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The Rules of the Constitutional Court

Content updated: 21-11-2019 16:13

Consolidated version as of 07-09-2019

The decision was published: Valstybės žinios (Official Gazette) 2004, No 38-1237; Valstybės žinios (Official Gazette) 2004, No 57-0, identification code 1041000SPRERG041467

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

D E C I S I O N
ON THE APPROVAL OF THE RULES OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

5 March 2004
Vilnius

 

The Constitutional Court of the Republic of Lithuania, composed of the Justices of the Constitutional Court: Armanas Abramavičius, Egidijus Jarašiūnas, Egidijus Kūris, Kęstutis Lapinskas, Zenonas Namavičius, Augustinas Normantas, Jonas Prapiestis, Vytautas Sinkevičius, Stasys Stačiokas

The court reporter – Daiva Pitrėnaitė

The Constitutional Court, in its organisational sitting, considered the Rules of the Constitutional Court of the Republic of Lithuania, prepared by the working group.

Conforming to Article 3 of the Law on the Constitutional Court, the Constitutional Court adopts the following

decision:

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

2. To recognise that, upon the entry into force of the Rules of the Constitutional Court, the following decisions of the Constitutional Court are no longer valid:

1) the decision of the minutes of 18 August 1993;

2) the decision of the minutes of 24 August 1993;

3) the decision of the minutes of 2 September 1993;

4) the decision of the minutes of 11 January 1995;

5) the decision of the minutes of 12 March 1998;

6) the decision of the minutes of 4 February 1999;

7) the decision of the minutes of 12 September 2000;

8) the decision of the minutes of 6 March 2001;

9) the decision of 27 February 2002;

10) the decision of 6 March 2002;

11) the decision of 1 July 2002.

3. To publish this decision of the Constitutional Court and the Rules of the Constitutional Court in Valstybės žinios (Official Gazette) and on the website of the Constitutional Court.

 

Justices of the Constitutional Court                Armanas Abramavičius

Egidijus Jarašiūnas

Egidijus Kūris

Kęstutis Lapinskas

Zenonas Namavičius

Augustinas Normantas

Jonas Prapiestis

Vytautas Sinkevičius

Stasys Stačiokas

 

APPROVED BY
the Constitutional Court’s decision of 5 March 2004
(wording of the Constitutional Court’s decision no 17B-3 of 31 August 2015)

 

THE RULES OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

CHAPTER I
GENERAL PROVISIONS

Amendment to the title of the Chapter:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

1. The tasks, powers, and work procedure of the Constitutional Court of the Republic of Lithuania (hereinafter referred to as the Constitutional Court or the Court) are established by the Constitution of the Republic of Lithuania and the Law on the Constitutional Court of the Republic of Lithuania.

2. The Rules of the Constitutional Court of the Republic of Lithuania (hereinafter referred to as the Rules) regulate the organisation of the work of the Constitutional Court, the ethics (professional conduct) of the justices of the Constitutional Court, the structure of the Office of the Constitutional Court, the development of international relations, the preparation and consideration of constitutional justice cases, the publication of acts adopted by the Constitutional Court, and other issues related to the activity of the Court.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

3. Issues concerning the approval and amendment of the Rules are considered and decided at the organisational sittings of the Court. These sittings are valid only when at least half of all the justices of the Constitutional Court are present.

4. The Rules are approved and amended by the decision of the Constitutional Court adopted by a majority vote of the justices of the Constitutional Court present at the sitting.

CHAPTER II
THE ORGANISATION OF THE WORK OF THE CONSTITUTIONAL COURT

SECTION I
THE GENERAL ISSUES CONCERNING THE ORGANISATION OF THE WORK OF THE JUSTICES OF THE CONSTITUTIONAL COURT

5. The working hours per day are not fixed for the justices of the Constitutional Court. Where necessary, the justices may work during days off.

