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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

 

11 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, 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 of the Seimas of the Republic of Lithuania, the petitioner, set forth in the Seimas Resolution “On an Application to the Constitutional Court of the Republic of Lithuania with the Petition Requesting an Investigation into whether Paragraph 3 of Article 73 of the Statute of the Seimas of the Republic of Lithuania is not in Conflict with the Constitution of the Republic of Lithuania” of 20 December 2005, requesting an investigation into whether the provision “If a group of at least 1/4 of the members of Seimas submits a written demand to form a provisional control or investigation commission, the Seimas must form such a commission in the course of its nearest sitting” of Paragraph 3 of Article 73 of the Statute of the Seimas of the Republic of Lithuania is not in conflict with the principle of a free mandate of a Seimas member, entrenched in Paragraph 4 of Article 59 of the Constitution of the Republic of Lithuania.

The Constitutional Court

has established:

On 20 December 2005, the Seimas of the Republic of Lithuania, the petitioner, adopted the Resolution “On an Application to the Constitutional Court of the Republic of Lithuania with the Petition Requesting an Investigation into whether Paragraph 3 of Article 73 of the Statute of the Seimas of the Republic of Lithuania is not in Conflict with the Constitution of the Republic of Lithuania”. This Seimas resolution was published in the official gazette Valstybės žinios on 6 January 2006 (Official Gazette Valstybės žinios, 2006, No. 1-1).

In the Seimas Resolution “On an Application to the Constitutional Court of the Republic of Lithuania with the Petition Requesting an Investigation into whether Paragraph 3 of Article 73 of the Statute of the Seimas of the Republic of Lithuania is not in Conflict with the Constitution of the Republic of Lithuania” of 20 December 2005, the petition to the Constitutional Court to investigate whether the provision “If a group of at least 1/4 of the members of Seimas submits a written demand to form a provisional control or investigation commission, the Seimas must form such a commission in the course of its nearest sitting” of Paragraph 3 of Article 73 of the Statute of the Seimas of the Republic of Lithuania is not in conflict with the principle of a free mandate of a Seimas member, entrenched in Paragraph 4 of Article 59 of the Constitution of the Republic of Lithuania is set forth.

The Seimas resolution of 20 December 2005 with the petition requesting an investigation into whether the provision “If a group of at least 1/4 of the members of Seimas submits a written demand to form a provisional control or investigation commission, the Seimas must form such a commission in the course of its nearest sitting” of Paragraph 3 of Article 73 of the Statute of the Seimas is not in conflict with the principle of a free mandate of a Seimas member, entrenched in Paragraph 4 of Article 59 of the Constitution of the Republic of Lithuania, was received at the Constitutional Court on 9 January 2006.

The Constitutional Court

holds that:

The petition set forth in the Seimas Resolution “On an Application to the Constitutional Court of the Republic of Lithuania with the Petition Requesting an Investigation into whether Paragraph 3 of Article 73 of the Statute of the Seimas of the Republic of Lithuania is not in Conflict with the Constitution of the Republic of Lithuania” of 20 December 2005 meets the requirements established in the Constitution and the Law on the Constitutional Court of the Republic of Lithuania.

There are no grounds provided for in the Law on the Constitutional Court to refuse to investigate the petition or to return the petition to the petitioner.

Conforming to Paragraph 1 of Article 105 of the Constitution of the Republic of Lithuania and Articles 26, 28 and 63 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 of the Seimas of the Republic of Lithuania set forth in the Seimas Resolution “On an Application to the Constitutional Court of the Republic of Lithuania with the Petition Requesting an Investigation into whether Paragraph 3 of Article 73 of the Statute of the Seimas of the Republic of Lithuania is not in Conflict with the Constitution of the Republic of Lithuania” of 20 December 2005 requesting an investigation into whether the provision “If a group of at least 1/4 of the members of Seimas submits a written demand to form a provisional control or investigation commission, the Seimas must form such a commission in the course of its nearest sitting” of Paragraph 3 of Article 73 of the Statute of the Seimas of the Republic of Lithuania is not in conflict with the principle of a free mandate of a Seimas member, entrenched in Paragraph 4 of Article 59 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

                                                                                  Romualdas Kęstutis Urbaitis