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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

23 October 2007

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, considered the petition of the President of the Republic of Lithuania, the petitioner, which was set forth in his Decree (No. 1K-1138) “On Applying to the Constitutional Court of the Republic of Lithuania” of 22 October 2007, requesting an investigation into whether Items 3 and 14 of the Methods for Establishing the Needs of Funds from the State Budget of the Republic of Lithuania and Assigning Them to Institutions of Science and Studies as approved by the Resolution of the Government of the Republic of Lithuania (No. 1272) “On Approving the Methods for Establishing the Needs of Funds from the State Budget of the Republic of Lithuania and Assigning Them to Institutions of Science and Studies” of 11 October 2004 (wording of 5 October 2006) with Paragraph 3 of Article 40 and Paragraph 3 of Article 41 of the Constitution of the Republic of Lithuania.

The Constitutional Court

has established:

I

On 22 October 2007, the President of the Republic, the petitioner, issued the Decree (No. 1K-1138) “On Applying to the Constitutional Court of the Republic of Lithuania”. Article 3 of the decree provides that this decree shall come into force as from the day of its signing. The said decree was received at the Constitutional Court on 22 October 2007.

In the Decree of the President of the Republic (No. 1K-1138) “On Applying to the Constitutional Court of the Republic of Lithuania” of 22 October 2007, the petition is set forth, requesting that the Constitutional Court investigate whether Items 3 and 14 of the Methods for Establishing the Needs of Funds from the State Budget of the Republic of Lithuania and Assigning Them to Institutions of Science and Studies as approved by the Government Resolution (No. 1272) “On Approving the Methods for Establishing the Needs of Funds from the State Budget of the Republic of Lithuania and Assigning Them to Institutions of Science and Studies” of 11 October 2004 (wording of 5 October 2006) with Paragraph 3 of Article 40 and Paragraph 3 of Article 41 of the Constitution.

A covering letter, in which the reasoning substantiating this petition of the President of the Republic, was attached to the Decree of the President of the Republic.

The Constitutional Court

holds that:

The petition set forth in the Decree of the President of the Republic (No. 1K-1138) “On Applying to the Constitutional Court of the Republic of Lithuania” of 22 October 2007 meets the requirements established in the Constitution and the Law on the Constitutional Court.

The Law on the Constitutional Court does not contain any grounds to refuse to consider the petition or to return the petition back to the petitioner.

Conforming to Item 2 of Paragraph 2 of Article 105 of the Constitution of the Republic of Lithuania, 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 set forth in the Decree of the President of the Republic (No. 1K-1138) “On Applying to the Constitutional Court of the Republic of Lithuania” of 22 October 2007, requesting an investigation into whether Items 3 and 14 of the Methods for Establishing the Needs of Funds from the State Budget of the Republic of Lithuania and Assigning Them to Institutions of Science and Studies as approved by the Resolution of the Government of the Republic of Lithuania (No. 1272) “On Approving the Methods for Establishing the Needs of Funds from the State Budget of the Republic of Lithuania and Assigning Them to Institutions of Science and Studies” of 11 October 2004 (wording of 5 October 2006) with Paragraph 3 of Article 40 and Paragraph 3 of Article 41 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