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On dismissing the instituted legal proceedings

Case No. 32/98

 

THE CONSTITUTIONAL COURT OF
THE REPUBLIC OF LITHUANIA

D e c I s I o n

On the petition of a group of members of the Seimas of the Republic of Lithuania requesting an investigation into whether the Republic of Lithuania’s Law Amending Article 29 of the Law on the Provision of Information to the Public is in compliance with the Constitution of the Republic of Lithuania

Vilnius, 30 June 2000

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 the question of the dismissal of the legal proceedings in the case subsequent to the petition of a group of members of the Seimas of the Republic of Lithuania requesting an investigation into whether the Republic of Lithuania’s Law Amending Article 29 of the Law on the Provision of Information to the Public of 5 December 1996 is in compliance with the Constitution of the Republic of Lithuania.

The Constitutional Court

has established:

On 2 July 1996, the Seimas passed the Republic of Lithuania’s Law on the Provision of Information to the Public (Official Gazette Valstybės žinios, 1996, No. 71-1706).

On 5 December 1996, the Seimas passed the Republic of Lithuania’s Law Amending Article 29 of the Law on the Provision of Information to the Public ((Official Gazette Valstybės žinios, 1996, No. 121-2848). In this law, Paragraph 3 of the said article was amended and set forth as follows:

3. The Council shall be the highest governing body of the National Radio and Television of Lithuania, established for a period of 3 years and comprised of 15 individuals. The representatives to the Council of the National Radio and Television of Lithuania shall be delegated from the following social and artistic performers organisations: the Lithuanian Architects’ Union, Lithuanian Artists’ Union, Society of the Lithuanian Language, Lithuanian Catholic Academy of Science, Lithuanian Cinematographers’ Union, Lithuanian Composers’ Union, Lithuanian Periodical Press Publishers’ Association, Lithuanian Association of Chamber of Industry, Commerce and Crafts, Lithuanian Writers’ Union, Charter of Citizens of the Republic of Lithuania, Family Centre of Lithuania, Lithuanian Theatre Union, Lithuanian Lawyers’ Society, Lithuanian Journalists’ Society, and Lithuanian Journalists’ Union. The formation of the Council of the National Radio and Television of Lithuania shall be organised by the Seimas Education, Science and Culture Committee.”

On 17 December 1998, a group of Seimas members applied to the Constitutional Court with a petition requesting an investigation into whether the Republic of Lithuania’s Law Amending Article 29 of the Law on the Provision of Information to the Public of 5 December 1996 was in compliance with Article 1, Paragraph 2 of Article 44, Paragraph 4 of Article 48 and Paragraph 2 of Article 50 of the Constitution of the Republic of Lithuania.

The Constitutional Court

holds that:

On 28 March 2000, the Seimas passed the new Republic of Lithuania’s Law Amending Article 29 of the Law on the Provision of Information to the Public ((Official Gazette Valstybės žinios, 2000, No. 30-829). In this law the formation of the Council of the Radio and Television of Lithuania was newly regulated:

5. The highest governing body of the Radio and Television of Lithuania shall be a council representing interests of society. It shall be established for a period of 6 years and comprised of 12 individuals who are public men, scientists and cultural workers. For the first term of office of this council formed under procedure of this law, 4 of the members shall be appointed by the President of the Republic for 6 years; 4 of the members shall be appointed by the Seimas (2 members shall be appointed from the candidates nominated by opposition factions) for 4 years; 4 of the members shall be delegated from these organisations (one member each) for 2 years: the Lithuanian Art Workers Association, Council of Science of Lithuania, Council of Education of Lithuania, and Conference of Bishops of Lithuania. Upon expiration of the term of office of a member of the council, the institution (organisation) which appointed or delegated him shall appoint a new member for a period of 6 years. The composition of the Council of the Radio and Television of Lithuania shall be confirmed by the Seimas.”

Under Paragraph 4 of Article 69 of the Law on the Constitutional Court of the Republic of Lithuania, the annulment of an impugned legal act shall be grounds to adopt a decision to dismiss the initiated legal proceedings.

After the new Law Amending Article 29 of the Law on the Provision of Information to the Public had gone in effect on 13 April 2000, the law impugned by the petitioner became null and void.

Taking account of this, the initiated legal proceedings must be dismissed.

Conforming to Article 28 and Paragraph 4 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 dismiss the initiated legal proceedings in the case.

Justices of the Constitutional Court:

Egidijus Jarašiūnas     Egidijus Kūris      Zigmas Levickis

Augustinas Normantas     Vladas Pavilonis      Jonas Prapiestis

Vytautas Sinkevičius      Stasys Stačiokas      Teodora Staugaitienė