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On refusing to consider a petition

 

THE CONSTITUTIONAL COURT OF

THE REPUBLIC OF LITHUANIA

 

D e c I s I o n

 

On the petition of the Kaunas City Local Court requesting an investigation into whether the Republic of Lithuania’s Law on the Bases of Assessment of Property and Business is in compliance with Paragraph 3 of Article 16 of the Republic of Lithuania’s Law on the Restoration of the Rights of Ownership of Citizens to the Existing Real Property

 

Vilnius, 22 December 1999

 

The Constitutional Court of the Republic of Lithuania, composed of the Justices of the Constitutional Court: Egidijus Jarašiūnas, Egidijus Kūris, Zigmas Levickis, Augustinas Normantas, Vladas Pavilonis, Jonas Prapiestis, Vytautas Sinkevičius, Stasys Stačiokas, and Teodora Staugaitienė

The court reporter—Daiva Pitrėnaitė

The Constitutional Court of the Republic of Lithuania, in its procedural sitting has discussed a report of Justice Teodora Staugaitienė concerning the preliminary investigation of the petition filed by the Kaunas City Local Court.

The Constitutional Court

has established:

 

1. In its ruling of 14 October 1999, the petitioner—the Kaunas City Local Court—requests an investigation into: (1) whether Paragraph 3 of Article 16 of the Republic of Lithuania’s Law on the Restoration of the Rights of Ownership of Citizens to the Existing Real Property and Paragraph 2 of Article 3 of the Republic of Lithuania’s Law on the Size, Sources, Payment Term and Procedure of Compensations for the Real Property Purchased by the State, and on the Guarantees and Concessions Provided for in the Law on the Restoration of the Rights of Ownership of Citizens to the Existing Real Property are in conformity with Articles 23 and 29 of the Constitution of the Republic of Lithuania; whether (2) Item 4.2 of the Resolution of the Government of the Republic of Lithuania (No. 205) “On the Procedure of the Assessment of Land” of 24 February 1999 and the Methods of Establishment of the Value and Equivalence of the Land, Forest and Water Bodies Purchased by the State as approved by the said resolution, as well as whether Item 2.2 of the Resolution of the Government of the Republic of Lithuania (No. 464) “On the Procedure for Listing of Citizens Who Are Compensated in Cash for the Land, Forest and Water Bodies Purchased by the State and That of the Compensation Payment” of 26 April 1999 are in compliance with Paragraph 3 of Article 16 of the Republic of Lithuania’s Law on the Restoration of the Rights of Ownership of Citizens to the Existing Real Property and Paragraph 2 of Article 3 of the Republic of Lithuania’s Law on the Size, Sources, Payment Term and Procedure of Compensations for the Real Property Purchased by the State, and on the Guarantees and Concessions Provided for in the Law on the Restoration of the Rights of Ownership of Citizens to the Existing Real Property.

Conforming to Paragraph 1 of Article 70 of the Law on the Constitutional Court, on the grounds of Ordinance No. 69 of 22 December 1999 issued by the President of the Constitutional Court, the aforesaid petition has been returned back to the petitioner.

2. In its ruling of 14 October 1999, the Kaunas City Local Court also requests an investigation into whether the Republic of Lithuania’s Law on the Bases of Assessment of Property and Business is in compliance with Paragraph 3 of Article 16 of the Republic of Lithuania’s Law on the Restoration of the Rights of Ownership of Citizens to the Existing Real Property.

Under Paragraph 1 of Article 105 of the Constitution and Item 1 of Paragraph 1 of Article 63 of the Law on the Constitutional Court, the Constitutional Court shall consider the conformity of laws of the Republic of Lithuania and legal acts adopted by the Seimas with the Constitution. The Constitutional Court does not consider the compliance of a law with another law. The consideration of the said request of the Kaunas City Local Court is not within the competence of the Constitutional Court.

Conforming to Article 28 and Item 2 of Paragraph 1 of Article 69 of the Law on the Constitutional Court, the Constitutional Court adopts the following

decision:

To refuse to investigate the request of the Kaunas City Local Court formulated in its 14 October 1999 ruling whether the Republic of Lithuania Law on the Bases of Assessment of Property and Business is in compliance with Paragraph 3 of Article 16 of the Republic of Lithuania Law on the Restoration of the Ownership Rights of Citizens to the Existing Real Property.

Justices of the Constitutional Court:

 

Egidijus Jarašiūnas     Egidijus Kūris      Zigmas Levickis

 

Augustinas Normantas     Vladas Pavilonis      Jonas Prapiestis

 

Vytautas Sinkevičius     Stasys Stačiokas     Teodora Staugaitienė