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On suspending the validity of a legal act

 

PRESIDENT OF THE CONSTITUTIONAL COURT 
OF THE REPUBLIC OF LITHUANIA

ANNOUNCEMENT

ON SUSPENDING THE VALIDITY OF THE PROVISIONS OF THE FIFTH, SIXTH AND EIGHTH PARAGRAPHS OF THE RESOLUTION OF THE SEIMAS OF THE REPUBLIC OF LITHUANIA “ON THE PRINCIPLES OF ORGANISATION OF THE LITHUANIAN ARMED FORCES” OF 13 MARCH 2008, THE PROVISIONS OF ITEM 18 OF THE CONCEPTION OF THE REPUBLIC OF LITHUANIA’S LAW ON MILITARY CONSCRIPTION WITH ITS NEW WORDING AS APPROVED BY THE RESOLUTION OF THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA (NO. 620) “ON APPROVING THE CONCEPTION OF THE REPUBLIC OF LITHUANIA’S LAW ON MILITARY CONSCRIPTION WITH ITS NEW WORDING” OF 18 JUNE 2008, ITEM 2 OF PARAGRAPH 2 OF ARTICLE 3 OF THE REPUBLIC OF LITHUANIA’S LAW ON ESTABLISHING THE PRINCIPAL STRUCTURE OF THE ARMED FORCES IN 2008, ESTABLISHING THE PLANNED PRINCIPAL STRUCTURE OF THE ARMED FORCES IN 2013 AND APPROVING THE MARGIN NUMBER OF STATUTORY SERVANTS IN THE CIVIL NATIONAL DEFENCE SERVICE AND ITEM 2 OF PARAGRAPH 2 OF ARTICLE 3 OF THE REPUBLIC OF LITHUANIA’S LAW ON ESTABLISHING THE PRINCIPAL STRUCTURE OF THE ARMED FORCES IN 2009, ESTABLISHING THE PLANNED PRINCIPAL STRUCTURE OF THE ARMED FORCES IN 2014 AND APPROVING THE MARGIN NUMBER OF STATUTORY SERVANTS IN THE CIVIL NATIONAL DEFENCE SERVICE

 

3 April 2009

Vilnius

 

By its Decision “On Accepting the Petition of the Seimas of the Republic of Lithuania, the Petitioner, Set Forth in Its Resolution (No. XI-209) ‘On the Application to the Constitutional Court of the Republic of Lithuania with the Petition Requesting an Investigation into Whether the Provisions of the Fifth, Sixth and Eighth Paragraphs of the Resolution of the Seimas of the Republic of Lithuania ‘On the Principles of Organisation of the Lithuanian Armed Forces’ of 13 March 2008, the Provision of the Second Sentence of Item 18 of the Conception of the Republic of Lithuania’s Law on Military Conscription with Its New Wording as Approved by the Resolution of the Government of the Republic of Lithuania (No. 620) ‘On Approving the Conception of the Republic of Lithuania’s Law on Military Conscription with its New Wording’ of 18 June 2008, Item 2 of Paragraph 2 of Article 3 of the Republic of Lithuania’s Law on Establishing the Principal Structure of the Armed Forces in 2008, Establishing the Planned Principal Structure of the Armed Forces in 2013 and Approving the Margin Number of Statutory Servants in the Civil National Defence Service and Item 2 of Paragraph 2 of Article 3 of the Republic of Lithuania’s Law on Establishing the Principal Structure of the Armed Forces in 2009, Establishing the Planned Principal Structure of the Armed Forces in 2014 and Approving the Margin Number of Statutory Servants in the Civil National Defence Service are not in Conflict with the Second Paragraph of Article 3, the Second Paragraph of Article 5, the First and the Second Paragraphs of Article 139 of the Constitution of the Republic of Lithuania, and with the Constitutional Principle of a State under the Rule of Law’ of 26 March 2009” of 3 April 2009, the Constitutional Court of the Republic of Lithuania accepted for consideration the petition set forth in the 26 March 2009 resolution of the Seimas of the Republic of Lithuania, the petitioner, requesting an investigation into whether the provision “it is expedient to switch to the Lithuanian armed forces organised on the grounds of professional and volunteer military service” of the fifth paragraph of the Seimas of the Republic of Lithuania Resolution “On the Principles of Organisation of the Lithuanian Armed Forces” of 13 March 2008, the provision of the sixth paragraph thereof to the extent that it provides that the obligatory military service should be retained only in case of mobilisation and that the need of the obligatory initial military service should be reconsidered every year by approving the margin numbers of soldiers by a Seimas decision, the provision of the eighth paragraph thereof to the extent that it proposes that the Government present the Seimas the margin numbers of soldiers for approval, established after having taken account of the needs of switching to the armed forces organised on the grounds of professional and volunteer military service, the provision “shall establish the additional new grounds for the postponement of the obligatory initial military service which will provide that the obligatory initial military and alternative service of the national defence may be postponed for all the conscripts if the law which regulates the principal structure of the armed forces of the corresponding year provides that the margin number of soldiers of the obligatory initial military service is 0” of Item 18 of the Conception of the Republic of Lithuania’s Law on Military Conscription with Its New Wording as approved by the Resolution of the Government of the Republic of Lithuania (No. 620) “On Approving the Conception of the Republic of Lithuania’s Law on Military Conscription with Its New Wording” of 18 June 2008, Item 2 of Paragraph 2 of Article 3 of the Republic of Lithuania’s Law on Establishing the Principal Structure of the Armed Forces in 2008, Establishing the Planned Principal Structure of the Armed Forces in 2013 and Approving the Margin Number of Statutory Servants in the Civil National Defence Service, as well as Item 2 of Paragraph 2 of Article 3 of the Republic of Lithuania’s Law on Establishing the Principal Structure of the Armed Forces in 2009, Establishing the Planned Principal Structure of the Armed Forces in 2014 and Approving the Margin Number of Statutory Servants in the Civil National Defence Service are not in conflict with Paragraph 2 of Article 3, Paragraph 2 of Article 5 and Paragraphs 1 and 2 of Article 139 of the Constitution of the Republic of Lithuania and with the constitutional principle of a state under the rule of law.

