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On the suspension of the validity of Article 14 of the Republic of Lithuania’s Law on Referendums

 PRESIDENT OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

ANNOUNCEMENT

ON SUSPENDING THE VALIDITY OF ARTICLE 14 OF THE REPUBLIC OF LITHUANIA’S LAW ON REFERENDUMS

17 April 2014, No. 2B-81P

Vilnius


By its Decision “On accepting the petition of the Seimas of the Republic of Lithuania, the petitioner, set forth in the Resolution of the Seimas (No. XII-819) ‘On the Application to the Constitutional Court of the Republic of Lithuania for an Investigation into Whether Article 14 of the Republic of Lithuania’s Law on Referendums Is Not in Conflict with the Constitution of the Republic of Lithuania’ of 10 April 2014” of 17 April 2014, the Constitutional Court of the Republic of Lithuania accepted for consideration the petition (No. 1B-28/2014) of the Seimas of the Republic of Lithuania, the petitioner, as set forth in the resolution of the Seimas of 10 April 2014, requesting an investigation into whether Article 14 of the Republic of Lithuania’s Law on Referendums, insofar as it does not provide for the right of the Seimas of the Republic of Lithuania to decide on the calling of a referendum after it receives the conclusion from a group of experts that the text of the decision proposed in the citizens’ petition to call the referendum may be in conflict with the Constitution of the Republic of Lithuania, is not in conflict with Paragraph 1 of Article 6 and Paragraph 1 of Article 7 of the Constitution of the Republic of Lithuania and the constitutional principle of a state under the rule of law. 

Under Paragraph 4 of Article 106 of the Constitution of the Republic of Lithuania, a resolution of the Seimas asking for an investigation into the conformity of an act with the Constitution suspends the validity of that act. Paragraph 2 of Article 26 of the Law on the Constitutional Court of the Republic of Lithuania prescribes: “If the Constitutional Court adopts a decision to accept the petition for consideration, the President of the Constitutional Court shall immediately announce about that on the Internet website of the Constitutional Court and shall send the announcement to the Manager of the Register of Legal Acts. In this announcement, the President of the Constitutional Court states the exact title of the impugned act, the date of its adoption, and that, in accordance with Article 106 of the Constitution of the Republic of Lithuania, the validity of the aforementioned act is suspended as from the day of the official publication of this announcement in the Register of Legal Acts until the ruling of the Constitution Court concerning this case is published. The announcement of the President of the Constitutional Court received by the Manager of the Register of Legal Acts shall immediately be published in the Register of Legal Acts.”

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

I hereby announce that, as from the day of the official publication of this announcement in the Register of Legal Acts until the ruling of the Constitution Court concerning this case is published, the validity of Article 14 of the Republic of Lithuania’s Law on Referendums, adopted by the Seimas of the Republic of Lithuania on 4 June 2002 (Official Gazette Valstybės žinios, 2002, No. 64-2570), shall be suspended.

  

Acting President of the Constitutional Court                                                 Dainius Žalimas