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On refusing to consider a petition

 

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

DECISION

ON THE PETITION OF THE PRIME MINISTER OF THE REPUBLIC OF LITHUANIA REQUESTING THE CONSTRUCTION OF WHICH WORDING OF ARTICLE 11 OF THE LAW ON STATE PENSIONS HAS TO BE APPLIED, WHILE GRANTING AND PAYING STATE PENSIONS TO VICTIMS, UPON THE ENTRY INTO FORCE OF THE RULING OF THE CONSTITUTIONAL COURT “ON THE COMPLIANCE OF THE REPUBLIC OF LITHUANIA’S LAW ON THE AMENDMENT AND SUPPLEMENTATION OF ARTICLES 7, 11, 15 OF THE LAW ON STATE PENSIONS, PARAGRAPHS 1 AND 4 OF ARTICLE 7 OF THE REPUBLIC OF LITHUANIA’S LAW ON STATE PENSIONS AND PARAGRAPH 2 OF ARTICLE 20 OF THE LAW ON THE PRESIDENT OF THE REPUBLIC OF LITHUANIA WITH THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA” OF 19 JUNE 2002

23 September 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, conforming to Article 28 of the Law on the Constitutional Court of the Republic of Lithuania, in the procedural sitting of the Constitutional Court considered the report made by Justice Jonas Prapiestis on the petition of the Prime Minister of the Republic of Lithuania requesting the construction of which wording of Article 11 of the Law on State Pensions has to be applied, while granting and paying state pensions to victims, upon the entry into force of the Ruling of the Constitutional Court “On the Compliance of the Republic of Lithuania’s Law on the Amendment and Supplementation of Article 7, 11 and 15 of the Law on State Pensions, Paragraphs 1 and 4 of Article 7 of the Republic of Lithuania’s Law on State Pensions and Paragraph 2 of Article 20 of the Law on the President of the Republic of Lithuania with the Constitution of the Republic of Lithuania” of 19 June 2002.

The Constitutional Court

has established:

1. On 19 June 2002, the Constitutional Court passed the Ruling “On the Compliance of the Republic of Lithuania’s Law on the Amendment and Supplementation of Article 7, 11 and 15 of the Law on State Pensions, Paragraphs 1 and 4 of Article 7 of the Republic of Lithuania’s Law on State Pensions and Paragraph 2 of Article 20 of the Law on the President of the Republic of Lithuania with the Constitution of the Republic of Lithuania” (Official Gazette Valstybės žinios, 2002, No. 62-2515), whereby it recognised that Paragraph 4 of Article 7 of the Republic of Lithuania’s Law on State Pensions (wording of 13 June 2000) conflicted with Paragraph 1 of Article 77 and Article 90 of the Constitution of the Republic of Lithuania, the Republic of Lithuania’s Law on the Amendment and Supplementation of Articles 7, 11, 15 of the Law on State Pensions conflicted with Paragraph 2 of Article 71 of the Constitution of the Republic of Lithuania, Paragraph 1 of Article 7 of the Republic of Lithuania’s Law on State Pensions to the extent that the establishment of the pension of the President of the Republic was linked with the leaving of state service by a former President of the Republic conflicted with Paragraph 1 of Article 77 of the Constitution of Republic of Lithuania, and Paragraph 2 of Article 20 of the Law on the President of the Republic of Lithuania to the extent that the establishment of the pension of the President of the Republic was linked with the leaving of state service by a former President of the Republic conflicted with Paragraph 1 of Article 77 of the Constitution of Republic of Lithuania.

2. Conforming to Article 59 and 61 of the Republic of Lithuania’s Law on the Constitutional Court, on 13 August 2002, the Prime Minister of the Republic of Lithuania applied to the Constitutional Court with the petition requesting the construction of which wording of Article 11 of the Republic of Lithuania’s Law on State Pensions has to be applied, while granting and paying state pensions to victims, upon the entry into force of the Constitutional Court’s ruling of 19 June 2002.

The Constitutional Court

holds that:

1. The Prime Minister of the Republic of Lithuania requests the construction of which wording of Article 11 of the Law on State Pensions has to be applied, while granting and paying state pensions to victims, upon the entry into force of the Ruling of the Constitutional Court “On the Compliance of the Republic of Lithuania’s Law on the Amendment and Supplementation of Article 7, 11 and 15 of the Law on State Pensions, Paragraphs 1 and 4 of Article 7 of the Republic of Lithuania’s Law on State Pensions and Paragraph 2 of Article 20 of the Law on the President of the Republic of Lithuania with the Constitution of the Republic of Lithuania” of 19 June 2002. Thus, the Constitutional Court is requested to decide on the issue of application of legal acts.

2. In its ruling of 19 June 2002, the Constitutional Court did not investigate and decide on the issue of the compliance of provisions of Article 11 of the Law on State Pensions, concerning what persons should or should not be granted state pensions of victims, with the Constitution. Thus, the Constitutional Court also did not consider the provisions of Article 11 of the Law on State Pensions, on the grounds of which state pensions are not awarded to the persons, who, during the period of 1939-1990, served or worked in the penal (extermination), “defenders of the people” detachments or units, the KGB (the former State Security Committee of the USSR) and other structures, which acted against the resistance movement in Lithuania or perpetrated the genocide of the Lithuanian population.

Under Paragraph 3 of Article 61 of the Law on the Constitutional Court, the Constitutional must construe its ruling without changing its content. Therefore, the Constitutional Court may not construe the issues which were not considered during the investigation of a case and which were not decided upon in its ruling.

3. It has been pointed out that the Constitutional Court is requested to decide upon the issue of application of legal acts.

According to the Constitution and the Law on the Constitutional Court, the Constitutional Court is not empowered to decide upon the issue of application of legal acts. Decisions of this nature are decided by the institution which is empowered to apply the legal acts.

If the laws contain obscurities, ambiguities, and gaps, it is the duty of the legislature to eliminate them.

Conforming to Article 102 of the Constitution of the Republic of Lithuania, Articles 1, 28 and 61 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 construe which wording of Article 11 of the Law on State Pensions has to be applied, while granting and paying state pensions to victims, upon the entry into force of the Ruling of the Constitutional Court “On the Compliance of the Republic of Lithuania’s Law on the Amendment and Supplementation of Article 7, 11 and 15 of the Law on State Pensions, Paragraphs 1 and 4 of Article 7 of the Republic of Lithuania’s Law on State Pensions and Paragraph 2 of Article 20 of the Law on the President of the Republic of Lithuania with the Constitution of the Republic of Lithuania” of 19 June 2002.

Justices of the Constitutional Court:                                                  Armanas Abramavičius

Egidijus Jarašiūnas

Egidijus Kūris

Kęstutis Lapinskas

Zenonas Namavičius

Augustinas Normantas

Jonas Prapiestis

Vytautas Sinkevičius

Stasys Stačiokas