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On the right to the state annuity of the widow(er) of the President of the Republic

Case No. 6/2011

 

 

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

IN THE NAME OF THE REPUBLIC OF LITHUANIA

 

RULING

ON THE COMPLIANCE OF certain provisions of the law on the state annuity of the president of the Republic of lithuania (WORDING of 12 DECEMBER 2006) WITH THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA

 

3 July 2014, No. KT34-N9/2014

Vilnius

 

The Constitutional Court of the Republic of Lithuania, composed of the Justices of the Constitutional Court: Elvyra Baltutytė, Vytautas Greičius, Danutė Jočienė, Pranas Kuconis, Gediminas Mesonis, Vytas Milius, Egidijus Šileikis, Algirdas Taminskas, and Dainius Žalimas

The court reporter—Daiva Pitrėnaitė

The Constitutional Court of the Republic of Lithuania, pursuant to Articles 102 and 105 of the Constitution of the Republic of Lithuania and Articles 1 and 531 of the Law on the Constitutional Court of the Republic of Lithuania, at the Court’s hearing, on 3 June 2014, considered, under written procedure, constitutional justice case No. 6/2011 subsequent to the petition of a group of members of the Seimas of the Republic of Lithuania, the petitioner, requesting an investigation into whether:

the right consolidated in the Law on the State Annuity of the President of the Republic of Lithuania (wording of 12 December 2006 with the subsequent amendment) for the spouse (a citizen of the Republic of Lithuania) of a deceased President of the Republic to receive the state annuity of the widow(er) of the President of the Republic, the conditions for the implementation and the size of which are inseparably linked to the state annuity of the President of the Republic, is not in conflict with Article 90 of the Constitution of the Republic of Lithuania and the constitutional principles of social harmony, justice, and a state under the rule of law;

Paragraph 1 of Article 4 and Article 5 of the Law on the State Annuity of the President of the Republic of Lithuania, insofar as it is established that the right to the state annuity of the widow(er) of the President of the Republic also arises for the widow(er) of the President of the Republic who was not the spouse of the President of the Republic while the President of the Republic was in office, are not in conflict with Article 90 of the Constitution of the Republic of Lithuania and the constitutional principles of social harmony, justice, and a state under the rule of law;

Article 5 of the Law on the State Annuity of the President of the Republic of Lithuania, insofar as it provides that the state annuity of the widow(er) of the President of the Republic is granted and/or paid to the widow(er) of the President of the Republic, irrespective of his/her age and the pensions or permanent pension-type payments he/she receives, with the exception of the cases established in Paragraphs 3 and 4 of this article, as well as whether Paragraph 1 of Article 4 and Article 5 of the same law, insofar as it is not established that, in granting the state annuity of the widow(er) of the President of the Republic, account must be taken of the property owned by the person, the length of the marriage, the merits of the person to the state, and of other conditions, are not in conflict with Articles 52 and 90 of the Constitution of the Republic of Lithuania and the constitutional principles of social harmony, justice, and a state under the rule of law.

The Constitutional Court

has established:

I

The petition of the group of members of the Seimas, the petitioner, is substantiated by the following arguments.

1. As held by the Constitutional Court, the provisions of Article 90 of the Constitution mean that the legislature is not permitted to establish any such legal regulation under which a person who has not been elected as the President of the Republic (hereinafter also referred to as the President) could receive the pension of the President, as well as any such legal regulation that would deny the individual legal status of the President and would create preconditions for equating some other person with the President—Head of State.

The annuity of the President is inseparable from the exceptional legal status of Head of State, which is consolidated in the Constitution; under the Constitution, the annuity of the President may be granted only to a former President, and, upon the death of the President, it may not be granted to his/her family members. The right of the widow(er) of the President to receive the state annuity of the widow(er) of the President, as established in the Law on the State Annuity of the President, does not derive from the legal status of the President, which is consolidated in the Constitution and the Law on the President of the Republic of Lithuania; the granting and payment of such an annuity is a privilege.

2. All the more so, the state annuity of the widow(er) of the President may not be granted to such a spouse of the President who was not the spouse of the President while the President was in office and at the time of his/her death. When establishing the persons who are granted and paid the state annuity of the widow(er) of the President, the legislature is bound by the constitutional imperative of social harmony, as well as by the constitutional principles of justice, reasonableness, and proportionality.

The Law on the President lays down certain duties to be fulfilled by the person who is the spouse of the President while the President is in office: the spouse of the President is the person accompanying the President (Paragraph 1 of Article 2); where the spouse of the President is employed, he/she is granted leave of absence from work to perform the functions established in the state and/or diplomatic protocol and is paid work remuneration for this period of time by the Office of the President of the Republic in the amount of not less than his/her average work remuneration (Paragraph 1 of Article 19); the spouse of the President is reimbursed for expenses related to representation within the country and during foreign visits subject to being accounted for in accordance with the international diplomatic practice; in addition, the spouse is paid a monthly amount of 15 percent of the monthly work remuneration of the President for representative expenses without accounting for these expenses (Paragraph 2 of Article 19).

When performing the aforementioned duties, the spouse of the President is representing the highest-ranking official of state authorities—the President; thus, he/she is representing the state itself, i.e., the spouse of the President performs certain representational functions, which require effort, will, commitment, time, and material resources, and the performance of which implies certain danger (e.g., while travelling). Therefore, the state annuity of the widow(er) of the President must be granted only to such a spouse of the President who was the spouse of the President while the President was in office and at the time of his/her death.

3. In order to implement the constitutional principle of social solidarity and help persons to protect themselves from possible social risks and, at the same time, in order to create preconditions for all members of society to take care of their own welfare by themselves (rather than to rely solely on state social security), the legislature must establish by law such conditions for social assistance that use of this assistance could be made only by those persons who really need it.

Pensions (e.g., state pensions) not directly indicated in Article 52 of the Constitution are granted for certain service, merits to the State of Lithuania, or as compensation to victims; the granting and payment of these pensions should not become a privilege. When establishing the grounds and conditions for granting and paying the state annuity of the widow(er) of the President, the legislature is bound by the constitutional imperative of social harmony, as well as by the constitutional principles of justice, reasonableness, and proportionality. If, when establishing an annuity only by virtue of the fact that a person is a member of the family of a deceased President, the legislature had no regard to the specificity of the institute of the President and that of the state annuity of the President, as consolidated in the Constitution and the Law on the President, as well as to the property status of the person claiming the state annuity, then the granting and payment of such an annuity would become a privilege. Such a legal regulation under which the social assistance (amount thereof) that is granted from the state budget to a person who has not held any state office is linked to the state annuity of the President, irrespective of the property status of the person claiming the state annuity, i.e., his/her need for social assistance, violates the constitutional imperatives of social harmony and justice.

II

In the course of the preparation of the case for the Constitutional Court’s hearing, written explanations were received from Algirdas Sysas, a member of the Seimas, acting as the representative of the Seimas, the party concerned, in which it is maintained that the impugned provisions of the Law on the State Annuity of the President are not in conflict with the Constitution. The position of the representative of the Seimas, the party concerned, is substantiated by the following arguments.

1. Under the Constitution, the legislature is under the duty to establish a legal regulation governing the funding of the President and of the residence of the President and the social guarantees provided for the President. The dignity of the President, as Head of State, as well as his/her individual and exceptional legal status, would be denied if such a legal regulation were established that would express an improper attitude towards members of the family of the President.

Under the Constitution, the legislature has the discretion to provide for the state annuities of the widow(er) and an orphan of the President, as well as for other social guarantees. Taking account of the importance of the institute of the President, the legislature has linked the size of the state annuity of the widow(er) of the President to the size of the annuity of the President; however, the state annuity of the widow(er) of the President is an independent payment, granted and paid individually.

2. The state annuities of the widow(er) and an orphan of the President are designated to compensate for part of the income lost by the spouse and children of the President as a result of the death of the President; however, these annuities are not founded on the principles of social insurance or social assistance.

The spouse of the President performs a representative role, which requires certain effort, commitment, time, and material resources not only during the time that the President is in office, but also after the expiry of the powers of the President. Thus, the status of the spouse of the President is individual, and it implies certain duties. Such a status of the spouse of the President is compatible with the state annuity provided for by the legislature for the spouse of the President.

If the right to the state annuity of the widow(er) of the President were linked to the period that the President is in office, it could be acquired by more than one of the former spouses of the President, and it would be unclear as to how the size of the annuity should be determined. According to such a principle of granting annuities, the right to the annuity of an orphan should be linked to the moment of the birth of a child and should be granted only to the children born during the period when the President was in office.

The state annuities of the widow(er) and an orphan of the President are the payments that, due to their nature, aims, and the payment source (the state budget), are analogous to the state pensions of widow(er)s and orphans, payable under the Republic of Lithuania’s Law on State Pensions, as well as to the state annuities of the widow(er) and an orphan of the Signatory, payable under the Republic of Lithuania’s Law on the Status of the Signatories of the Act of Independence of Lithuania and of the Persons Who Signed the 16 February 1949 Declaration by the Council of the Lithuanian Freedom Fight Movement. Therefore, if the right to the state annuity of the widow(er) of the President were established only for the deceased President’s widow(er) who was the spouse of the President while the President was in office, the state pensions of the widow(er)s of victims should be granted only in the cases where the spouses of deportees or political prisoners were exiled or imprisoned together with the deportees or political prisoners concerned, and the right to the state annuity of the widow(er) of the Signatory should be provided only for a person who was the spouse of the Signatory during the term of office of the Signatory.

3. The Constitution does not prescribe when and under what conditions the state annuity of the widow(er) of the President may be granted. In establishing the conditions for granting and paying this annuity, the legislature has exercised its discretion.

III

In the course of the preparation of the case for the Constitutional Court’s hearing, written opinions were received from Algimanta Pabedinskienė, the Minister of Social Security and Labour of the Republic of Lithuania, Giedrius Krasauskas, the Chancellor of the Office of the President of the Republic of Lithuania, Algimantas Čepas, the acting Director of the Law Institute of Lithuania, and Boguslavas Gruževskis, the Director of the Institute of Labour and Social Research of the Lithuanian Social Research Centre.

The Constitutional Court

holds that:

I

1. The group of members of the Seimas, the petitioner, requests an investigation, inter alia, into whether the right consolidated in the Law on the State Annuity of the President (wording of 12 December 2006 with the subsequent amendment) for the spouse (a citizen of the Republic of Lithuania) of a deceased President to receive the state annuity of the widow(er) of the President, the conditions for the implementation and the size of which are inseparably linked to the state annuity of the President, is not in conflict with Article 90 of the Constitution and the constitutional principles of social harmony, justice, and a state under the rule of law.

It should be noted that the right to receive the state annuity of the widow(er) of the President is consolidated in Paragraph 1 of Article 4 “Persons Entitled to Receive the State Annuities of the Widow(er) and an Orphan of the President of the Republic” of the aforementioned law, which prescribes: “A deceased President of the Republic’s spouse (hereinafter referred to as the widow(er)) who is a citizen of the Republic of Lithuania shall have the right to receive the state annuity of the widow(er) of the President of the Republic.”

Thus, the petitioner requests an investigation into whether Paragraph 1 of Article 4 of the Law on the State Annuity of the President (wording of 12 December 2006) is not in conflict with the Constitution.

2. The petitioner requests an investigation into whether, inter alia, Paragraph 1 of Article 4 and Article 5 of the Law on the State Annuity of the President, insofar as it is provided that the right to the state annuity of the widow(er) of the President also arises for the widow(er) of the President who was not the spouse of the President while the President was in office, are not in conflict with Article 90 of the Constitution and the constitutional principles of social harmony, justice, and a state under the rule of law.

Article 5 “Conditions for Granting and Paying the State Annuities of the Widow(er) and an Orphan of the President of the Republic” of the Law on the State Annuity of the President consolidates, inter alia, the conditions for granting and paying the state annuity of the widow(er) of the President, and the persons who have the right to receive this annuity are indicated in Paragraph 1 of Article 4 “Persons Entitled to Receive the State Annuities of the Widow(er) and an Orphan of the President of the Republic” of this law.

Thus, this petitioner’s petition should be treated as a petition requesting an investigation into whether Paragraph 1 of Article 4 of the Law on the State Annuity of the President (wording of 12 December 2006) is not in conflict with the Constitution, insofar as it is provided that the right to receive the state annuity of the widow(er) of the President is also granted to the widow(er) of the President who was not the spouse of the President while the President was in office.

3. The petitioner requests an investigation into whether, inter alia, Article 5 of the Law on the State Annuity of the President, insofar as it provides that the state annuity of the widow(er) of the President is granted and/or paid to the widow(er) of the President, irrespective of his/her age and the pensions or permanent pension-type payments he/she receives, with the exception of the cases established in Paragraphs 3 and 4 of the same article, as well as whether Paragraph 1 of Article 4 and Article 5 of the same law, insofar as it is not established that, in granting the state annuity of the widow(er) of the President, account must be taken of the property owned by the person, the length of the marriage, the merits of the person to the state, and of other conditions, are not in conflict with Articles 52 and 90 of the Constitution and the constitutional principles of social harmony, justice, and a state under the rule of law.

Thus, the petitioner also impugns the compliance of Paragraph 1 of Article 4 of the Law on the State Annuity of the President with the Constitution insofar as it does not establish those conditions for granting the state annuity of the widow(er) of the President that are indicated by the petitioner. As mentioned before, the aforesaid paragraph consolidates the right to receive the state annuity of the widow(er) of the President and specifies the person who has this right; Article 5 of the same law lays down the conditions for granting and paying the annuity in question. However, the petitioner does not substantiate its doubts, to the extent indicated by the petitioner, regarding the compliance of Paragraph 1 of Article 4 of the Law on the State Annuity of the President with the Constitution.

The petitioner, while requesting an investigation into whether Article 5 of the Law on the State Annuity of the President is not in conflict with the Constitution, submits the legal arguments substantiating the petitioner’s doubts only regarding the compliance of Article 5 of the Law on the State Annuity of the President with the Constitution insofar as it does not provide that, in granting the state annuity of the widow(er) of the President, account must be taken of the property status of the person claiming this annuity (his/her need for social assistance).

Thus, this petitioner’s petition should be treated as a petition requesting an investigation into whether Article 5 of the Law on the State Annuity of the President (wording of 12 December 2006) is not in conflict with the Constitution, insofar as it does not provide that, in granting the state annuity of the widow(er) of the President, account must be taken of the property status of the person claiming this annuity (his/her need for social assistance).

4. The petitioner requests an investigation into the compliance of the provisions of the Law on the State Annuity of the President, inter alia, with the constitutional principles of social harmony, justice, and a state under the rule of law.

It should be noted that, as it has been held by the Constitutional Court on more than one occasion, the constitutional principle of a state under the rule of law is especially capacious; it comprises a range of various interrelated imperatives; this principle should be construed inseparably from the striving for an open, just, and harmonious civil society, as declared in the Preamble to the Constitution; this principle is also inseparable from the principle of justice, and vice versa.

Therefore, the petitioner’s petition requesting an investigation into the compliance of the provisions of the Law on the State Annuity of the President with the constitutional principles of social harmony, justice, and a state under the rule of law should be treated as a petition requesting an investigation into the compliance of the impugned legal regulation with the constitutional principle of a state under the rule of law.

5. In view of the foregoing, in the constitutional justice case at issue, the Constitutional Court will investigate whether:

Paragraph 1 of Article 4 of the Law on the State Annuity of the President (wording of 12 December 2006), insofar as it provides that the widow(er) of the President, including the widow(er) who was not the spouse of the President while the President was in office, has the right to receive the state annuity of the widow(er) of the President, is not in conflict with Article 90 of the Constitution and the constitutional principle of a state under the rule of law;

Article 5 of the Law on the State Annuity of the President (wording of 12 December 2006), insofar as it does not provide that, in granting the state annuity of the widow(er) of the President, account must be taken of the property status of the person claiming this annuity (his/her need for social assistance), is not in conflict with Articles 52 and 90 of the Constitution and the constitutional principle of a state under the rule of law.