6. The justices of the Constitutional Court normally perform their educational or creative work outside their working hours at the Court. Educational or creative work may not be performed at the time designated for the sittings of the Court.

7. The activities of the justices of the Constitutional Court that are not related to the duties of the justices of the Constitutional Court must not hinder them in performing their direct duties at the Court.

8. The justices of the Constitutional Court, insofar as the possibilities of the Court allow, participate in international conferences, seminars, and other professional and international cooperation events, as well as familiarise themselves with the work experience of the constitutional review institutions of other states and international institutions.

SECTION II
THE TYPES OF SITTINGS OF THE CONSTITUTIONAL COURT

9. The Constitutional Court can hold organisational and procedural sittings, as well as judicial hearings.

10. At judicial hearings, the Constitutional Court hears constitutional justice cases subsequent to petitions and inquiries accepted for consideration at the Constitutional Court, as well as considers petitions requesting the interpretation of the rulings, conclusions, and decisions adopted by the Constitutional Court. Judicial hearings are held in accordance with the procedure established in the Law on the Constitutional Court and Chapter VIII of these Rules.

SECTION III
THE GENERAL PROVISIONS CONCERNING THE ORGANISATION OF ORGANISATIONAL AND PROCEDURAL SITTINGS

11. As a rule, organisational and procedural sittings are held on Tuesdays, Wednesdays, and Thursdays. Procedural sittings concerning the admissibility of petitions referred to in Article 671 of the Law on the Constitutional Court are, as a rule, held on Wednesdays. Where necessary, the Constitutional Court or the President of the Constitutional Court may decide otherwise.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

12. The justices who are unable to participate in a sitting due to important reasons must notify the President of the Constitutional Court as soon as possible. The justices who are unable to participate in a sitting may submit their opinions in writing on the issues to be considered at the sitting and these opinions must be announced during the sitting.

13. In the course of preparing for the sittings of the Constitutional Court, time is allocated for the individual work of the justices – the preparation of cases assigned to them for judicial consideration, as well as familiarisation with the material to be considered at a procedural sitting of the Court.

14. A sitting is chaired by the President of the Constitutional Court; in his absence, a sitting is chaired by the justice who is temporarily acting for the President of the Constitutional Court. Where the President of the Constitutional Court or the justice who is temporarily acting for the President of the Constitutional Court is, at the same time, the justice-rapporteur, a sitting is chaired by another justice who is appointed by the President of the Constitutional Court or who is appointed by the justice temporarily acting for the President of the Constitutional Court.

15. The issues for consideration at a sitting are proposed by the President and justices of the Constitutional Court. The chairperson of a sitting submits the agenda of the sitting. The justices have the right to propose amendments or supplements to the agenda. The agendas and schedules of organisational sittings are established by the Constitutional Court. As a rule, the agendas and schedules of procedural sittings for the forthcoming week are established by the President of the Constitutional Court.

16. The items on the agenda are considered in consecutive order. By common agreement, the Court may change the sequence of the items under consideration.

17. Upon the decision of the President of the Constitutional Court or the decision of the Court, the state servants and employees of the Court, scientists, specialists, and other persons may be requested to attend organisational and procedural sittings.

18. After the discussion, the chairperson of a sitting may formulate the main theses and conclusions and, where necessary, alternatives in relation to the discussed issues.

19. Decisions on issues considered at organisational and procedural sittings are adopted by a majority vote of the justices present at the sitting. The chairperson of the sitting counts the votes given for and against the decision.

20. The justices who did not participate in a sitting are informed about the decisions adopted by the Court.

21. The state servants and employees of the Court, other state institutions and/or officials, as well as the mass media, are informed about the adopted decisions if the Court so decides.

