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The Regulations of the Office of the Constitutional Court

Content updated: 05-12-2019 11:02

 

 THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

DECISION
ON THE APPROVAL OF THE REGULATIONS OF THE OFFICE OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

3 September 2019, no 17B-2
Vilnius

The Constitutional Court of the Republic of Lithuania, composed of the Justices of the Constitutional Court: Elvyra Baltutytė, Gintaras Goda, Vytautas Greičius, Danutė Jočienė, Gediminas Mesonis, Vytas Milius, Daiva Petrylaitė, Janina Stripeikienė, and Dainius Žalimas

The court reporter – Daiva Pitrėnaitė

The Constitutional Court, in its organisational sitting, considered the draft of the Regulations of the Office of the Constitutional Court of the Republic of Lithuania.

Conforming to Paragraph 1 of Article 86 (wording of 16 July 2019) of the Law on the Constitutional Court of the Republic of Lithuania and having regard to Item 2 of Paragraph 4 of Article 8 of the Republic of Lithuania’s Law on State Service (wording of 29 June 2018), the Constitutional Court adopts the following

decision:

1. To approve the Regulations of the Office of the Constitutional Court of the Republic of Lithuania (attached hereto).

2. To recognise that the decision of the Constitutional Court of the Republic of Lithuania of 16 January 2006 on the approval of the Regulations of the Apparatus of the Constitutional Court, including all amendments and supplements thereto, is no longer valid.

3. To publish this decision of the Constitutional Court and the Regulations of the Office of the Constitutional Court of the Republic of Lithuania on the website of the Constitutional Court.

Justices of the Constitutional Court:              Elvyra Baltutytė
                                                                                   Gintaras Goda
                                                                                   Vytautas Greičius
                                                                                   Danutė Jočienė
                                                                                   Gediminas Mesonis
                                                                                   Vytas Milius
                                                                                   Daiva Petrylaitė
                                                                                   Janina Stripeikienė
                                                                                   Dainius Žalimas

                                                                                                                   APPROVED BY
                                                                                                                   The Constitutional Court’s decision (no 17B-2)
                                                                                                                   of 3 September 2019

THE REGULATIONS OF THE OFFICE OF THE CONSTITUTIONAL COURT
OF THE REPUBLIC OF LITHUANIA

 I. GENERAL PROVISIONS

1. The Regulations of the Office of the Constitutional Court of the Republic of Lithuania (hereinafter referred to as the Regulations of the Office) regulate the tasks and functions of the Office of the Constitutional Court of the Republic of Lithuania (hereinafter referred to as the Constitutional Court or the Court) and its structural units, as well as issues concerning the organisation of the activity of the Office of the Court.

2. In its activity, the Office of the Constitutional Court follows the Constitution of the Republic of Lithuania, the Law on the Constitutional Court of the Republic of Lithuania and other laws of the Republic of Lithuania, the rulings and decisions of the Constitutional Court, the Rules of the Constitutional Court, the orders and ordinances of the President of the Constitutional Court, the orders of the Chancellor of the Constitutional Court, other legal acts, and these Regulations of the Office.

3. The activity of the Office of the Constitutional Court is based on the principles of the rule of law, objectivity, proportionality, the non-abuse of power, official assistance, efficiency, and subsidiarity, the “one-stop shop” principle, as well as the principles of the equality of rights, transparency, responsibility for adopted decisions, innovations, and openness to change.

II. THE PURPOSE AND TASKS OF THE ACTIVITY OF THE OFFICE OF THE CONSTITUTIONAL COURT

4. The purpose of the activity of the Office of the Constitutional Court is to create the conditions for the Constitutional Court to implement its powers provided for in the Constitution and the Law on the Constitutional Court. For this purpose, the Office of the Constitutional Court ensures the provision of administrative, informational, economic, financial, and technical services at the Constitutional Court, develops international relations, and carries out the assignments of the justices in relation to the implementation of their functions.