II

1. In the context of the constitutional justice case at issue, it is important to explicate certain aspects of the development of the relevant legal regulation, which are related to the material (social) maintenance of a former President and his/her spouse.

1.1. Following the adoption of the Constitution by referendum and the consolidation of the institution of the President—Head of State—therein, on 26 January 1993, the Seimas adopted the Law on the President, which came into force on 21 February 1993 and laid down, inter alia, social guarantees for the President. This law has subsequently been amended and/or supplemented on more than one occasion.

Item 1 (wording of 26 January 1993) of Paragraph 2 of Article 20 of the Law on the President prescribed that, upon leaving state office, the President was provided for life with a monthly pension equal to 50 percent of the work remuneration of the President.

1.2. On 22 December 1994, the Seimas adopted the Republic of Lithuania’s Law on State Pensions, which came into force on 1 January 1995. This law has subsequently been amended and/or supplemented on more than one occasion.

Paragraph 1 (wording of 22 December 1994) of Article 1 “State Pensions of the Republic of Lithuania” of the Law on State Pensions, inter alia, prescribed: “The following state pensions shall be established in the Republic of Lithuania: 1) the state pension of the President of the Republic; <...>”. Paragraph 3 of the same article, inter alia, prescribed that the state pension of the President is granted according to a special law.

Paragraph 1 (wording of 22 December 1994) of Article 7 “State Pensions of the Republic of Lithuania for the Highest-Ranking State Officials” of the Law on State Pensions prescribed that, upon leaving state office, the President was granted and paid the state pension of the President according to the Law on the President.

1.3. Thus, the pension of the President was one of the types of state pensions established in the Law on State Pensions, and it was granted according to a special law—the Law on the President.

It should be noted that, in its ruling of 19 June 2002, the Constitutional Court recognised that Paragraph 2 of Article 20 of the Law on the President and Paragraph 1 of Article 7 of the Law on State Pensions, insofar as they linked the establishment (granting and payment) of the pension of the President to the leaving of state service by a former President, were in conflict with Paragraph 1 of Article 77 of the Constitution. Following the recognition of their unconstitutionality, Paragraph 2 of Article 20 of the Law on the President was amended and set forth in a new wording by the Law Amending Articles 1, 3, 5, 7, 8, 9, 13, 15, and 20 of the Law on the President of the Republic of Lithuania and Supplementing the Law with Articles 21, 22, 23, and 24, which was adopted by the Seimas on 11 November 2003, while Paragraph 1 (wording of 22 December 1994) of Article 7 of the Law on State Pensions was recognised as no longer valid by the Republic of Lithuania’s Law Amending and Supplementing the Law on the Social Integration of the Disabled, the Law on State Pensions, the Provisional Law on the State Pensions of Scientists, the Law on the Early Payment of State Social Insurance Old-Age Pensions, the Law on the State Pensions of Judges, the Law on the Accumulation of Pensions, and the Law on the Status of the Signatories of the Act of Independence of Lithuania, which was adopted by the Seimas on 19 May 2005.

1.4. It should be noted that neither the Law on the State Pensions (wording of 22 December 1994) nor the Law on the President (wording of 26 January 1993) provided for the right of the widow(er) of the President to the state annuity of the widow(er) upon the death of the President. This right was for the first time consolidated upon adopting the Government Resolution (No. 203) “On the Approval of the Regulations on the Granting and Payment of the State Pension of the President of the Republic” of 19 February 1998, which came into force on 26 February 1998, and through which the Regulations on the Granting and Payment of the State Pension of the President of the Republic were approved.

Item 10 of the Regulations on the Granting and Payment of the State Pension of the President of the Republic, inter alia, prescribed that, upon the death of the President, his/her spouse who was incapable of work was granted the state pension of widow(er)s in the same proportions as provided for in the articles of the Republic of Lithuania’s Law on State Social Insurance Pensions that regulated the state social insurance pensions of widow(er)s; the state pensions of widow(er)s were also granted in the cases where the President died prior to the expiry of the term of office for which he/she had been elected, provided he/she had held the office of the President for the period of not less than 2.5 years. That government resolution was subsequently recognised as no longer valid by the Government Resolution (No. 197) “On the Approval of the Regulations on the Granting and Payment of the State Annuity of the President of the Republic” of 13 February 2007.

1.5. On 12 December 2006, the Seimas adopted the Law Amending and Supplementing the Law on the President of the Republic of Lithuania, the Law on State Pensions, the Law on the State Pensions of the Officials and Servicemen of the Interior, the Special Investigation Service, State Security, National Defence, the Prosecutor’s Office, the Department of Prisons and the Establishments and State Enterprises Subordinate to the Latter, as well as Recognising Article 1 of the Law Amending Articles 2 and 11 of the Law on State Pensions as No Longer Valid, which came into force on 1 January 2007 (with a certain exception) and amended, inter alia, Paragraph 2 (wording of 11 November 2003) of Article 20 of the Law on the President and Article 1 (wording of 2 July 2002) of the Law on State Pensions. On the same day, the Seimas also adopted the Law on the State Annuity of the President, which came into force on 1 January 2007 (with a certain exception).

It should be noted that, upon the adoption of the Law on the State Annuity of the President, the law for the first time started to regulate the social guarantees provided for the spouse of the President and for the first time consolidated the right of the spouse of the President to the state annuity of the widow(er) of the President.

1.5.1. Item 1 (wording of 12 December 2006) of Paragraph 2 of Article 20 of the Law on the President prescribed that the President whose powers had ceased on the grounds established in Items 1, 2, 3, and 6 of Article 88 of the Constitution was granted and paid for life the state annuity of the President under the conditions and procedure provided for in the Law on the State Annuity of the President.

Thus, instead of the pension of the President, the Law on the President provided for the state annuity of the President, which was granted and paid according to the special law in the cases where the powers of the President had ceased on certain grounds specified in the Constitution.

Item 1 (wording of 12 December 2006) of Paragraph 2 of Article 20 of the Law on the President was once more amended after, on 11 November 2008, the Seimas adopted the Law Amending the Law on the President of the Republic of Lithuania, which came into force on 1 January 2009. By that law, the Law on the President was amended and set forth in a new wording; however, the content of the legal regulation consolidating the right of the President to the state annuity of the President remained in substance unchanged.

1.5.2. It should be noted that, after the Law on the President was set forth in its new wording of 11 November 2008, it started to regulate the social and other guarantees provided for the spouse of the President. The following provisions of the Law on the President (wording of 11 November 2008) should be mentioned:

– “Where the President of the Republic lost his/her life while in the office of the President, a lump-sum compensation equal to 120 months’ remuneration that would have been paid in the month of his/her death shall be paid in equal portions to his/her dependants (Paragraph 7 of this Article)” (Paragraph 1 of Article 17);

– “Where the spouse of the President of the Republic <...> lost his/her life, a lump-sum compensation equal to 25 percent of the lump-sum compensation provided for in Paragraph 1 of this Article shall be paid in equal portions to his/her dependants (Paragraph 7 of this Article). In the cases of health impairment where the spouse of the President of the Republic <...> becomes disabled, the size of a lump-sum compensation paid to him/her shall be equal to 25 percent of the compensation specified in Paragraph 2 of this Article, while in the cases where he/she has not become disabled, though has lost his/her capacity for work—25 percent of the compensation specified in Paragraph 3 of this Article. <...>” (Paragraph 5 of Article 17);

– “The compensation payments provided for in Paragraph 5 of this Article shall be paid where the spouse of the President of the Republic <...> lost his/her life, or his/her health has been impaired, as a result of the performance of the functions established in the state and/or diplomatic protocol. <...>” (Paragraph 6 of Article 17);

– “Pursuant to Paragraphs 1 and 5 of this Article, lump-sum compensation payments shall be paid to the spouse of the deceased <...>” (Paragraph 7 of Article 17);

– “Where the spouse of the President of the Republic <...> is employed, he/she shall be granted leave of absence from work to perform the functions established in the state and/or diplomatic protocol and shall be paid work remuneration for this period of time by the Office of the President of the Republic in the amount of not less than his/her average work remuneration” (Paragraph 1 of Article 19);

– “The spouse of the President of the Republic <...> shall be reimbursed for expenses related to representation within the country and during foreign visits subject to being accounted for in accordance with the international diplomatic practice. In addition, the spouse of the President of the Republic shall be paid a monthly amount of 15 percent of the monthly work remuneration of the President of the Republic for representative expenses without accounting for these expenses” (Paragraph 2 of Article 19);

– “Where the President of the Republic dies while in office or after the expiration of the term of office, his/her spouse shall, if he/she so desires, be provided with housing (residential premises) under a loan-for-use agreement in accordance with the procedure established by the Government of the Republic of Lithuania” (Paragraph 4 of Article 23).

Thus, under the legal regulation consolidated in the aforementioned provisions of the Law on the President:

the spouse of the President is entitled to the lump-sum compensation payments of the indicated size in the cases of health impairment due to the performance of the functions established in the state and/or diplomatic protocol, or in the cases where the President loses his/her life while in office;

the spouse of the President is granted leave of absence from work to perform the functions established in the state and/or diplomatic protocol, and for this period of time he/she is guaranteed work remuneration in the amount of not less than his/her average work remuneration;

the spouse of the President is reimbursed for expenses related to representation within the country and during foreign visits, provided these expenses are accounted for, and is paid a monthly payment of the indicated size for representative expenses without accounting for these expenses;

upon the death of the President, his/her spouse is entitled to housing (residential premises) under a loan-for-use agreement.

It should be noted that certain material (social) guarantees (with the exception of the right to housing, provided for the spouse of the President, inter alia, after the expiry of the term of office of the President) are established in the Law on the President for the spouse of the President in office in order that the spouse of the President, while performing the functions established in the state and/or diplomatic protocol, would effectively assist the President in performing the functions of Head of State; with the exception of the aforementioned right of the spouse of the President to housing, the Law on the President does not regulate any material (social) guarantees of the spouse of the President whose term of office has expired.

1.5.3. After Article 1 of the Law on State Pensions has been set forth in its new wording of 12 December 2006, Paragraph 1 thereof prescribes:

The following state pensions shall be established in the Republic of Lithuania:

1) the first and second degree state pensions of the Republic of Lithuania;

2) the state pensions of victims;

3) the state pensions of officials and servicemen;

4) the state pensions of scientists;

5) the state pensions of judges.”

Thus, Paragraph 1 (wording of 12 December 2006) of Article 1 of the Law on State Pensions no longer contains the provision establishing the state pension of the President in the Republic of Lithuania.

1.6. It has been mentioned that, on 12 December 2006, the Seimas adopted the Law on the State Annuity of the President, which came into force on 1 January 2007 (with a certain exception), as well as that the compliance of certain provisions of this law with the Constitution is under investigation in the constitutional justice case at issue. It has also been mentioned that this law has for the first time consolidated the right of the spouse of the President to the state annuity of the widow(er) of the President.

From the travaux préparatoires of the aforesaid law, it is clear that the legislature was prompted to adopt the Law on the State Annuity of the President, inter alia, by the fact that, based on the rulings of the Constitutional Court, the social guarantees of the President must be regulated not by means of a substatutory legal act but by means of a law. In addition, the travaux préparatoires of this law make it clear that the state pension of the President was named as the state annuity of the President due to the fact that it is granted irrespective of the age or disability of the person.

The Law on the State Annuity of the President was amended by the Law Amending Article 7 of the Law on the State Annuity of the President of the Republic of Lithuania, adopted by the Seimas on 11 November 2008, and by the Law Amending Article 4 of the Law on the State Annuity of the President of the Republic of Lithuania, adopted by the Seimas on 10 November 2011; however, the provisions of the Law on the State Annuity of the President insofar as their compliance with the Constitution is investigated in the constitutional justice case at issue have remained unchanged.

1.6.1. Article 2 “Conditions for Granting and Paying the State Annuity of the President of the Republic” of the Law on the State Annuity of the President prescribes:

1. The State Annuity of the President of the Republic shall be granted and paid for life to the President of the Republic whose powers have ceased on the grounds established in Items 1, 2, 3, and 6 of Article 88 of the Constitution of the Republic of Lithuania.

2. The granted state annuity of the President of the Republic shall not be paid to the President of the Republic elected for a new term of office. The payment of the granted state annuity of the President of the Republic shall be renewed when the powers of the President of the Republic cease on the grounds established in Items 1, 2, 3, and 6 of Article 88 of the Constitution of the Republic of Lithuania.

3. Where the President of the Republic has the right to receive the state annuity of the President of the Republic and a state pension or pension-type payment, granted under the laws of the Republic of Lithuania and paid from the state budget of the Republic of Lithuania, he/she shall be granted and paid only one of these payments of his/her choice: the state annuity of the President of the Republic, or the state pension, or the pension-type payment.”

Article 3 “The Size of the State Annuity of the President of the Republic” of the Law on the State Annuity of the President, inter alia, prescribes that the state annuity of the President is granted in the amount of 50 percent of the monthly work remuneration of the President (Paragraph 1), as well as that the size of this annuity is established on the basis of the size of the work remuneration of the President valid in the month for which this annuity is granted and/or paid (Paragraph 2).

In this context, it should be noted that, under Article 15 “The Work Remuneration of the President of the Republic” of the Law on the President (wording of 11 November 2008), a monthly work remuneration of the President is equal to 55 base values of the positional salary of state politicians, judges, state officials, and state servants of the Republic of Lithuania. Article 3 “The Base Value of the Positional Salary” of the Republic of Lithuania’s Law on the Base Value, Applicable in 2014, of the Positional Salary (Remuneration) of State Politicians, Judges, State Officials, and State Servants prescribes that the base value of the positional salary (remuneration) of state politicians, judges, state officials, and state servants in 2014 is 450 litas. This means that, based on the currently valid work remuneration of the President, the size of the state annuity of the President is 12,375 litas (55 x 450 litas = 24,750 litas / 2).

Thus, under the legal regulation consolidated in the aforementioned provisions of the Law on the State Annuity of the President:

the state annuity of the President, established instead of the state pension of the President, is granted where the powers of the President cease on certain grounds established in the Constitution;

the President who has the right to receive the state annuity of the President is not granted and not paid this annuity where he/she, while being also entitled to a state pension or pension-type payment paid from the state budget, chooses to receive this pension or payment;

it is not established that the state annuity of the President is not granted and/or not paid where the President has any insured income;

the state annuity of the President is granted and/or paid irrespective of the property (property status) of the President, with the exception of the state pension or pension-type payment paid from the state budget (where the President chooses such a pension or payment);

the size of the state annuity of the President is established on the basis of the size of the work remuneration of the President and is linked to the work remuneration of the President by a certain percentage.

It should be noted that the purpose of the state annuity of the President is to ensure social maintenance for a former President by taking account of his/her individual and exceptional legal status as Head of State and of the importance of the duties performed.

1.6.2. Paragraph 1 of Article 4 “Persons Entitled to the State Annuities of the Widow(er) and an Orphan of the President of the Republic” of the Law on the State Annuity of the President, the compliance of which with the Constitution is under investigation in the constitutional justice case at issue, prescribes: “A deceased President of the Republic’s spouse (hereinafter referred to as the widow(er)) who is a citizen of the Republic of Lithuania shall have the right to receive the state annuity of the widow(er) of the President of the Republic.”

Thus, Paragraph 1 of Article 4 of the Law on the State Annuity of the President consolidates the right to receive the state annuity of the widow(er) of the President and identifies the entitled person—a deceased President’s spouse (widow(er)) who is a citizen of the Republic of Lithuania. It should be noted that, under this legal regulation, the widow(er) of the President, who has the right to receive the state annuity of the widow(er) of the President, is considered to be the citizen of the Republic of Lithuania who was the spouse of the President at the time of the death of the President, irrespective of the length of his/her marriage with the President and of the time period of being the spouse of the President while the President was in office.

1.6.3. Article 5 “Conditions for Granting and Paying the State Annuities of the Widow(er) and an Orphan of the President of the Republic” of the Law on the State Annuity of the President, the compliance of which with the Constitution is under investigation in the constitutional justice case at issue, prescribes:

1. The state annuities of the widow(er) and an orphan of the President of the Republic shall be granted to the widow(er) and an orphan of the President of the Republic upon the death of the President of the Republic who was or could be granted the state annuity of the President of the Republic.