SECTION IV
THE PROCEDURAL SITTINGS OF THE CONSTITUTIONAL COURT

22. At procedural sittings, the Constitutional Court decides questions proposed by the President of the Constitutional Court concerning the admissibility of applications, requests by persons referred to in the fourth paragraph of Article 106 of the Constitution to suspend the execution of the decision of the court and requests by these persons to renew the missed time limit for filing a petition, also concerning the preparation and consideration of cases, as well as all refusals to accept applications for consideration, issues concerning the preparation, joinder, and separation of cases, other questions of preparation for judicial hearings, and disagreements between the justices and the President of the Constitutional Court concerning the admissibility of applications. At procedural sittings, the Constitutional Court also decides the question of compensation for expenses referred to in the second paragraph of Article 39 of the Law on the Constitutional Court if this question was not resolved in the respective ruling of the Constitutional Court.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

23. The chairperson of a sitting introduces each item on the agenda and gives the floor to the rapporteur. After his speech, the rapporteur may be asked questions.

24. As a rule, the floor is given, or questions are asked, in turn. It is allowed to speak out of turn only with the permission of the chairperson of the sitting. The priority to speak out of turn should be given to the rapporteur.

25. As a rule, a draft decision regarding the considered item of the agenda is submitted either by the rapporteur or the chairperson of the sitting. The justices may submit alternative draft decisions.

26. At procedural sittings, either oral or written decisions may be adopted. A written decision specifies the date of the sitting, the justices who participated in the sitting, the considered issue and, where necessary, the reasoning of the decision, as well as the adopted decision. The written decisions of the Court are signed by all the justices who participated in the sitting.

27. Minutes are taken during procedural sittings. The minutes indicate the date of the sitting, the number of the minutes, the justices and other persons who participated in the sitting, the agenda, as well as the speakers on particular issues, and specify the adopted decision. The draft minutes are prepared for signing not later than on the second working day after the sitting.

28. The minutes of a procedural sitting are signed by the chairperson of the sitting and the state servant of the Office of the Constitutional Court who performs the functions of the court reporter.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

SECTION V
THE ORGANISATIONAL SITTINGS OF THE CONSTITUTIONAL COURT

29. At organisational sittings, the most important issues connected with the organisation of the work of the Constitutional Court, the structure of the Office of the Constitutional Court (hereinafter also referred to as the Office of the Court), the development of international relations, as well as other issues essential for ensuring the activity of the Court, are considered and decided, and an estimate of the expenditure of the Constitutional Court for the financial year concerned is presented.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

30. As a rule, at organisational sittings, oral decisions are adopted. Written decisions may be adopted at organisational sittings if the Court so decides. Where necessary for the purposes of an investigation into certain issues or the preparation of such issues for consideration, the Constitutional Court may set up ad hoc commissions or working groups.

31. Minutes may be taken at organisational sittings if the Constitutional Court so decides.

CHAPTER III
THE ETHICS (PROFESSIONAL CONDUCT) OF THE JUSTICES

32. The justices follow only the Constitution and obey only the Constitution and laws not in conflict with it.

33. The justices enjoy the independence conferred on them by the Constitution. While in office, the justices are independent of any state or municipal institutions or their officials, private persons or organisations, political parties, the public or its groups, or the mass media. The independence of the justices includes obligations.

34. The justices must protect the honour and prestige of their profession and may not violate human rights or dignity. The justices must behave in such a way that would not degrade the name of judges.

35. While in office, the justices may not express their attitudes as regards the gender, age, race, nationality, language, origin, belief, convictions or views, sexual orientation, or social status of a person and, thus, may not create any preconditions for discriminating against persons or granting privileges to them on these or other grounds.

36. While in office, the justices must be impartial. When hearing the persons participating in the proceedings, the justices must be equally attentive to all of them, but must be strict with regard to the offenders of the established procedure. Outside the judicial proceedings, the justices must avoid conversations with the participants in the proceedings about the case under consideration, except in cases where the justices summon the participants in the proceedings to the Court and question them in the course of the preparation of the case for the judicial hearing. When considering cases, the justices must not submit to any influence from state authorities or governance institutions, officials, political parties or political organisations, the mass media, the public or its groups, or individual citizens.

