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On accepting a petition of the petitioner

 

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

DECISION

ON ACCEPTING THE PETITION OF A PETITIONER

 

22 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 petition of 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, the petitioner, 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 principle of a state under the rule of law, which is entrenched in the Constitution of the Republic of Lithuania, and whether Article 4 of the same decree is not in conflict with the principle of a state under the rule of law, which is entrenched in the Constitution of the Republic of Lithuania and Paragraph 2 of Article 7 of the Constitution.

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).

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 contains a request that the Constitutional Court investigate 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 principle of a state under the rule of law, which is entrenched in the Constitution of the Republic of Lithuania, and whether Article 4 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 is not in conflict with the principle of a state under the rule of law, which is entrenched in the Constitution and Paragraph 2 of Article 7 of the Constitution.

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 19 March 2004.

The Constitutional Court

holds that:

1. On 12 March 2004, the President of the Republic issued the Decree (No. 397) “On the Proposal to Institute Impeachment Proceedings Against the Member of the Seimas of the Republic of Lithuania Artūras Paulauskas”. This decree of the President of the Republic was published in the official gazette “Valstybės žinios” on 16 March 2004 (Official Gazette Valstybės žinios, 2004, No. 40-1303).

2. 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 is grounded upon legal arguments. Alongside, it needs to be noted that non-legal arguments are also presented in the petition.

3. 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 meets the requirements established in the Constitution and the Law on the Constitutional Court, which are applicable to the Seimas resolutions by which one applies to the Constitutional Court with petitions requesting an investigation into the compliance of decrees of the President of the Republic with the Constitution and laws.

There are no grounds provided for in the Law on the Constitutional Court to refuse to investigate the petition or to return the petition to the petitioner.

Conforming to Item 1 of Paragraph 2 of Article 105 of the Constitution of the Republic of Lithuania and Articles 26, 28 and 63 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 accept 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 principle of a state under the rule of law, which is entrenched in the Constitution of the Republic of Lithuania, and whether Article 4 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 is not in conflict with the principle of a state under the rule of law, which is entrenched in the Constitution and Paragraph 2 of Article 7 of the Constitution.

Justices of the Constitutional Court:                                                  Armanas Abramavičius

Egidijus Jarašiūnas

Egidijus Kūris

Kęstutis Lapinskas

Zenonas Namavičius

Augustinas Normantas

Jonas Prapiestis

Vytautas Sinkevičius

Stasys Stačiokas