2. The state annuity of the widow(er) of the President of the Republic shall be granted and/or paid to the widow(er) of the President of the Republic, irrespective of his/her age and the pensions or permanent pension-type payments he/she receives, with the exception of the cases established in Paragraphs 3 and 4 of this Article.

3. Where the widow(er) of the President of the Republic has the right to receive the state annuity of the widow(er) of the President of the Republic and a state pension or pension-type payment, granted under the laws of the Republic of Lithuania and paid from the state budget of the Republic of Lithuania, he/she shall be granted and paid only one of these payments of his/her choice: the state annuity of the widow(er) of the President of the Republic, or the state pension, or the pension-type payment.

4. The state annuity of the widow(er) of the President of the Republic shall not be granted and, where it has been granted, shall not be paid during the time that the widow(er) of the President of the Republic has any insured income. The notion of insured income shall be understood in the sense as defined in the Republic of Lithuania’s Law on State Social Insurance.

5. The payment of the state annuity of the widow(er) of the President of the Republic to the widow(er) of the President of the Republic shall cease upon his/her remarriage.

6. The state annuity of an orphan of the President of the Republic shall be granted and/or paid to an orphan of the President of the Republic, irrespective of the pensions and/or insured income the orphan receives.”

Thus, under the impugned legal regulation established in Article 5 of the Law on the State Annuity of the President:

the state annuity of the widow(er) of the President is granted to the widow(er) of the President upon the death of the President who was or could be granted the state annuity of the President, i.e., the right of the widow(er) of the President to receive the state annuity of the widow(er) of the President depends on whether the President had the right to the state annuity of the President;

the state annuity of the widow(er) of the President is granted and/or paid to the widow(er) of the President, irrespective of his/her age and the pensions or permanent pension-type payments he/she receives, with the exception of the state pension or pension-type payment paid from the state budget (where the widow(er) of the President chooses to receive such a pension or payment);

the payment of the state annuity of the widow(er) of the President to the widow(er) of the President is terminated upon his/her remarriage;

the state annuity of the widow(er) of the President is not granted and/or not paid to the widow(er) of the President who has any insured income, as defined in the Law on State Social Insurance.

In this context, it should be noted that insured income, referred to Paragraph 4 of Article 5 of the Law on the State Annuity of the President, is defined in Paragraph 4 (wording of 22 December 2009) of Article 2 of the Law on State Social Insurance as all the income of a person from which state social insurance contributions have been calculated and must be paid in accordance with the procedure laid down by this law, including the calculated sickness, maternity, paternity, maternity (paternity), and vocational rehabilitation state social insurance benefits, as well as state social insurance benefits for illness resulting from accidents at work and for occupational diseases, and unemployment state social insurance payments.

1.6.4. In the context of the constitutional justice case at issue, it should be noted that neither Article 5 of the Law on the State Annuity of the President nor other articles of this law establish that the state annuity of the widow(er) of the President is granted and/or paid by taking account of the property (property status) of the widow(er) of the President, with the exception of the state pension or pension-type payment paid to the widow(er) of the President from the state budget (where the widow(er) of the President chooses to receive such a pension or payment) and/or the insured income he/she receives.

1.6.5. Paragraphs 1 and 4 of Article 6 “Sizes of the State Annuities of the Widow(er) and an Orphan of the President of the Republic” of the Law on the State Annuity of the President prescribe:

1. The size of the state annuity of the widow(er) of the President of the Republic shall be 50 percent of the size of the state annuity of the President of the Republic.

<...>

4. The size of the state annuity of the President of the Republic, as established under the provisions of Paragraph 2 of Article 3 of this Law, shall be applied in granting and/or paying the state annuities of the widow(er) and an orphan of the President of the Republic.”

It has been mentioned that, under Paragraph 2 of Article 3 of the Law on the State Annuity of the President, the size of the state annuity of the President is established on the basis of the size of the President’s work remuneration valid in the month for which the annuity is granted and/or paid.

Thus, the size of the state annuity of the widow(er) of the President is linked to the size of the state annuity of the President: the size of the state annuity of the widow(er) of the President is equal to 50 percent of the size of the state annuity of the President; the size of the state annuity of the President is established on the basis of the size of the President’s work remuneration valid in the month for which the annuity is granted and/or paid.

In this context, it should be noted that, as mentioned before, based on the currently valid work remuneration of the President, the size of the state annuity of the President is 12,375 litas (55 x 450 litas = 24,750 litas / 2). This means that, at present, based on the size of the state annuity of the President as determined on the basis of the currently valid work remuneration of the President, the size of the state annuity of the widow(er) of the President is 6,187.5 litas (55 x 450 litas = 24,750 litas / 2 = 12,375 litas / 2).

1.6.6. It should also be noted that, under Paragraph 3 (wording of 11 November 2008) of Article 7 “The Procedure for Granting and Paying the State Annuity of the President of the Republic and the State Annuities of the Widow(er) and an Orphan of the President of the Republic” of the Law on the State Annuity of the President, the state annuity of the President and the state annuity of the widow(er) of the President are paid from the state budget funds.

1.6.7. The aforementioned legal regulation consolidating the state annuity of the widow(er) of the President makes it clear that the purpose of the state annuity of the widow(er) of the President is to ensure social maintenance for the widow(er) of the President (where the President had the right to the state annuity of the President) and to partly compensate for the loss of his/her income as a result of the death of the President.

1.7. The comparison of the aforementioned legal regulation of the state annuity of the President with the legal regulation of the state annuity of the widow(er) of the President makes it clear that:

the state annuity of the President is granted and paid for life; the payment of the state annuity of the widow(er) of the President is terminated upon the remarriage of the widow(er) of the President;

the state annuity of the President is granted after the powers of the President cease; the state annuity of the widow(er) of the President is granted to the widow(er) of the President upon the death of the President who was or could be granted the state annuity of the President;

in view of the individual and exceptional legal status of the President and the importance of the duties performed by the President, the purpose of the state annuity of the President is to ensure social maintenance for a former President; while the purpose of the state annuity of the widow(er) of the President is to ensure social maintenance for the widow(er) of the President (where the President had the right to the state annuity of the President) and to partly compensate the loss of his/her income as a result of the death of the President;

the size of the state annuity of the widow(er) of the President is linked to the size of the state annuity of the President; however, the size of the state annuity of the widow(er) of the President is lower than the size of the state annuity of the President;

both the President, who has the right to receive the state annuity of the President, and the widow(er) of the President, who has the right to receive the state annuity of the widow(er) of the President, are not granted and/or not paid the respective annuity where they, while being entitled to a state pension or/and pension-type payment paid from the state budget, choose to receive that pension or payment;

the state annuity of the widow(er) of the President is not granted and/or not paid where the widow(er) of the President has any insured income; the state annuity of the President is granted and/or paid irrespective of whether the President has any insured income;

both the state annuity of the President and the state annuity of the widow(er) of the President are granted and/or paid from the state budget funds, irrespective of the property (property status) of the receivers of these annuities, except where they receive state pensions or pension-type payments paid from the state budget, as well as where the widow(er) of the President receives insured income.

1.8. While summarising the aforementioned legal regulation, as set forth in the Law on the President and the Law on the State Annuity of the President, it should be noted that:

the law provides for the right of the President to receive the state annuity of the President after the powers of the President cease on certain grounds established in the Constitution, as well as for the right of the widow(er) of the President to receive the state annuity of the widow(er) of the President upon the death of the President, provided the President was or could be granted the state annuity of the President;

the law provides for the following two types of guaranties for the spouse of the President: the social guarantees for the spouse of the President while the President is in office and the social guarantees for the spouse of the President after the President dies;

a citizen of the Republic of Lithuania who at the time of the death of the President was the spouse of the President and who has not remarried is considered to be the President’s widow(er) who has the right to receive the state annuity of the widow(er) of the President;

both the state annuity of the President and the state annuity of the widow(er) of the President are granted and/or paid irrespective of the property (property status) of the receivers of these annuities, except where they receive state pensions or pension-type payments paid from the state budget, as well as where the widow(er) of the President receives insured income.

2. While deciding whether the provisions of the Law on the State Annuity of the President regulating the granting and payment of the state annuity of the widow(er) of the President are not in conflict with the Constitution, certain aspects of the legal regulation governing state pensions and the state pensions of widow(er)s should be disclosed.

3. It has been mentioned that Paragraph 1 (wording of 12 December 2006) of Article 1 “State Pensions of the Republic of Lithuania” of the Law on State Pensions prescribes that the following state pensions are established in the Republic of Lithuania: 1) the first and second degree state pensions of the Republic of Lithuania; 2) the state pensions of victims; 3) the state pensions of officials and servicemen; 4) the state pensions of scientists; 5) the state pensions of judges.

Paragraph 2 (wording of 18 December 2007) of Article 2 “The Source of the Payment of State Pensions and the Measure of Their Size” of the Law on State Pensions, inter alia, prescribes that the measure of the size of the state pensions specified in Items 1, 2, and 4 of Paragraph 1 of Article 1 of this law is the state pension base; the value of this base may not be less than 200 litas. In this context, it should be noted that, by Item 1 of its Resolution (No. 1406) “On the Approval of the Value of the State Pension Base” of 27 December 2007, the Government approved the value of the state pension base of 200 litas as from 1 January 2008. This government resolution has not been amended or annulled.

4. Paragraph 3 (wording of 2 July 2002) of Article 1 of the Law on State Pensions prescribes that the first and second degree state pensions of the Republic of Lithuania, as well as the state pensions of victims, are granted according to this law, while the state pensions of officials and servicemen, the state pensions of scientists, and the state pensions of judges are granted according to respective special laws.

5. Thus, the first and second degree state pensions and the state pensions of victims are granted according to the Law on State Pensions.

5.1. Article 4 “The Right to Receive the First or Second Degree State Pensions of the Republic of Lithuania” of the Law on State Pensions, inter alia, prescribes:

– “The following citizens of the Republic of Lithuania shall have the right to receive the first or second degree state pension of the Republic of Lithuania (hereinafter referred to as the ‘the first or second degree state pension’): <...> 2) the most distinguished participants in the unarmed opposition (resistance)—participants in fights for freedom; 3) highest-ranking state officials” (Paragraph 1 (wording of 30 June 2010));

– “The following citizens of the Republic of Lithuania shall have the right to receive the first degree state pension: 1) participants in the armed opposition (resistance)—volunteer soldiers; 2) Olympic champions (winners of the gold medal); 3) persons who have been awarded the Lithuanian national culture and art premium in the manner provided for by legal acts” (Paragraph 2 (wording of 3 December 2013));

– “The following citizens of the Republic of Lithuania shall have the right to receive the second degree state pension: 1) the mothers who have given birth to (have adopted), have raised until the age of 8, and have provided with a good upbringing 5 or more children; 2) Olympic prize-winners (winners of silver and bronze medals), Paralympic champions, world champions in Olympic sports, and Deaflympics champions; 3) persons who have been awarded the status of an honorary donor in the manner provided for by legal acts” (Paragraph 3 (wording of 6 November 2008));

– “The first or second degree state pension shall be awarded to persons who have reached the age for the old-age pension as specified in the Law on State Social Insurance Pensions (hereinafter referred to as the ‘age for the old-age pension’) or have been certified as incapable or partially capable of work upon losing 60 percent or more of their capacity for work (before 1 July 2005—as invalids of Group I or Group II)” (Paragraph 4 (wording of 18 December 2007)).

It should be noted that, under Paragraph 1 (wording of 19 May 2005) of Article 7 “State Pensions of the Highest-Ranking State Officials of the Republic of Lithuania” of the Law on State Pensions, the first degree state pension is granted to the persons who formerly were the Speaker of the Seimas, the Prime Minister, the President of the Supreme Court, and the President of the Constitutional Court of the Republic of Lithuania, provided they held the offices listed in this paragraph for at least two years; these persons are granted the said pension upon reaching the age for the old-age pension, or upon having been certified as incapable or partially capable of work upon losing 60 percent or more of their capacity for work (before 1 July 2005—as invalids of Group I or Group II).

Paragraph 5 (wording of 30 June 2010) of Article 5 “The Granting, Cancellation, and Payment of the First and Second Degree State Pensions” of the Law on State Pensions, inter alia, prescribes:

The granted first and second degree state pensions shall not be paid to persons who, after having been granted these pensions, have the income from which state social pension insurance contributions are calculated and paid, or who receive state social insurance sickness benefits (including benefits paid by the employee during sickness days), also maternity, paternity, maternity (paternity), or vocational rehabilitation benefits, or unemployment social insurance payments (hereinafter referred to in this Article as “insured income”). This provision shall not apply to the participants in the armed opposition (resistance)—volunteer soldiers who are the recipients of the first degree state pensions, the mothers referred to in Item 1 of the third paragraph of Article 4 of this Law, who are the recipients of the second degree state pensions, and honorary donors. <...>”

Thus, under the legal regulation consolidated in the aforementioned provisions of the Law on State Pensions in relation to the first and second degree state pensions:

the first and second degree state pensions are granted to persons with merits to the State of Lithuania or persons who held the highest-ranking state offices specified in the law, provided they have reached the age for the old-age pension, or have been certified as incapable or partially capable of work upon losing 60 percent or more of their capacity for work (before 1 July 2005—as invalids of Group I or Group II);

the granted first and second degree state pensions are not paid to persons who have any insured income; however, the granted state pensions are paid to participants in the armed opposition (resistance)—volunteer soldiers (the recipients of the first degree state pensions), also to mothers who have given birth to (have adopted), have raised until the age of 8, and have provided with a good upbringing 5 or more children (the recipients of the second degree state pensions), as well as to honorary donors, irrespective of whether these persons have insured income;

the first and second degree state pensions are granted and/or paid irrespective of the property (property status) of their recipients, with the exception of their insured income; however, certain categories of the recipients of the first and second degree state pensions are granted and/or paid these pensions irrespective of their insured income.

5.2. Article 8 “The Size of the First and Second Degree State Pensions and the Payment of These Pensions upon the Death of Their Recipients” (wording of 4 November 1997) of the Law on State Pensions prescribes that the first degree state pension is equivalent to the amount of four state pension bases (Paragraph 1), while the second degree state pension—to the amount of two state pension bases (Paragraph 2). It has been mentioned that the value of the state pension base, as approved by the relevant government resolution, is currently 200 litas. This means that, based on the currently approved value of the state pension base, the size of the first degree state pension is 800 litas (200 litas x 4), while the size of the second degree state pension—400 litas (200 litas x 2).

5.3. Paragraph 1 (wording of 18 December 2007) of Article 9 “The State Pensions of Widow(er)s and Orphans” of the Law on State Pensions, inter alia, prescribes: “Upon the death of a recipient of the first or second degree state pension, his/her spouse (hereinafter referred to as the ‘widow(er)’ <...> shall be granted the state pension of widow(er)s <...>”.

Paragraph 2 (wording of 10 November 2011) of Article 9 of the Law on State Pensions prescribes:

The right to receive the state pension of widow(er)s shall be granted to widow(er)s who:

1) had reached the age for the old-age pension or had been certified as incapable or partially capable of work (before 1 July 2005—as invalids) before the death of their spouse, or who reach such age or are certified as incapable or partially capable of work (before 1 July 2005—as invalids) within five years of the death of their spouse;

2) have been raising the deceased person’s children (adopted children) under 18 years of age (pupils who study under general education curriculums or formal vocational training programmes at educational establishments registered in accordance with the established procedure—until their graduation, but not longer than until they reach 19 years of age) or have been nursing at home the deceased person’s children (adopted children) certified as having lost 75–100 percent of their capacity for work (before 1 July 2005—as invalids of Group I), provided these children (adopted children) had been recognised as disabled (before 1 July 2005—as invalids) before reaching 18 years of age;

3) have reached the age for the old-age pension or are certified as incapable or partially capable of work (before 1 July 2005—as invalids) at the time when raising the deceased person’s children (adopted children) under 18 years of age (pupils under general education curriculums or formal vocational training programmes at educational establishments registered in accordance with the established procedure—until their graduation, but not longer than until they reach 19 years of age) or when nursing at home the deceased person’s children (adopted children) certified as having lost 75–100 percent of their capacity for work (before 1 July 2005—as invalids of Group I), provided these children (adopted children) had been recognised as disabled (before 1 July 2005—as invalids) before reaching 18 years of age.”

