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On restoration of the validity of a legal act

 

PRESIDENT OF THE CONSTITUTIONAL COURT 
OF THE REPUBLIC OF LITHUANIA

ANNOUNCEMENT

ON RESTORING THE VALIDITY OF THE PROVISIONS OF PARAGRAPH 1 (WORDING OF 1 FEBRUARY 2008) OF ARTICLE 10 AND ITEM 1 OF PARAGRAPH 1 OF ARTICLE 11 (WORDING OF 1 FEBRUARY 2008) OF THE REPUBLIC OF LITHUANIA’S LAW ON THE NUCLEAR POWER PLANT

2 March 2009
Vilnius

 

On 11 October 2008, the official gazette “Valstybės žinios” (No. 117-4457) officially published the announcement of the President of the Constitutional Court of the Republic of Lithuania that until the publication of a ruling of the Constitutional Court subsequent to the petition set forth in the petition set forth in the Resolution of the Seimas of the Republic of Lithuania (No. X-1729) “On Applying to the Constitutional Court of the Republic of Lithuania with the Petition Requesting an Investigation into Whether the Republic of Lithuania’s Law on Amending and Supplementing Articles 8, 10, 11, and 20 of the Law on the Nuclear Power Plant Is Not in Conflict with the Constitution of the Republic of Lithuania” of 22 September 2008 requesting an investigation into:

whether Paragraph 1 (wording of 1 February 2008) of Article 10 of the Republic of Lithuania’s Law on the Nuclear Power Plant, which provides for only one aim of the activity of the national investor—“the national investor shall be an independent private legal subject registered in the Republic of Lithuania, established for an indefinite period of time and operating under the laws of the Republic of Lithuania, the aim of whose activity shall be gaining benefits for itself and all its shareholders in a socially responsible manner”—and which does not entrench the protection of the rights of consumers, is not in conflict with Paragraph 5 of Article 46 of the Constitution of the Republic of Lithuania;

whether the provision “the national investor shall be the national power company managing through its subsidiaries the main part of the Lithuanian power system—the electricity transmission and distribution networks. Seeking to attain the goal of its activity, the national investor shall participate, on the basis of private initiative, in implementing in Lithuania the project of construction of a new nuclear power plant, as well as constructing, according to the procedure established by the Law on Electricity and other legal acts, the interconnections of the power system of the Republic of Lithuania with the power systems of the Republic of Poland and the Kingdom of Sweden” of Paragraph 1 (wording of 1 February 2008) of Article 10 of the Republic of Lithuania’s Law on the Nuclear Power Plant, according to which it is provided to create the national investor which, as an owner, will concentrate in its hands the main portion of production of electricity, its transmission, distribution, export and import, is not in conflict with Paragraphs 3 and 4 of Article 46 of the Constitution of the Republic of Lithuania;

whether Item 1 of Paragraph 1 of Article 11 (wording of 1 February 2008) of the Republic of Lithuania’s Law on the Nuclear Power Plant which provides that “the Government of the Republic of Lithuania implementing the provisions of Article 10 of this Law shall have the right to negotiate with the shareholder of the controlling stake in the public limited liability company VST on the establishment of the national investor and on the investment of all the shares owned by that shareholder in the public limited liability company VST, or part thereof amounting to more than 2/3 of the shares of the public limited liability company VST carrying more than 2/3 of votes at the general shareholders’ meeting, as well as on the acquisition of newly issued shares of the national investor”, is not in conflict with Paragraph 1 of Article 29 and Paragraph 4 of Article 46 of the Constitution of the Republic of Lithuania,

the validity (to the corresponding extent) of Paragraph 1 (wording of 1 February 2008; Official Gazette Valstybės žinios, 2008, No. 19-674) of Article 10 and Item 1 of Paragraph 1 of Article 11 (wording of 1 February 2008; Official Gazette Valstybės žinios, 2008, No. 19-674) of the Republic of Lithuania’s Law on the Nuclear Power Plant shall be suspended.

On 2 March 2009, the Constitutional Court adopted the Ruling “On the Compliance of the Provisions of Paragraph 1 (wording of 1 February 2008) of Article 10 and Item 1 of Article 11 (wording of 1 February 2008) the Republic of Lithuania’s Law on the Nuclear Power Plant with the Constitution of the Republic of Lithuania” wherein it ruled:

1. To recognise that Paragraph 1 of Article 8 (wording of 28 June 2007; Official Gazette Valstybės žinios, 2007, No. 76-3004) of the Republic of Lithuania’s Law on the Nuclear Power Plant to the extent that it did not establish any legal regulation securing the implementation of the goal of the law, which is creation of preconditions for construction of the new nuclear power plant, is in conflict with Paragraph 3 of Article 46 of the Constitution of the Republic of Lithuania.