5. The main tasks of the Office of the Constitutional Court are as follows:

5.1. to help the justices of the Constitutional Court to prepare cases for the hearings of the Court, as well as the draft acts and other draft documents of the Constitutional Court;

5.2. to help the President of the Constitutional Court to implement the powers established for him in laws and other legal acts;

5.3. to organise the development of international relations, contribute to the development of the relations of the Constitutional Court with the public, and ensure the organisation of events related to the activity of the Court;

5.4. to contribute to the organisation of the hearings of the Constitutional Court, organise the management of documents, ensure that the requests of persons are considered and that persons are provided with the respective service at the Court;

5.5. to organise and ensure the installation and functioning of modern information and communication systems at the Constitutional Court; to install, administer, and develop computer networks, document management systems, and other information systems at the Court;

5.6. to collect, systematise, and retain the publications required for the fulfilment of the functions of the Constitutional Court and ensure the publishing activity of the Court;

5.7. to carry out the financial accounting policy of the Constitutional Court and ensure that the financial accountability correctly reflects the financial position of the Court;

5.8. to ensure the security, utilisation, and maintenance of the buildings, other property, premises, and territory of the Constitutional Court, as well as the proper use of the property of the Court, and to create the adequate conditions for the justices of the Constitutional Court, the state servants of the Office of the Court, and employees who work in the Office of the Court under employment contracts and receive remuneration from the state budget (hereinafter referred to as employees), so that they could fulfil their functions.

III. THE STRUCTURE OF THE OFFICE OF THE CONSTITUTIONAL COURT AND THE ORGANISATION OF ITS ACTIVITY

6. The Office of the Constitutional Court consists of: the Chancellor, advisers to the President and other state servants directly subordinate to the President or the Chancellor, judicial assistants, the Division of Legal Research, the Division of Administration and Protocol, and the Division of Resource Management.

7. The structure of the Office of the Constitutional Court is approved by the Constitutional Court.

8. Issues concerning the organisation of the activity of the Office of the Constitutional Court are decided by the President of the Constitutional Court, as well as by the Chancellor within the competence assigned under these Regulations of the Office.

9. The work of the state servants directly subordinate to the President of the Constitutional Court is organised, coordinated, and controlled by the President of the Constitutional Court or, upon his assignment, by the Chancellor.

10. The Office of the Constitutional Court is headed by the Chancellor, who is directly subordinate to the President of the Constitutional Court. The Chancellor is appointed and released by the President of the Constitutional Court under the procedure established by means of laws. The President of the Constitutional Court also decides on issues concerning the travel on official assignments, leave, incentives, and official responsibility of the Chancellor, as well as other questions related to the activity of the Chancellor while in office.

11. The Chancellor organises the work of the Office of the Constitutional Court, as well as coordinates and controls the activity of the Office of the Court through the heads of the structural units and other state servants who do not belong to any structural units of the Court.

12. The Chancellor issues orders on questions concerning the organisation of the activity of the Office of the Constitutional Court. Such orders are mandatory for all state servants and employees of the Office of the Court. The Chancellor controls how these orders are carried out.

13. The structural units, i.e. divisions, of the Office of the Constitutional Court are headed by heads, who are directly subordinate to the Chancellor. The heads of the divisions of the Office of the Court are responsible for the fulfilment of the functions assigned to the divisions headed by them, for the organisation of the work of these divisions, as well as for the performance of assignments given by the President and the Chancellor of the Constitutional Court.

IV. THE CHANCELLOR AND THE HEADS OF THE STRUCTURAL UNITS (HEADS OF THE DIVISIONS) OF THE OFFICE OF THE CONSTITUTIONAL COURT

14. The Chancellor performs the following functions:

14.1. organises the work of the Office of the Constitutional Court, as well as coordinates and controls the activity of its structural units;

14.2. approves the strategic plan of the activity of the Constitutional Court, as well as other planning documents, and ensures that, in the course of their implementation, the financial, material, intellectual, and informational resources are managed and used in an optimal manner;

14.3. administers the funds allocated to the Constitutional Court, signs financial documents, and concludes contracts on behalf of the Constitutional Court;