Under Paragraph 5 of Article 9 (wording of 12 December 2006) of the Law on State Pensions, the size of the state pension of widow(er)s is equal to 20 percent of the state pension to which a deceased person was entitled. In this context, it should be noted that, based on the currently approved value of the state pension base, the size of the state pension of widow(er)s upon the death of a receiver of the first degree state pension is 160 litas (800 litas x 20 percent), whereas the size of the state pension of widow(er)s upon the death of a receiver of the second degree state pension—80 litas (400 litas x 20 percent).

Paragraph 10 of Article 9 (wording of 12 December 2006) of the Law on State Pensions, inter alia, prescribes that the payment of the state pension of widow(er)s to a widow(er) receiving this pension is terminated upon his/her remarriage.

Thus, under the legal regulation consolidated in the aforementioned provisions of the Law on State Pensions in relation to the state pensions of widow(er)s:

the state pensions of widow(er)s are aimed at ensuring social maintenance for the widow(er)s of the receivers of the first and second degree state pensions, provided these widow(er)s were the spouses of the receivers of the first and second degree state pensions at the time of the death of these receivers, as well as at partially compensating the said widow(er)s for the loss of income as a result of the death of their spouses;

upon the death of a receiver of the first or second degree state pension, his/her widow(er) is granted the state pension of widow(er)s, which is equal to 20 percent of the size of the state pension to which the deceased person was entitled, provided the widow(er) has reached the age for the old-age pension, or has been certified as incapable or partially capable of work (before 1 July 2005—as an invalid), or has been raising the deceased person’s children (adopted children) under the fixed age, or has been nursing at home the deceased person’s children (adopted children) recognised as the disabled (before 1 July 2005—as invalids) before they have reached 18 years of age;

upon the death of a receiver of the first or second degree state pension, the state pension of widow(er)s is granted and/or paid to his/her widow(er), irrespective of the insured income and/or property (property status) of the widow(er).

5.4. Having compared the legal regulation concerning the state annuity of the widow(er) of the President with the legal regulation concerning the state pension of widow(er)s payable upon the death of the persons who were the receivers of the first degree state pension and had held the highest-ranking state offices specified by law, it should be noted that the state annuity of the widow(er) of the President, as well as the state pension of widow(er)s payable upon the death of the persons who were receivers of the first degree state pension and had held the highest-ranking state offices specified by law, is granted to the widow(er)s of persons who had held the highest-ranking state offices, however, the conditions for granting these payments are different:

the ground for granting and/or paying the state annuity of the widow(er) of the President is not linked to its receiver’s age and capacity for work; upon the death of the receivers of the first degree state pension who had held the highest-ranking state offices specified by law, the state pension of widow(er)s is granted to their widow(er)s who have reached the age for the old-age pension, or have been certified as incapable or partially capable of work (before 1 July 2005—as invalids), or have been raising the deceased person’s children (adopted children) under the fixed age, or have been nursing at home the deceased person’s children (adopted children) recognised as the disabled (before 1 July 2005—as invalids) before they have reached 18 years of age;

the state annuity of the widow(er) of the President is not granted and, after it has been granted, is not paid where the widow(er) of the President has any insured income; the state pensions of widow(er)s payable upon the death of the receivers of the first degree state pension who had held the highest-ranking state offices specified by law are granted and/or paid irrespective of the insured income received by the widow(er)s of the persons who had held the said offices.

5.5. The legal regulation governing the state pensions of victims (inter alia, the state pensions of the widow(er)s of victims) is consolidated in Section III “The State Pensions of Victims” of the Law on State Pensions.

5.5.1. Paragraph 1 (wording of 29 September 2008) of Article 11 “Persons Entitled to the State Pensions of Victims” of the Law on State Pensions prescribes:

– “The right to receive the state pensions of victims shall be granted to the following citizens of the Republic of Lithuania whose data about the place of residence in the Republic of Lithuania, or in the case of those without the place of residence—about the municipality in which they are resident, are entered in the Residents’ Register of the Republic of Lithuania and who are not recipients of any pensions of a similar type from another state (with the exception of social insurance pensions) or other permanent compensatory payments:

1) persons who have become invalids as a result of the aggression perpetrated during 11–13 January 1991 and subsequent events, as well as the defenders of independence of the Republic of Lithuania who have not become invalids but were injured as a result of the aggression perpetrated by the USSR during and after 11–13 January 1991, provided the specified legal status has been attested to by presenting a certifying document issued by a municipal institution, and the fact of the injury sustained while defending the freedom of the Republic of Lithuania in 1991—by a certificate issued by the Office of the Prosecutor General of the Republic of Lithuania;

2) political prisoners, deportees, and former abandoned children, provided the fact of the restoration of the rights of the political prisoners and deportees has been attested to by presenting the relevant documents (rehabilitation certificates) issued by the law-enforcement institutions of the Republic of Lithuania, and the legal status of a victim of the occupations—political prisoner, deportee, or former abandoned child—by the documents issued by the Genocide and Resistance Research Centre of Lithuania;

3) participants in the opposition (resistance) to the occupations of 1940–1990—freedom fighters, who have been recognised as having this status in accordance with the procedure laid down by law;

4) persons who, during World War II, were deported for forced labour (also minor family members who were born to them at that time or were kept together) or were placed in ghettos, concentration camps, or other confinement camps;

5) persons who, during World War II, served in the active armies, guerrilla squads, or combined units of the anti-Hitler coalition states;

6) persons who participated in elimination of the consequences of the accident at the Chernobyl Nuclear Power Plant;

7) persons who became invalids during compulsory military service or military training in the Soviet Army (22 July 1945–31 December 1991) or were later certified as incapable or partially capable of work (before 1 July 2005—as invalids) due to the illnesses incurred in connection with the military service;

8) persons who, during compulsory military service or military training in the Soviet Army, served in Afghanistan;

9) persons who were transferred to Lithuania under the agreement between the Soviet Union and Nazi Germany of 10 January 1941 on the exchange of population, provided the status of a victim of the occupations-displaced person has been attested to by presenting the certifying documents issued by the Genocide and Resistance Research Centre of Lithuania in accordance with Item 1 of Paragraph 1 of Article 5(1) of the Law on the Legal Status of Victims of the 1939–1990 Occupations;

10) persons who sustained injuries from mines and explosives and who, before 1 July 2005 and in accordance with the procedure laid down by legal acts, were recognised as invalids of Group I, Group II, or Group III from childhood due to an injury, shell-shock, or mutilation as a result of combat actions during World War II or the outcomes of this war, provided that the status of a victim of the occupations has been attested to by presenting the certifying documents issued by the Genocide and Resistance Research Centre of Lithuania in accordance with Item 1(a) of Paragraph 1 of Article 7 of the Law on the Legal Status of Victims of the 1939–1990 Occupations.”

Paragraph 2 (wording of 10 December 1998) of Article 11 of the Law on State Pensions prescribes:

Under the conditions laid down by this Law, the right to receive the state pensions of victims shall also be granted to the parents, spouses, and children of the following persons:

1) persons who lost their lives as a result of the aggression perpetrated during 11–13 January 1991 and the subsequent events;

2) persons who lost their lives during the actions of opposition (resistance) to the occupations of 1940–1990, as well as those who were killed or who died during their unlawful imprisonment or exile;

3) persons who lost their lives or died as a result of elimination of the consequences of the accident at the Chernobyl Nuclear Power Plant;

4) persons who lost their lives or died during compulsory military service or military training in the Soviet Army (22 July 1945–31 December 1991) or who subsequently died due to the illnesses incurred in connection with the military service.”

Thus, Paragraph 1 of Article 11 of the Law on State Pensions enumerates persons who have the right to the state pension of victims—victims or participants of the specified events or persons who have the specified status of a victim, whereas Paragraph 2 of this article provides that the right to receive the state pensions of victims is also granted to the parents, spouses, and children of persons who lost their lives as a result of the events indicated in this paragraph.

5.5.2. Paragraphs 1–4 of Article 12 “State Pensions for Persons Who Became Victims as a Result of the Aggression Perpetrated During 11–13 January 1991 and the Subsequent Events and for Members of Their Families” (wording of 19 May 2005) of the Law on State Pensions, inter alia, prescribe:

The state pension of victims shall be granted to persons who have been certified as incapable or partially capable of work (before 1 July 2005—as invalids) as a result of the aggression perpetrated during 11–13 January 1991 and the subsequent events. <...>

Where the persons specified in the first paragraph of this Article had reached the age for the old-age pension before 1 July 2005 or reached this age after the specified date during the period of the receipt of the state pension of victims, the state pensions of victims granted to them and paid until the attainment of the age for the old-age pension shall be paid for their lifetime.

The state pension of victims shall be granted to the mothers of persons who lost their lives as a result of the aggression perpetrated during 11–13 January 1991 and the subsequent events, provided they have reached 50 years of age or have been certified as incapable or partially capable of work (before 1 July 2005—as invalids), as well as to their fathers who have reached the age for the old-age pension or have been certified as incapable or partially capable of work (before 1 July 2005—as invalids). These persons shall be paid the state pension of victims in the amount of 8 state pension bases.

The defenders of independence of the Republic of Lithuania who were injured during 11–13 January 1991 and the subsequent aggression of the USSR but have not consequently become invalids shall be granted the state pension of victims in the amount of the state pension base where they have reached the age for the old-age pension or have been certified as incapable or partially capable of work upon losing 60 percent and more of their capacity for work (before 1 July 2005—as invalids of Group I or Group II) due to an illness not in connection with the USSR aggression perpetrated during 11–13 January 1991 and the subsequent events.”

Thus, the state pensions of victims are granted to the persons affected as a result of the aggression perpetrated during 11–13 January 1991 and the subsequent events, as well as to their family members, where they have been certified as incapable or partially capable of work (before 1 July 2005—as invalids) or have reached the age for the old-age pension or another age established by law.

5.5.3. Paragraph 1 (wording of 29 September 2008) of Article 13 “State Pensions for Victims Who Had Been Imprisoned or Exiled for at Least 15 Calendar Years in the Regions of the USSR’s Far North or Equivalent Locations Where These Persons Have Been Certified as Incapable or Partially Capable of Work (Before 1 July 2005—as Invalids) or Have Reached the Age for the Old-Age Pension” of the Law on State Pensions prescribes: “The persons listed in Items 2–6 and 8–10 of the first paragraph of Article 11 of this Law, where they have been certified as incapable or partially capable of work upon losing 60 percent and more of their capacity for work (before 1 July 2005—as invalids of Group I or Group II), or have reached the age for the old-age pension, shall be granted and paid the state pension of victims in the amount of the state pension base, except in the cases provided for in the second paragraph of this Article.”

Paragraph 2 (wording of 19 May 2005) of Article 13 of the Law on State Pensions prescribes:

The state pension of victims shall be granted to the persons listed in Items 2–8 of the first paragraph of Article 11 where they have become incapable or partially capable of work (before 1 July 2005—as invalids) as a result of:

1) unlawful imprisonment and exile or the actions of opposition (resistance) to the occupations of 1940–1990;

2) deportation for forced labour or placement in ghettos and concentration camps;

3) placement in other confinement camps;

4) participation in military actions and the fulfilment of compulsory military service or military training in the Soviet Army, or where they were later certified as incapable or partially capable of work (before 1 July 2005—as invalids) due to the illnesses incurred in connection with the military service;

5) the effects of elimination of the consequences of the accident at the Chernobyl Nuclear Power Plant.”

Under Paragraph 6 (wording of 19 May 2005) of Article 13 of the Law on State Pensions, “[t]he state pensions of victims shall also be granted and paid to the parents of the persons specified in Items 2 and 4 of the second paragraph of Article 11 of this Law where they have been certified as incapable or partially capable of work upon losing 60 percent and more of their capacity for work (before 1 July 2005—as invalids of Group I or Group II) or have reached the age for the old-age pension <...>”.

5.5.4. It should be noted that, under Paragraph 5 (wording of 22 December 1994) of Article 15 “The Payment of the State Pensions of Victims” of the Law on State Pensions, “[t]he state pensions of victims shall be paid irrespective of the victims’ other income”.

5.5.5. Thus, under the legal regulation consolidated in the aforementioned provisions of the Law on State Pensions in relation to the state pensions of victims:

the state pensions of victims are granted to persons who have been affected as a result of or who participated in the specified events, or to persons who have the specified status of a victim, provided they have reached the age for the old-age pension or have been certified as incapable or partially capable of work (before 1 July 2005—as invalids), whereas the recipients of these pensions falling under certain categories of victims must be certified as incapable or partially capable of work upon losing not less than the specified percentage of their capacity for work (before 1 July 2005—as invalids of the indicated groups); the state pensions of victims are granted and/or paid irrespective of the income and/or property (property status) of their recipients;

the state pensions of victims are granted to the parents of persons who lost their lives as a result of the specified events, provided the parents of these persons have been certified as incapable or partially capable of work (before 1 July 2005—as invalids) or have reached the age for the old-age pension or another age established by law; the state pensions of victims are also granted to the spouses of victims.

5.5.6. Article 14 “The State Pensions of the Widow(er)s and Orphans of Victims” (wording of 19 May 2005) of the Law on State Pensions, inter alia, prescribes:

– “The state pensions of the widow(er)s and orphans of victims shall be granted to the following widow(er)s and orphans of persons who lost their lives as a result of the aggression perpetrated during 11–13 January 1991 and the subsequent events: <...> 2) the widow(er)s who have not remarried, irrespective of their age” (Paragraph 1);

– “Each of these persons shall be paid the state pension of widow(er)s <...> in the amount of 8 state pension bases” (Paragraph 2);

– “The right to the state pension of the widow(er)s <...> of victims in the amount of the state pension base shall be granted to the widow(er)s <...> of the participants in the resistance to the occupations of 1940–1990 who lost their lives on the battlefield or during detention, were killed or died during interrogation or imprisonment, or were sentenced to death and their punishment was executed <...>” (Paragraph 3);

– “The state pension of the widow(er)s <...> of the victims specified in the third paragraph of this Article shall be granted and paid where the persons who have the right to receive it have reached the age for the old-age pension or have been certified as incapable or partially capable of work upon losing 60 percent or more of their capacity for work (before 1 July 2005—as invalids of Group I or Group II)” (Paragraph 4).

Paragraph 5 (wording of 29 September 2008) of Article 14 of the Law on State Pensions, inter alia, prescribes:

The state pension of the widow(er)s <...> of victims shall also be granted:

1) upon the death of a person who had been certified as incapable or partially capable of work (before 1 July 2005—as an invalid) as a result of the aggression perpetrated during 11–13 January 1991 and the subsequent events (first paragraph of Article 12);

2) where a person lost his/her life during the actions of opposition (resistance) to the occupations of 1940–1990, as well as where a person lost his/her life or died during unlawful imprisonment or exile;

3) where a person died due to the effects of elimination of the consequences of the accident at the Chernobyl Nuclear Power Plant;

4) where a person lost his/her life or died during compulsory military service or military training in the Soviet Army (22 July 1945–31 December 1991) or subsequently died due to the illnesses incurred in connection with the military service;

5) upon the death of the persons specified in Items 2, 3, 5, and 10 of the first paragraph of Article 11 of this Law, as well as upon the death of the persons specified in Items 4 and 7 of the first paragraph of Article 11, where, before their death and in accordance with the established procedure, they had been certified as incapable or partially capable of work (before 1 July 2005—as invalids), or where they died during the period of the receipt of the state pension of victims.”

