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On the restoration of the validity, to a certain extent, of Article 14 of the Republic of Lithuania's Law on Referendums

 PRESIDENT OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

ANNOUNCEMENT

ON RESTORING, TO A CERTAIN EXTENT, THE VALIDITY OF ARTICLE 14 OF THE REPUBLIC OF LITHUANIA’S LAW ON REFERENDUMS

 11 July 2014, No. 2B-135P

Vilnius


On 17 April 2014, the Register of Legal Acts officially published the announcement of the President of the Constitutional Court of the Republic of Lithuania that the validity of Article 14 of the Republic of Lithuania’s Law on Referendums (Official Gazette Valstybės žinios, 2002, No. 64-2570) shall be suspended until the ruling of the Constitutional Court is published concerning the case subsequent to the petition (No. 1B-28/2014) set forth in the 10 April 2014 Resolution of the Seimas of the Republic of Lithuania, the petitioner, 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 not be in line 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.

On 11 July 2014, the Constitutional Court adopted the Ruling (No. KT36-N10/2014) “On the compliance of the provisions of the Republic of Lithuania’s Law on Referendums with the Constitution of the Republic of Lithuania”, in which the Constitutional Court, inter alia, ruled Article 14 of the Republic of Lithuania’s Law on Referendums (Official Gazette Valstybės žinios, 2002, No. 64-2570), insofar as it obligates the Seimas of the Republic of Lithuania to pass a resolution on calling a referendum in the case where the decision proposed for the referendum may not be in line with the requirements stemming from the Constitution of the Republic of Lithuania, to be 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.

Conforming to Paragraph 4 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 the Ruling of the Constitutional Court (No. KT36-N10/2014) “On the compliance of the provisions of the Republic of Lithuania’s Law on Referendums with the Constitution of the Republic of Lithuania” of 11 July 2014, the validity of Article 14 of the Republic of Lithuania’s Law on Referendums (Official Gazette Valstybės žinios, 2002, No. 64-2570), insofar as it is not ruled to be in conflict with the Constitution of the Republic of Lithuania, shall be restored.

  

President                                                                          Dainius Žalimas