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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

10 September 2009
Vilnius

 

The Constitutional Court of the Republic of Lithuania, composed of the Justices of the Constitutional Court: Armanas Abramavičius, Toma Birmontienė, Pranas Kuconis, Kęstutis Lapinskas, Zenonas Namavičius, Ramutė Ruškytė, Egidijus Šileikis, Algirdas Taminskas, and Romualdas Kęstutis Urbaitis

The court reporter—Daiva Pitrėnaitė

The Constitutional Court of the Republic of Lithuania, in its procedural sitting, considered the petition of a group of members of the Seimas of the Republic of Lithuania, the petitioner, requesting an investigation into whether the provisions of Paragraph 2 of Article 153, Paragraph 3 of Article 319 and Paragraph 3 of Article 352 of the Code of Civil Procedure of the Republic of Lithuania are not in conflict with Paragraph 1 of Article 117 of the Constitution of the Republic of Lithuania.

The Constitutional Court

has established:

On 14 July 2009, the petition of a group of members of the Seimas, the petitioner, requesting an investigation into whether the provisions of Paragraph 2 of Article 153, Paragraph 3 of Article 319 and Paragraph 3 of Article 352 of the Code of Civil Procedure (hereinafter also referred to as the CCP) are not in conflict with Paragraph 1 of Article 117 of the Constitution was received at the Constitutional Court.

The Constitutional Court

holds that:

1. A group of members of the Seimas, the petitioner, requests an investigation into whether the provisions of Paragraph 2 of Article 153, Paragraph 3 of Article 319 and Paragraph 3 of Article 352 of the CCP are not in conflict with Paragraph 1 of Article 117 of the Constitution.

2. The following is established in Paragraph 2 of Article 153, Paragraph 3 of Article 319 and Paragraph 3 of Article 352 of the CCP which are impugned by the petitioner:

– “In cases established by this Code, written proceedings shall be possible. In this case, the parties participating in the case shall not be invited to the court hearing and shall not participate in it. The parties participating in the case shall be informed about the written proceedings by written notices, save the cases when this Code does not provide that the performance of the procedural actions must be informed about.” (Paragraph 2 of Article 153);

– “The parties participating in the case shall be informed about the place and time of consideration of the appeal case. When the case is considered under written proceedings, the parties participating in the case shall not be invited to the court hearing and the court hearing shall take place without their participation. In case of oral proceedings, the persons participating in the case shall be invited to the court hearing, however, their non-participation does not prevent the consideration of the case.” (Paragraph 3 of Article 319);

– “The parties participating in the case shall be informed about the place and time of consideration of the cassation case. When the case is considered under written proceedings, the parties participating in the case shall not be invited to the court hearing and the court hearing shall take place without their participation. In case of oral proceedings, the parties, the third persons and their representatives specified in Article 354 of this Code shall be invited to the court hearing, however, their non-participation does not prevent the consideration of the case.” (Paragraph 3 of Article 352).

3. The group of Members of the Seimas, the petitioner, grounds its petition on the fact that when the case is considered under written proceedings in the instances of appeal and cassation, a party to the case is not allowed to participate in the courtroom and, thus, the constitutional rights of a participant to the proceedings are violated.

4. It is obvious from the petition of the petitioner that it disputes Paragraph 2 of Article 153 of the CCP, Paragraph 3 of Article 319 and Paragraph 3 of Article 352 thereof to the extent that they prescribe that when a case is considered under written proceedings, the parties participating in the case are not invited to a court hearing and the court hearing takes place without their participation.

5. The petition of a group of members of the Seimas, the petitioner, virtually meets the requirements established in the Law on the Constitutional Court of the Republic of Lithuania.

Conforming to Paragraph 1 of Article 102 of the Constitution of the Republic of Lithuania and Paragraph 1 of Article 28 and Article 66 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 of a group of members of the Seimas of the Republic of Lithuania, the petitioner, requesting an investigation into whether Paragraph 2 of Article 153, Paragraph 3 of Article 319 and Paragraph 3 of Article 352 of the Code of Civil Procedure of the Republic of Lithuania, to the extent that they prescribe that when a case is considered under written proceedings, the parties participating in the case are not invited to a court hearing and the court hearing takes place without their participation, are not in conflict with Paragraph 1 of Article 117 of the Constitution of the Republic of Lithuania.

This decision of the Constitutional Court is final and not subject to appeal.

The decision is pronounced in the name of the Republic of Lithuania.

Justices of the Constitutional Court: Armanas Abramavičius
                                                                      Toma Birmontienė
                                                                      Pranas Kuconis
                                                                      Kęstutis Lapinskas
                                                                      Zenonas Namavičius
                                                                      Ramutė Ruškytė
                                                                      Egidijus Šileikis
                                                                      Algirdas Taminskas
                                                                      Romualdas Kęstutis Urbaitis