Under Paragraph 6 (wording of 12 December 2006) of Article 14 of the Law on State Pensions, the spouses of the persons specified in Paragraph 5 of this article are paid the state pension of the widow(er)s of victims under the same conditions and in the same proportions provided for the recipient of the state pension of victims as established under Article 9 of this law; where a person who lost his/her life (died) had not been granted the state pension of victims, in determining the size of the pension of the widow(er), it is considered that the person who lost his/her life (died) had been entitled to 1.5 of the state pension base. In this context, it should be noted that, as mentioned before, under Article 9 of the Law on State Pensions, the state pension of widow(er)s in the amount of 20 percent of the size of the state pension to which the deceased person had been entitled is granted where the widow(er) has reached the age for the old-age pension, or has been certified as incapable or partially capable of work (before 1 July 2005—as an invalid), or has been raising the deceased person’s children (adopted children) under the fixed age, or has been nursing at home the deceased person’s children (adopted children) recognised as the disabled (before 1 July 2005—as invalids) before they have reached 18 years of age. It should also be noted that, under the legal regulation consolidating the sizes of the state pensions of the widow(er)s of victims, the state pension of the widow(er)s of victims may be granted in the amount of 8 state pension bases (i.e., 1,600 litas) (for the widow(er)s of persons who lost their lives as a result of the aggression perpetrated during 11–13 January 1991 and the subsequent events) as well as in the amount of one state pension base (i.e., 200 litas) (for the widow(er)s of the participants in the resistance to the occupations of 1940–1990 who lost their lives on the battlefield or during detention, were killed or died during interrogation or imprisonment, or were sentenced to death and their punishment was executed).

Thus, under the legal regulation consolidated in the aforementioned provisions of the Law on State Pensions in relation to the state pensions of the widow(er)s of victims:

the state pensions of the widow(er)s of victims are aimed at ensuring social maintenance for the widow(er)s of persons who had been or could be granted the state pension of victims, provided these widow(er)s were the spouses of the said persons at the time of their death, as well as at partly compensating the loss of income of these widow(er)s as a result of the death of their spouses;

the state pension of the widow(er)s of victims is granted to the widow(er)s of persons who lost their lives as a result of the aggression perpetrated during 11–13 January 1991 and the subsequent events, irrespective of their age;

these pensions are granted to other persons entitled to the state pension of the widow(er)s of victims under the following conditions: where they have reached the age for the old-age pension, or have been certified as incapable or partially capable of work (before 1 July 2005—as invalids), or have been raising the deceased person’s children (adopted children) under the fixed age, or have been nursing at home the deceased person’s children (adopted children) recognised as the disabled (before 1 July 2005—as invalids) before they have reached 18 years of age;

the state pensions of the widow(er)s of victims are granted and/or paid irrespective of the income and/or property (property status) of the widow(er)s.

5.5.7. Having compared the legal regulation of the state annuity of the widow(er) of the President with that of the state pensions of the widow(er)s of victims, it should be noted that:

the state pension of the widow(er)s of victims, as well as the state annuity of the widow(er) of the President, is granted to one category of persons (i.e., to the widow(er)s of persons who lost their lives as a result of the aggression perpetrated during 11–13 January 1991 and the subsequent events) irrespective of their age;

the state pensions of the widow(er)s of victims are granted and/or paid irrespective of the income of the widow(er)s; the state annuity of the widow(er) of the President is not granted and, after it has been granted, is not paid where the widow(er) of the President has any insured income.

6. It should be noted that, under Paragraph 1 (wording of 8 December 2009) of Article 3 “Conditions for the Payment of State Pensions” of the Law on State Pensions, “a person who has the right to receive several state pensions shall be paid only one of these pensions of his/her choice, except in the cases of the state pensions of widow(er)s and orphans, where a person may be paid only one of these pensions along with one of state pensions”.

Paragraph 2 (wording of 30 June 2010) of Article 3 of the Law on State Pensions, inter alia, prescribes: “A person who has the right to receive the state pension of widow(er)s for the deceased recipient of the state pensions indicated in Items 1 and 3 of Paragraph 1 of Article 1 of this Law, as well as the right to receive the state social insurance pension of widow(er)s, shall be granted and paid either the state pension of widow(er)s or the state social insurance pension of widow(er)s at his/her choice. <...>”

Paragraph 3 (wording of 30 June 2012) of Article 3 of the Law on State Pensions prescribes:

The size of each of the state pensions established in Items 1–4 of Paragraph 1 of Article 1 of this Law, as well as the sum total of the size of each of these pensions and the state pensions and state social insurance pensions granted to the same person under Paragraph 1 of this Article, may not exceed per person the amount of 1.5 the monthly average work remuneration in the national economy as announced by the Department of Statistics of Lithuania for the quarter before the last quarter preceding the month for which the state pension is paid. Limitations on the size of the pension shall be applied by the institution paying the state pension.”

Thus, under the legal regulation consolidated in the aforementioned provisions of the Law on State Pensions in relation to the conditions for the payment of state pensions:

a person who has the right to receive several state pensions is paid only one state pension of his/her choice, except in the cases of the state pensions of widow(er)s and orphans, where a person may be paid only one of these pensions along with one of state pensions;

a person who has the right to receive the state pension of widow(er)s for the deceased recipient of the first or second degree state pension or the state pension of officials and servicemen, as well as the right to receive the state social insurance pension of widow(er)s, is granted and paid either the state pension of widow(er)s or the state social insurance pension of widow(er)s at his/her choice;

the law provides for limitations on the size of both individually calculated state pensions and those calculated together with other state pensions and social insurance pensions per person (with the exception of the state pensions of judges).

Having compared the legal regulation consolidating the conditions for the payment of the state annuity of the widow(er) of the President and the state pensions of widow(er)s, it is clear that:

the state pension of widow(er)s may be paid along with another state pension or a state social insurance pension, however, the total amount of these pensions (with the exception of the state pensions of judges) may not exceed the amount set by law; the state annuity of the widow(er) of the President may not be paid along with other state pensions or pension-type payments paid from the state budget (where the recipient chooses to receive such a pension or payment);

the state annuity of the widow(er) of the President may be paid along with the state social insurance pension of widow(er)s; the state pensions of widow(er)s payable upon the death of a recipient of the first or second degree state pension, as well as the state pensions of the widow(er)s of officials and servicemen, are not paid along with the state social insurance pensions of widow(er)s.

7. It has been mentioned that the state pensions of officials and servicemen (inter alia, the state pensions of the widow(er)s of officials and servicemen), as well as the state pensions of scientists and the state pensions of judges, are granted under the respective special laws.

8. On 13 December 1994, the Seimas adopted the Republic of Lithuania’s Law on the State Pensions of the Officials and Servicemen of the Interior, State Security, National Defence, and the Prosecutor’s Office, which came into force on 1 January 1995. This law has been amended and/or supplemented on more than one occasion, inter alia, by the Republic of Lithuania’s Law Amending and Supplementing the Title and Articles 1, 3, 6, 12, and 16 of the Law on the State Pensions of the Officials and Servicemen of the Interior, the Special Investigation Service, State Security, National Defence, the Prosecutor’s Office, the Department of Prisons and the Establishments and State Enterprises Subordinate to the Latter, which was adopted by the Seimas on 18 October 2007, and, by Article 1 whereof, the previous title of the law was changed to the “Republic of Lithuania’s Law on the State Pensions of Officials and Servicemen”.

8.1. Article 4 “Types of the State Pensions of Officials and Servicemen” (wording of 19 May 2005) of the Law on the State Pensions of Officials and Servicemen provides that, under this law, the following state pensions of officials and servicemen are granted: 1) for service; 2) for lost capacity for work; 3) for widow(er)s and orphans.

8.2. Paragraph 1 (wording of 23 December 2013) of Article 1 “The Right to Receive the State Pensions of Officials and Servicemen” of the Law on the State Pensions of Officials and Servicemen prescribes:

The following citizens of the Republic of Lithuania shall have the right to receive the state pensions of officials and servicemen:

1) the officials of the Ministry of the Interior, the police, the State Border Guard Service, and of other establishments of the interior, as well as the officers of the internal service units, re-enlisted non-commissioned officers, and soldiers;

2) the officials of the Special Investigation Service;

3) the servicemen of professional military service;

4) the officials of the system of the State Security Department, the officials of the Second Investigation Department under the Ministry of National Defence, and the civil statutory state servants of the Government Communications Centre under the Ministry of National Defence;

5) the officials of the Prosecutor’s Office;

6) the officials of the Department of Prisons and of the establishments and state enterprises subordinate to it;

7) the officials of customs mobile groups, the officials of customs posts, and the customs officials carrying out criminal intelligence and/or pre-trial investigation.”

Paragraph 2 (wording of 17 October 2012) of Article 1 of the Law on the State Pensions of Officials and Servicemen prescribes:

The right to receive the state pensions of officials and servicemen shall also be granted to those officials and servicemen, as enumerated in Paragraph 1 of this Article, who:

1) while being enlisted in the reserve staff of the Ministry of the Interior or the Ministry of National Defence, or the reserve of the officials of the Special Investigation Service, are employed in other ministries, departments, establishments, and organisations of the Republic of Lithuania;

2) while being enlisted in the reserve of intelligence officials of the State Security Department and the Second Investigation Department under the Ministry of National Defence, are employed in other Lithuanian, foreign, or international institutions, establishments, enterprises, or organisations, as well as are engaged in another lawful activity and carry out individual service-related tasks of intelligence institutions.”

Paragraph 1 (wording of 2 October 2012) of Article 3 “Conditions for Granting the State Pensions of Officials and Servicemen” of the Law on the State Pensions of Officials and Servicemen prescribes:

The state pensions of officials and servicemen shall be granted and paid upon leaving service to the officials and servicemen as specified in Article 1 of this Law:

1) who have served for 20 years and more in the systems of the interior, state security, or national defence, in the Special Investigation Service, in the Department of Prisons or the establishments and state enterprises subordinate to the latter, or in the customs system (who have worked in customs mobile groups or customs posts or who have carried out criminal intelligence and/or pre-trial investigation);

2) who have served for 20 years and more in the Prosecutor’s Office and have reached the age, as established in the Law on State Social Insurance Pensions, for the old-age pension;

3) who have been certified as incapable or partially capable of work due to reasons in connection with service;

4) who have been dismissed from service due to their health and there is a conclusion of the institutional central medical expertise commission, or who have been certified as incapable or partially capable of work due to reasons unconnected with service, and where they have served for 5 years and more in the systems of the interior, state security, national defence, or of the Prosecutor’s Office, in the Special Investigation Service, in the Department of Prisons or the establishments and state enterprises subordinate to the latter, or in the customs system (who have worked in customs mobile groups or customs posts, or who have carried out criminal intelligence and/or pre-trial investigation);

5) who have reached the age established by the respective laws or statutes for retirement (where such age is not established—the age for the old-age pension) and have served for 5 years and more in the systems of the interior, state security, national defence, or of the Prosecutor’s Office, in the Special Investigation Service, in the Department of Prisons or the establishments and state enterprises subordinate to the latter, or in the customs system (who have worked in customs mobile groups or customs posts, or who have carried out criminal intelligence and/or pre-trial investigation).”

8.3. Thus, the state pension of officials and servicemen for service is granted to the officials and servicemen who have served the established number of years (those who served in the Prosecutor’s Office need also to have reached the age for the old-age pension), to the officials and servicemen who have been certified as incapable or partially capable of work due to reasons in connection with service, also to the officials and servicemen who have been dismissed due to their health or have been certified as incapable or partially capable of work due to reasons unconnected with service and who have served the established number of years, or to the officials and servicemen who have reached the age for retirement and have served the established number of years.

8.4. Paragraph 1 (wording of 12 December 2006) of Article 10 “The State Pensions of the Widow(er)s and Orphans of Officials and Servicemen” of the Law on the State Pensions of Officials and Servicemen, inter alia, prescribes that the right to receive the state pension of the widow(er)s of officials and servicemen is granted to the spouse of a deceased official or serviceman (or an official or a serviceman identified, under the established procedure, as deceased or missing), provided the said spouse meets the conditions established in Article 9 of the Law on State Pensions; this pension is granted where the deceased person had acquired the right to receive the state pension of officials and servicemen for service, or where the deceased person lost his/her life or died from injuries due to reasons in connection with service, or where the deceased person had, due to the loss of capacity for work, acquired the right to receive the state pension of officials and servicemen payable for lost capacity for work, or where the deceased person had received one of the said pensions.

In this context, it should be noted that, as mentioned before, under Article 9 of the Law on State Pensions, the state pension of widow(er)s is granted where the widow(er) has reached the age for the old-age pension, or has been certified as incapable or partially capable of work (before 1 July 2005—as an invalid), or have been raising the deceased person’s children (adopted children) under the fixed age, or have been nursing at home the deceased person’s children (adopted children) recognised as the disabled (before 1 July 2005—as invalids) before they have reached 18 years of age; the payment of the state pension of widow(er)s is terminated upon the remarriage of the widow(er) receiving that pension.

Under Paragraph 3 (wording of 12 December 2006) of Article 10 of the Law on the State Pensions of Officials and Servicemen, upon the death of an official or a serviceman who had received the state pension of officials and servicemen, the state pension of the widow(er)s of officials and servicemen is granted in the proportions established in Paragraph 5 of Article 9 of the Law on State Pensions on the basis of the size of the pension received by the deceased. In this context, it should be noted that, as mentioned before, under Paragraph 5 of Article 9 (wording of 12 December 2006) of the Law on State Pensions, the size of the state pension of widow(er)s is 20 percent of the size of the state pension to which the deceased person had been entitled.

Thus, the right to receive the state pension of the widow(er)s of officials and servicemen is granted to the spouse of a deceased official or serviceman, provided the said spouse meets, inter alia, the following conditions established in Article 9 of the Law on State Pensions: he/she has reached the age for the old-age pension, or has been certified as incapable or partially capable of work (before 1 July 2005—as an invalid), or has been raising the deceased person’s children (adopted children) under the fixed age, or has been nursing at home the deceased person’s children (adopted children) recognised as the disabled (before 1 July 2005—as invalids) before they have reached 18 years of age.

8.5. While summarising the legal regulation consolidated in the aforementioned provisions of the Law on the State Pensions of Officials and Servicemen in relation to the state pensions of officials and servicemen and the state pensions of the widow(er)s of officials and servicemen, it should be noted that:

the state pension of officials and servicemen for service is granted to the officials and servicemen who have served the established number of years or have been certified as incapable or partially capable of work due to reasons in connection with service; upon the death of the said officials and servicemen, their widow(er)s are granted the state pension of the widow(er)s of officials and servicemen;

the state pensions of the widow(er)s of officials and servicemen are aimed at ensuring social maintenance for the widow(er)s of persons who had been entitled to the state pension of officials and servicemen, provided these widow(er)s were the spouses of the said persons at the time of the death of the latter persons, as well as at partly compensating the loss of income of these widow(er)s as a result of the death of their spouses;

the state pensions of the widow(er)s of officials and servicemen are granted to the widow(er)s who have reached the age for the old-age pension or have been certified as incapable or partially capable of work, as well as who have been raising the deceased person’s children (adopted children) under the fixed age or have been nursing at home the deceased person’s disabled children (disabled adopted children);

the state pensions of the widow(er)s of officials and servicemen are granted and/or paid irrespective of the property (property status) of the widow(er)s;

the size of the state pension of the widow(er)s of officials and servicemen is, by a certain percentage, linked to the state pension of officials and servicemen.

9. On 22 December 1994, the Seimas adopted the Republic of Lithuania’s Provisional Law on the State Pensions of Scientists, which came into force on 1 January 1995 and has subsequently been amended and/or supplemented on more than one occasion. This law consolidates the right to receive the state pension of scientists; however, it does not provide for the right to receive the state pension of the widow(er)s of scientists for the widow(er)s of persons entitled at the time of their death to the state pension of scientists.

10. On 2 July 2002, the Seimas adopted the Republic of Lithuania’s Law on the State Pensions of Judges, which came into force on 1 January 2003 (with a certain exception). This law consolidates the right to receive the state pension of judges; however, it does not provide for the right to receive the state pension of the widow(er)s of judges for the widow(er)s of persons entitled at the time of their death to the state pension of judges.

