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On accepting a petition of the petitioner

 

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

DECISION

ON THE PETITION OF THE SUPREME ADMINISTRATIVE COURT OF LITHUANIA REQUESTING AN INVESTIGATION INTO WHETHER PARAGRAPH 14 OF ARTICLE 26 OF THE REPUBLIC OF LITHUANIA’S LAW ON TOBACCO CONTROL IS NOT IN CONFLICT WITH THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA

 

7 February 2005

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 Supreme Administrative Court of Lithuania, the petitioner, requesting an investigation into whether Paragraph 14 of Article 26 of the Republic of Lithuania’s Law on Tobacco Control (wording of 20 November 2003), to the extent that the right of the court is limited to impose, upon taking into consideration all the circumstances, including those established in the law, a lesser fine than that established in Paragraph 7 of Article 26 of the Law on Tobacco Control for violation of prohibitions related to sale and storing of tobacco products that are established in Item 6 of Paragraph 3 of Article 14 of the Law on Tobacco Control, is not in conflict with Paragraphs 1, 2, and 3 of Article 109 of the Constitution of the Republic of Lithuania as well as the constitutional principle of a state under the rule of law.

The Constitutional Court

has established:

1. The Supreme Administrative Court of Lithuania, the petitioner, considered an administrative case. By its ruling of 21 January 2005, the said court suspended the consideration of the case and applied to the Constitutional Court with the petition requesting an investigation into whether Paragraph 14 of Article 26 of the Law on Tobacco Control (wording of 20 November 2003), to the extent that, as the petitioner maintains, the right of the court is limited to impose, upon taking into consideration all the circumstances, including those established in the law, a lesser fine than that established in Paragraph 7 of Article 26 of the Law on Tobacco Control for violation of prohibitions related to sale and storing of tobacco products that are established in Item 6 of Paragraph 3 of Article 14 of the Law on Tobacco Control, is not in conflict with Paragraphs 1, 2, and 3 of Article 109 of the Constitution as well as the constitutional principle of a state under the rule of law.

The Constitutional Court

holds that:

The petition of the Supreme Administrative Court of Lithuania requesting an investigation into whether Paragraph 14 of Article 26 of the Republic of Lithuania’s Law on Tobacco Control (wording of 20 November 2003), to the extent that, as the petitioner maintains, the right of the court is limited to impose, upon taking into consideration all the circumstances, including those established in the law, a lesser fine than that established in Paragraph 7 of Article 26 of the Law on Tobacco Control for violation of prohibitions related to sale and storing of tobacco products that are established in Item 6 of Paragraph 3 of Article 14 of the Law on Tobacco Control ,is not in conflict with Paragraphs 1, 2, and 3 of Article 109 of the Constitution as well as the constitutional principle of a state under the rule of law, is virtually in line with the requirements established in the Law on the Constitutional Court.

Conforming to Paragraph 1 of Article 102 of the Constitution of the Republic of Lithuania and Paragraph 1 of Article 28 and Article 67 of the Law on the Constitutional Court of the Republic of Lithuania, the Constitutional Court of the Republic of Lithuania has adopted the following

decision:

To accept the petition of the Supreme Administrative Court of Lithuania requesting an investigation into whether Paragraph 14 of Article 26 of the Republic of Lithuania’s Law on Tobacco Control (wording of 20 November 2003), to the extent that, as the petitioner maintains, the right of the court is limited to impose, upon taking into consideration all the circumstances, including those established in the law, a lesser fine than that established in Paragraph 7 of Article 26 of the Law on Tobacco Control for violation of prohibitions related to sale and storing of tobacco products that are established in Item 6 of Paragraph 3 of Article 14 of the Law on Tobacco Control, is not in conflict with Paragraphs 1, 2, and 3 of Article 109 of the Constitution as well as the constitutional principle of a state under the rule of law.

 

Justices of the Constitutional Court:            Armanas Abramavičius

                                                                                 Egidijus Jarašiūnas

                                                                                 Egidijus Kūris

                                                                                 Kęstutis Lapinskas

                                                                                 Zenonas Namavičius

                                                                                 Augustinas Normantas

                                                                                 Jonas Prapiestis

                                                                                 Vytautas Sinkevičius

                                                                                 Stasys Stačiokas