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On refusing to consider a petition

Material No. 40/94

 THE CONSTITUTIONAL COURT OF
THE REPUBLIC OF LITHUANIA

 D E C I S I O N

 On the petition submitted by the Kaunas City Local Court requesting an investigation into whether the 12 October 1993 order (No. 1258-v) of the Kaunas City Municipal Board is in compliance with the Constitution of the Republic of Lithuania

 Vilnius, 4 January 1995

The Constitutional Court of the Republic of Lithuania, composed of the Justices of the Constitutional Court: Algirdas Gailiūnas, Kęstutis Lapinskas, Zigmas Levickis, Vladas Pavilonis, 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, discussed the petition submitted by the Kaunas City Local Court requesting an investigation into whether the 12 October 1993 order (No. 1258-v) of the Kaunas City Municipal Board, by which order No. 420-v of 13 April 1993 was partly changed, is in compliance with Article 23 of the Constitution of the Republic of Lithuania.

The Constitutional Court

has established:

The Kaunas City Local Court, the petitioner requests an investigation into whether the 12 October 1993 order (No. 1258-v) of the Kaunas City Municipal Board, by which order No. 420-v of 13 April 1993 was partly changed, is in compliance with Article 23 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 decide the conformity of laws and other acts adopted by the Seimas with the Constitution, as well as the conformity of acts adopted by the President of the Republic and the Government with the Constitution and laws.

The petitioner requests an investigation into whether the legal act adopted by the Municipality Board is in compliance with the Constitution. The Constitution and the Law on the Constitutional Court do not entitle the Constitutional Court to the right to decide the conformity of a legal act adopted by a municipal board with the Constitution, therefore, the consideration of such a petition does not fall under the jurisdiction of the Constitutional Court.

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

Justices of the Constitutional Court:

Algirdas Gailiūnas                           Kęstutis Lapinskas                           Zigmas Levickis

Vladas Pavilonis                              Stasys Stačiokas                              Teodora Staugaitienė

Stasys Šedbaras                               Juozas Žilys