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On accepting a petition of the petitioner

 THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

 DECISION

ON THE ACCEPTING OF THE PETITION SET FORTH IN THE RESOLUTION (NO. XII-583) OF THE SEIMAS OF THE REPUBLIC OF LITHUANIA “ON THE APPLICATION TO THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA WITH A PETITION REQUESTING AN INVESTIGATION INTO WHETHER THE REPUBLIC OF LITHUANIA’S LAW AMENDING ARTICLE 125 OF THE CONSTITUTION, IN VIEW OF THE PROCEDURE OF ITS ADOPTION, IS NOT IN CONFLICT WITH THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA” OF 7 NOVEMBER 2013

 13 November 2013

Vilnius

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

The court reporter—Daiva Pitrėnaitė

In its procedural sitting, the Constitutional Court has considered the petition, set forth in the Resolution (No. XII-583) of the Seimas of the Republic of Lithuania “On the Application to the Constitutional Court of the Republic of Lithuania with a Petition Requesting an Investigation into Whether the Republic of Lithuania’s Law Amending Article 125 of the Constitution, in View of the Procedure of Its Adoption, is not in Conflict with the Constitution of the Republic of Lithuania” of 7 November 2013, requesting an investigation into whether the Republic of Lithuania’s Law Amending Article 125 of the Constitution, in view of the procedure of its adoption, is not in conflict with Paragraph 1 of Article 69 and Paragraph 1 of Article 147 of the Constitution of the Republic of Lithuania, as well as with the constitutional principle of a state under the rule of law.

The Constitutional Court

has established:

  1. On 7 November 2013, the Seimas, the petitioner, adopted the Resolution (No. XII-583) “On the Application to the Constitutional Court of the Republic of Lithuania with a Petition Requesting an Investigation into Whether the Republic of Lithuania’s Law Amending Article 125 of the Constitution, in View of the Procedure of Its Adoption, is not in Conflict with the Constitution of the Republic of Lithuania” in Article 1 whereof it set forth the petition requesting an investigation into whether the Law Amending Article 125 of the Constitution, in view of the procedure of its adoption, is not in conflict with Paragraph 1 of Article 69 and Paragraph 1 of Article 147 of the Constitution, as well as with the constitutional principle of a state under the rule of law.
  2. This petition of the Seimas, the petitioner, was officially published in the official gazette “Valstybės žinios” on 13 November 2013 (Official Gazette Valstybės žinios, 2013, No. 117-5846); the petition was received at the Constitutional Court on 11 November 2013.

The Constitutional Court

holds that:

1. According to Paragraph 1 of Article 102 and Paragraph 1 of Article 105 of the Constitution, the investigation into the compliance of laws and other acts adopted by the Seimas with the Constitution is ascribed to the jurisdiction of the Constitutional Court.2. Under Paragraph 1 of Article 106 of the Constitution, the Government, not less than 1/5 of all the Members of the Seimas, and the courts, shall have the right to apply to the Constitutional Court concerning the conformity of the acts specified in Paragraph 1 of Article 105, i.e. the laws and other legal acts adopted by the Seimas, with the Constitution.Under Paragraph 4 of Article 106 of the Constitution, the resolution of the Seimas asking for an investigation into the conformity of an act with the Constitution shall suspend the validity of the act.A systemic construction of these provisions makes it possible to hold that the Seimas in corpore has the constitutional powers to apply, by means of a resolution, to the Constitutional Court and to request an investigation into the compliance of laws and other legal acts adopted by the Seimas with the Constitution.3. Under Paragraph 1 of Article 26 (wording of 28 October 2003) of the Law on the Constitutional Court of the Republic of Lithuania, in cases when the Constitutional Court receives a resolution of the Seimas requesting an investigation into whether a law is in compliance with the Constitution, a preliminary investigation into that material must be carried out within 3 days and the issue of whether to accept the petition for consideration at the Constitutional Court must be settled during its organisational sitting.The corresponding decision of the Constitutional Court neither approves of nor denies the arguments on which the Seimas, the petitioner, grounds its position; in the course of the adopting of such decisions the fact whether the petition of the petitioner is grounded on legal reasoning is of essential significance (the Constitutional Court’s decisions of 15 December 2006, 8 January 2008, 8 October 2008, and 3 April 2009).