37. The justices must thoroughly examine the substance of a case under consideration, avoid hastiness and superficiality, and must not delay preparing and considering a case. The justices pay a lot of attention to the manner of conducting proceedings and the proper use of the language, and they are precise and punctual. During the sittings of the Court, the justices are official, correct, patient, and courteous.

38. The justices have no right to publicly express their opinion concerning the substance of an issue that is under consideration or is accepted for consideration at the Constitutional Court.

39. The justices may not disclose any confidential information received in the course of the preparation and consideration of cases and must preserve the secrecy of the deliberation room.

40. The justices may not accept any presents or any other signs of favour or receive any other services where such presents, signs of favour, or services are offered, or could be treated to have been offered, in order to influence the course of a case under consideration or a case accepted for consideration, or in order to influence the decision in a case.

41. Where they believe that there are circumstances specified in the first paragraph of Article 48 of the Law on the Constitutional Court, which may raise reasonable doubts as to their impartiality in preparing a case for the judicial hearing or in considering a case, the justices must in writing state this and request the Constitutional Court to decide the question of their self-disqualification from the proceedings.

If the circumstances specified in the first paragraph of Article 48 of the Law on the Constitutional Court become apparent during a preliminary investigation into a received petition or inquiry, the justices concerned must in writing state this and request the President of the Constitutional Court to decide the question of their self-disqualification from the proceedings. Upon submission by the President of the Constitutional Court, the disqualification of a justice from a preliminary investigation into a petition or inquiry may be decided by the Constitutional Court.

Amendments to the Item:
No 17B-1, 31-10-2018, published in the Register of Legal Acts 31-10-2018, identification code 2018-17528

42. The justices may not hold any other elective or appointive office, may not work in any business, commercial, or other private establishments or enterprises, and may not engage in self-employment activities under a business licence or certificate. The justices may perform educational or creative work, may hold the duties of a judge of an international court in the cases provided for under the international treaties of the Republic of Lithuania, and may participate in support projects funded by the European Union, other international organisations, or foreign states, or projects under the Lithuanian Development Cooperation and Democracy Promotion Programme, where such projects are related to improving the system of justice and the activity of courts and are aimed at contributing to the partnership of other states with the European Union or NATO or contributing to the integration of these states into the said organisations by promoting the dissemination of universal values and those of democratic states and the principles of European Union law. The justices may participate only in activities that are compatible with judicial impartiality and independence and these activities must not hinder the proper and effective administration of justice. Any administrative duties at educational, scientific, or creative establishments are incompatible with the office of a justice of the Constitutional Court. The justices may not act as counsel for the defence or as representatives of any other enterprises, establishments, organisations, or persons.

In addition, the justices may not receive any remuneration other than the remuneration established for judges and the payment for their educational or creative activities. The justices may receive remuneration for participating in the projects referred to in this Item of the Rules only if they are engaged in educational or creative activities while participating in these projects. The justices may also receive the remuneration of a judge of an international court (in cases where they combine the duties of a justice of the Constitutional Court and those of a judge of an international court); however, they are not allowed to receive the remuneration of a justice of the Constitutional Court at the same time.

Amendments to the Item:
No 17B-1, 31-10-2018, published in the Register of Legal Acts 31-10-2018, identification code 2018-17528

43. The justices may not participate in the activities of political parties or political organisations, or in any other political activity. The justices may not publicly express their political convictions or engage in political agitation.

44. The justices show solidarity in defending their colleague against unreasonable criticism.

CHAPTER IV
THE OFFICE OF THE CONSTITUTIONAL COURT

Amendment to the title of the Chapter:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

45. The Constitutional Court has the Office, which ensures the provision of administrative, informational, economic, financial, and technical services at the Constitutional Court, develops international relations, and performs the assignments of the justices in relation to the implementation of the functions of the justices.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

46. The structure and the Regulations of the Office of the Constitutional Court are approved by the Constitutional Court.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

47. The following structure of the Office of the Constitutional Court is established:

47.1. the Chancellor;

47.2. advisers to the President and other state servants directly subordinate to the President or the Chancellor;

47.3. judicial assistants;

47.4. the Division of Legal Research;

47.5. the Division of Administration and Protocol;

47.6. the Division of Resource Management.

