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On returning a petition

 

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

DECISION

ON THE PETITION OF THE VISAGINAS CITY LOCAL COURT, THE PETITIONER, REQUESTING AN INVESTIGATION INTO WHETHER PARAGRAPH 3 (WORDING OF 11 NOVEMBER 2004) OF ARTICLE 3.194 OF THE CIVIL CODE OF THE REPUBLIC OF LITHUANIA IS NOT IN CONFLICT WITH THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA

 

16 January 2006

Vilnius

 

The Constitutional Court of the Republic of Lithuania, composed of the Justices of the Constitutional Court: Armanas Abramavičius, Toma Birmontienė, Egidijus Kūris, 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, at its procedural sitting, has considered the 15 November 2005 petition of the Visaginas City Local Court, requesting an investigation into whether Paragraph 3 (wording of 11 November 2004) of Article 3.194 of the Civil Code of the Republic of Lithuania to the extent that it prescribes that “the court may award support <...> when the support is necessary to the child when they learn at day-time departments of secondary, higher education or vocational schools and they are not older than 24 years old” is not in conflict with Paragraph 6 of Article 38 of the Constitution of the Republic of Lithuania.

The Constitutional Court

has established:

The Visaginas City Local Court, the petitioner, considered a civil case. By its ruling of 15 November 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 3 (wording of 11 November 2004) of Article 3.194 of the Civil Code of the Republic of Lithuania to the extent that it prescribes that “the court may award support <...> when the support is necessary to the child when they learn at day-time departments of secondary, higher education or vocational schools and they are not older than 24 years old” is not in conflict with Paragraph 6 of Article 38 of the Constitution. The petition of the petitioner was received by the Constitutional Court on 5 December 2005.

The Constitutional Court

holds that:

1. Under Article 67 of the Law on the Constitutional Court of the Republic of Lithuania, the courts shall apply by their rulings with the petition requesting a decision of whether a law or other legal act is in compliance with the Constitution. The suspended case of the court as well as the duplicate of the whole text of the impugned legal act must be attached to the ruling hereto.

Under Item 15 of Section 1 of Chapter VI of the Rules of the Constitutional Court of the Republic of Lithuania, the text of the legal act which is published in the official gazette “Valstybės žinios” is considered such a duplicate.

The ruling of the court and the duplicate of the disputed legal act are provided to the Constitutional Court in 30 copies each.

2. The Visaginas City Local Court, the petitioner, provided the Constitutional Court with 30 copies of the ruling of 15 November 2005 of this court signed by the judge. It should be noted that these copies do not conform to the ruling of the court in the civil case investigated by the Visaginas City Local Court, attached to the petition for the Constitutional Court because this ruling is not signed by the judge who adopted it.

3. Even though the Visaginas City Local Court, the petitioner, impugns the compliance of Paragraph 3 (wording of 11 November 2004) of Article 3.194 of the Civil Code with the Constitution, it provided the Constitutional Court with the duplicates of Paragraph 3 (wording of 18 July 2000) of Article 3.194 of the Civil Code (in 30 copies) that are not the duplicates of the text published in the official gazette “Valstybės žinios”.

4. It should be held that the petition provided to the Constitutional Court by the Visaginas City Local Court, the petitioner, and the attachments thereto fail to comply with the requirements set forth in Article 67 of the Law on the Constitutional Court.

5. Under Article 70 of the Law on the Constitutional Court, a petition that fails to comply with the requirements set forth in Article 67 of this law, shall be returned to the petitioner. The return of a petition shall not take away the right to apply to the Constitutional Court according to the common procedure after removal of the deficiencies thereof.

Conforming to Paragraph 3 of Article 22, Paragraph 2 of Article 25, Articles 28 and 70 of the Law on the Constitutional Court of the Republic of Lithuania and Chapter VI of the Rules of the Constitutional Court of the Republic of Lithuania, the Constitutional Court of the Republic of Lithuania adopts the following

decision:

To return the Visaginas City Local Court, the petitioner, the petition, requesting an investigation into whether Paragraph 3 (wording of 11 November 2004) of Article 3.194 of the Civil Code of the Republic of Lithuania to the extent that it prescribes that “the court may award support <...> when the support is necessary to the child when they learn at day-time departments of secondary, higher education or vocational schools and they are not older than 24 years old” is not in conflict with Paragraph 6 of Article 38 of the Constitution of the Republic of Lithuania.

Justices of the Constitutional Court:             Armanas Abramavičius

                                                                                  Toma Birmontienė

                                                                                  Egidijus Kūris

                                                                                  Kęstutis Lapinskas

                                                                                  Zenonas Namavičius

                                                                                  Ramutė Ruškytė

                                                                                  Vytautas Sinkevičius

                                                                                  Stasys Stačiokas

                                                                                  Romualdas Kęstutis Urbaitis