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On accepting part of a petition and refusing to consider part of the petition

 

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

DECISION

ON THE PETITION (NO. 1B-05) REQUESTING AN INVESTIGATION INTO WHETHER PARAGRAPH 3 OF ARTICLE 57 OF THE REPUBLIC OF LITHUANIA’S LAW ON THE PROCEEDINGS OF ADMINISTRATIVE CASES IS NOT IN CONFLICT WITH ARTICLE 29 OF THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA, WHETHER PARAGRAPH 4 OF ARTICLE 10 OF THE REPUBLIC OF LITHUANIA’S LAW ON STATE SECRETS AND OFFICIAL SECRETS IS NOT IN CONFLICT WITH PARAGRAPH 1 OF ARTICLE 30, PARAGRAPH 1 OF ARTICLE 109 OF THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA, AND WHETHER PARAGRAPHS 1 AND 2 OF ARTICLE 11 OF THE SAME LAW ARE NOT IN CONFLICT WITH ARTICLE 29 OF THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA AND THE PRINCIPLES OF JUSTICE AND A STATE UNDER THE RULE OF LAW ESTABLISHED IN THE PREAMBLE TO THE CONSTITUTION, AS WELL AS WITH PARAGRAPHS 1 AND 2 OF ARTICLE 51 AND PARAGRAPH 1 OF ARTICLE 53 OF THE REPUBLIC OF LITHUANIA’S LAW ON THE PROCEEDINGS OF ADMINISTRATIVE CASES

 

3 February 2004

Vilnius

 

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

The court reporter—Sigutė Brusovienė

The Constitutional Court of the Republic of Lithuania, in its procedural sitting, has considered a report made by the Justice of the Constitutional Court Kęstutis Lapinskas concerning the petition of the Vilnius Regional Administrative Court, the petitioner, (Petition No. 1B-05) requesting an investigation into whether Paragraph 3 of Article 57 of the Republic of Lithuania’s Law on the Proceedings of Administrative Cases is not in conflict with Article 29 of the Constitution of the Republic of Lithuania, whether Paragraph 4 of Article 10 of the Republic of Lithuania’s Law on State Secrets and Official Secrets is not in conflict with Paragraph 1 of Article 30, Paragraph 1 of Article 109 of the Constitution of the Republic of Lithuania, whether Paragraphs 1 and 2 of Article 11 of the same law are not in conflict with Article 29 of the Constitution of the Republic of Lithuania and the principles of justice and a state under the rule of law entrenched in the Preamble to the Constitution, as well as with Paragraphs 1 and 2 of Article 51 and Paragraph 1 of Article 53 of the Republic of Lithuania’s Law on the Proceedings of Administrative Cases.

The Constitutional Court

has established:

The Vilnius Regional Administrative Court, the petitioner, was considering an administrative case. By its ruling of 16 January 2004, the said court suspended the consideration of the case and applied to the Constitutional Court with a petition (Petition No. 1B-05) requesting an investigation into whether Paragraph 3 of Article 57 of the Law on the Proceedings of Administrative Cases is not in conflict with Article 29 of the Constitution, whether Paragraph 4 of Article 10 of the Law on State Secrets and Official Secrets is not in conflict with Paragraph 1 of Article 30, Paragraph 1 of Article 109 of the Constitution, whether Paragraphs 1 and 2 of Article 11 the same law are not in conflict with Article 29 of the Constitution and the principles of justice and a state under the rule of law entrenched in the Preamble to the Constitution, as well as with Paragraphs 1 and 2 of Article 51 and Paragraph 1 of Article 53 of the Law on the Proceedings of Administrative Cases.

The Constitutional Court

holds that:

1. The petition of the petitioner requesting an investigation into whether Paragraph 3 of Article 57 of the Law on the Proceedings of Administrative Cases is not in conflict with Article 29 of the Constitution, and whether Paragraph 4 of Article 10 of the Law on State Secrets and Official Secrets is not in conflict with Paragraph 1 of Article 30, Paragraph 1 of Article 109 of the Constitution, whether Paragraphs 1 and 2 of Article 11 of the same law are not in conflict with Article 29 of the Constitution and the principles of justice and a state under the rule of law entrenched in the Preamble to the Constitution meet the requirements established in the Law on the Constitutional Court of the Republic of Lithuania, thus there are not any grounds provided for in Paragraph 1 of Article 69 of the same law to refuse to accept and consider the petition.

2. The part of the petition of the petitioner requesting an investigation into whether Paragraphs 1 and 2 of Article 11 of the Law on State Secrets and Official Secrets are not in conflict with Paragraphs 1 and 2 of Article 51 and Paragraph 1 of Article 53 of the Law on the Proceedings of Administrative Cases is not within the jurisdiction of the Constitutional Court, since, under the Constitution, the Constitutional Court does not investigate the compliance of a legal act with another legal act of the same legal force. Under Item 2 of Paragraph 1 of Article 69 of the Law on the Constitutional Court, this constitutes grounds to refuse to investigate this petition of the petitioner.

Conforming to Paragraph 1 of 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 adopts the following

decision:

1. To accept the petition (Petition No. 1B-05) of the Vilnius Regional Administrative Court for consideration, to the extent that it requests an investigation into whether Paragraph 3 of Article 57 of the Republic of Lithuania’s Law on the Proceedings of Administrative Cases is not in conflict with Article 29 of the Constitution of the Republic of Lithuania, and whether Paragraph 4 of Article 10 of the Republic of Lithuania’s Law on State Secrets and Official Secrets is not in conflict with Paragraph 1 of Article 30, Paragraph 1 of Article 109 of the Constitution of the Republic of Lithuania, whether Paragraphs 1 and 2 of Article 11 of the same law are not in conflict with Article 29 of the Constitution of the Republic of Lithuania and the principles of justice and a state under the rule of law entrenched in the Preamble to the Constitution.

2. To refuse to consider the petition (Petition No. 1B-05) of the Vilnius Regional Administrative Court to the extent that requests an investigation into whether Paragraphs 1 and 2 of Article 11 of the Republic of Lithuania’s Law on State Secrets and Official Secrets are not in conflict with Paragraphs 1 and 2 of Article 51 and Paragraph 1 of Article 53 of the Republic of Lithuania’s Law on the Proceedings of Administrative Cases.

Justices of the Constitutional Court:                                                   Armanas Abramavičius

Egidijus Kūris

Kęstutis Lapinskas

Zenonas Namavičius

Augustinas Normantas

Jonas Prapiestis

Vytautas Sinkevičius

Stasys Stačiokas