Amendments to the Item:
No 17B-1, 31-10-2018, published in the Register of Legal Acts 31-10-2018, identification code 2018-17528
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

48. The tasks, functions, and the organisation of the activity of the Office and its structural units are established in the Regulations of the Office of the Constitutional Court.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

CHAPTER V
INTERNATIONAL RELATIONS

49. The Constitutional Court is a full member of the World Conference on Constitutional Justice, the Conference of European Constitutional Courts, and the Association of Constitutional Justice of the Countries of the Baltic and Black Sea Regions and performs the obligations arising from these memberships.

Amendments to the Item:
No 17B-1, 31-10-2018, published in the Register of Legal Acts 31-10-2018, identification code 2018-17528

50. The Constitutional Court maintains professional relations with the constitutional courts of other states, other supreme judicial institutions, as well as with international courts and respective international organisations.

For this purpose, the Constitutional Court organises conferences, seminars, and other professional events and invites judges and employees from the constitutional review institutions of foreign states to share work experience.

The Constitutional Court, together with other supreme judicial institutions, international courts, or respective international organisations, may participate in international projects related to its activity.

51. The main principles and directions for developing international relations are established by the President of the Constitutional Court. The issues related to commissioning the justices, state servants, and employees of the Constitutional Court to travel abroad on official assignments are also decided by the President of the Constitutional Court.

52. The Chancellor of the Constitutional Court organises the development of international relations and acts as the Secretary General (the highest-standing state servant at the Office of the Constitutional Court who is responsible for the development of international relations).

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

CHAPTER VI
APPLICATIONS TO THE CONSTITUTIONAL COURT AND THEIR PRELIMINARY INVESTIGATION

SECTION I
GENERAL PROVISIONS

Amendment to the title of the Section:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

53. Applications to the Constitutional Court comprise petitions and inquiries.

54. The following may be filed with the Constitutional Court:

54.1. petitions requesting an investigation into the compliance of laws amending the Constitution, or the compliance of constitutional laws, with the Constitution;

54.2. petitions requesting an investigation into the compliance of laws with the Constitution or constitutional laws;

54.3. petitions requesting an investigation into the compliance of the Statute of the Seimas with the Constitution or constitutional laws;

54.4. petitions requesting an investigation into the compliance of substatutory legal acts adopted by the Seimas with the Constitution, constitutional laws, laws, or the Statute of the Seimas;

54.5. petitions requesting an investigation into the compliance of the acts of the President of the Republic with the Constitution, constitutional laws, or laws;

54.6. petitions requesting an investigation into the compliance of the acts of the Government with the Constitution, constitutional laws, or laws;

54.7. petitions requesting the interpretation of a ruling, conclusion, or decision of the Constitutional Court.

55. Inquiries are filed with the Constitutional Court when there is a request for a conclusion on:

55.1. whether election laws were violated during an election of the President of the Republic or an election of the members of the Seimas;

55.2. whether the state of health of the President of the Republic allows him to continue to hold office;

55.3. whether the international treaties of the Republic of Lithuania are in conflict with the Constitution;

55.4. whether the concrete actions of the members of the Seimas or state officials against whom an impeachment case has been instituted are in conflict with the Constitution.

56. Under the Constitution, upon application by the subjects specified in Article 106 of the Constitution, the Constitutional Court has the powers to and must investigate and adopt decisions as to whether a constitutional law or a law is in conflict with the Constitution, as well as whether a substatutory legal act adopted by the Seimas, an act of the President of the Republic, or an act of the Government is in conflict with the Constitution, constitutional laws, or laws, irrespective of whether the legal act concerned is (could be) classified top secret or is (could be) given another security classification.

