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

 

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

DECISION

ON THE PETITION OF THE VILNIUS REGIONAL ADMINISTRATIVE COURT, THE PETITIONER, REQUESTING AN INVESTIGATION INTO WHETHER THE PROVISION “THE PROCEEDINGS MAY BE RESUMED ON THE FOLLOWING GROUNDS: <…> 11) IF THE LEGAL ACT ON THE BASIS WHEREOF THE COURT DISPOSED OF THE CASE HAS BEEN REVOKED AS ILLEGAL” OF PARAGRAPH 2 (WORDING OF 19 SEPTEMBER 2000) OF ARTICLE 153 OF THE REPUBLIC OF LITHUANIA’S LAW ON THE PROCEEDINGS ADMINISTRATIVE CASES IS NOT IN CONFLICT WITH PARAGRAPH 1 OF ARTICLE 29 AND PARAGRAPH 1 OF ARTICLE 107 OF THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA, THE CONSTITUTIONAL PRINCIPLE OF A STATE UNDER THE RULE OF LAW, AS WELL AS PARAGRAPH 4 OF ARTICLE 72 OF THE LAW ON THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

10 November 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 (No. 1B-54/2009) of the Vilnius Regional Administrative Court, the petitioner, requesting an investigation into whether the provision “The proceedings may be resumed on the following grounds: <…> 11) if the legal act on the basis whereof the court disposed of the case has been revoked as illegal” of Paragraph 2 (wording of 19 September 2000) of Article 153 of the Republic of Lithuania’s Law on the Proceedings of Administrative Cases to the extent that, according to the petitioner, proceedings in an administrative case are resumed after the Constitutional Court rules the respective legal act to be in conflict with the Constitution or laws, is not in conflict with Paragraph 1 of Article 29 and Paragraph 1 of Article 107 of the Constitution of the Republic of Lithuania, the constitutional principle of a state under the rule of law, as well as Paragraph 4 of Article 72 of the Law on the Constitutional Court of the Republic of Lithuania.

The Constitutional Court

has established:

The Vilnius Regional Administrative Court, the petitioner, considered an administrative case. By its ruling, the said court suspended the consideration of the case and applied to the Constitutional Court with the petition requesting an investigation into whether the provision “The proceedings may be resumed on the following grounds: <…> 11) if the legal act on the basis whereof the court disposed of the case has been revoked as illegal” of Paragraph 2 (wording of 19 September 2000) of Article 153 of the Law on the Proceedings of Administrative Cases to the extent that, according to the petitioner, proceedings in an administrative case are resumed after the Constitutional Court rules the respective legal act to be in conflict with the Constitution or laws, is not in conflict with Paragraph 1 of Article 29 and Paragraph 1 of Article 107 of the Constitution, the constitutional principle of a state under the rule of law, as well as Paragraph 4 of Article 72 of the Law on the Constitutional Court.

The Constitutional Court

holds that:

1. The Vilnius Regional Administrative Court, the petitioner, requests, inter alia, an investigation into whether the provision “The proceedings may be resumed on the following grounds: <…> 11) if the legal act on the basis whereof the court disposed of the case has been revoked as illegal” of Paragraph 2 (wording of 19 September 2000) of Article 153 of the Law on the Proceedings of Administrative Cases to the extent that, according to the petitioner, proceedings in an administrative case are resumed after the Constitutional Court rules the respective legal act to be in conflict with the Constitution or laws, is not in conflict with Paragraph 4 of Article 72 of the Law on the Constitutional Court, i.e. it requests that the Constitutional Court investigate the compliance of a legal act with a legal act of the same legal force.

According to Paragraph 1 of Article 105 of the Constitution and Item 1 of Paragraph 1 of Article 63 of the Law on the Constitutional Court, the Constitutional Court investigates whether laws are not in conflict with the Constitution. The Constitutional Court has held in its acts more than once that, according to the Constitution, it does not investigate the compliance of a legal act with a legal act of the same legal force and that, according to Item 2 of Paragraph 1 of Article 69 of the Law on the Constitutional Court (conforming to which, by a decision, the Constitutional Court shall refuse to consider petition, if it does not fall under the jurisdiction of the Constitutional Court), this constitutes the reason to refuse to consider the respective petition of a petitioner.

Thus, the consideration of the compliance of the provision of Paragraph 2 (wording of 19 September 2000) of Article 153 of the Law on the Proceedings of Administrative Cases with Paragraph 4 of Article 72 of the Law on the Constitutional Court does not fall under the jurisdiction of the Constitutional Court.

Having taken into account the arguments set forth, the conclusion should be drawn that there are the grounds for refusing to consider the petition of the Vilnius Regional Administrative Court, the petitioner, to the extent that it requests an investigation into whether the provision “The proceedings may be resumed on the following grounds: <…> 11) if the legal act on the basis whereof the court disposed of the case has been revoked as illegal” of Paragraph 2 (wording of 19 September 2000) of Article 153 of the Law on the Proceedings of Administrative Cases is not in conflict with Paragraph 4 of Article 72 of the Law on the Constitutional Court.

2. The petition of the Vilnius Regional Administrative Court, the petitioner, requesting an investigation into whether the provision “The proceedings may be resumed on the following grounds: <…> 11) if the legal act on the basis whereof the court disposed of the case has been revoked as illegal” of Paragraph 2 (wording of 19 September 2000) of Article 153 of the Law on the Proceedings of Administrative Cases to the extent that, according to the petitioner, proceedings in an administrative case are resumed after the Constitutional Court rules the respective legal act to be in conflict with the Constitution or laws, is not in conflict with Paragraph 1 of Article 29 and Paragraph 1 of Article 107 of the Constitution and the constitutional principle of a state under the rule of law, meets the requirements established in the Constitution and the Law on the Constitutional Court.

Conforming to 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 for consideration the petition of the Vilnius Regional Administrative Court, the petitioner, requesting an investigation into whether the provision “The proceedings may be resumed on the following grounds: <…> 11) if the legal act on the basis whereof the court disposed of the case has been revoked as illegal” of Paragraph 2 (wording of 19 September 2000) of Article 153 of the Republic of Lithuania Law on the Proceedings of Administrative Cases to the extent that, according to the petitioner, proceedings in an administrative case are resumed after the Constitutional Court rules the respective legal act to be in conflict with the Constitution or laws, is not in conflict with Paragraph 1 of Article 29 and Paragraph 1 of Article 107 of the Constitution of the Republic of Lithuania and the constitutional principle of a state under the rule of law.

2. To refuse to consider the petition of the Vilnius Regional Administrative Court, the petitioner, requesting an investigation into whether the provision “The proceedings may be resumed on the following grounds: <…> 11) if the legal act on the basis whereof the court disposed of the case has been revoked as illegal” of Paragraph 2 (wording of 19 September 2000) of Article 153 of the Republic of Lithuania Law on the Proceedings of Administrative Cases to the extent that, according to the petitioner, proceedings in an administrative case are resumed after the Constitutional Court rules the respective legal act to be in conflict with the Constitution or laws, is not in conflict with Paragraph 4 of Article 72 of the Law on the Constitutional Court of the Republic of Lithuania.

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

The decision is promulgated in the name of 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