11. While summarising the legal regulation consolidated in all of the aforementioned laws in relation to state pensions and the state pensions of widow(er)s, it should be noted that:

state pensions are granted to persons for their service or merits to the State of Lithuania (the first and second degree state pensions, the state pensions of officials and servicemen, the state pensions of judges, the state pensions of scientists), as well as to victims (the state pensions of victims);

the state pensions of widow(er)s, which are of three types (the state pensions of widow(er)s payable upon the death of the receivers of the first or second degree state pension, the state pensions of the widow(er)s of victims, and the state pensions of the widow(er)s of officials and servicemen), are granted to the widow(er)s whose deceased spouses had received or could receive the state pension of the respective type;

the widow(er)s of persons entitled at the time of their death to the state pension of scientists or the state pension of judges are not granted the right to receive the state pension of the widow(er)s of scientists or the state pension of the widow(er)s of judges, respectively.

12. Another legal regulation relevant to the constitutional justice case at issue concerns state annuities (inter alia, the state annuities of widow(er)s) and other similar payments paid from the state budget.

12.1. On 16 October 2003, the Seimas adopted the Republic of Lithuania’s Law on the Status of the Signatories of the Act of Independence of Lithuania, which came into force on 1 January 2004 (with a certain exception). This law has been amended and/or supplemented on more than one occasion, inter alia, by the Republic of Lithuania’s Law Amending the Title and Articles 1 and 2 of and the Appendix to the Law on the Status of the Signatories of the Act of Independence of Lithuania, which was adopted by the Seimas on 2 December 2010, and, by Article 1 whereof, the title of the law was changed to the “Law on the Status of the Signatories of the Act of Independence of Lithuania and of the Persons Who Signed the 16 February 1949 Declaration by the Council of the Lithuanian Freedom Fight Movement” (hereinafter referred to as the Law on the Status of Signatories).

12.1.1. Under Paragraph 1 (wording of 16 October 2003) of Article 2 “The Signatories of the Act of Independence of Lithuania” of the Law on the Status of Signatories, a Signatory of the Act of Independence of Lithuania is a deputy elected by the people to the Supreme Council-Reconstituent Seimas of the Republic of Lithuania, who, on 11 March 1990, filled in, in the prescribed manner, a card of registered voting, put his/her signature to it, voted for the Act “On the Re-establishment of the Independent State of Lithuania” and signed it.

Article 6 “The State Annuity of the Signatory” (wording of 11 November 2004) of the Law on the Status of Signatories prescribes:

1. The Signatory shall have the right to receive the state annuity of the Signatory. The size of the state annuity of the Signatory shall be 50 percent of the monthly positional salary of a member of the Seimas.

2. The deputies of the Supreme Council-Reconstituent Seimas of the Republic of Lithuania who carried out an important state task in Moscow on 11–14 March 1990 shall also have the right to receive the state annuity of the Signatory under the same conditions.”

In this context, it should be noted that Paragraph 2 (wording of 19 July 2006) of Article 4 “The Positional Salaries of State Politicians and State Officials” of the Republic of Lithuania’s Law on the Work Pay of State Politicians and State Officials (which, under Item 3 of Paragraph 1 of Article 2 thereof, applies to members of the Seimas) prescribes that the positional salary is calculated by multiplying the relevant positional salary coefficient, set in the Appendix to this law, by the base value. Item 3 of Section I “The Positional Salaries of State Politicians” of the Appendix to this law sets that the coefficient of the positional salary of members of the Seimas is 19.4 (as expressed in base values). It has been mentioned that the base value of the positional salary (remuneration) of state politicians, judges, state officials, and state servants is currently 450 litas. This means that, based on the currently established size of the positional salary of a member of the Seimas, the size of the state annuity of the Signatory is 4,365 Litas (19.4 x 450 litas = 8,730 litas / 2).

Under Paragraph 2 of Article 7 “Conditions for Granting and Paying the State Annuity of the Signatory” of the Law on the Status of Signatories (wording of 16 October 2003), the state annuity of the Signatory is not granted and, after it has been granted, is not paid where the Signatory has any insured income (Item 2), or where the Signatory does not waive the state pension he/she receives, with the exception of the state social insurance pension (Item 4).

12.1.2. Article 9 “The State Annuities of the Widow(er) and an Orphan of the Signatory” of the Law on the Status of Signatories, inter alia, prescribes:

– “The right to receive the state annuity of the widow(er) <...> of the Signatory shall be granted to the spouse <...> of a deceased Signatory (or a Signatory identified, under the established procedure, as deceased or missing)” (Paragraph 1 (wording of 10 November 2011));

– “The right to receive the state annuity of the widow(er) <...> of the Signatory shall also be granted under the same conditions to the widow(er)s <...> of those deputies of the Supreme Council-Reconstituent Seimas of the Republic of Lithuania who are referred to in Paragraph 2 of Article 6 of this Law” (Paragraph 2 (wording of 11 November 2004));

– “The size of the state annuity of the widow(er) <...> of the Signatory shall be 25 percent of the size of the state annuity of the Signatory <...>” (Paragraph 3 (wording of 11 November 2004));

– “The state annuity of the widow(er) <...> of the Signatory shall not be granted and, after it has been granted, shall not be paid where: <...> 2) the spouse <...> of a deceased Signatory has any insured income; <...> 4) the spouse of a deceased Signatory does not waive the state pension he/she receives, with the exception of the state social insurance pension” (Paragraph 4 (wording of 11 November 2004)).

Thus, the size of the state annuity of the widow(er) of the Signatory is 25 percent of the size of the state annuity of the Signatory, which, as mentioned before, is currently equal to 4,365 litas. This means that, based on the currently established size of the state annuity of the Signatory, the size of the state annuity of the widow(er) of the Signatory is 1,091.25 litas (4,365 litas x 25 percent).

12.1.3. While summarising the legal regulation consolidated in the aforementioned provisions of the Law on the Status of Signatories in relation to the state annuities of the Signatory and the widow(er) of the Signatory, it should be noted that:

the state annuity of the Signatory is granted to a Signatory of the Act of Independence of Lithuania, upon the death of whom, his/her widow(er) is granted the state annuity of the widow(er) of the Signatory;

the state annuity of the widow(er) of the Signatory is designed to ensure social maintenance for the widow(er)s of the Signatories who had the right to receive the state annuity of the Signatory, provided these widow(er)s were the spouses of the said Signatories at the time of the death of the latter, as well as to partly compensate the loss of income of these widow(er)s as a result of the death of their spouses;

both the state annuity of the Signatory and the state annuity of the widow(er) of the Signatory are not granted and, after they have been granted, are not paid where the Signatory or, upon the death of the Signatory, his/her widow(er) has any insured income or does not waive the state pension he/she receives, with the exception of the state social insurance pension;

both the state annuity of the Signatory and the state annuity of the widow(er) of the Signatory are granted and/or paid irrespective of the property (property status) of the recipients of these annuities, except in the cases where the recipients receive insured income and/or state pensions;

the size of the state annuity of the widow(er) of the Signatory is linked, by a certain percentage, to the size of the state annuity of the Signatory.

12.2. Having compared the aforementioned legal regulation of the state annuity of the widow(er) of the Signatory with that of the state annuity of the widow(er) of the President, it should be held that the conditions for granting and paying these annuities are similar:

both the state annuity of the widow(er) of the President and the state annuity of the widow(er) of the Signatory are granted irrespective of the age of their recipients;

both the state annuity of the widow(er) of the President and the state annuity of the widow(er) of the Signatory are not granted and, after they have been granted, are not paid where their recipients have any insured income and/or do not waive the state pension they receive;

both the state annuity of the widow(er) of the President and the state annuity of the widow(er) of the Signatory are granted and/or paid irrespective of the property (property status) of the recipients of these annuities, except in the cases where the recipients receive insured income and/or state pensions;

the size of the state annuity of the widow(er) of the President is linked, by a certain percentage, to the size of the state annuity of the President; the size of the state annuity of the widow(er) of the Signatory is linked, by a certain percentage, to the size of the state annuity of the Signatory.

In this context, it should be noted that the size of the state annuity of the widow(er) of the Signatory is linked to the state annuity of the Signatory by a percentage twice as low as compared to the percentage that the size of the state annuity of the widow(er) of the President is linked to the state annuity of the President.

12.3. On 20 December 1995, the Seimas adopted the Republic of Lithuania’s Law on Physical Culture and Sport, which came into force on 1 February 1996 and has subsequently been amended and/or supplemented on more than one occasion. This law consolidates the right of former sportsmen to receive the annuity of sportsmen; however, it does not provide for the right of their widow(er)s to receive the annuity of the widow(er)s of former sportsmen.

12.4. On 1 June 2004, the Seimas adopted the Republic of Lithuania’s Law on Theatres and Concert Establishments, which came into force on 1 January 2005 and has subsequently been amended and/or supplemented on more than one occasion. This law consolidates the right of the employees engaged in creative work at theatres and concert establishments to receive a compensatory payment; however, it does not provide for the right of their widow(er)s to receive any compensatory payment of the widow(er)s of the employees who had been engaged in creative work at theatres and concert establishments.

13. While summarising the aforementioned legal regulation in relation to state pensions, the state pensions of widow(er)s, state annuities, the state annuities of widow(er)s, and payments of the similar type paid from the state budget, it is clear that:

the relevant laws provide for various state pensions, state annuities, and other payments of the similar type paid from the state budget, as well as for various conditions for granting and paying these pensions and annuities;

the widow(er)s of some persons who had the right to receive state pensions (the first and second degree state pensions, the state pension of victims, the state pensions of officials and servicemen) or state annuities (the state annuity of the President, the state annuity of the Signatory) are granted the right to receive the respective state pension of widow(er)s or state annuity of widow(er)s, whereas the widow(er)s of other persons who had the right to receive state pensions (the state pension of scientists, the state pension of judges) or payments of the similar type paid from the state budget (the annuity of former sportsmen, the compensatory payment for the employees engaged in creative work at theatres and concert establishments) are not granted the right to receive any respective state pension or state annuity of widow(er)s or compensatory payment;

the state pensions of widow(er)s and the state annuities of widow(er)s are aimed at ensuring social maintenance for the widow(er)s of certain persons who had been or could be granted a state pension or state annuity, provided these widow(er)s were the spouses of the said persons at the time of the death of the latter persons, irrespective of whether these widow(er)s had been the spouses of the said persons while the latter persons had been in service or had held their office, as well as at partly compensating the loss of income of these widow(er)s as a result of the death of their spouses;

the state pensions of widow(er)s are, as a rule, granted to the widow(er)s concerned where they have reached the age for the old-age pension (with the exception of the state pension of the widow(er)s of victims granted to the widow(er)s of persons who lost their lives as a result of the aggression perpetrated during 11–13 January 1991 and the subsequent events, as this state pension is granted irrespective of the age of the recipient) or have been certified as incapable or partially capable of work (before 1 July 2005—as invalids), as well as where they have been raising the deceased person’s children (adopted children) under the fixed age or have been nursing at home the deceased person’s children (adopted children) recognised as disabled (before 1 July 2005—as invalids) before they have reached 18 years of age; whereas the state annuities of widow(er)s (the state annuity of the widow(er) of the President and the state annuity of the widow(er) of the Signatory) are granted irrespective of the age of the widow(er) and his/her capacity for work;

the state pensions of widow(er)s are granted and/or paid irrespective of the insured income received by the recipients and/or their property (property status), except in the cases where, in addition to the state pension of widow(er)s, the recipient receives another state pension or a state social insurance pension and the total amount of these pensions (with the exception of the state pensions of judges) exceeds the amount established by law; the state annuities of widow(er)s are granted and/or paid irrespective of the property (property status) of their recipients, with the exception of insured income and state pensions or pension-type payments paid from the state budget.

14. Having compared the legal regulation consolidating the state annuity of the widow(er) of the President with the aforementioned legal regulation consolidating the state pensions of widow(er)s and the state annuity of the widow(er) of the Signatory, it should be noted that:

both the widow(er)s who have the right to receive the state annuities of widow(er)s (the state annuity of the widow(er) of the President, the state annuity of the widow(er) of the Signatory) and the widow(er)s who have the right to receive the state pensions of widow(er)s are considered to be the persons who at the time of the death of the persons who had the right to receive a state annuity and state pension, respectively, were the spouses of the latter persons;

both the state annuities of widow(er)s (the state annuity of the widow(er) of the President, the state annuity of the widow(er) of the Signatory) and the state pensions of widow(er)s are aimed at ensuring social maintenance for the widow(er)s of persons who had been or could be granted a certain state annuity or state pension, provided these widow(er)s were the spouses of the said persons at the time of the death of the latter persons, irrespective of whether these widow(er)s had been the spouses of the said persons while the latter persons had been in service or had held their office, as well as at partly compensating the loss of income of these widow(er)s as a result of the death of their spouses;

the state pensions of widow(er)s are granted and/or paid irrespective of the insured income of their recipients; these pensions may be paid in addition to another state pension or a state social insurance pension, provided the total amount of these pensions (with the exception of the state pensions of judges) does not exceed the amount established by law; whereas the state annuities of widow(er)s are not granted and/or not paid where the person has any insured income or chooses to receive other state or pension-type payments paid from the state budget.

It should also be noted that similar conditions apply to granting and paying the state annuity of the widow(er) of the President and the state annuity of the widow(er) of the Signatory (in granting both of these annuities, account is taken of the age of the widow(er)s and their capacity for work, and both of them are not paid where their recipients have any insured income and/or receive state pensions).

15. In the context of the constitutional justice case at issue, it should be noted that the Law on State Social Insurance Pensions provides for the state social insurance pension of widow(er)s. Under Paragraph 1 (wording of 12 December 2006) of Article 35 “Persons Entitled to the Pension of Widow(er)s” of this law, the right to receive the state social insurance pension of widow(er)s is granted to the widow(er)s who have reached the age for the old-age pension, irrespective of their age at the time of the death of their spouse (Item 1), as well as to the widow(er)s who have been certified as incapable or partially capable of work (before 1 July 2005—as invalids) (Item 2).

Article 36 “The Size of the Pension of Widow(er)s” (wording of 12 December 2006) of the Law on State Social Insurance Pensions provides that the widow(er)s who have the right to receive the state social insurance pension of widow(er)s are granted the pension of widow(er)s equal to the base value of the state social insurance pension of widow(er)s (Paragraph 1); the base value of the state social insurance pension of widow(er)s is approved by the Government upon the submission of the Ministry of Social Security and Labour; this base value may not be lower than 70 litas (Paragraph 2). In this context, it should be mentioned that Item 1.2 of the Government Resolution (No. 1329) “On the Approval of the Amount of Insured Income in 2007 and the Base Value of the State Social Insurance Pension of Widow(er)s” of 22 December 2006 prescribes that the base value of the state social insurance pension of widow(er)s is 70 litas. This government resolution has not been amended or annulled.

16. It should be noted that the constitutionality of the legal regulation consolidating the state pensions of widow(er)s, the state annuity of the widow(er) of the Signatory, and the state social insurance pension of widow(er)s is not a matter of investigation in the constitutional justice case at issue.

III

1. In the context of the constitutional justice case at issue, it should be noted that, under international law, in terms of privileges, immunities, and security guarantees, the status of Head of State is special; and certain guarantees stemming from this status also apply to the members of the family of Head of State who accompany him/her during official visits.

2. The legal status of Head of State is laid down in the Convention on Special Missions, adopted by the General Assembly of the United Nations on 8 December 1969. This convention entered into force for the Republic of Lithuania on 4 September 2004.

Under Paragraph 1 of Article 21 “Status of the Head of State and Persons of High Rank” of the Convention on Special Missions, the Head of the sending State, when he/she leads a special mission, enjoys in the receiving State or in a third State the facilities, privileges, and immunities accorded by international law to Heads of State on an official visit. Under Article 1(a) of this convention, a special mission is defined as a temporary mission, representing the State, which is sent by one State to another State with the consent of the latter for the purpose of dealing with it on specific questions or of performing in relation to it a specific task. Article 39 “Members of the Family” of the Convention provides for the privileges and immunities of members of the families of representatives of the sending State in the special mission and of members of its diplomatic staff, where they accompany such members of the special mission, provided they are not nationals of or permanently resident in the receiving State.