57. The Seimas applies to the Constitutional Court by submitting its resolution in cases where it requests an investigation into whether a constitutional law is in conflict with the Constitution, whether a law is in conflict with the Constitution or constitutional laws, whether the Statute of the Seimas is in conflict with the Constitution or constitutional laws, whether a substatutory legal act adopted by the Seimas is in conflict with the Constitution, constitutional laws, or laws, whether an act of the President of the Republic is in conflict with the Constitution, constitutional laws, or laws, or whether an act of the Government is in conflict with the Constitution, constitutional laws, or laws. The reasoning on which the request is based is set out in the resolution of the Seimas (attachments thereto) or documents accompanying the resolution of the Seimas.

The Seimas also applies to the Constitutional Court by submitting its resolution in cases where it requests the interpretation of a ruling, conclusion, or decision of the Constitutional Court. The reasoning on which the request is based may be set out in the resolution of the Seimas (attachments thereto) or documents accompanying the resolution of the Seimas.

58. Under Paragraphs 1, 2, and 3 of Article 106 of the Constitution, 1/5 of all the members of the Seimas may apply to the Constitutional Court with a petition. The specified group of “1/5 of all the members of the Seimas” comprises not less than 29 members of the Seimas.

59. A petition of a group of members of the Seimas must be signed by all the members of the Seimas who submit the petition; the names (or first letters of the names) and surnames of the members of the Seimas who submit the petition must be clearly indicated. The list of the members of the Seimas who sign the petition must be legible and neat; it may not contain any unexplained crossings out or corrections.

60. When approving the signatures of the members of the Seimas by his signature, the Speaker of the Seimas or a Deputy Speaker of the Seimas indicates the number of the approved signatures and the date of their approval. The date of the approval of the said signatures may not be earlier than the date on which the respective petition is drawn up.

Amendments to the Item:
No 17B-1, 31-10-2018, published in the Register of Legal Acts 31-10-2018, identification code 2018-17528

61. The Government applies to the Constitutional Court by submitting its resolution in cases where it requests an investigation into whether a constitutional law is in conflict with the Constitution, whether a law is in conflict with the Constitution or constitutional laws, whether the Statute of the Seimas is in conflict with the Constitution or constitutional laws, whether a substatutory legal act adopted by the Seimas is in conflict with the Constitution, constitutional laws, or laws, as well as where it requests the interpretation of a ruling, conclusion, or decision of the Constitutional Court. The reasoning on which the request is based is set out in the resolution of the Government (attachments thereto) or documents accompanying the resolution of the Government.

62. The President of the Republic applies to the Constitutional Court by submitting his decree in cases where he requests an investigation into the compliance of the acts of the Government with the Constitution, constitutional laws, or laws, as well as where he requests the interpretation of a ruling, conclusion, or decision of the Constitutional Court. The reasoning on which the request is based is set out in the decree (attachments thereto) or documents accompanying the decree of the President of the Republic.

63. The Supreme Court of Lithuania, the Court of Appeal of Lithuania, regional and district courts, the Supreme Administrative Court of Lithuania, and regional administrative courts apply to the Constitutional Court by submitting their respective orders in cases where they request an investigation into whether a constitutional law is in conflict with the Constitution, whether a law is in conflict with the Constitution or constitutional laws, whether the Statute of the Seimas is in conflict with the Constitution or constitutional laws, whether substatutory legal acts adopted by the Seimas are in conflict with the Constitution, constitutional laws, or laws, whether the acts of the President of the Republic are in conflict with the Constitution, constitutional laws, or laws, or whether the acts of the Government are in conflict with the Constitution, constitutional laws, or laws.

