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On dismissing the instituted legal proceedings

Case No. 31/99-7/2000-30/2000-33/2000-38/2000-40/2000-43/2000-44/2000-45/2000-46/2000-47/2000-48/2000-50/2000-1/01-2/01-4/01-5/01-6/01-7/01-9/01-10/01-11/01-12/01-13/01-15/01-16/01-18/01-19/01-21/01-22/01-23/01-24/01-26/01-29/01-30/01-32/01-33/01-36/01-37/01-38/01-41/01-42/01

 

THE CONSTITUTIONAL COURT OF
THE REPUBLIC OF LITHUANIA

D e c I s I o n

On the petitions requesting an investigation into whether Articles 1, 3, 4, Paragraph 3 of Article 10, Articles 11, 13, 14 and 15 of the Republic of Lithuania’s Law on the Restraint of Organised Crime are in compliance with the Constitution of the Republic of Lithuania

Vilnius, 13 July 2001

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, considered an issue of the dismissal of the legal procedure in the case subsequent to the petitions of the Panevėžys Regional Administrative Court, the Pasvalys District Local Court, the Šiauliai City Local Court, the Kaunas City Local Court, the Mažeikiai District Local Court, the Biržai District Local Court and the Šiauliai District Local Court requesting an investigation into the compliance of Articles 1, 3, 4, Paragraph 3 of Article 10, Articles 11, 13, 14 and 15 of the Republic of Lithuania’s Law on the Restraint of Organised Crime with the Constitution of the Republic of Lithuania.

The Constitutional Court

has established:

On 1 July 1997, the Seimas enacted the Republic of Lithuania’s Law on the Restraint of Organised Crime (Official Gazette Valstybės žinios, 1997, No. 69-1731).

The following courts have applied to the Constitutional Court:

The Panevėžys Regional Administrative Court, by means of its ruling of 5 November 1999, requesting an investigation into the compliance of Articles 3 and 4 of the Republic of Lithuania’s Law on the Restraint of Organised Crime with the principle of a state under the rule of law entrenched in the Constitution of the Republic of Lithuania and Paragraph 2 of Article 5 of the Constitution; that of Articles 3, 4, 11 of the said law with Article 18, Paragraph 1 of Article 21, Paragraphs 1 and 4 of Article 22 of the Constitution; that of Article 4 of the said law with Paragraphs 1 and 2 of Article 31, Paragraphs 1 and 2 of Article 109 of the Constitution; that of Paragraph 3 of Article 10 of the said law with Paragraph 5 of Article 31 of the Constitution; that of Paragraph 5 of Article 13 of the said law with Paragraph 5 of Article 25, Paragraphs 1, 2 and 5 of Article 31 of the Constitution; that of Item 3 of Paragraph 1 of Article 11 of the said law with Paragraphs 1 and 3 of Article 22 of the Constitution; that of Items 2 and 3 of Paragraph 1 of Article 11 of the said law with Paragraph 3 of Article 31 of the Constitution;

The Pasvalys District Local Court by means its rulings of 28 February 2000, 11 July 2000 and 20 September 2000, requesting an investigation into the compliance of Articles 1, 4, 13 and 14 of the Republic of Lithuania’s Law on the Restraint of Organised Crime with Articles 18, 22, 24, 31 and 32 of the Constitution of the Republic of Lithuania;

The Šiauliai City Local Court, by means of its rulings of 26 September 2000, 2 November 2000, 14 November 2000, 16 November 2000, 23 November 2000, 30 November 2000, 2 January 2001, 4 January 2001, 8 January 2001, 15 January 2001, 31 January 2001, 9 February 2001, 12 February 2001, 13 February 2001, 15 February 2001, 20 February 2001, 27 February 2001, 12 March 2001, 19 March 2001, 21 March 2001, 10 April 2001, 19 April 2001, 7 June 2001, 26 June 2001, 27 June 2001, 29 June 2001, requesting an investigation into the compliance of Articles 1, 4 and 14 of the Republic of Lithuania’s Law on the Restraint of Organised Crime with Articles 18, 22, 24, 31 and 32 of the Constitution of the Republic of Lithuania;

The Šiauliai City Local Court, by means of its rulings of 8 November 2000, 16 January 2001, 30 March 2001 and 2 April 2001, requesting an investigation into the compliance of Articles 1, 4, 13 and 14 of the Republic of Lithuania’s Law on the Restraint of Organised Crime with Articles 18, 22, 24, 31 and 32 of the Constitution of the Republic of Lithuania;

The Kaunas City Local Court, by means its rulings of 30 November 2000 and 22 May 2001, requesting an investigation into the compliance of Articles 1, 4, 13 and 14 of the Republic of Lithuania’s Law on the Restraint of Organised Crime with Articles 18, Paragraph 1 of Article 20, Paragraph 1 of Article 22, Article 24, Paragraph 5 of Article 25, Paragraphs 1 and 2 of Article 31, Article 32 and Paragraph 1 of Article 48 of the Constitution of the Republic of Lithuania;

The Mažeikiai District Local Court, by means its ruling of 25 January 2001, requesting an investigation into the compliance of Articles 1 and 4 of the Republic of Lithuania’s Law on the Restraint of Organised Crime with Article 18 and Paragraph 1 of Article 31 of the Constitution of the Republic of Lithuania; that of Article 13 of the same law with Paragraph 5 of Article 25 of the Constitution of the Republic of Lithuania; that of Article 14 of the same law with Paragraphs 1, 2, 3 and 4 of Article 22 and Paragraph 1 of Article 32 of the Constitution of the Republic of Lithuania; that of Article 15 of the same law with Paragraphs 1 and 2 of Article 24 of the Constitution of the Republic of Lithuania;

The Biržai District Local Court, by means of its ruling of 16 May 2001, requesting an investigation into the compliance of Articles 1, 4, 13 and 14 of the Republic of Lithuania’s Law on the Restraint of Organised Crime with Articles 18, 22, 24, 31 and 32 of the Constitution of the Republic of Lithuania, by its means of ruling of 19 June 2001, requesting an investigation into the compliance of Articles 1, 4, 13 and 14 of the Republic of Lithuania’s Law on the Restraint of Organised Crime with Articles 18, 22, 24, 31 and 32 of the Constitution of the Republic of Lithuania;

The Šiauliai District Local Court, by means of its ruling of 22 May 2001, requesting an investigation into the compliance of Articles 1, 4, 13 and 14 of the Republic of Lithuania’s Law on the Restraint of Organised Crime with Articles 18, 22, 24, 31 and 32 of the Constitution of the Republic of Lithuania.

The Constitutional Court joined the above-mentioned cases into one case by its decision of 13 June 2001.

The Constitutional Court

holds that:

On 26 June 2001, the Seimas enacted the Republic of Lithuania’s Law Amending the Law on the Restraint of Organised Crime (Official Gazette Valstybės žinios, 2001, No. 60-2138), by which the Law on the Restraint of Organised Crime was amended and set forth in a new wording.

Article 2 of the 26 June 2001 Law Amending the Law on the Restraint of Organised Crime provides that, upon the entry into effect of this law, one must decide once again, within 14 days, on the application of preventive measures to the persons against whom such measures were imposed earlier.

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

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 has 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