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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

 

28 December 2006

Vilnius

The Constitutional Court of the Republic of Lithuania, composed of the Justices of the Constitutional Court: Armanas Abramavičius, Toma Birmontienė, Kęstutis Lapinskas, Zenonas Namavičius, Ramutė Ruškytė, Vytautas Sinkevičius, Stasys Stačiokas, and Romualdas Kęstutis Urbaitis

The court reporter—Daiva Pitrėnaitė

The Constitutional Court of the Republic of Lithuania, in its procedural sitting, has considered the petition (No. 1B-63) of the Vilnius Regional Administrative Court, the petitioner, requesting an investigation into whether the provisions of Item 1 of Paragraph 1 and Item 1 of Paragraph 2 of Article 2 of the Republic of Lithuania’s Law on Amending the Law on State Social Insurance and the Law on Composition of the Budget of the State Social Insurance Fund (No. IX-1748), as well as, according to the petitioner, the provisions of Paragraph 3 of Article 4 and Item 1 of Paragraph 2 of Article 8 of the “Law No. IX-2635 of 4 November 2004” to the extent that, according to the petitioner, they prescribe that the self-employed persons who receive social insurance old age pensions have to pay social insurance contributions for the basic and the complementary parts of the pension, and to the extent that, according to the petitioner, the obligation for the self-employed persons to pay contributions for the basic and the complementary parts of the pension is related to 12 minimum monthly salaries calculated under the procedure established by law, are not in conflict with Paragraph 2 of Article 29, Paragraph 1 of Article 48 and Article 52 of the Constitution of the Republic of Lithuania and with the principles of justice and a state under the rule of law entrenched in the Constitution of the Republic of Lithuania.

The Constitutional Court

has established:

I

1. 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 provisions of Item 1 of Paragraph 1 and Item 1 of Paragraph 2 of Article 2 of the Law on Amending the Law on State Social Insurance and the Law on Composition of the Budget of the State Social Insurance Fund (No. IX-1748), as well as, according to the petitioner, the provisions of Paragraph 3 of Article 4 and Item 1 of Paragraph 2 of Article 8 of the “Law No. IX-2635 of 4 November 2004” to the extent that, according to the petitioner, they prescribe that the self-employed persons who receive social insurance old age pensions have to pay social insurance contributions for the basic and the complementary parts of the pension, and to the extent that, according to the petitioner, the obligation for the self-employed persons to pay contributions for the basic and the complementary parts of the pension is related to 12 minimum monthly salaries calculated under the procedure established by law, are not in conflict with Paragraph 2 of Article 29, Paragraph 1 of Article 48 and Article 52 of the Constitution and with the principles of justice and a state under the rule of law entrenched in the Constitution. This petition was received at the Constitutional Court on 16 November 2006.

2. It is specified in the petition that the impugned provisions are entrenched in Item 1 of Paragraph 1 and Item 1 of Paragraph 2 of Article 2 of the Law on Amending the Law on State Social Insurance and the Law on Composition of the Budget of the State Social Insurance Fund (No. IX-1748) and in Paragraph 3 of Article 4 and Item 1 of Paragraph 2 of Article 8 of the “Law No. IX-2635 of 4 November 2004”.

The Constitutional Court

holds that:

1. The Vilnius Regional Administrative Court, the petitioner, requests an investigation into whether the provisions of Item 1 of Paragraph 1 and Item 1 of Paragraph 2 of Article 2 of the Law on Amending the Law on State Social Insurance and the Law on Composition of the Budget of the State Social Insurance Fund (No. IX-1748), as well as, according to the petitioner, the provisions of Paragraph 3 of Article 4 and Item 1 of Paragraph 2 of Article 8 of the “Law No. IX-2635 of 4 November 2004” to the extent that, according to the petitioner, they prescribe that the self-employed persons who receive social insurance old age pensions have to pay social insurance contributions for the basic and the complementary parts of the pension, and to the extent that, according to the petitioner, the obligation for the self-employed persons to pay contributions for the basic and the complementary parts of the pension is related to 12 minimum monthly salaries calculated under the procedure established by law, are not in conflict with Paragraph 2 of Article 29, Paragraph 1 of Article 48 and Article 52 of the Constitution and with the constitutional principles of justice and a state under the rule of law.

Duplicates of the Law on Amending the Law on State Social Insurance and the Law on Composition of the Budget of the State Social Insurance Fund (No. IX-1748) which was adopted by the Seimas on 7 October 2003 and of the Law on Amending the Law on State Social Insurance (No. IX-2535) which was adopted by the Seimas on 4 November 2004, i.e. duplicates of the texts published in the official gazette “Valstybės žinios”, are attached to the petition.