14.4. within the assigned competence, represents the Constitutional Court in state and municipal institutions, as well as in other institutions, enterprises, establishments, and organisations;

14.5. appoints and releases state servants and employees of the Office of the Constitutional Court, gives them incentives, imposes official (disciplinary) penalties, and grants allowances; approves a schedule for the annual leave of the state servants and employees of the Office of the Court; decides on issues concerning the leave of the state servants and employees of the Office of the Court and issues concerning their travel on official assignments in the Republic of Lithuania, as well as fulfils other functions in the area of managing the staff of the Office of the Court; approves the list of the positions of the state servants and employees of the Office of the Constitutional Court and descriptions for these positions;

14.6. within the assigned competence, organises the consideration of letters and the requests, complaints, and notices of persons, as well as other documents, received at the Constitutional Court, and considers them;

14.7. organises the development of international relations of the Constitutional Court and performs the functions of the Secretary General (the highest-standing state servant of the Office of the Constitutional Court, who is responsible for the development of international relations); within the assigned competence, represents the Constitutional Court where the Constitutional Court fulfils the obligations arising from its membership in international organisations and where the Constitutional Court seeks to participate and participates in international cooperation projects and other projects related to the activity of the Court;

14.8. organises the conduct of public procurement procedures; upon authorisation by the President of the Constitutional Court, exercises the powers of the head of a contracting organisation in the area of public procurement;

14.9. forms permanent or ad hoc commissions or working groups for implementing the tasks of the Office of the Constitutional Court, as well as in the cases provided for in legal acts; helps the chairpersons of the commissions or working groups formed by the President of the Constitutional Court to organise the work of these commissions or working groups, and participates in their activity and meetings;

14.10. organises the publishing activity of the Constitutional Court;

14.11. creates the conditions for implementing the provisions of the Rules of the Constitutional Court related to the rights of the former justices of the Constitutional Court;

14.12. keeps the official stamp of the Constitutional Court, which bears the coat of arms of the State of the Republic of Lithuania, and is responsible for its use;

14.13. carries out other assignments of the President of the Constitutional Court and other functions provided for in legal acts and in the description for the position of the Chancellor.

15. The heads of the structural units (heads of the divisions) of the Office of the Constitutional Court perform the following functions:

15.1. are responsible for the work of the respective division and organise it by following the Law on the Constitutional Court, other laws and legal acts, the Rules of the Constitutional Court, these Regulations of the Office of the Constitutional Court, the orders and assignments of the President and the Chancellor of the Constitutional Court, and the description for their position;

15.2. distribute work among the subordinate state servants and employees of the Office of the Constitutional Court, as well as coordinate and control how the tasks assigned to these state servants and employees are carried out;

15.3. ensure that the subordinate state servants and employees observe official and work discipline and that they perform the tasks assigned to them in a timely and accurate manner;

15.4. ensure that, on the grounds of the principle of official assistance, the required informational and other assistance regarding the issues related to the functions of the respective division is rendered to the other divisions and the state servants or employees of the Office of the Constitutional Court who do not belong to these divisions;

15.5. carry out other assignments of the President and the Chancellor of the Constitutional Court and other functions provided for in the description for their position.

 V. STATE SERVANTS WHO DO NOT BELONG TO THE STRUCTURAL UNITS OF THE OFFICE OF THE CONSTITUTIONAL COURT

16. The positions of state servants who do not belong to any structural unit (division) of the Office of the Constitutional Court may be established at the Court for implementing the tasks laid down for the Office of the Constitutional Court in these Regulations.

17. Advisers to the President of the Constitutional Court give advice to the President of the Constitutional Court on legal issues, public relations, and other questions. Advisers to the President of the Constitutional Court are state servants directly subordinate to the President of the Constitutional Court.

18. The position of an assistant to the President of the Constitutional Court may be established at the Constitutional Court for carrying out the assignments of the President of the Constitutional Court related to the functions of the President of the Constitutional Court that are specified in the Law on the Constitutional Court and the Rules of the Constitutional Court. An assistant to the President of the Constitutional Court is a state servant directly subordinate to the President of the Constitutional Court.

