Lt

On dismissing the instituted legal proceedings

THE CONSTITUTIONAL COURT OF
THE REPUBLIC OF LITHUANIA

D E C I S I O N

On the dismissal of the initiated legal proceedings of Case No. 8 “On the Petition of the Second Vilnius City Local Court Requesting an Investigation into Whether Article 81 of the Law of the Republic of Lithuania on Operational Activities is in Compliance with the Constitution of the Republic of Lithuania”

21 December 1993, Vilnius

The Constitutional Court of the Republic of Lithuania, composed from the Justices of the Constitutional Court: Algirdas Gailiūnas, Kęstutis Lapinskas, Zigmas Levickis, Vladas Pavilonis, Pranas Vytautas Rasimavičius, Stasys Stačiokas, Teodora Staugaitienė, Stasys Šedbaras, and Juozas Žilys

The court reporter—Rolanda Stimbirytė

Egidijus Bičkauskas, Deputy Chairman of the Seimas, acting as the representative of the party concerned

The Constitutional Court of the Republic of Lithuania, in a court sitting considered the petition of the representative of the party concerned requesting the dismissing of the initiated legal proceedings of Case No. 8 “On the Petition of the Second Vilnius City Local Court Requesting an Investigation into Whether Article 81 of the Law of the Republic of Lithuania on Operational Activities is in Compliance with the Constitution of the Republic of Lithuania”.

The Constitutional Court

has established:

The petitioner—a judge of the Second Vilnius City Local Court—while investigating, on 24 August 1993, civil case No. 24-1765 concerning illegal actions of officials restricting the rights of citizens, faced doubts whether Article 81 of the Republic of Lithuania’s Law on Operational Activities (Official Gazette Valstybės žinios, 1993, No. 30-679), which provides for preventive detention of persons, was in compliance with the Constitution of the Republic of Lithuania. By his ruling, the judge suspended the investigation of said case and addressed the Constitutional Court with a petition requesting the examination of the conformity of Article 81 of the Law on Operational Activities with Articles 20 and 31 of the Constitution of the Republic of Lithuania.

On 15 December 1993, the Seimas adopted the Law “On Supplementing the Code of Criminal Procedure of the Republic of Lithuania” (Official Gazette Valstybės žinios, 1993, No. 70-1310), in the second Article of which it is established that upon the enforcement of said law, the Republic of Lithuania’s Provisional Law “On Supplementing the Republic of Lithuania’s Law on Operational Activities” shall become null and void. Taking into consideration the fact that the impugned act ceased to be valid, the Constitutional Court holds that there is a ground for the dismissal of the initiated legal proceedings of the case.

Conforming to the fourth paragraph of Article 69 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 dismiss the initiated legal proceedings of the case.

Justices of the Constitutional Court:

Algirdas Gailiūnas                           Kęstutis Lapinskas                           Zigmas Levickis

Vladas Pavilonis                              Pranas Vytautas Rasimavičius         Stasys Stačiokas

Teodora Staugaitienė                       Stasys Šedbaras                               Juozas Žilys