Under Paragraph 4 of Article 106 of the Constitution of the Republic of Lithuania, the resolution of the Seimas asking for an investigation into the conformity of an act with the Constitution shall suspend the validity of the act. Paragraph 2 of Article 26 of the Republic of Lithuania’s Law on the Constitutional Court provides: “If the Constitutional Court adopts a decision to accept a petition for consideration, the President of the Constitutional Court shall immediately give an official announcement about it in the official gazette “Valstybės žinios” (“The News of the State”) as well as on the Internet website of the Constitutional Court. In this announcement, the President of the Constitutional Court must state the exact title of the disputed act, the date of its adoption, and that, in accordance with Article 106 of the Constitution of the Republic of Lithuania, the validity of the aforementioned act is suspended from the day of this official announcement until a ruling of the Constitution Court concerning this case is published.”

Conforming to Paragraph 4 of Article 106 of the Constitution of the Republic of Lithuania, and Paragraph 2 of Article 26 of the Law on the Constitutional Court of the Republic of Lithuania,

I hereby announce that from the day of the publication of this announcement in the official gazette “Valstybės žinios” until the publication of a ruling of the Constitutional Court regarding this case, the validity of the provision “it is expedient to switch to the Lithuanian armed forces organised on the grounds of professional and volunteer military service” of the fifth paragraph of the Resolution of the Seimas of the Republic of Lithuania “On the Principles of Organisation of the Lithuanian Armed Forces” of 13 March 2008 (Official Gazette Valstybės žinios, 2008, No. 47-1753), the provision of the sixth paragraph thereof to the extent that it provides that the obligatory military service should be retained only in case of mobilisation and that the need of the obligatory initial military service should be reconsidered every year by approving the margin numbers of soldiers by a Seimas decision, the provision of the eighth paragraph thereof to the extent that it proposes that the Government present the Seimas the margin numbers of soldiers for approval, established after having taken account of the needs of switching to the armed forces organised on the grounds of professional and volunteer military service, the provision “shall establish the additional new grounds for the postponement of the obligatory initial military service which will provide that the obligatory initial military and alternative service of the national defence may be postponed for all the conscripts if the law which regulates the principal structure of the armed forces of the corresponding year provides that the margin number of soldiers of the obligatory initial military service is 0” of Item 18 of the Conception of the Republic of Lithuania’s Law on Military Conscription with Its New Wording as approved by the Resolution of the Government of the Republic of Lithuania (No. 620) “On Approving the Conception of the Republic of Lithuania’s Law on Military Conscription with Its New Wording” of 18 June 2008 (Official Gazette Valstybės žinios, 2008, No. 75-2942), Item 2 of Paragraph 2 of Article 3 of the Republic of Lithuania’s Law on Establishing the Principal Structure of the Armed Forces in 2008, Establishing the Planned Principal Structure of the Armed Forces in 2013 and Approving the Margin Number of Statutory Servants in the Civil National Defence Service (Official Gazette Valstybės žinios, 2008, No. 87-3460) adopted by the Seimas of the Republic of Lithuania on 15 July 2008, as well as Item 2 of Paragraph 2 of Article 3 of the Republic of Lithuania’s Law on Establishing the Principal Structure of the Armed Forces in 2009, Establishing the Planned Principal Structure of the Armed Forces in 2014 and Approving the Margin Number of Statutory Servants in the Civil National Defence Service (Official Gazette Valstybės žinios, 2008, No. 87-3461) adopted by the Seimas of the Republic of Lithuania on 15 July 2008 shall be suspended.

 

President Kęstutis Lapinskas