19. The position of a state servant directly subordinate either to the President or the Chancellor of the Constitutional Court may be established at the Constitutional Court in order that such a state servant can advise and provide methodological and practical assistance in preparing material for the judicial consideration of constitutional justice cases, carry out monitoring over the draft acts of the Constitutional Court with a view to ensuring the integrity and consistency of the official constitutional doctrine, systematise the jurisprudence of the Constitutional Court, and fulfil other functions related to the activity of the Constitutional Court.

20. Judicial assistants provide assistance to the justices of the Constitutional Court in preparing constitutional justice cases for judicial consideration, in drafting acts and other documents of the Constitutional Court, as well as in fulfilling other functions established in the Law on the Constitutional Court and the Rules of the Constitutional Court. Judicial assistants of the Constitutional Court are state servants directly subordinate to the Chancellor.

21. While carrying out the direct assignments of the justices of the Constitutional Court, judicial assistants help them to implement their functions related to the preparation of constitutional justice cases for judicial consideration, as well as their other functions. Judicial assistants:

21.1. help to carry out a preliminary investigation into petitions and inquiries received at the Constitutional Court, prepare the draft notes of the preliminary investigation, and submit them to the justice carrying out the preliminary investigation;

21.2. prepare notes comprehensively introducing the justices to the issues of the constitutional justice case under preparation for judicial consideration and a reasoned legal position on the questions to be solved in the case;

21.3. prepare the draft acts of the Constitutional Court and the drafts of the documents that require the signature of the respective justice of the Constitutional Court;

21.4. in order of priority, carry out other assignments of the justices related to the implementation of their functions;

21.5. carry out the assignments of the President and the Chancellor of the Constitutional Court.

22. Other positions of state servants necessary for implementing the tasks of the Office of the Constitutional Court may also be established at the Constitutional Court.

VI. THE DIVISION OF LEGAL RESEARCH

23. The tasks of the Division of Legal Research are as follows: to contribute, together with the judicial assistants of the Constitutional Court, to the preparation of constitutional justice cases and help, within the competence assigned to the Division of Legal Research, to implement other functions of the Constitutional Court.

24. While implementing the tasks assigned to it, the Division of Legal Research performs the following functions:

24.1. collects, systematises, summarises, and analyses the legal information required for preparing constitutional justice cases and implementing other functions of the Constitutional Court;

24.2. prepares the summaries, surveys, and overviews of the case law of the Constitutional Court, constitutional justice institutions of foreign states, as well as international and national courts;

24.3. taking into consideration the tendencies in the development of constitutional jurisprudence, carries out legal research within the assigned topics and areas;

24.4. prepares statistical and other information about petitions and inquiries received at the Constitutional Court, cases considered at the Constitutional Court, the implementation of the acts of the Constitutional Court, and other issues related to the activity of the Constitutional Court;

24.5. helps to carry out a preliminary investigation into petitions referred to in Article 671 of the Law on the Constitutional Court upon their receipt at the Constitutional Court; prepares the draft notes of the preliminary investigation and submits them to the justice carrying out the preliminary investigation;

24.6. contributes to research into the legal issues raised in constitutional justice cases, carries out the review of the draft acts and other draft documents of the Constitutional Court and, where necessary, prepares such drafts;

24.7. prepares or helps to prepare the draft internal documents of the Constitutional Court; ensures that the prepared drafts are in compliance with the laws and other legal acts of the Republic of Lithuania, as well as with the requirements of the juridical technique;

24.8. prepares or helps to prepare the draft public procurement contracts concluded by the Constitutional Court and ensures that the prepared drafts meet the requirements established in the legal acts regulating public procurement and in other legal acts;

24.9. contributes to the preparation of annual reports on the activity of the Constitutional Court and publications of the Constitutional Court;

24.10. prepares draft answers to complaints, requests, and notices filed by persons with the Constitutional Court;

24.11. submits information to the President, the justices, and the Chancellor of the Constitutional Court, as well as to the state servants and employees of the Office of the Constitutional Court, on the issues assigned to the competence of the Division of Legal Research;

24.12. carries out other assignments of the President and the Chancellor of the Constitutional Court.

