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On refusing to consider a petition

 

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

DECISION

ON THE PETITION OF THE KAUNAS REGIONAL ADMINISTRATIVE COURT, THE PETITIONER, REQUESTING AN INVESTIGATION INTO THE COMPLIANCE OF PARAGRAPH 3 OF ARTICLE 4 (WORDING OF 4 NOVEMBER 2004) OF THE REPUBLIC OF LITHUANIA’S LAW ON STATE SOCIAL INSURANCE WITH THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA

22 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 Kaunas Regional Administrative Court, the petitioner, requesting an investigation into whether Paragraph 3 of Article 4 of the Republic of Lithuania’s Law on State Social Insurance is not in conflict with Paragraph 2 of Article 29 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.

The Constitutional Court

has established:

I

The Kaunas 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 Paragraph 3 of Article 4 of the Republic of Lithuania’s Law on State Social Insurance is not in conflict with Paragraph 2 of Article 29 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.

The Constitutional Court

holds that:

1. The Kaunas Regional Administrative Court, the petitioner, requests an investigation into whether Paragraph 3 of Article 4 of the Law on State Social Insurance is not in conflict with Paragraph 2 of Article 29 and Article 52 of the Constitution and with the constitutional principles of justice and a state under the rule of law.

2. It is clear from the arguments of the Kaunas Regional Administrative Court, the petitioner, that it has doubts whether the provisions “self-employed persons, with the exception of the persons engaged in individual activities under business certificates, shall be covered on a compulsory basis only by pension social insurance to receive the main and supplementary parts of a pension” and “these persons shall be insured on a compulsory basis to receive the supplementary part of the pension where the annual sum of their income as calculated by deducting the sum of income tax for the tax year from the taxable profit calculated according to the Law on Income Tax or the annual sum of income as calculated by deducting the sum of income tax for the tax year from the taxable income calculated according to the Law on Personal Income Tax is equal to or exceeds the amount of 12 minimum monthly salaries” of Paragraph 3 of Article 4 (wording of 4 November 2004) of the Law on State Social Insurance are not in conflict with the Constitution.

3. On 18 September 2007, in a public court hearing, the Constitutional Court considered case No. 35/04-37/04-72/06 subsequent to the petitions of the Vilnius Regional Administrative Court, the petitioner, requesting an investigation into whether articles (paragraphs thereof) of the Law on State Social Insurance, inter alia, Paragraph 3 of Article 4 (wording of 4 November 2004) thereof to the extent that, according to the petitioner, it was prescribed that those self-employed persons who receive old age social insurance pensions must pay social insurance contributions in order to receive the main part and the supplementary part of the pension and that this obligation is related with 12 minimum monthly salaries calculated under procedure established by law, were not in conflict with Paragraph 2 of Article 29, Paragraph 1 of Article 48, Article 52 of the Constitution of the Republic of Lithuania and the constitutional principles of justice and a state under the rule of law. On 26 September 2007, the Constitutional Court adopted the Ruling “On the Compliance of Paragraph 3 of Article 4 (wording of 4 November 2004), Paragraph 2 of Article 8 (wording of 4 November 2004) and Paragraphs 3 and 4 (wordings of 4 July 2002 and 7 October 2003) of Article 34 of the Republic of Lithuania’s Law on State Social Insurance with the Constitution of the Republic of Lithuania” whereby it was recognised that, inter alia, the provisions “self-employed persons, with the exception of the persons engaged in individual activities under business certificates, shall be covered on a compulsory basis only by pension social insurance to receive the main and supplementary parts of a pension” and “these persons shall be insured on a compulsory basis to receive the supplementary part of the pension where the annual sum of their income as calculated by deducting the sum of income tax for the tax year from the taxable profit calculated according to the Law on Income Tax or the annual sum of income as calculated by deducting the sum of income tax for the tax year from the taxable income calculated according to the Law on Personal Income Tax is equal to or exceeds the amount of 12 minimum monthly salaries” of Paragraph 3 of Article 4 (wording of 4 November 2004, Official Gazette Valstybės žinios, 2004, No. 171-6295) of the Republic of Lithuania’s Law on State Social Insurance were not in conflict with the Constitution.

The said ruling of the Constitutional Court was officially published in the official gazette “Valstybės žinios” on 1 October 2007 (Official Gazette Valstybės žinios, 2007, No. 102-4171) and as from the same day it has been in force.

4. The issue of the compliance of the provisions of Paragraph 3 of Article 4 (wording of 4 November 2004) of the Law on State Social Insurance, the compliance of which with the Constitution is doubted by the Kaunas Regional Administrative Court, the petitioner, was decided in the aforesaid ruling of the Constitutional Court.

5. Under Item 3 of Paragraph 1 of Article 69 of the Law on the Constitutional Court, by a decision, the Constitutional Court shall refuse to consider petitions to investigate the compliance of a legal act with the Constitution if the compliance of the legal act with the Constitution specified in the petition has already been investigated by the Constitutional Court and the ruling on this issue adopted by the Constitutional Court is still in force.

Conforming to Articles 1, 28, Item 3 of Paragraph 1 and Paragraph 2 of Article 69 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 refuse to consider the petition of the Kaunas Regional Administrative Court, the petitioner, requesting an investigation into whether Paragraph 3 of Article 4 (wording of 4 November 2004) of the Republic of Lithuania’s Law on State Social Insurance is not in conflict with Paragraph 2 of Article 29 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.

This decision of the Constitutional Court is final and not subject to appeal.

The decision is promulgated in the name 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