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On suspending the validity of a legal act

 

PRESIDENT OF THE CONSTITUTIONAL COURT
OF THE REPUBLIC OF LITHUANIA

ANNOUNCEMENT

ON SUSPENDING THE VALIDITY OF THE PROVISIONS OF ARTICLES 10 AND 11 (WORDING OF 1 FEBRUARY 2008)
OF THE REPUBLIC OF LITHUANIA’S LAW ON THE NUCLEAR POWER PLANT

8 October 2008
Vilnius

By the its Decision “On the Acceptance of the Petition of the Seimas of the Republic of Lithuania, the Petitioner, Set Forth in the Seimas Resolution (No. X-1729) ‘On Applying to the Constitutional Court of the Republic of Lithuania with the Petition Requesting an Investigation into Whether the Republic of Lithuania’s Law on Amending and Supplementing Articles 8, 10, 11, and 20 of the Law on the Nuclear Power Plant Is Not in Conflict with the Constitution of the Republic of Lithuania’ Requesting an Investigation into Whether the Provisions of Articles 10 and 11 (Wording of 1 February 2008) of the Republic of Lithuania’s Law on the Nuclear Power Plant Are Not in Conflict with the Constitution” of 22 September 2008, the Constitutional Court accepted for consideration the petition set forth in the Resolution of the Seimas of the Republic of Lithuania (No. X-1729) “On Applying to the Constitutional Court of the Republic of Lithuania with the Petition Requesting an Investigation into Whether the Republic of Lithuania’s Law on Amending and Supplementing Articles 8, 10, 11, and 20 of the Law on the Nuclear Power Plant Is Not in Conflict with the Constitution of the Republic of Lithuania” of 22 September 2008 requesting an investigation into:

whether Paragraph 1 (wording of 1 February 2008) of Article 10 of the Republic of Lithuania’s Law on the Nuclear Power Plant, which provides for only one aim of the activity of the national investor—“the national investor shall be an independent private legal entity registered in the Republic of Lithuania, established for an indefinite period of time and operating under the laws of the Republic of Lithuania, the aim of whose activity shall be gaining benefits for itself and all its shareholders in a socially responsible manner”—and which does not entrench the protection of the rights of consumers, is not in conflict with Paragraph 5 of Article 46 of the Constitution of the Republic of Lithuania;

whether the provision “the national investor shall be the national power company managing through its subsidiaries the main part of the Lithuanian power system—the electricity transmission and distribution networks. Seeking to attain the goal of its activity, the national investor shall participate, on the basis of private initiative, in implementing in Lithuania the project of construction of a new nuclear power plant, as well as constructing, according to the procedure established by the Law on Electricity and other legal acts, the interconnections of the power system of the Republic of Lithuania with the power systems of the Republic of Poland and the Kingdom of Sweden” of Paragraph 1 (wording of 1 February 2008) of Article 10 of the Republic of Lithuania’s Law on the Nuclear Power Plant, according to which it is provided to create the national investor which, as an owner, will concentrate in its hands the main portion of production of electricity, its transmission, distribution, export and import, is not in conflict with Paragraphs 3 and 4 of Article 46 of the Constitution of the Republic of Lithuania;

whether Item 1 of Paragraph 1 of Article 11 (wording of 1 February 2008) of the Republic of Lithuania’s Law on the Nuclear Power Plant which provides that “the Government of the Republic of Lithuania implementing the provisions of Article 10 of this Law shall have the right to negotiate with the shareholder of the controlling stake in the public limited liability company VST on the establishment of the national investor and on the investment of all the shares owned by that shareholder in the public limited liability company VST, or part thereof amounting to more than 2/3 of the shares of the public limited liability company VST carrying more than 2/3 of votes at the general shareholders’ meeting, as well as on the acquisition of newly issued shares of the national investor”, is not in conflict with Paragraph 1 of Article 29 and Paragraph 4 of Article 46 of the Constitution of the Republic of Lithuania.

Under Paragraph 4 of Article 106 of the Constitution of the Republic of Lithuania, the Seimas resolution requesting for an investigation into the conformity of an act with the Constitution shall suspend the validity of this act. Under Paragraph 1 of Article 107 of the Constitution, a law (or part thereof) of the Republic of Lithuania may not be applied from the day of the official publication of the decision of the Constitutional Court that the act in question (or part thereof) is in conflict with the Constitution. While construing these provisions in a systemic manner, it should be held that a decision of the Constitutional Court to accept the petition set forth in a Seimas resolution requesting an investigation into whether a law (or part thereof) is in conformity with the Constitution, suspends the validity of this law (or part thereof).

Conforming to Paragraph 4 of Article 106 of the Constitution of the Republic of Lithuania, and Paragraph 2 of Article 26 of the Law on the Constitutional Court of the Republic of Lithuania,

I hereby announce that from the day of the publication of this announcement in the official gazette “Valstybės žinios” until the publication of a ruling of the Constitutional Court regarding this case the validity of Paragraph 1 (wording of 1 February 2008; Official Gazette Valstybės žinios, 2008, No. 19-674) of Article 10 and Item 1 of Paragraph 1 of Article 11 (wording of 1 February 2008; Official Gazette Valstybės žinios, 2008, No. 19-674) of the Republic of Lithuania’s Law on the Nuclear Power Plant shall be suspended.

 

President Kęstutis Lapinskas