2. To recognise that the provision “The national investor shall be an independent private legal subject registered in the Republic of Lithuania, established for an indefinite period of time and operating under the laws of the Republic of Lithuania, the aim of whose activity shall be gaining benefits for itself and all its shareholders in a socially responsible manner” of Paragraph 1 (wording of 1 February 2008; Official Gazette Valstybės žinios, 2008, No. 19-674) of Article 10 of the Republic of Lithuania’s Law on the Nuclear Power Plant in the aspect that the aim of the national investor is gaining benefits for itself and all its shareholders in a socially responsible manner and that protection of consumer rights are not legislatively established therein is not in conflict with the Constitution of the Republic of Lithuania.

3. To recognise that the provision “The national investor shall be the national power company managing through its subsidiaries the main part of the Lithuanian power system—the electricity transmission and distribution networks. Seeking to attain the goal of its activity, the national investor shall participate, on the basis of private initiative, in implementing in Lithuania the project of construction of a new nuclear power plant, as well as constructing, according to the procedure established by the Law on Electricity and other legal acts, the interconnections of the power system of the Republic of Lithuania with the power systems of the Republic of Poland and the Kingdom of Sweden” of Paragraph 1 (wording of 1 February 2008; Official Gazette Valstybės žinios, 2008, No. 19-674) of Article 10 of the Law on the Nuclear Power Plant is not in conflict with the Constitution of the Republic of Lithuania.

4. To recognise that the provision “the Government of the Republic of Lithuania implementing the provisions of Article 10 of this Law shall have the right to: (1) negotiate with the shareholder of the controlling block of shares in the joint-stock company ‘VST’ on the establishment of the national investor and on the investment of all the shares owned by that shareholder in the joint-stock company ‘VST’, or part thereof amounting to more than 2/3 of the shares of the joint-stock company ‘VST’ carrying more than 2/3 of votes at the general shareholders’ meeting, as well as on the acquisition of newly issued shares of the national investor <…>” of Paragraph 1 of Article 11 (wording of 1 February 2008; Official Gazette Valstybės žinios, 2008, No. 19-674) of the Republic of Lithuania’s Law on the Nuclear Power Plant is not in conflict with the Constitution of the Republic of Lithuania.

5. To recognise that Article 19 (Official Gazette Valstybės žinios, 2003, No. 57-2534; 2006, No. 87-3397; 2008, No. 19-673) of the Republic of Lithuania’s Law on the Possession, Use and Disposal of State and Municipal Property to the extent that it does not establish any criteria of investment of state property, which would allow, inter alia, differentiating the investment of state property by taking account of the specific character and significance of the invested property for the general welfare of the Nation, as well as by taking account of other important circumstances, is in conflict with Paragraph 2 of Article 128 of the Constitution of the Republic of Lithuania.

6. To recognise that the provision “Decisions regarding the investment of state and municipal property shall be adopted by following the criteria and procedure established by the Government” of Paragraph 2 (wording of 18 July 2006; Official Gazette Valstybės žinios, 2006, No. 87-3397) of Article 19 of the Republic of Lithuania’s Law on the Possession, Use and Disposal of State and Municipal Property to the extent that the Government is commissioned to establish the criteria for investment of state and municipal property is in conflict with Paragraph 2 of Article 5 of the Constitution of the Republic of Lithuania and the constitutional principle of a state under the rule of law.

Conforming to Paragraph 3 of Article 26 of the Law on the Constitutional Court of the Republic of Lithuania,

I hereby announce that as from the day of the official publication of the Constitutional Court’s Ruling “On the Compliance of the Provisions of Paragraph 1 (wording of 1 February 2008) of Article 10 and Item 1 of Article 11 (wording of 1 February 2008) the Republic of Lithuania’s Law on the Nuclear Power Plant with the Constitution of the Republic of Lithuania” of 2 March 2009, the validity (to the corresponding extent) of Paragraph 1 (wording of 1 February 2008; Official Gazette Valstybės žinios, 2008, No. 19-674) of Article 10 and Item 1 of Paragraph 1 of Article 11 (wording of 1 February 2008; Official Gazette Valstybės žinios, 2008, No. 19-674) of the Republic of Lithuania’s Law on the Nuclear Power Plant shall be restored.

 

President Kęstutis Lapinskas