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On refusing to consider a petition

Material No. 32/94

THE CONSTITUTIONAL COURT OF
THE REPUBLIC OF LITHUANIA

D E C I S I O N

On the refusal to consider the petition submitted by the Šiauliai City Local Court requesting an investigation into whether Item 5 of the Decision of the Executive Committee of the Šiauliai Council of People’s Deputies “On the Allotment of Plots of Land for the Construction of State and Co-operative Buildings and on the Transferral of Buildings” of 17 July 1989 is in compliance with the Constitution of the Republic of Lithuania

5 November 1994, 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, Teodora Staugaitienė, Stasys Šedbaras and Juozas Žilys

The court reporter—Rolanda Stimbirytė

The Constitutional Court of the Republic of Lithuania, in its procedural sitting, considered the petition submitted by the Šiauliai City Local Court requesting an investigation into whether Item 5 of the Decision of the Executive Committee of the Šiauliai Council of People’s Deputies “On the Allotment of Plots of Land for the Construction of State and Co-operative Buildings and on the Transferral of Buildings” of 17 July 1989 is in compliance with the Constitution of the Republic of Lithuania.

The Constitutional Court

has established:

The Šiauliai City Local Court, the petitioner, requests an investigation into whether Item 5 of the Decision of the Executive Committee of the Šiauliai Council of People’s Deputies “On the Allotment of Plots of Land for the Construction of State and Co-operative Buildings and on the Transferral of Buildings” of 17 July 1989 is in compliance with Article 7 of the Constitution.

The petitioner’s request is based on the fact that, on 17 July 1989, the Executive Committee of the Šiauliai Council of People’s Deputies transferred a residential house and other buildings in 11 Kražių str., Šiauliai, for the Executive Board of Šiauliai Šv. Jurgis (St. George) catholic Parish in the absence of an appropriate law. The Law “On the Restoration of Houses of Prayer and Other Buildings for Religious Communities” was adopted only on 14 February 1990, i.e. after the adoption of the decision in question. Consequently, the Court faced the question whether the impugned decision passed by the Executive Committee of the Šiauliai Council of People’s Deputies conformed to Article 7 of the Constitution.

The Constitutional Court

holds that:

Pursuant to Article 105 of the Constitution and Article 1 of the Law on the Constitutional Court, the Constitutional Court shall consider and adopt decisions concerning the conformity of laws and other legal acts adopted by the Seimas, also legal acts of the President and of the Government, with the Constitution or laws of the Republic of Lithuania. In certain cases the Constitutional Court shall submit conclusions to the Seimas and the President of the Republic.

In its ruling, the petitioner requests that the Constitutional Court decide whether the legal act adopted by the executive body of a municipal council corresponds with the Constitution. However, the Constitution and the Law on the Constitutional Court does not entitle the Constitutional Court to the right to decide the conformity of a legal act adopted by the executive body of a municipal council with the Constitution, therefore, the consideration of such a petition does not fall under the jurisdiction of the Constitutional Court.

Conforming to Item 2 of Paragraph 1 of Article 69, and Item 3 of Paragraph 2 of Article 28 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 refuse to examine the petition.

Justices of the Constitutional Court:

Algirdas Gailiūnas                           Kęstutis Lapinskas                           Zigmas Levickis

Vladas Pavilonis                              Pranas Vytautas Rasimavičius         Teodora Staugaitienė

Stasys Šedbaras                               Juozas Žilys