3. An important aspect of the special status of Head of State is the guarantee of security of Head of State. Under the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, Including Diplomatic Agents, which was adopted by the General Assembly of the United Nations on 14 December 1973 (and entered into force for the Republic of Lithuania on 22 November 2002), a Head of State is an internationally protected person.

The Preamble to this convention makes it clear that this convention was adopted having regard, inter alia, to the fact that crimes against diplomatic agents and other internationally protected persons jeopardizing the safety of these persons create a serious threat to the maintenance of normal international relations, which are necessary for cooperation among States.

Under Paragraph 1(a) of Article 1 of the aforesaid convention, an internationally protected person is, inter alia, a Head of State, including any member of a collegial body performing the functions of a Head of State under the constitution of the State concerned, whenever any such person is in a foreign State, as well as the members of his/her family who accompany him/her. Thus, under this convention, the members of the family of a Head of State who accompany him/her are also regarded as internationally protected persons.

4. It should be noted that the judgment of the International Court of Justice of the United Nations of 14 February 2002 in the case concerning the Arrest Warrant of 11 April 2000 ((Democratic Republic of the Congo v. Belgium), Judgment, I.C.J. Reports 2002, p. 3) makes it clear that, under international customary law, a Head of State, responsible for the conduct of his/her State’s relations with other states, is recognised as Head of State solely by virtue of his/her office.

5. An exceptional status of the Head of State is similarly emphasised in the judgment Hungary v. Slovak Republic, delivered by the Great Chamber of the Court of Justice of the European Union on 16 October 2012 (case C-364/10, ECLI:EU:C:2012:630, Paragraphs 49 and 50), where it is held that the status of Head of State has a specific character, resulting from the fact that it is governed by international law, with the consequence that the conduct of such a person internationally, such as that person’s presence in another State, comes under that law, in particular the law governing diplomatic relations. In the judgment, it is also noted that such a specific character is capable of distinguishing the person who enjoys that status from all other Union citizens, with the result that that person’s access to the territory of another Member State is not governed by the same conditions as those applicable to other citizens.

6. Thus, international law consolidates the diplomatic privileges and immunities of incumbent Heads of State and their family members who accompany them; however, it does not regulate any social guarantees of Heads of State (incumbent and former), nor those of their family members.

7. In the context of the constitutional justice case at issue, reference should also be made to the jurisdiction of the European Union Civil Service Tribunal, where the purpose of the pension payable for surviving spouses is disclosed. This court has held that Article 79 of the Staff Regulations of Officials of the European Union and Article 18 of Annex VIII thereto, which provide for the right of the surviving spouse of an official or of a former official to the survivor’s pension, are designed for the purpose of compensating the surviving spouse for the loss of income as a result of the death of the official or former official, and that, in the light of the said purpose, the survivor’s pension constitutes a replacement income (judgment Wolfgang Mandt v. European Parliament of the Civil Service Tribunal, delivered in open court on 1 July 2010, case F-45/07, ECLI:EU:F:2010:72, Paragraph 88; judgment Ramaekers-Jørgensen v. Commission of the Civil Service Tribunal of 21 October 2009, case F-74/08, Paragraph 70).

IV

1. In assessing whether the provisions governing the granting and payment of the state annuity of the widow(er) of the President, as established in the Law on the State Annuity of the President, are in compliance with Articles 52 and 90 of the Constitution and with the constitutional principle of a state under the rule of law, it is necessary to disclose certain relevant aspects of the constitutional status of the President and those of the content of the constitutional guarantee of social assistance in the event of widowhood.

2. Article 77 of the Constitution stipulates that the President is Head of State (Paragraph 1), as well as that the President represents the State of Lithuania and performs everything with which he/she is charged by the Constitution and laws (Paragraph 2). While construing these provisions of Article 77 of the Constitution, in its ruling of 8 May 2000, the Constitutional Court held that the status of Head of State is acquired for the period established in the Constitution only by one person, i.e., the President, who is elected by citizens of the Republic of Lithuania, as well as that the legal status of the President as Head of State is individual and different from that of all other citizens.

In its ruling of 19 June 2002, the Constitutional Court held that, under the Constitution, the legal status of the President as Head of State is different from that of all other state officials, as well as that, under the Constitution, the legislature is not permitted to establish any such legal regulation that would deny the individual legal status of the President, which is different from the legal status of all other state officials, and would create legal preconditions for equating some other person with the President—Head of State.

In the Constitutional Court’s ruling of 19 June 2002, it is also held that the individual and exceptional legal status of the President as Head of State is disclosed in various provisions of the Constitution, which consolidate: the inviolability of the President; impossibility for the President to be a member of the Seimas, to hold another office, and to receive remuneration other than remuneration established for the President and remuneration for creative activities; the duty of a person elected as the President to suspend his/her activities in political parties and political organisations; requirements for candidates seeking the office of the President; the bases and procedure for elections of the President; the oath of the President; the powers of the President, their commencement and cessation, etc.

In its ruling of 25 May 2004, the Constitutional Court ruled that the constitutional status of the President is not only the sum of the powers expressis verbis established for the President in the Constitution; the President, as the Head of State directly elected by the nation, symbolises the State of Lithuania as well as the values of its society and personifies the Republic of Lithuania in international relations.

Thus, the legal status of the President as Head of State, as consolidated in the Constitution, is individual and exceptional, and it differs from the legal status of all other citizens and state officials.

3. The individual and exceptional constitutional status of the President—Head of State includes, as its inseparable part, the constitutional social guarantees of the President.

Article 90 of the Constitution provides that the President has a residence, as well as that the financing of the President and of his/her residence is established by law. While construing these provisions of Article 90 of the Constitution, in its ruling of 19 June 2002, the Constitutional Court held that:

the provisions of Article 90 of the Constitution should be interpreted by taking account of the fact that, under the Constitution, the legal status of the President is individual and different from the status of all other state officials; these constitutional provisions mean that the activities of the President are financed and his/her material and social guarantees are ensured by the state, that the funds necessary for this must be provided for in the state budget, as well as that the financing of the President and of his/her residence must be regulated by law;

the constitutional requirements that the financing of the President and of his/her residence must be established by law, as well as that it is not permitted to establish any such legal regulation that would deny the individual legal status of the President, which is different from the legal status of all other state officials, and would create legal preconditions for equating some other person with the President, also mean that it is not permitted to establish any such legal regulation that would create legal preconditions for equating some other person with a former President;

the provisions of Article 90 of the Constitution imply that the pension of the President is an inseparable element of the financing of the President and a constitutional social guarantee of Head of State; under the Constitution, the legislature has the duty to establish such a size of this pension and such conditions for its granting and payment that would be in line with the dignity of the President as Head of State and his/her individual and exceptional legal status;

the provisions of Article 90 of the Constitution also mean that the legislature is prohibited from establishing any such legal regulation under which a person who has not been elected as the President could receive the pension of the President;

the legislature may, without violating the Constitution, establish the financing of a former President, by taking account of the constitutional grounds upon which the powers of the President cease, as well as of the fact whether the same person has not been re-elected or elected anew as the President.

Thus, the individual and exceptional constitutional status of the President differs from the legal status of all other citizens, inter alia, in terms of the social guarantees of the President.

It should be noted that the provisions of the official constitutional doctrine that are related to the pension of the President, as an inseparable element of the financing of the President and a constitutional social guarantee of Head of State, are equally applicable to other state payments that are provided for by law and correspond to the essence and purpose of the pension of the President, irrespective of how they are named.

4. While construing the provision of Article 90 of the Constitution that the financing of the President and of his/her residence is established by law, it should be pointed out that this provision consolidates the guarantee of the financing of the President and of his/her residence, and that the purpose of this guarantee is to ensure that the President is able to properly perform his/her duties, inter alia, to properly represent the State of Lithuania. Thus, this constitutional guarantee means that the legislature has the duty to establish by law the financing necessary to perform the duties of the President, which includes not only the financing of the activities and residence of an incumbent President but also a proper financing, i.e., which is in line with the dignity and exceptional legal status of the President as Head of State, ensured for a former President, inter alia, the pension of the President or another state payment corresponding to the essence and purpose of this pension. This financing also includes the funds necessary to defray the expenses of the person (spouse, another family member) who accompanies the President under the state and/or diplomatic protocol where these expenses are incurred by the said person in relation to his/her assistance to the President while the President is performing his/her duties.

In the context of the constitutional justice case at issue, it should be noted that the provisions of Article 90 of the Constitution do not regulate the legal status of the spouse of the President or his/her material (social) maintenance after the death of the President; however, social assistance for the spouse and other family members of the President is guaranteed on the basis of other provisions of the Constitution, inter alia, on the basis of social assistance provided for under Article 52 of the Constitution in the event of widowhood.

5. Article 52 of the Constitution stipulates that the state guarantees its citizens the right to receive old-age and disability pensions, as well as social assistance in the event of unemployment, sickness, widowhood, loss of the breadwinner, and in other cases provided for by law.

5.1. While construing Article 52 of the Constitution, the Constitutional Court has held on more than one occasion in its acts (inter alia, its rulings of 5 March 2004, 22 October 2007, 24 December 2008, and 2 September 2009, its decision of 20 April 2010, and its ruling of 6 February 2012) the following:

the provisions of Article 52 of the Constitution express the social orientation (social character) of the state and recognise that social maintenance, i.e., contribution of society to the maintenance of those its members who, due to important reasons specified by law, are unable to support themselves through work or other means or are insufficiently provided for, has the status of a constitutional value; the measures of social security express the idea of social solidarity and help a person to protect himself/herself from possible social risks; the state is obliged to create such a system of social maintenance that would help to maintain the conditions of living in line with human dignity and, where necessary, would provide a person with essential social assistance; under the Constitution, every citizen has the right to social security;

Article 52 of the Constitution lays down the bases for pensionary maintenance and social assistance; under this article of the Constitution, the legislature, while implementing the constitutional principle of social solidarity, as well as helping a person to protect himself/herself from possible social risks, and, at the same time, while creating preconditions for all members of society to take care of their own welfare by themselves (rather than to rely solely on state social security), is obliged to establish by law old-age and disability pensions, as well as social assistance in the event of unemployment, sickness, widowhood, and loss of the breadwinner; under the Constitution, the law may also provide for other pensions or social assistance in addition to those indicated in Article 52 of the Constitution;

the right of a person to social security should be interpreted by taking account of the imperatives consolidated in the Constitution in relation to social harmony and justice, as well as of the constitutional principles of the equality of rights of persons and proportionality;

the principle of solidarity in a civil society does not deny personal responsibility for one’s own fate; therefore, the legal regulation of social security should be such that would create preconditions and incentives for all members of society to take care of their own welfare by themselves rather than to rely solely on social security guaranteed by the state; social assistance should not create any preconditions for a person not to seek a higher income and not to search, by one’s own efforts, for possibilities of ensuring for oneself and one’s own family the living conditions that are in line with human dignity; social assistance must not become a privilege; the recognition of mutual responsibility between a person and society is important in ensuring social harmony as well as in guaranteeing the freedom of a person and a possibility for a person to protect himself/herself from difficulties that the person alone would be unable to overcome; the Constitution does not prohibit the legislature from establishing by law such grounds and conditions for providing social assistance, as well as such amounts of social assistance, that would encourage everyone to attempt, to the extent possible and, first of all, by themselves, to take care of their own and their family welfare, as well as to contribute to the welfare of the entire society.

5.2. One of the types of social assistance guaranteed by the state, as expressis verbis indicated in Article 52 of the Constitution, is social assistance in the event of widowhood. Thus, under this article of the Constitution, the state is constitutionally obliged to provide social assistance in the event of widowhood, i.e., to partly compensate for the family income lost by a person as a result of the death of his/her wife (husband). The provision of this social assistance is guaranteed to a widow(er), i.e., a person who was the wife (husband) of the deceased person at the time of the death of the latter.

The Constitution does not lay down any grounds and conditions for providing social assistance in the event of widowhood, nor any duration and amounts of this social assistance—this must be established by the legislature; however, the legislature is bound by the norms and principles of the Constitution (inter alia, the constitutional principles of social solidarity, social harmony, justice, reasonableness, proportionality, and equality of rights), as well as by the capacities of the state and society.

5.3. The Constitutional Court has held on more than one occasion that the legislature, where it pays heed to the Constitution, has broad discretion in regulating the relations of social security and social assistance (inter alia, the Constitutional Court’s ruling of 26 September 2007, its decision of 20 April 2010, and its rulings of 29 June 2012 and 15 February 2013). The Constitutional Court has noted on more than one occasion that, under the Constitution, the law may also provide for other pensions and social assistance in addition to those expressis verbis indicated in Article 52 of the Constitution. Certain pensions that are not directly indicated in Article 52 of the Constitution are currently, inter alia, established in the Republic of Lithuania’s Law on State Pensions (the Constitutional Court’s ruling of 22 February 2013).

5.3.1. The Constitutional Court has held on more than one occasion that state pensions, which are not directly named in Article 52 of the Constitution, differ in their nature and character from state social insurance pensions: they are paid from the state budget; they are granted to persons for service, or to persons with merits to the State of Lithuania, as well as a compensation to the victims specified by law (the Constitutional Court’s rulings of 3 December 2003, 4 July 2003, 22 October 2007, and 24 December 2008, and its decision of 20 April 2010); the receipt of these pensions is linked not to social insurance pension contributions of an established size, but to a particular status of the person (service, merits, or other circumstances upon which the granting of the respective state pension depends); the peculiarities of state pensions permit the legislator, by taking account of all the significant circumstances and paying heed to the norms and principles of the Constitution, to establish the corresponding conditions for granting these pensions (the Constitutional Court’s rulings of 22 October 2007 and 24 December 2008, and its decision of 20 April 2010); the legislature may establish by law the maximum size of such pensions and consolidate various ways for determining this size; the discretion of the legislature in establishing the granting of state pensions is broader than in regulating other pensions; the conditions for granting state pensions may be very different and may depend on, inter alia, the peculiarities of service and the economic capacities of the state (the Constitutional Court’s ruling of 24 December 2008).

5.3.2. In establishing persons who are granted and paid state pensions, the grounds and conditions for granting and paying state pensions, as well as the sizes of these pensions, the legislature is obliged to pay heed to the constitutional imperative of social harmony and the principles of justice, reasonableness, and proportionality; the granting and payment of a state pension must not become a privilege (the Constitutional Court’s ruling of 22 October 2007). If the legislature, when establishing by law the grounds for the aforesaid pensionary maintenance, persons who are granted and paid the aforesaid pensions, the conditions for granting and paying these pensions, as well as their sizes, did not pay heed to the Constitution (for example, if the legislature granted state pensions to persons who may not be granted such pensions, or set unreasonably large or small sizes of these pensions, or established unreasonable conditions for granting and paying these pensions), then such pensionary maintenance could not be defended under the Constitution (the Constitutional Court’s ruling of 22 October 2007).

5.3.3. In its ruling of 22 October 2007, the Constitutional Court held that the peculiarities of the constitutional institute of state service determine, inter alia, the fact that the legislature has the constitutional powers to establish by law the pensions and/or types of social assistance granted exclusively to state servants or separate groups of state servants, whose distinction is objectively justified. This provision of the official constitutional doctrine is mutatis mutandis also applicable to other groups of persons, provided their distinction can be objectively justified.

In this context, it should be noted that the Constitution expressis verbis singles out certain groups of persons as well as their family members the provision of maintenance for whom is an obligation assumed by the state. Paragraph 1 of Article 146 of the Constitution stipulates that the state takes care of and provides for servicemen who lost their health during military service, as well as for the families of servicemen who lost their lives or died during military service. Under Paragraph 2 of the same article, the state also provides for citizens who lost their health while defending the state, as well as for the families of citizens who lost their lives or died in defence of the state.

5.4. It has been mentioned that, in establishing the grounds and conditions for the provision of social assistance in the event of widowhood, as well as the duration and amounts of this assistance, the legislature is bound, inter alia, by the constitutional principle of the equality of rights.