 VII. THE DIVISION OF ADMINISTRATION AND PROTOCOL

25. The tasks of the Division of Administration and Protocol are as follows: to contribute to the organisation of the hearings of the Constitutional Court; to ensure the proper reception (service) of persons; to ensure the editing and translation, record-keeping, management, and retention of the acts and other documents of the Constitutional Court; to carry out the tasks related to the publishing activity of the Constitutional Court; and to ensure the organisation of events related to the activity of the Constitutional Court.

26. While implementing the tasks assigned to it, the Division of Administration and Protocol performs the following functions:

26.1. ensures technical services for the hearings of the Constitutional Court;

26.2. carries out the reception of persons and provides service for them at the Constitutional Court; accepts the requests, notices, and complaints of persons and provides information by phone and electronic means;

26.3. registers other received requests and inquiries and makes records in the register about the course of their consideration; keeps the case files received together with the respective petitions and manages the case files of the considered constitutional justice cases; registers the orders of the President and the Chancellor of the Constitutional Court, registers the documents received and sent by the Court, as well as accepts, distributes, and sends the correspondence of the Court;

26.4. keeps the record of documents and coordinates the preparation of the internal legal acts of the Constitutional Court;

26.5. ensures compliance with the requirements of personal data protection;

26.6. edits the language of the acts and other documents of the Constitutional Court, including the acts and other documents sent to other establishments and citizens, so that they meet the requirements of the correct Lithuanian language;

26.7. prepares, edits, designs, and publishes the collections of rulings, conclusions, and decisions adopted by the Constitutional Court, the bulletin of the Constitutional Court, annual reports on the activity of the Constitutional Court, the materials of conferences organised by the Constitutional Court, as well as other publications of the Court;

26.8. creates the design of the publications and information systems of the Constitutional Court;

26.9. ensures the translation of the acts and other documents of the Constitutional Court into foreign languages;

26.10. organises the establishment of priorities in the training of the state servants and employees of the Office of the Constitutional Court; submits proposals in the course of preparing annual plans for the training of the staff of the Court, and organises the implementation of these plans;

26.11. contributes to the development of professional relations with the constitutional justice institutions of foreign states, as well as with the courts of the Republic of Lithuania, courts of foreign states, international courts, and other institutions and organisations;

26.12. ensures the organisation of national and international conferences and other events related to the activity of the Constitutional Court, as well as the reception of foreign delegations and other guests;

26.13. prepares the relevant documents where the Constitutional Court seeks to participate and participates in qualification improvement projects, cooperation projects, and other national and international projects related to the activity of the Court;

26.14. carries out other assignments of the President and the Chancellor of the Constitutional Court. 

 VIII. THE DIVISION OF RESOURCE MANAGEMENT

27. The tasks of the Division of Resource Management are as follows:

27.1. to ensure the lawfulness, economy, efficiency, and effectiveness of the use of the state budget appropriations allocated to the Constitutional Court; to manage accounting and the record-keeping of tangible assets and monetary means; to participate in preparing the documents of strategic activity, public procurement, as well as other planning documents, and ensure their proper implementation;

27.2. to organise and ensure the installation and functioning of modern information and communication systems at the Constitutional Court; to install, administer, and develop computer networks, document management systems, and other information systems at the Court;

27.3. to ensure the security, utilisation, and maintenance of the buildings, other property, premises, and territory of the Constitutional Court, as well as the proper use of the property of the Court; to create the adequate work conditions for the justices of the Constitutional Court and the state servants and employees of the Office of the Court, so that they could properly fulfil their functions.

