of the CCP, wherein it is established that in the case that one has, under cassation procedure, repealed decisions regarding the exaction of amounts of money pursuant to the requirements arising out of legal employment relations, the reversal of the implementation of the said decisions shall be permitted only in the case that the repealed decision was based on false evidence given by the plaintiff or forged documents presented by the latter, was in compliance with the Constitution.

The fact that the compliance of the legal act indicated in the petition of the College of Civil Cases of the Vilnius Regional Court has already been investigated at the Constitutional Court and the ruling of the Constitutional Court on this issue remains effective, constitutes the grounds for the Constitutional Court to refuse, by its decision, to examine the petition requesting to investigate the compliance of Paragraph 3 of Article 476 of the CCP with the Constitution.

Conforming to Article 28 and Item 3 of Paragraph 1 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:

To refuse to consider the petition requesting an investigation into the compliance of the legal act with the Constitution.

Justices of the Constitutional Court:

 

Egidijus Jarašiūnas      Kęstutis Lapinskas     Zigmas Levickis

 

Augustinas Normantas     Vladas Pavilonis      Jonas Prapiestis

 

Pranas Vytautas Rasimavičius      Teodora Staugaitienė      Juozas Žilys