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On returning a petition to the petitioner

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

D E C I S I O N

Vilnius, 10 November 1993

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

The court reporter—Rolanda Stimbirytė

The Constitutional Court of the Republic of Lithuania, in its procedural sitting, having considered a report made by Justice Zigmas Levickis regarding the results of the preliminary investigation in the case on the petition requesting an investigation into whether the Law “On Supplementing and Amending the Law of the Republic of Lithuania ‘On the Procedure and Conditions of the Restoration of the Rights of Ownership of Citizens to the Existing Real Property’” of 15 July 1993 is in compliance with the Constitution of the Republic of Lithuania, has established the following:

The 14 October 1993 petition of a group of one-fifth members of the Seimas of the Republic of Lithuania, the petitioner, requesting an investigation into the law adopted by the Seimas on 15 July 1993 with the Constitution is within the jurisdiction of the Constitutional Court. There exist no grounds established in Article 64 of the Law on the Constitutional Court of the Republic of Lithuania to refuse the consideration of the petition. The petitioner substantiates its position on the fact that Paragraphs 5 and 6 of Article 4 of the adopted Law are not in compliance with the provision of Paragraph 1 of Article 23 of the Constitution. The petitioner also indicates the existence of a conflict of some provisions of Article 12 of the Law with Article 46 of the Constitution. However, the petitioner requests that the Constitutional Court investigate the compliance of not the aforesaid articles of the Law, but that of the entire Law adopted by the Seimas on 15 July 1993 with the Constitution. As regards the other provisions of the Law, including the particularisation of Article 12 thereof, the petitioner does not provide its position. In the absence of such substantiation of the juridical position, the content of the petition is not in line with the requirement of Item 8 of the first paragraph of Article 66 of the Law on the Constitutional Court, therefore, the petition must be returned to the petitioner (the first paragraph of Article 70 of the Law on the Constitutional Court).

It was specified in the petition that Seimas member Andrius Kubilius had to act as a representative of the petitioner. In addition, the petition also specified that Zenonas Juknevičius also had to act as a representative of the petitioner. The latter person is not a member of the Seimas, therefore, the power of attorney should have been attached to the petition that would have confirmed the powers of attorney of the representative (Item 2 of the third paragraph of Article 66 of the Law on the Constitutional Court). No such power of attorney has been attached to the petition, therefore, the attachments thereof are not in line with the third paragraph of Article 66 of the Law on the Constitutional Court.

Conforming to Paragraph 2 of Article 25 of the Law on the Constitutional Court of the Republic of Lithuania, the Court adopts the following decision:

To return the petition to the petitioner.

Justices of the Constitutional Court:

Algirdas Gailiūnas                           Zigmas Levickis                               Vladas Pavilonis

Pranas Vytautas Rasimavičius         Stasys Stačiokas                              Teodora Staugaitienė

Stasys Šedbaras                               Juozas Žilys