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On the suspension of the validity of a legal act

 

PRESIDENT OF THE CONSTITUTIONAL
COURT OF THE REPUBLIC OF LITHUANIA

 

ANNOUNCEMENT

ON THE SUSPENSION OF THE VALIDITY OF THE RESOLUTION OF THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA (NO. 1698) “ON THE CONSENT TO THE DRAFT AGREEMENT ON THE SALE AND PURCHASE OF THE SHARES OF THE JOINT-STOCK COMPANY ‘ALITA’ WHICH BELONG TO THE STATE BY RIGHT OF OWNERSHIP” OF 24 DECEMBER 2003

 

15 December 2006

Vilnius

 

By the Constitutional Court’s decision “On Accepting the Petition of a Petitioner” of 15 December 2006, the petition set forth in the Resolution of the Seimas of the Republic of Lithuania (No. X-922) “On the Conclusions of the Seimas Provisional Investigation Commission for Investigation into the Privatization of the Joint-stock Company ‘Alita’” of 23 November 2006 (Official Gazette Valstybės žinios, 2006, No. 134-5065) requesting an investigation into whether the Resolution of the Government of the Republic of Lithuania (No. 1698) “On the Consent to the Draft Agreement on the Sale and Purchase of the Shares of the Joint-Stock Company ‘Alita’ which Belong to the State by Right of Ownership” of 24 December 2003 (Official Gazette Valstybės žinios, 2003, No. 123-5628) is not in conflict with the principle of a state under the rule of law and with Paragraph 2 (wording of 4 November 1997) of Article 3 and the provision “negotiations on how to improve the bids may be entered into with the potential buyer or potential buyers who have submitted the highest bids and whose bids do not differ from each other by more than 15 per cent” of Paragraph 1 (wording of 4 November 1997) of Article 16 (wording of 17 December 2001) of the Republic of Lithuania’s Law on the Privatisation of State-owned and Municipal Property has been accepted for consideration.

Under Paragraph 4 of Article 106 of the Constitution of the Republic of Lithuania, the resolution of the Seimas asking for an investigation into the conformity of an act with the Constitution shall suspend the validity of the act. Under Paragraph 2 of Article 26 of the Law on the Constitutional Court, if the Constitutional Court adopts a decision to accept the petition for consideration, the President of the Constitutional Court shall immediately give an official announcement about it in the official gazette “Valstybės žinios” as well as on the Internet website of the Constitutional Court; the validity of the aforementioned act is suspended the day of the official publication of this announcement until the ruling of the Constitution Court concerning this case is published.

Conforming to Paragraph 4 of Article 106 of the Constitution of the Republic of Lithuania and Paragraph 2 of Article 26 of the Law on the Constitutional Court of the Republic of Lithuania,

I hereby announce that from the day of the official publication of this announcement in the official gazette “Valstybės žinios” until the publication of a ruling of the Constitutional Court regarding this case the validity of Resolution of the Government of the Republic of Lithuania (No. 1698) “On the Consent to the Draft Agreement on the Sale and Purchase of the Shares of the Joint-Stock Company ‘Alita’ which Belong to the State by Right of Ownership” of 24 December 2003 shall be suspended.

 

President                                                                                                                                                                        Egidijus Kūris