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On returning a petition

 

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

DECISION

ON THE PETITION SET FORTH IN THE RESOLUTION OF THE SEIMAS OF THE REPUBLIC OF LITHUANIA “ON THE APPLICATION TO THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA WITH THE PETITION REQUESTING AN INVESTIGATION INTO WHETHER THE DECREE OF THE PRESIDENT OF THE REPUBLIC ‘ON THE PROPOSAL TO INSTITUTE IMPEACHMENT PROCEEDINGS AGAINST THE MEMBER OF THE SEIMAS OF THE REPUBLIC OF LITHUANIA ARTŪRAS PAULAUSKAS’ IS NOT IN CONFLICT WITH THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA” OF 16 MARCH 2004 REQUESTING AN INVESTIGATION INTO WHETHER THE DECREE OF THE PRESIDENT OF THE REPUBLIC (NO. 397) “ON THE PROPOSAL TO INSTITUTE IMPEACHMENT PROCEEDINGS AGAINST THE MEMBER OF THE SEIMAS OF THE REPUBLIC OF LITHUANIA ARTŪRAS PAULAUSKAS” OF 12 MARCH 2004 IS NOT IN CONFLICT WITH THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA

 

17 March 2004

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, has considered the Resolution of the Seimas of the Republic of Lithuania (the petitioner) “On the Application to the Constitutional Court of the Republic of Lithuania with the Petition Requesting an Investigation into whether the Decree of the President of the Republic ‘On the Proposal to Institute Impeachment Proceedings Against the Member of the Seimas of the Republic of Lithuania Artūras Paulauskas’ Is Not in Conflict with the Constitution of the Republic of Lithuania” of 16 March 2004.

The Constitutional Court

has established:

1. On 16 March 2004, the Seimas of the Republic of Lithuania, the petitioner, adopted the Resolution “On the Application to the Constitutional Court of the Republic of Lithuania with the Petition Requesting an Investigation into whether the Decree of the President of the Republic ‘On the Proposal to Institute Impeachment Proceedings Against the Member of the Seimas of the Republic of Lithuania Artūras Paulauskas’ Is Not in Conflict with the Constitution of the Republic of Lithuania”. This Seimas resolution was published in the official gazette “Valstybės žinios” on 17 March 2004 (Official Gazette Valstybės žinios, 2004, No. 41-1325).

2. The Seimas Resolution “On the Application to the Constitutional Court of the Republic of Lithuania with the Petition Requesting an Investigation into whether the Decree of the President of the Republic ‘On the Proposal to Institute Impeachment Proceedings Against the Member of the Seimas of the Republic of Lithuania Artūras Paulauskas’ Is Not in Conflict with the Constitution of the Republic of Lithuania” of 16 March 2004 was received at the Constitutional Court on 17 March 2004.

The Constitutional Court

holds that:

1. Item 1 of Paragraph 3 of Article 66 of the Law on the Constitutional Court provides that a duplicate of the whole text of the impugned legal act shall be attached to the petition. Under Item 15 of Section 1 of Chapter VI of the Rules of the Constitutional Court, the text published in the official gazette “Valstybės žinios” should be considered such a duplicate.

Paragraph 5 of Article 66 of the Law on the Constitutional Court provides that the petition and attachments thereto specified in Paragraph 3 of this article shall be submitted to the Constitutional Court along with 30 copies of the duplicate.

2. There is not any duplicate of the whole text of the Decree of the President of the Republic (No. 397) “On the Proposal to Institute Impeachment Proceedings Against the Member of the Seimas of the Republic of Lithuania Artūras Paulauskas” of 12 March 2004 attached to the Seimas Resolution “On the Application to the Constitutional Court of the Republic of Lithuania with the Petition Requesting an Investigation into whether the Decree of the President of the Republic ‘On the Proposal to Institute Impeachment Proceedings Against the Member of the Seimas of the Republic of Lithuania Artūras Paulauskas’ Is Not in Conflict with the Constitution of the Republic of Lithuania”, which was received at the Constitutional Court, nor are there 30 copies of the duplicate of the impugned legal act.

The petition set forth in the Seimas Resolution “On the Application to the Constitutional Court of the Republic of Lithuania with the Petition Requesting an Investigation into whether the Decree of the President of the Republic ‘On the Proposal to Institute Impeachment Proceedings Against the Member of the Seimas of the Republic of Lithuania Artūras Paulauskas’ Is Not in Conflict with the Constitution of the Republic of Lithuania” of 16 March 2004 does not meet the requirements of Item 1 of Paragraph 3 of Article 66 and Paragraph 5 of the same article of the Law on the Constitutional Court.

3. Subsequent to Article 70 of the Law on the Constitutional Court, in the case that a petition or attachments thereto fail to comply with the requirements set forth in Article 66 of this law, the petition must be returned. Paragraph 2 of Article 70 of the Law on the Constitutional Court provides that the return of a petition shall not take away the right to apply to the Constitutional Court according to the common procedure after removal of the deficiencies thereof.

Conforming to Article 106 of the Constitution of the Republic of Lithuania, Paragraph 1 of Article 26 and Article 70 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 return the petition to the Seimas of the Republic of Lithuania, the petitioner, set forth in the Resolution of the Seimas of the Republic of Lithuania “On the Application to the Constitutional Court of the Republic of Lithuania with the Petition Requesting an Investigation into whether the Decree of the President of the Republic ‘On the Proposal to Institute Impeachment Proceedings Against the Member of the Seimas of the Republic of Lithuania Artūras Paulauskas’ Is Not in Conflict with the Constitution of the Republic of Lithuania” of 16 March 2004.

Justices of the Constitutional Court:                                                  Armanas Abramavičius

Egidijus Jarašiūnas

Egidijus Kūris

Kęstutis Lapinskas

Zenonas Namavičius

Augustinas Normantas

Jonas Prapiestis

Vytautas Sinkevičius

Stasys Stačiokas