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On restoration of the validity of a legal act

 

PRESIDENT OF THE CONSTITUTIONAL COURT 
OF THE REPUBLIC OF LITHUANIA

ANNOUNCEMENT

ON RESTORING 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

 

24 September 2009
Vilnius

 

On 11 October 2008, the official gazette “Valstybės žinios” (No. 39-1479) officially published the announcement of the President of the Constitutional Court of the Republic of Lithuania that 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.

On 24 September 2009, the Constitutional Court adopted the Ruling “On the Compliance 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 with the Constitution of the Republic of Lithuania” wherein it was ruled:

1. To recognise that 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, are not in conflict with the Constitution of the Republic of Lithuania.

2. To recognise that 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 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) is not in conflict with the Constitution of the Republic of Lithuania.

3. To recognise that 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) is not in conflict with the Constitution of the Republic of Lithuania.

4. To recognise that 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) is not in conflict with the Constitution of the Republic of Lithuania.

Conforming to Paragraph 3 of Article 26 of the Law on the Constitutional Court of the Republic of Lithuania,

I hereby announce that as from the day of the official publication of the Constitutional Court Ruling “On the Compliance 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 with the Constitution of the Republic of Lithuania” of 24 September 2009, 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), 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 (Official Gazette Valstybės žinios, 2008, No. 87-3461) shall be restored.

 

President Kęstutis Lapinskas