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On dismissing the instituted legal proceedings

Case No. 13/94

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 the case concerning the compliance of the Resolution of the Government of the Republic of Lithuania (No. 146) “On the Restoration of Buildings for Religious Communities” of 28 February 1994 with the fifth paragraph of Article 43 of the Constitution of the Republic of Lithuania, Articles 2 and 4 of the Restitution of the Status of Catholic Church in Lithuania Act, and Articles 1 and 3 of the Republic of Lithuania’s Law “On the Restoration of Houses of Prayer and Other Buildings for Religious Communities” of 14 February 1990

29 September 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, Stasys Stačiokas, Teodora Staugaitienė, Stasys Šedbaras and Juozas Žilys

The court reporter—Rolanda Stimbirytė

Antanas Napoleonas Stasiškis, a member of the Seimas, and Zenonas Juknevičius, a member of the Seimas, acting as the representatives of a group of members of the Seimas, the petitioner

Jadvyga Aleksaitė, Head of the Department of Private Ownership under the Ministry of Justice of the Republic of Lithuania, acting as the representative of the Government of the Republic of Lithuania, the party concerned

The Constitutional Court of the Republic of Lithuania held the court hearing of case No. 13/94 subsequent to the petition submitted by a group of the Seimas of the Republic of Lithuania members requesting an investigation into whether the Resolution of the Government of the Republic of Lithuania (No. 146) “On the Restoration of Buildings for Religious Communities” of 28 February 1994 is consistent with the fifth paragraph of Article 43 of the Constitution of the Republic of Lithuania, Articles 2 and 4 of the Restitution of the Status of Catholic Church Act, and Articles 1 and 3 of the Republic of Lithuania’s Law “On the Restoration of Houses of Prayer and Other Buildings for Religious Communities”.

The Constitutional Court

has established:

The representative of the party concerned requests that the Constitutional Court dismiss the initiated legal proceedings of the case because the Government has recognised that the impugned Resolution is no longer valid.

The Constitutional Court

holds that:

On 23 September 1994, the Government adopted the Resolution (No. 881) “On the Recognition of the 28 February 1994 Resolution (No. 146) of the Government of the Republic of Lithuania as Null and Void” (Official Gazette Valstybės žinios, 1994, No. 75-1415). By this resolution, the Government recognised that the impugned legal act was no longer valid. The annulment of the impugned legal act is the grounds to adopt a decision to dismiss the initiated legal proceedings.

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 in 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