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On refusing to consider a petition

 

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

DECISION

ON THE PETITION OF THE SUPREME ADMINISTRATIVE COURT OF LITHUANIA, THE PETITIONER, REQUESTING AN INVESTIGATION INTO THE COMPLIANCE OF PARAGRAPH 1 OF ARTICLE 34 (WORDING OF 21 DECEMBER 2006) OF THE REPUBLIC OF LITHUANIA’S LAW ON ELECTIONS TO MUNICIPAL COUNCILS WITH THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA

13 February 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-07) of the Supreme Administrative Court of Lithuania, the petitioner, requesting an investigation into whether the provision “candidates to members of the municipal council may be nominated by a party” of Paragraph 1 of Article 34 (wording of 21 December 2006) of the Republic of Lithuania’s Law on Elections to Municipal Councils to the extent that, according to the petitioner, it grants exceptional rights to political parties to nominate candidates to members of municipal councils, is not in conflict with Paragraph 2 of Article 35, Paragraph 2 of Article 119 and Paragraph 1 of Article 135 of the Constitution of the Republic of Lithuania.

The Constitutional Court

has established:

I

The Supreme Administrative Court of Lithuania, the petitioner, was considered a civil 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 the provision “candidates to members of the municipal council may be nominated by a party” of Paragraph 1 of Article 34 (wording of 21 December 2006) of the Republic of Lithuania’s Law on Elections to Municipal Councils to the extent that, according to the petitioner, it grants exceptional rights to political parties to nominate candidates to members of municipal councils, is not in conflict with Paragraph 2 of Article 35, Paragraph 2 of Article 119 and Paragraph 1 of Article 135 of the Constitution of the Republic of Lithuania.

The petition of the petitioner was received at the Constitutional Court on 5 February 2007.

The Constitutional Court

holds that:

1. The petitioner requests an investigation into whether the provision “candidates to members of the municipal council may be nominated by a party” of Paragraph 1 of Article 34 (wording of 21 December 2006) of the Republic of Lithuania’s Law on Elections to Municipal Councils to the extent that, according to the petitioner, it grants exceptional rights to political parties to nominate candidates to members of municipal councils, is not in conflict with Paragraph 2 of Article 35, Paragraph 2 of Article 119 and Paragraph 1 of Article 135 of the Constitution of the Republic of Lithuania.

2. On 8 February 2007, in its public hearing the Constitutional Court considered case No. 06/07 subsequent to the petition of the Supreme Administrative Court of Lithuania, the petitioner, which requested an investigation into whether the provision “candidates to members of the municipal council may be nominated by a party” of Paragraph 1 of Article 34 (wording of 21 December 2006) of the Law on Elections to Municipal Councils to the extent that, according to the petitioner, it grants exceptional rights to political parties to nominate candidates to members of municipal councils, is not in conflict with Paragraph 2 of Article 35, Paragraph 2 of Article 119 and Paragraph 1 of Article 135 of the Constitution, and, on 9 February 2007, adopted the Ruling “On the Compliance of Paragraph 1 of Article 34 (wording of 21 December 2006) of the Republic of Lithuania’s Law on Elections to Municipal Councils with the Constitution of the Republic of Lithuania” (Official Gazette Valstybės žinios, 2007, No. 19-722), by which Paragraph 1 of Article 34 (wording of 21 December 2006, Official Gazette Valstybės žinios, 2006, No. 143-5445) to the extent that after the legislature has chosen only the proportionate system of elections to municipal councils, it has not stipulated that permanent residents of administrative units of the territory of the Republic of Lithuania may be elected to the councils of respective municipalities even by being included in the lists of candidates to the councils of municipal councils that are drawn by entities other than political parties, was ruled to be in conflict with Paragraph 2 of Article 119 of the Constitution.

3. The Constitutional Court’s Ruling “On the Compliance of Paragraph 1 of Article 34 (wording of 21 December 2006) of the Republic of Lithuania’s Law on Elections to Municipal Councils with the Constitution of the Republic of Lithuania” of 9 February 2007 became effective on 13 February 2007.

4. The issue of the compliance of Paragraph 1 of Article 34 (wording of 21 December 2006) of the Law on Elections to Municipal Councils, the compliance with the Constitution of which is doubted by the Supreme Administrative Court of Lithuania, the petitioner, with the Constitution is solved in the above-mentioned Constitutional Court’s ruling of 9 February 2007.

5. According to Item 3 of Paragraph 1 of Article 69 of the Law on the Constitutional Court of the Republic of Lithuania, the Constitutional Court by its ruling refuses to examine the petition requesting an investigation into 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 Article 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 examine the petition of the Supreme Administrative Court of Lithuania, the petitioner, requesting an investigation into whether the provision “candidates to members of the municipal council may be nominated by a party” of Paragraph 1 of Article 34 (wording of 21 December 2006) of the Republic of Lithuania’s Law on Elections to Municipal Councils to the extent that, according to the petitioner, it grants exceptional rights to political parties to nominate candidates to members of municipal councils, is not in conflict with Paragraph 2 of Article 35, Paragraph 2 of Article 119 and Paragraph 1 of Article 135 of the Constitution of the Republic of Lithuania.

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

The decision is pronounced 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