2. On 21 May 1991, the Seimas adopted the Republic of Lithuania’s Law on State Social Insurance (No. I-1336). The Law on State Social Insurance (wording of 21 May 1991) has been amended and/or supplemented more than once, inter alia, by the Law on Amending the Law on State Social Insurance and the Law on Composition of the Budget of the State Social Insurance Fund (No. IX-1748) which was adopted by the Seimas on 7 October 2003, and by the Law on Amending the Law on State Social Insurance (No. IX-2535) which was adopted by the Seimas on 4 November 2004.

Article 2 of the First Chapter titled “Amendment of Articles 4 and 34 of the Law on State Social Insurance” of the Law on Amending the Law on State Social Insurance and the Law on Composition of the Budget of the State Social Insurance Fund (No. IX-1748) which was adopted by the Seimas on 7 October 2003, amended, inter alia, Paragraphs 3 and 4 (wording of 4 July 2002) of the Law on State Social Insurance (wording of 21 May 1991) and Article 1 of the Law on Amending the Law on State Social Insurance (No. IX-2535) which was adopted by the Seimas on 4 November 2004 set forth the Law on State Social Insurance (wording of 21 May 1991) in a new wording.

3. It needs to be noted that even though the petitioner requests an investigation into whether the provisions of Item 1 of Paragraph 1 and Item 1 of Paragraph 2 of Article 2 of the Law on Amending the Law on State Social Insurance and the Law on Composition of the Budget of the State Social Insurance Fund (No. IX-1748), which was adopted by the Seimas on 7 October 2003, are not in conflict with the Constitution, it is obvious from the petition of the petitioner that it doubted whether the provisions of Item 1 (wording of 7 October 2003) of Paragraph 3 and Item 1 (wording of 7 October 2003) of Paragraph 4 of Article 34 of the Law on State Social Insurance, to the extent that, according to the petitioner, they prescribe that the self-employed persons who receive social insurance old age pensions have to pay social insurance contributions for the basic and the complementary parts of the pension, and to the extent that, according to the petitioner, the obligation for the self-employed persons to pay contributions for the basic and the complementary parts of the pension is related to 12 minimum monthly salaries calculated under the procedure established by law are not in conflict with Paragraph 2 of Article 29, Paragraph 1 of Article 48 and Article 52 of the Constitution and with the constitutional principles of justice and a state under the rule of law.

4. It needs to be noted that even though the petitioner does not specify the title of the impugned “Law No. IX-2635 of 4 November 2004” and he specifies the number of the law in the operative part of its ruling (as well as in some other places of the petition) in a wrong way, however, it is obvious from the text of the law published in the official gazette “Valstybės žinios” which was attached to the petition of the petitioner and from the arguments of the petitioner that the petitioner impugns the provisions of Paragraph 3 (wording of 4 November 2004) of Article 4 and Item 1 (wording of 4 November 2004) of Paragraph 2 of Article 8 of the Law on State Social Insurance.

Conforming to Article 102 of the Constitution of the Republic of Lithuania and Article 1, Paragraph 2 of Article 25 and Article 28 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 (No. 1B-63) of the Vilnius Regional Administrative Court, the petitioner, requesting an investigation into whether the provisions of Item 1 (wording of 7 October 2003) of Paragraph 3 of Article 34 and of Item 1 (wording of 7 October 2003) of Paragraph 4 of the same article of the Republic of Lithuania’s Law on State Social Insurance, as well as of Paragraph 3 (wording of 4 November 2004) of Article 4 and Item 1 (wording of 4 November 2004) of Paragraph 2 of Article 8 of the Law on State Social Insurance, to the extent that, according to the petitioner, they prescribe that the self-employed persons who receive social insurance old age pensions have to pay social insurance contributions for the basic and the complementary parts of the pension, and to the extent that, according to the petitioner, the obligation for the self-employed persons to pay contributions for the basic and the complementary parts of the pension is related to 12 minimum monthly salaries calculated under the procedure established by law are not in conflict with Paragraph 2 of Article 29, Paragraph 1 of Article 48 and Article 52 of the Constitution of the Republic of Lithuania and with the constitutional principles of justice and a state under the rule of law.

Justices of the Constitutional Court:       Armanas Abramavičius

                                                                            Toma Birmontienė

                                                                            Kęstutis Lapinskas

                                                                            Zenonas Namavičius

                                                                            Ramutė Ruškytė

                                                                            Vytautas Sinkevičius

                                                                            Stasys Stačiokas

                                                                            Romualdas Kęstutis Urbaitis