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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

21 March 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, in its procedural sitting, has considered the petition (No. 1B-08) of the Vilnius Regional Administrative Court requesting an investigation into whether:

Paragraph 6 (wording of 8 June 2006) of Article 22 of the Republic of Lithuania’s Law on Territorial Planning (wording of 15 January 2004) to the extent that, according to the petitioner, it does not set forth that the detailed plans that change the basic intended purpose of the land from the forestry to other purpose, are drawn, when such change is provided for in general and special plans of municipality or its part, is not in conflict with Paragraph 3 of Article 46 and Paragraph 1 of Article 54 of the Constitution of the Republic of Lithuania and the constitutional principle of a state under the rule of law;

Item 7.2 of the Description of the Order of Transferring the Rights and Duties of the Organiser of the Detailed Territorial Planning and the Conclusion of the Agreement, as approved by the Resolution of the Government of the Republic of Lithuania (No. 635) “On the Approval of Description of the Order of Transferring the Rights and Duties of the Organiser of the Detailed Territorial Planning and the Conclusion of the Agreement” of 26 May 2004, to the extent that, according to the petitioner, it does not set forth that the rights and duties of the organiser of the detailed territorial planning may be transferred and the agreement may be concluded and that the basic intended purpose of the land from the forestry may be changed to other purpose like the land for construction of buildings and other activity, if such change is provided for in general and special plans of municipality or its part (cities, towns), is not in conflict with Paragraph 3 of Article 46 and Paragraph 1 of Article 54 of the Constitution of the Republic of Lithuania and the constitutional principle of state under the rule of law, Paragraph 4 (wording of 8 June 2006) of Article 24 of the Republic of Lithuania’s Law on Territorial Planning (wording of 15 January 2004), and Paragraph 1 of Article 11 of the Republic of Lithuania Forestry Law (wording of 10 April 2001);

Item 7.4 of the Order of Conversion of Forestry Land to Other Landed Property, as approved by Item 1 of the Resolution of the Government of the Republic of Lithuania (No. 641) “On the Approval the Order of Conversion of the Forestry Land to Other Landed Property” of 9 May 2002, is not in conflict with Article 54 of the Constitution of the Republic of Lithuania, Paragraph 1 of Article 11 of the Republic of Lithuania Forestry Law (wording of 10 April 2001), Paragraph 4 (wording of 8 June 2006) of Article 24 and Paragraph 3 (wording of 8 June 2006) of Article 26 of the Republic of Lithuania’s Law on Territorial Planning (wording of 15 January 2004).

The Constitutional Court

holds that:

The petition (petition No. 1B-08) of the Vilnius Regional Administrative Court, the petitioner, virtually meets the requirements established in the Law on the Constitutional Court.

Conforming to Paragraph 1 of Article 102 of the Constitution of the Republic of Lithuania, Paragraph 1 of Article 28 and Article 67 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 (petition No. 1B-08) of the Vilnius Regional Administrative Court, the petitioner, requesting an investigation into whether:

Paragraph 6 (wording of 8 June 2006) of Article 22 of the Republic of Lithuania’s Law on Territorial Planning (wording of 15 January 2004, Official Gazette Valstybės žinios, 2006, No. 66-2429) to the extent that, according to the petitioner, it does not set forth that the detailed plans that change the basic intended purpose of the land from the forestry to other purpose, are drawn, when such change is provided for in general and special plans of municipality or its part, is not in conflict with Paragraph 3 of Article 46 and Paragraph 1 of Article 54 of the Constitution of the Republic of Lithuania and the constitutional principle of a state under the rule of law;

Item 7.2 (the wording of government resolution No. 36 of 15 January 2007, Official Gazette Valstybės žinios, 2007, No. 7-281) of the Description of the Order of Transferring the Rights and Duties of the Organiser of the Detailed Territorial Planning and the Conclusion of the Agreement, as approved by the Resolution of the Government of the Republic of Lithuania (No. 635) “On the Approval of Description of the Order of Transferring the Rights and Duties of the Organiser of the Detailed Territorial Planning and the Conclusion of the Agreement” of 26 May 2004, to the extent that, according to the petitioner, it does not set forth that the rights and duties of the organiser of the detailed territorial planning may be transferred and the agreement may be concluded and that the basic intended purpose of the land may be changed from the forestry to other purpose, like the land for construction of buildings and other activity, if such change is provided for in general and special plans of municipality or its part (cities, towns), is not in conflict with Paragraph 3 of Article 46 and Paragraph 1 of Article 54 of the Constitution of the Republic of Lithuania and the constitutional principle of state under the rule of law, Paragraph 4 (wording of 8 June 2006) of Article 24 of the Republic of Lithuania’s Law on Territorial Planning (wording of 15 January 2004), and Paragraph 1 of Article 11 of the Republic of Lithuania Forestry Law (wording of 10 April 2001);

whether Item 7.4 (Official Gazette Valstybės žinios, 2002, No. 48-1840) of the Order of Conversion of the Forestry Land to Other Landed Property, as approved by Item 1 of the Resolution of the Government of the Republic of Lithuania (No. 641) “On the Approval the Order of Conversion of the Forestry Land to Other Landed Property” of 9 May 2002, is not in conflict with Article 54 of the Constitution of the Republic of Lithuania, Paragraph 1 of Article 11 of the Republic of Lithuania Forestry Law (wording of 10 April 2001), Paragraph 4 (wording of 8 June 2006) of Article 24 and Paragraph 3 (wording of 8 June 2006) of Article 26 of the Republic of Lithuania’s Law on Territorial Planning (wording of 15 January 2004).

Justices of the Constitutional Court:            Armanas Abramavičius

                                                                                 Toma Birmontienė

                                                                                 Egidijus Kūris

                                                                                 Kęstutis Lapinskas

                                                                                 Zenonas Namavičius

                                                                                 Ramutė Ruškytė

                                                                                 Vytautas Sinkevičius

                                                                                 Stasys Stačiokas

                                                                                 Romualdas Kęstutis Urbaitis