28. While implementing the tasks assigned to it, the Division of Resource Management performs the following functions:

28.1. forms the accounting policy of the Constitutional Court and participates in its implementation; submits proposals to the Chancellor on issues concerning the accounting policy;

28.2. under the procedure established by legal acts, organises and manages the accounting of the Constitutional Court;

28.3. assesses the need for allocations, prepares the draft budget estimates of the Constitutional Court, and controls and analyses the execution of estimates of the approved programmes;

28.4. ensures that payments for the justices, state servants, and employees of the Constitutional Court, as well as for other persons, are made properly and on time, exercises control over receivable and payable debts, manages the accounting of payable and receivable amounts;

28.5. keeps the record of long-term tangible assets, intangible assets, and short-term assets;

28.6. prepares the sets of financial statements and budget execution statements of the Constitutional Court, as well as statistical and other statements, and submits them to other state institutions under the procedure established by legal acts;

28.7. carries out preliminary and subsequent financial control;

28.8. carries out the planning, as well as keeps record, of public procurement;

28.9. ensures that the internal documents of the Constitutional Court related to public procurement are in compliance with the legal acts in force; provides technical assistance for the subjects initiating, organising, and conducting public procurement (initiator, organiser, and commission of public procurement);

28.10. collects, systematises, and retains the documents related to the performance of the functions of the Division of Resource Management;

28.11. organises the installation of information technologies, the design and development of information communication systems, as well as the creation and management of data bases;

28.12. organises and carries out the maintenance and update of information and communication technology systems at the Constitutional Court by ensuring their proper functioning and security;

28.13. organises the configuration and maintenance of the internet and intranet access and the external and internal email communication system;

28.14. organises the procurement and upgrading of computer equipment, software, and other technical equipment;

28.15. ensures the use of advanced information technologies in the course of conducting the inventory and record-keeping of the tangible assets of the Constitutional Court;

28.16. ensures the technical possibilities for using the systems of legal information;

28.17. ensures the adequate technical possibilities for making audio recordings of the hearings of the Constitutional Court;

28.18. ensures the creation and update of the website of the Constitutional Court and the uploading of data on the website;

28.19. while organising the activity of the library of the Constitutional Court, ensures subscription to periodicals, ordering legal and other relevant literature, lending and returning the publications kept in the library, as well as collects and maintains the stock of publications in the library of the Court;

28.20. consults the justices, as well as the state servants and employees of the Office of the Constitutional Court, on issues concerning the use of the computer and communication technologies and software;

28.21. exercises supervision over the use of the tangible assets of the Constitutional Court; submits proposals to the Chancellor on issues concerning the management, use, and disposal of these assets, as well as concerning the necessity and expediency for the repairs of these assets;

28.22. organises the repairs and reconstruction of the buildings, premises, and engineering systems of the Constitutional Court and exercises control over the quality of such work; carries out the minor repairs of the premises and engineering systems of the Court;

28.23. ensures the maintenance of cleanliness and order on the premises of the Constitutional Court and in the territory allocated to the buildings of the Constitutional Court;

28.24. arranges that the work-rooms, rooms assigned for sittings or hearings, and other premises of the Constitutional Court are supplied with office furniture and general equipment;

28.25. organises the security of the buildings, premises, and territory of the Constitutional Court, including control over access to the buildings, premises, and territory of the Constitutional Court;

28.26. organises that the requirements for fire safety, civil protection, also safety and health at work, are implemented at the Constitutional Court and ensures that these requirements are complied with;

28.27. ensures, organises, and properly carries out the use, repair, and maintenance of the official cars of the Constitutional Court, as well as keeps record of the fuel use of the official cars;

28.28. carries out other assignments of the President and the Chancellor of the Constitutional Court.

IX. FINAL PROVISIONS

29. The functions of the state servants and employees of the Office of the Constitutional Court are set out in the descriptions for their positions. The descriptions for the positions of the state servants and employees of the Office of the Constitutional Court and the lists of these descriptions are approved by the Chancellor of the Constitutional Court.

30. The internal (work) procedure of the Constitutional Court is regulated by the Rules of Internal Procedure of the Constitutional Court, which are approved by the President of the Constitutional Court.

31. The Regulations of the Office of the Constitutional Court are amended by a decision of the Constitutional Court.