The Constitutional Court has held on more than one occasion that the constitutional principle of the equality of rights of persons in itself does not deny the opportunity to establish by law a diverse and differentiated legal regulation with respect to certain persons who belong to different categories, provided between these persons there are differences of such a character that can objectively justify such a differentiated regulation. A differentiated legal regulation, applied to certain groups of persons, which are characterised by the same features, where such a legal regulation is aimed at positive and socially meaningful goals, or where the establishment of certain limitations or conditions is related to the peculiarities of the regulated social relations, should not, in itself, be regarded as discriminatory (inter alia, the Constitutional Court’s rulings of 31 May 2006, 26 September 2006, 21 December 2006, 2 March 2009, 21 June 2011, 24 May 2013, and 5 July 2013).

Paragraph 2 of Article 29 of the Constitution, which consolidates the principle of the equality of rights of persons, inter alia, stipulates that no human being may be granted any privileges on the ground of his/her social status.

5.5. In the context of the constitutional justice case at issue, it should be noted that the mere fact that a person is the widow(er) of a person who had belonged to a group of persons with a certain social status (the distinction of which is objectively justified) and who, by virtue of that status, had acquired the right to receive social assistance (pension) is not in itself a ground to objectively justify any such legal regulation that would consolidate the right of the said widow(er) to receive in the event of widowhood such social assistance (pension) that would, in substance, differ from that ensured for the widow(er)s of other persons; the deceased person’s social status alone is not in itself a constitutionally justified ground to ensure for the widow(er) of that person social assistance of a much larger amount than that ensured for other widow(er)s.

In the context of the constitutional justice case at issue, it should also be noted that, if such a legal regulation were established under which, on the grounds of the mere fact of becoming the widow(er) of a person who had belonged to a group of persons with a certain social status (the distinction of which is objectively justified) and who, by virtue of that status, had acquired the right to receive social assistance (pension), the said widow(er) were granted the right to receive social assistance (pension) that would, in substance, differ from that ensured for the widow(er)s of other persons, that legal regulation should be judged as consolidating a privilege on the grounds of the social status of the person.

In this context, it should be noted that the Constitution does not protect and does not defend any such rights acquired by a person that are privileges in terms of their content; the defence and protection of privileges would mean the violation of the constitutional principles of the equality of rights of persons and justice, as well as the imperative of harmonious society, consolidated in the Constitution, and thus also the constitutional principle of a state under the rule of law (the Constitutional Court’s rulings of 13 December 2004 and 5 July 2007, and its decision of 2 July 2010).

V

On the compliance of Paragraph 1 of Article 4 and Article 5 of the Law on the State Annuity of the President (wording of 12 December 2006) with Articles 52 and 90 of the Constitution and the constitutional principle of a state under the rule of law

1. It has been mentioned that, in the constitutional justice case at issue, the Constitutional Court is investigating whether Paragraph 1 of Article 4 of the Law on the State Annuity of the President (wording of 12 December 2006), insofar as it provides that the widow(er) of the President, including the widow(er) who was not the spouse of the President while the President was in office, has the right to receive the state annuity of the widow(er) of the President, is not in conflict with Article 90 of the Constitution and the constitutional principle of a state under the rule of law.

The petitioner substantiates its doubts regarding the compliance of Paragraph 1 of Article 4 of the Law on the State Annuity of the President (wording of 12 December 2006) with Article 90 of the Constitution and the constitutional principle of a state under the rule of law by the fact that the right of the widow(er) of the President to receive the state annuity of the widow(er) of the President, as established in the law in question, does not derive from the legal status of the President, which is consolidated in the Constitution; the granting and payment of this annuity is a privilege. According to the petitioner, it is not permitted to establish any such legal regulation under which a person who has not been elected as the President could receive the pension of the President, nor any such legal regulation that would deny the individual and exceptional legal status of the President and would create preconditions for equating some other person with the President—Head of State; the annuity of the President is inseparable from the exceptional legal status of Head of State, as consolidated in the Constitution; it may be granted exclusively to a person who has had this status; upon the death of such a person, it may not be granted to any his/her family members. All the more so, in the opinion of the petitioner, the state annuity of the widow(er) of the President may not be granted to such a widow(er) of the President who was not the spouse of the President while the President was in office and at the time of his/her death.

2. It has been mentioned that Paragraph 1 of Article 4 of the Law on the State Annuity of the President prescribes: “A deceased President of the Republic’s spouse (hereinafter referred to as the widow(er)) who is a citizen of the Republic of Lithuania shall have the right to receive the state annuity of the widow(er) of the President of the Republic.”

It has been mentioned that, under this legal regulation, a citizen of the Republic of Lithuania who at the time of the death of the President was the spouse of the President is considered to be the President’s widow(er) who has the right to receive the state annuity of the widow(er) of the President. It has been mentioned that the state annuity of the widow(er) of the President is granted to the widow(er) of the President upon the death of the President who was or could be granted the state annuity of the President, i.e., the right of the widow(er) of the President to receive the state annuity of the widow(er) of the President depends on whether the President had the right to the state annuity of the President.

Thus, the right to the state annuity of the widow(er) of the President is established for a person who was the spouse of the President at the time of the death of the President, provided the President had the right to the state annuity of the President.

3. While deciding whether Paragraph 1 of Article 4 of the Law on the State Annuity of the President (wording of 12 December 2006) is not in conflict with Article 90 of the Constitution, it should be noted that, as mentioned before, the Law on the State Annuity of the President consolidates not only the right of the widow(er) of the President to receive the state annuity of the widow(er) of the President but also the right of the President to receive the state annuity of the President. The comparison of the legal regulation of the state annuity of the President with that of the state annuity of the widow(er) of the President makes it clear that the law consolidates different grounds and conditions for granting and paying these annuities, as well as their different sizes. Thus, the state annuity of the widow(er) of the President is not identical to the state annuity of the President, which is granted to a person who has had the status of Head of State.

In this Constitutional Court’s ruling, the following has been mentioned:

Article 90 of the Constitution consolidates the guarantee of the financing of the President and of his/her residence; the purpose of this guarantee is to ensure that the President is able to properly perform his/her duties, inter alia, to properly represent the State of Lithuania;

the provisions of Article 90 of the Constitution do not regulate the legal status of the spouse of the President or his/her material (social) maintenance after the death of the President.

Thus, it should be held that Paragraph 1 of Article 4 of the Law on the State Annuity of the President regulates the relations of a different character than those in Article 90 of the Constitution. Due to this reason, there is no ground for stating that Paragraph 1 of Article 4 of the Law on the State Annuity of the President, insofar as it provides that the widow(er) of the President, including the widow(er) who was not the spouse of the President while the President was in office, has the right to receive the state annuity of the widow(er) of the President, is in conflict with Article 90 of the Constitution.

4. In this Constitutional Court’s ruling, it has been mentioned that the provisions of Article 90 of the Constitution do not regulate the legal status of the spouse of the President or his/her material (social) maintenance after the death of the President; however, social assistance for the spouse and other members of the family of the President is guaranteed on the basis of other provisions of the Constitution, inter alia, on the basis of social assistance provided for under Article 52 of the Constitution in the event of widowhood.

4.1. In this Constitutional Court’s ruling, it has been held that:

Article 52 of the Constitution lays down the bases for pensionary maintenance and social assistance; the right of a person to social security should be interpreted by taking account of the imperatives consolidated in the Constitution in relation to social harmony and justice, as well as of the constitutional principles of the equality of rights of persons and proportionality; social assistance should not become a privilege;

under Article 52 of the Constitution, the state is constitutionally obliged to provide social assistance in the event of widowhood, i.e., to partly compensate for the family income lost by a person as a result of the death of his/her wife/husband;

the mere fact that a person is the widow(er) of a person who had belonged to a group of persons with a certain social status (the distinction of which is objectively justified) and who, by virtue of that status, had acquired the right to receive social assistance (pension) is not in itself a ground to objectively justify such a legal regulation that would consolidate the right of the said widow(er) to receive in the event of widowhood social assistance (pension) that would, in substance, differ from that ensured for the widow(er)s of other persons;

the deceased person’s social status alone is not in itself a constitutionally justified ground to ensure for the widow(er) of that person social assistance of a much larger amount than that ensured for other widow(er)s;

if such a legal regulation were established under which, on the grounds of the mere fact of becoming the widow(er) of a person who had belonged to a group of persons with a certain social status (the distinction of which is objectively justified) and who, by virtue of that status, had acquired the right to receive social assistance (pension), the said widow(er) were granted the right to receive such social assistance (pension) that would, in substance, differ from that ensured for the widow(er)s of other persons, that legal regulation should be judged as consolidating a privilege on the grounds of the social status of the person;

the Constitution does not protect and does not defend any such rights acquired by a person that are privileges in terms of their content; the defence and protection of privileges would mean the violation of the constitutional principles of the equality of rights of persons and justice, as well as of the imperative of harmonious society, consolidated in the Constitution, and thus also of the constitutional principle of a state under the rule of law.

4.2. In the context of the constitutional justice case at issue, it should be noted that, as mentioned before, under Paragraph 1 of Article 6 of the Law on the State Annuity of the President, the size of the state annuity of the widow(er) of the President is linked to the size of the state annuity of the President: the size of the state annuity of the widow(er) of the President is equal to 50 percent of the size of the state annuity of the President. Based on the currently valid work remuneration of the President, the size of the state annuity of the President is 12,375 litas. Thus, the size of the state annuity of the widow(er) of the President is 6,187.5 litas.

In this context, the following sizes of certain state pensions of widow(er)s and of the state annuities of widow(er)s should be mentioned: currently, the state pension of widow(er)s payable upon the death of a recipient of the first degree state pension is 160 litas, the state pension of widow(er)s payable upon the death of a recipient of the second degree state pension—80 litas, and the state annuity of the widow(er) of the Signatory—1,091.25 litas. It has been mentioned that the size of the state social insurance pension of widow(er)s, which is paid under the Law on State Social Insurance Pensions, is currently 70 litas.

4.3. Thus, if the legal regulation is established under which, on the grounds of the mere fact of becoming the widow(er) of the President, who has the individual and exceptional legal status of Head of State, granting the right to the pension of the President or a state payment corresponding to the essence and purpose of this pension, the said widow(er) is granted the right to receive social assistance that is, in substance, different from, inter alia, much larger than, that ensured for the widow(er)s of other persons in the event of widowhood, i.e., the said widow(er) is granted the right to receive the state annuity of the widow(er) of the President, then such a legal regulation should be judged as consolidating a privilege on the grounds of the social status of the person.

Consequently, the legal regulation, as laid down in Paragraph 1 of Article 4 of the Law on the State Annuity of the President, under which, on the grounds of the mere fact of becoming the widow(er) of the President (where the latter has the right to the pension of the President or a state payment corresponding to the essence and purpose of this pension), the said widow(er) of the President is granted the right to receive the state annuity of the widow(er) of the President, which is established in the law in question, is not constitutionally justified and not in line with the constitutional principles of the equality of rights of persons and justice, the imperative of social harmony, and thus with the constitutional principle of a state under the rule of law, and it distorts the content of the provisions of Article 52 of the Constitution that the state guarantees social assistance in the event of widowhood.

5. In the light of the foregoing arguments, the conclusion should be drawn that Paragraph 1 of Article 4 of the Law on the State Annuity of the President (wording of 12 December 2006) is in conflict with Article 52 of the Constitution and the constitutional principle of a state under the rule of law.

6. In the context of the constitutional justice case at issue, it should be noted that the fact that, under the Constitution, it is not permitted to establish any such legal regulation under which, in the event of widowhood, social assistance (pension) of a certain amount would be provided for certain persons merely on the grounds that they are the widow(er)s of the persons who had belonged to a group of persons with a certain social status (whose distinction is objectively justified) and who, by virtue of that status, had acquired the right to receive social assistance (pension), does not mean that it is on the whole not permitted to establish social assistance of different amounts in the event of widowhood.

In view of the fact that, as mentioned before, social assistance provided in the event of widowhood partly compensates for the family income lost by a person as a result of the death of his/her wife/husband, under the Constitution, a ground for establishing different amounts of social assistance provided in the event of widowhood would be the amount of family income lost by a person as a result of the death of his/her wife/husband. However, when establishing different amounts of social assistance provided in the event of widowhood, the legislature must pay heed to the capacities of the state and society and not violate the constitutional imperatives of justice, reasonableness, proportionality, and social harmony.

7. It has been mentioned that, in the constitutional justice case at issue, the petitioner impugns the compliance of Article 5 of the Law on the State Annuity of the President (wording of 12 December 2006), insofar as it does not provide that, in granting the state annuity of the widow(er) of the President, account must be taken of the property status of the person claiming this annuity (his/her need for social assistance), with Articles 52 and 90 of the Constitution and the constitutional principle of a state under the rule of law.

Having held that Paragraph 1 of Article 4 of the Law on the State Annuity of the President (wording of 12 December 2006) is in conflict with Article 52 of the Constitution and the constitutional principle of a state under the rule of law, it should be held that an investigation into the constitutionality of Article 5 of the Law on the State Annuity of the President (wording of 12 December 2006), insofar as it does not provide that, in granting the state annuity of the widow(er) of the President, account must be taken of the property status of the person claiming this annuity (his/her need for social assistance), becomes pointless. Thus, in this part of the constitutional justice case at issue, there is no longer any matter for investigation.

8. The fact that a matter for investigation is absent in the case regarding the petition of the petitioner means that the petition does not fall within the jurisdiction of the Constitutional Court (inter alia, the Constitutional Court’s decisions of 6 May 2003 and 8 August 2006, and its rulings of 20 March 2008, 20 November 2013, and 16 December 2013).

Under Item 2 of Paragraph 1 of Article 69 of the Law on the Constitutional Court, by means of its decision, the Constitutional Court refuses to consider petitions requesting an investigation into the compliance of a legal act with the Constitution if the consideration of the petition does not fall within the jurisdiction of the Constitutional Court, and, under Paragraph 3 of Article 69, if the grounds for the refusal to consider a petition have been established after the commencement of the consideration of the case during the hearing of the Constitutional Court, a decision to dismiss the case is adopted.

9. In the light of the foregoing arguments, pursuant to Item 2 of Paragraph 1 and Paragraph 3 of Article 69 of the Law on the Constitutional Court, the part of this case regarding the compliance of Article 5 of the Law on the State Annuity of the President (wording of 12 December 2006), insofar as it does not provide that, in granting the state annuity of the widow(er) of the President, account must be taken of the property status of the person claiming this annuity (his/her need for social assistance), with Articles 52 and 90 of the Constitution and the constitutional principle of a state under the rule of law, should be dismissed.

Conforming to Articles 102 and 105 of the Constitution of the Republic of Lithuania and Articles 1, 53, 531, 54, 55, 56, and 69 of the Law on the Constitutional Court of the Republic of Lithuania, the Constitutional Court of the Republic of Lithuania gives the following

ruling:

1. To recognise that Paragraph 1 of Article 4 of the Law on the State Annuity of the President of the Republic of Lithuania (wording of 12 December 2006; Official Gazette Valstybės žinios, 2006, No. 141-5405) is in conflict with Article 52 of the Constitution of the Republic of Lithuania and the constitutional principle of a state under the rule of law.

2. To dismiss the part of the case regarding the compliance of Article 5 of the Law on the State Annuity of the President of the Republic of Lithuania (wording of 12 December 2006; Official Gazette Valstybės žinios, 2006, No. 141-5405), insofar as it does not provide that, in granting the state annuity of the widow(er) of the President, account must be taken of the property status of the person claiming this annuity (his/her need for social assistance), with Articles 52 and 90 of the Constitution of the Republic of Lithuania and the constitutional principle of a state under the rule of law.

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

Justices of the Constitutional Court:              Elvyra Baltutytė

                                                                     Vytautas Greičius

                                                                     Danutė Jočienė

                                                                     Pranas Kuconis

                                                                     Gediminas Mesonis

                                                                     Vytas Milius

                                                                     Egidijus Šileikis

                                                                     Algirdas Taminskas

                                                                     Dainius Žalimas