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On accepting a petition of the petitioner

 THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

DECISION

ON THE PETITION OF THE PRESIDENT OF THE REPUBLIC OF LITHUANIA, THE PETITIONER, REQUESTING CONSTRUCTION OF THE PROVISIONS OF THE CONSTITUTIONAL COURT’S RULINGS OF 30 DECEMBER 2003 AND 13 NOVEMBER 2006

 22 January 2013

Vilnius

 The Constitutional Court of the Republic of Lithuania, composed of the Justices of the Constitutional Court Egidijus Bieliūnas, Toma Birmontienė, Gediminas Mesonis, Egidijus Šileikis, Algirdas Taminskas, Romualdas Kęstutis Urbaitis, and Dainius Žalimas,

with the secretary—Daiva Pitrėnaitė,

at a procedural sitting of the Constitutional Court considered the petition (No. 1B-1/2013) of the President of the Republic of Lithuania, the petitioner, set forth in the Decree (No. 1K-333) of the President of the Republic of Lithuania “On the Petition Requesting the Constitutional Court of the Republic of Lithuania to Construe the Provisions of the Ruling of the Constitutional Court of the Republic of Lithuania ‘On the compliance of the provisions of legal acts regulating the citizenship relations with the Constitution of the Republic of Lithuania’ of 13 November 2006 and the Ruling of the Constitutional Court of the Republic of Lithuania ‘On the compliance of President of the Republic of Lithuania Decree No. 40 “On Granting Citizenship of the Republic Lithuania by Way of Exception” of 11 April 2003 to the extent that it provides that citizenship of the Republic Lithuania is granted to Jurij Borisov by way of exception with the Constitution of the Republic of Lithuania and Paragraph 1 of Article 16 of the Republic of Lithuania Law on Citizenship’ of 30 December 2003” of 14 January 2013.

The Constitutional Court

has established:

By her Decree (No. 1K-333) “On the Petition Requesting the Constitutional Court of the Republic of Lithuania to Construe the Provisions of the Ruling of the Constitutional Court of the Republic of Lithuania ‘On the compliance of the provisions of legal acts regulating the citizenship relations with the Constitution of the Republic of Lithuania’ of 13 November 2006 and the Ruling of the Constitutional Court of the Republic of Lithuania ‘On the compliance of President of the Republic of Lithuania Decree No. 40 “On Granting Citizenship of the Republic Lithuania by Way of Exception” of 11 April 2003 to the extent that it provides that citizenship of the Republic Lithuania is granted to Jurij Borisov by way of exception with the Constitution of the Republic of Lithuania and Paragraph 1 of Article 16 of the Republic of Lithuania Law on Citizenship’ of 30 December 2003” of 14 January 2013, the President of the Republic of Lithuania, the petitioner, applied to the Constitutional Court with a petition requesting construction of the provisions of the Constitutional Court’s rulings of 30 December 2003 and 13 November 2006. This decree of the President of the Republic came into force on the day it was signed.

The Constitutional Court

holds that:

The petition requesting construction of the provisions of the Constitutional Court’s rulings of 30 December 2003 and 13 November 2006 was submitted by the President of the Republic.

Under Article 61 of the Law on the Constitutional Court, the Constitutional Court has the powers to construe its own rulings; under Paragraph 1 of the same article, a ruling of the Constitutional Court may officially be construed only by the Constitutional Court itself at the request of the parties to the case, of other institutions or persons to whom it was sent, or on its own initiative. Paragraph 1 of Article 60 of the Law on the Constitutional Court provides that a Constitutional Court ruling, within 2 days of its adoption, shall be sent inter alia to the President of the Republic. Thus, the President of the Republic has the right to request that the Constitutional Court construe the provisions of the rulings of 30 December 2003 and 13 November 2006.

While taking account of this fact, the petition of the President of the Republic requesting construction of the rulings of 30 December 2003 and 13 November 2006 is to be accepted.

Conforming to Article 102 of the Constitution of the Republic of Lithuania and Paragraph 3 of Article 22, Articles 25, 28, and Paragraph 1 of Article 61 of the Law on the Constitutional Court of the Republic of Lithuania, the Constitutional Court of the Republic of Lithuania has passed the following

decision:

To accept the petition of the President of the Republic of Lithuania, the petitioner, set forth in her Decree (No. 1K-1333) “On the Petition Requesting the Constitutional Court of the Republic of Lithuania to Construe the Provisions of the Ruling of the Constitutional Court of the Republic of Lithuania ‘On the compliance of the provisions of legal acts regulating the citizenship relations with the Constitution of the Republic of Lithuania’ of 13 November 2006 and the Ruling of the Constitutional Court of the Republic of Lithuania ‘On the compliance of President of the Republic of Lithuania Decree No. 40 “On Granting Citizenship of the Republic Lithuania by Way of Exception” of 11 April 2003 to the extent that it provides that citizenship of the Republic Lithuania is granted to Jurij Borisov by way of exception with the Constitution of the Republic of Lithuania and Paragraph 1 of Article 16 of the Republic of Lithuania Law on Citizenship’ of 30 December 2003” of 14 January 2012, requesting construction of the provisions of the Constitutional Court’s rulings of 30 December 2003 and 13 November 2006.

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

The decision is promulgated in the name of the Republic of Lithuania.

Justices of the Constitutional Court:                         Egidijus Bieliūnas

                                                                                             Toma Birmontienė

                                                                                             Gediminas Mesonis

                                                                                             Egidijus Šileikis

                                                                                             Algirdas Taminskas

                                                                                             Romualdas Kęstutis Urbaitis

                                                                                             Dainius Žalimas