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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 the case

4 July 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

The Constitutional Court of the Republic of Lithuania, in its procedural sitting, considered the report made by Justice Teodora Staugaitienė about the case in preparation for the court hearing subsequent to the petition submitted to the Court by the Radviliškis District Local Court of the Republic of Lithuania requesting an investigation into whether Item 46 of the Procedure of the Implementation of the Republic of Lithuania’s Law “On the Procedure and Conditions of the Restoration of the Rights of Ownership of Citizens to the Existing Real Property”, confirmed on 15 November 1991 by resolution No. 470 of the Government of the Republic of Lithuania (the wording of the 17 May 1993 resolution (No. 337) of the Government of the Republic of Lithuania), is in compliance with the Constitution of the Republic of Lithuania.

The Constitutional Court

has established:

The Government of the Republic of Lithuania, by its Resolution (No. 511) “On the Recognition of Item 46 of the Procedure of the Implementation of the Republic of Lithuania’s Law ‘On the Procedure and Conditions of the Restoration of the Rights of Ownership of Citizens to the Existing Real Property’ as Null and Void” of 23 June 1994 nullified Item 46 of the Procedure of the Implementation of the Republic of Lithuania’s Law “On the Procedure and Conditions of the Restoration of the Rights of Ownership of Citizens to the Existing Real Property”, which had been confirmed on 15 November 1991 by resolution No. 470 of the Government of the Republic of Lithuania (the wording of the 17 May 1993 resolution (No. 337) of the Government of the Republic of Lithuania).

The fourth paragraph of Article 69 of the Law on the Constitutional Court prescribes: “The annulment of an impugned legal act shall be 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 of this 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