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On refusing to consider part of a petition

 

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

DECISION

ON THE PETITION REQUESTING AN INVESTIGATION INTO WHETHER THE REPUBLIC OF LITHUANIA’S LAW “ON THE PROCEDURE OF REORGANISATION AND LIQUIDATION OF ESTABLISHMENTS OF CULTURE” (THE 13 JUNE 1995 WORDING OF LAW NO. I-947) IS IN COMPLIANCE WITH PARAGRAPH 2 OF ARTICLE 120 OF THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA, PARAGRAPH 1 OF ARTICLE 3, PARAGRAPHS 2 AND 5 OF ARTICLE 4, PARAGRAPH 1 OF ARTICLE 6 OF THE EUROPEAN CHARTER OF LOCAL SELF-GOVERNMENT, AND WHETHER ITEM 2.4 OF THE RESOLUTION OF THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA (NO. 1320) “ON THE HOUSE OF THE SIGNATORIES TO THE LITHUANIAN INDEPENDENCE AND THE PALACE OF LITHUANIAN ARTISTS” OF 28 NOVEMBER 1997 IS IN COMPLIANCE WITH PARAGRAPH 2 OF ARTICLE 120 OF THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA, PARAGRAPH 1 OF ARTICLE 3, PARAGRAPHS 2 AND 5 OF ARTICLE 4, PARAGRAPH 1 OF ARTICLE 6 OF THE EUROPEAN CHARTER OF LOCAL SELF-GOVERNMENT AND ITEM 4 OF PARAGRAPH 1 OF ARTICLE 4 AND ITEM 13 OF PARAGRAPH 1 OF ARTICLE 6 OF THE REPUBLIC OF LITHUANIA’S LAW ON LOCAL SELF-GOVERNMENT

 

25 April 2002

Vilnius

 

The Constitutional Court of the Republic of Lithuania, composed of the Justices of the Constitutional Court: Armanas Abramavičius, Egidijus Jarašiūnas, Egidijus Kūris, Kęstutis Lapinskas, Zenonas Namavičius, Augustinas Normantas, Jonas Prapiestis, Vytautas Sinkevičius, and Stasys Stačiokas

The court reporter—Daiva Pitrėnaitė

The Constitutional Court of the Republic of Lithuania, in its procedural sitting, considered the report made by Justice Zenonas Namavičius concerning the petition of the petitioner, the Vilnius Regional Administrative Court, requesting an investigation into whether the Republic of Lithuania’s Law “On the Procedure of Reorganisation and Liquidation of Establishments of Culture” (the 13 June 1995 wording of Law No. I-947) was in compliance with Paragraph 2 of Article 120 of the Constitution of the Republic of Lithuania, Paragraph 1 of Article 3, Paragraphs 2 and 5 of Article 4, Paragraph 1 of Article 6 of the European Charter of Local Self-government, and whether Item 2.4 of the Resolution of the Government of the Republic of Lithuania (No. 1320) “On the House of the Signatories to the Lithuanian Independence and the Palace of Lithuanian Artists” of 28 November 1997 was in compliance with Paragraph 2 of Article 120 of the Constitution of the Republic of Lithuania, Paragraph 1 of Article 3, Paragraphs 2 and 5 of Article 4, Paragraph 1 of Article 6 of the European Charter of Local Self-government and Item 4 of Paragraph 1 of Article 4 and Item 13 of Paragraph 1 of Article 6 of the Republic of Lithuania’s Law on Local Self-Government.

The Constitutional Court

has established:

1. The petitioner, the Vilnius Regional Administrative Court, was considering an administrative case. By means of its ruling of 15 April 2002, the said court suspended the consideration of the case and applied to the Constitutional Court with a petition requesting an investigation into whether the Law “On the Procedure of Reorganisation and Liquidation of Establishments of Culture” (the 13 June 1995 wording of Law No. I-947) was in compliance with Paragraph 2 of Article 120 of the Constitution, Paragraph 1 of Article 3, Paragraphs 2 and 5 of Article 4, Paragraph 1 of Article 6 of the European Charter of Local Self-government, and whether Item 2.4 of the Government Resolution (No. 1320) “On the House of the Signatories to the Lithuanian Independence and the House of Lithuanian Artists” of 28 November 1997 was in compliance with Paragraph 2 of Article 120 of the Constitution, Paragraph 1 of Article 3, Paragraphs 2 and 5 of Article 4, Paragraph 1 of Article 6 of the European Charter of Local Self-government and Item 4 of Paragraph 1 of Article 4 and Item 13 of Paragraph 1 of Article 6 of the Law on Local Self-Government.

The Constitutional Court

holds that:

Paragraph 3 of Article 138 of the Constitution provides:

International agreements which are ratified by the Seimas of the Republic of Lithuania shall be the constituent part of the legal system of the Republic of Lithuania.”

Construing this provision of the Constitution, the Constitutional Court has held that this means that the treaties ratified by the Seimas shall acquire the force of law (the Constitutional Court’s ruling of 17 October 1995).

Under Paragraph 1 of Article 105 of the Constitution, the Constitutional Court shall consider and adopt decisions concerning the conformity of laws of the Republic of Lithuania and legal acts adopted by the Seimas with the Constitution of the Republic of Lithuania. Thus, under the Constitution, the Constitutional Court shall not consider the conformity of a law with a legal act having the force of a law.

Conforming to Article 28 and Item 2 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:

1. To accept the petition of the Vilnius Regional Administrative Court for consideration as to the compliance of the Republic of Lithuania’s Law “On the Procedure of Reorganisation and Liquidation of Establishments of Culture” (the 13 June 1995 wording of Law No. I-947) with Paragraph 2 of Article 120 of the Constitution of the Republic of Lithuania, and the compliance of Item 2.4 of the Resolution of the Government of the Republic of Lithuania (No. 1320) “On the House of the Signatories to the Lithuanian Independence and the Palace of Lithuanian Artists” of 28 November 1997 with Paragraph 2 of Article 120 of the Constitution of the Republic of Lithuania, Paragraph 1 of Article 3, Paragraphs 2 and 5 of Article 4, Paragraph 1 of Article 6 of the European Charter of Local Self-Government and Item 4 of Paragraph 1 of Article 4 and Item 13 of Paragraph 1 of Article 6 of the Republic of Lithuania Law on Local Self-Government.

2. To refuse to consider the petition of the Vilnius Regional Administrative Court requesting an investigation into whether the Republic of Lithuania’s Law “On the Procedure of Reorganisation and Liquidation of Establishments of Culture” (the 13 June 1995 wording of Law No. I-947) is in compliance with Paragraph 1 of Article 3, Paragraphs 2 and 5 of Article 4, Paragraph 1 of Article 6 of the European Charter of Local Self-Government.

Justices of the Constitutional Court:                                                  Armanas Abramavičius

Egidijus Jarašiūnas

Egidijus Kūris

Kęstutis Lapinskas

Zenonas Namavičius

Augustinas Normantas

Jonas Prapiestis

Vytautas Sinkevičius

Stasys Stačiokas