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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

27 November 2008
Vilnius

 

The Constitutional Court of the Republic of Lithuania, composed of the Justices of the Constitutional Court: Armanas Abramavičius, Toma Birmontienė, Pranas Kuconis, Kęstutis Lapinskas, Zenonas Namavičius, Ramutė Ruškytė, Egidijus Šileikis, Algirdas Taminskas, and Romualdas Kęstutis Urbaitis

The court reporter—Daiva Pitrėnaitė

e Constitutional Court of the Republic of Lithuania, at its procedural sitting, considered the petition (No. 1B-35/2008) of the Second Vilnius City Local Court, the petitioner, requesting an investigation into “whether:

the provision of Par. 1 of Art. 6.290 of the CC of the RL to the extent that it does not establish any clear limits of the inclusion into the amount of the repairable damage of the payments of social insurance, which are awarded in cases of impairment of health or deprivation of life, is in conformity with Par. 1 of Art. 29, Par. 2 of Art. 30, and Art. 52 of the Constitution of the Republic of Lithuania, as well as with the principle of a state under the rule of law entrenched in the Preamble of the Constitution of the RL;

the provision of Par. 3 of Art. 6.290 of the CC of the RL to the extent that it does not establish any clear extent of the application of the right of recourse of the institutions of social insurance, which have paid insurance payments, against the person by whom the damage was caused, is in conformity with Par. 1 of Art. 29, Par. 2 of Art. 30, and Art. 52 of the Constitution of the Republic of Lithuania, as well as with the principle of a state under the rule of law entrenched in the Preamble of the Constitution of the RL.”

The Constitutional Court

has established:

The Second Vilnius City Local Court, the petitioner, considered a civil case. By its ruling, the said court suspended the investigation of the case and applied to the Constitutional Court requesting an investigation into “whether:

the provision of Par. 1 of Art. 6.290 of the CC of the RL to the extent that it does not establish any clear limits of the inclusion into the amount of the repairable damage of the payments of social insurance, which are awarded in cases of impairment of health or deprivation of life, is in conformity with Par. 1 of Art. 29, Par. 2 of Art. 30, and Art. 52 of the Constitution of the Republic of Lithuania, as well as with the principle of a state under the rule of law entrenched in the Preamble of the Constitution of the RL;

the provision of Par. 3 of Art. 6.290 of the CC of the RL to the extent that it does not establish any clear extent of the application of the right of recourse of the institutions of social insurance, which have paid insurance payments, against the person by whom the damage was caused, is in conformity with Par. 1 of Art. 29, Par. 2 of Art. 30, and Art. 52 of the Constitution of the Republic of Lithuania, as well as with the principle of a state under the rule of law entrenched in the Preamble of the Constitution of the RL.”

This petition of the Second Vilnius City Local Court, the petitioner, was received at the Constitutional Court on 27 October 2008.

The Constitutional Court

holds that:

The Second Vilnius City Local Court, the petitioner, requests an investigation into whether the provision of Paragraph 1 of Article 6.290 of the Civil Code of the Republic of Lithuania to the extent that it does not establish any clear limits of the inclusion into the amount of the repairable damage of the payments of social insurance, which are awarded in cases of impairment of health or deprivation of life, and the provision of Paragraph 3 of Article 6.290 of the Civil Code of the Republic of Lithuania to the extent that it does not establish any clear extent of the application of the right of recourse of the institutions of social insurance, which have paid insurance payments, against the person by whom the damage was caused, are not in conflict with Paragraph 1 of Article 29, Paragraph 2 of Article 30, and Article 52 of the Constitution of the Republic of Lithuania, as well as with the constitutional principle of a state under the rule of law.

The petition of the Second Vilnius City Local Court, the petitioner, virtually meets the requirements established in the Law on the Constitutional Court of the Republic of Lithuania.

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 of the Second Vilnius City Local Court, the petitioner, requesting to investigate whether the provision of Paragraph 1 of Article 6.290 of the Civil Code of the Republic of Lithuania to the extent that it does not establish any clear limits of the inclusion into the amount of the repairable damage of the payments of social insurance, which are awarded in cases of impairment of health or deprivation of life, and the provision of Paragraph 3 of Article 6.290 of the Civil Code of the Republic of Lithuania to the extent that it does not establish any clear extent of the application of the right of recourse of the institutions of social insurance, which have paid insurance payments, against the person by whom the damage was caused, are not in conflict with Paragraph 1 of Article 29, Paragraph 2 of Article 30, and Article 52 of the Constitution of the Republic of Lithuania, as well as with the constitutional principle of a state under the rule of law, for consideration.

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
                                                                     Pranas Kuconis
                                                                     Kęstutis Lapinskas
                                                                     Zenonas Namavičius
                                                                     Ramutė Ruškytė
                                                                     Egidijus Šileikis
                                                                     Algirdas Taminskas
                                                                     Romualdas Kęstutis Urbaitis