  1. The petition set forth in the Seimas Resolution (No. XII-583) “On the Application to the Constitutional Court of the Republic of Lithuania with a Petition Requesting an Investigation into Whether the Republic of Lithuania’s Law Amending Article 125 of the Constitution, in View of the Procedure of Its Adoption, is not in Conflict with the Constitution of the Republic of Lithuania” of 7 November 2013 is substantiated by legal reasoning.

5. It has been mentioned that, under Paragraph 4 of Article 106 of the Constitution, the resolution of the Seimas asking for an investigation into the conformity of an act with the Constitution shall suspend the validity of the act. Under Paragraph 1 of Article 107 of the Constitution, a law (or part thereof) of the Republic of Lithuania or other act (or part thereof) of the Seimas and an act (or part thereof) of the Government may not be applied from the day of the official publication of the decision of the Constitutional Court that the act in question (or part thereof) is in conflict with the Constitution. A systemic construction of these provisions makes it possible to hold that the decision of the Constitutional Court to accept a petition set forth in the Seimas resolution requesting an investigation into whether the provisions of acts of the Government comply with the Constitution suspends the validity of the corresponding provisions. The fact that the Constitutional Court accepts the petition of the Seimas, the petitioner, and the suspension of the validity of a corresponding legal act after the accepting of the petition neither quash nor change the legal effects which have occurred (the Constitutional Court’s decision of 8 October 2008).It should be noted that, after the petition of the Seimas, the petitioner, requesting an investigation into whether the Law Amending Article 125 of the Constitution, in view of the procedure of its adoption, is not in conflict with the Constitution, has been accepted, under Paragraph 4 of Article 106 of the Constitution, the validity of namely the Law Amending Article 125 of the Constitution adopted on 25 April 2006 is suspended. The suspension of the validity of the Law Amending Article 125 of the Constitution does not mean that Article 125 of the Constitution in the wording valid prior to the entry into force of the said law enters into force; nor does it mean that the power of the Seimas, which stems from Item 2 of Article 67 of the Constitution, to regulate the activity of the Bank of Lithuania by law and the power of the Seimas, which stems from Item 11 of the same article, to appoint and dismiss the Chairman of the Board of the Bank of Lithuania are limited.

Conforming to Paragraph 1 of Article 105 of the Constitution of the Republic of Lithuania and Articles 26, 28 and 63 of the Law on the Constitutional Court of the Republic of Lithuania, the Constitutional Court of the Republic of Lithuania adopts the following

decision:

To accept the petition, set forth in the Resolution (No. XII-583) of the Seimas of the Republic of Lithuania “On the Application to the Constitutional Court of the Republic of Lithuania with a Petition Requesting an Investigation into Whether the Republic of Lithuania’s Law Amending Article 125 of the Constitution, in View of the Procedure of Its Adoption, is not in Conflict with the Constitution of the Republic of Lithuania” of 7 November 2013, requesting an investigation into whether the Republic of Lithuania’s Law Amending Article 125 of the Constitution, in view of the procedure of its adoption, is not in conflict with Paragraph 1 of Article 69 and Paragraph 1 of Article 147 of the Constitution of the Republic of Lithuania, as well as with the constitutional principle of a state under the rule of law.

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

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

Justices of the Constitutional Court:                         Toma Birmontienė

                                                                                             Pranas Kuconis

                                                                                             Gediminas Mesonis

                                                                                             Ramutė Ruškytė

                                                                                             Egidijus Šileikis

                                                                                             Algirdas Taminskas

                                                                                             Romualdas Kęstutis Urbaitis

                                                                                             Dainius Žalimas