631. Persons referred to in the fourth paragraph of Article 106 of the Constitution, in cases where they request an investigation into whether a constitutional law is in conflict with the Constitution, whether a law is in conflict with the Constitution or constitutional laws, whether the Statute of the Seimas is in conflict with the Constitution or constitutional laws, whether substatutory legal acts adopted by the Seimas are in conflict with the Constitution, constitutional laws, or laws, whether the acts of the President of the Republic are in conflict with the Constitution, constitutional laws, or laws, or whether the acts of the Government are in conflict with the Constitution, constitutional laws, or laws, apply to the Constitutional Court by submitting a decision that was adopted on the basis of the impugned legal acts and has possibly violated the constitutional rights or freedoms of the person filing the petition with the Constitutional Court. The petition of the said person must be signed. The petition must contain the address at which the petitioner will be served with the procedural documents if this address does not coincide with the address of the place of residence (domicile). At the request of the petitioner, the procedural documents may also be submitted by electronic means of communication.

The Rules were supplemented with this Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

 

64. The Seimas applies to the Constitutional Court by submitting its resolution in the event of an inquiry requesting a conclusion on any of the issues specified in Article 73 of the Law on the Constitutional Court.

A resolution of the Seimas in the event of an inquiry into whether the concrete actions of the members of the Seimas or state officials against whom an impeachment case has been instituted are in conflict with the Constitution is submitted together with the attached conclusions of the special commission set up by the Seimas for an investigation into the reasonableness of the charges brought against the said persons, as well as with the evidence supporting these conclusions, and other material.

65. The President of the Republic applies to the Constitutional Court by submitting an inquiry, set out in a decree of the President of the Republic, in cases concerning the compliance of an international treaty of the Republic of Lithuania with the Constitution and concerning the violation of election laws during an election of the members of the Seimas.

66. Inquiries into whether election laws were violated in a specific constituency in the course of preparing and holding an election of the President of the Republic or an election of the members of the Seimas may be filed with the Constitutional Court not later than within three days of the official publication of the final election results in the constituency concerned or the official publication of the decision of the Central Electoral Commission on the availability or filling of a vacant seat of a member of the Seimas.

67. A ruling, conclusion, or decision of the Constitutional Court is interpreted upon the petition of the subjects specified in the first paragraph of Article 60 of the Law on the Constitutional Court, as well as on the initiative of the Constitutional Court itself.

The Constitutional Court does not interpret its rulings, conclusions, or decisions upon the petition of any other subjects.

68. The text of the impugned legal act (part thereof) as published in the Register of Legal Acts or another official source is attached to a petition requesting an investigation into whether a constitutional law is in conflict with the Constitution, whether a law is in conflict with the Constitution or constitutional laws, whether the Statute of the Seimas is in conflict with the Constitution or constitutional laws, whether a substatutory legal act adopted by the Seimas is in conflict with the Constitution, constitutional laws, or laws, whether an act of the President of the Republic is in conflict with the Constitution, constitutional laws, or laws, or whether an act of the Government is in conflict with the Constitution, constitutional laws, or laws. If the impugned legal act is not published in the Register of Legal Acts or another official source, the text of the impugned legal act (part thereof) as published in other sources and/or published in other ways is attached to the petition.

A copy of the anonymised orders by which the Supreme Court of Lithuania, the Court of Appeal of Lithuania, regional and district courts, the Supreme Administrative Court of Lithuania, and regional administrative courts apply to the Constitutional Court is attached to the respective petitions filed by these courts with the Constitutional Court.

The following is attached to a petition of a person referred to in the fourth paragraph of Article 106 of the Constitution: the original of the decision that has possibly violated the constitutional rights or freedoms of the person filing the petition, or a copy, certified in accordance with the procedure established in legal acts, of this decision; as well as a copy, certified in accordance with the procedure established in legal acts, of the final and non-appealable court decision proving that, before applying to the Constitutional Court, the person has exhausted all remedies provided for by law for defending his constitutional rights or freedoms.

The whole text of the ruling, conclusion, or decision of the Constitutional Court is attached to a petition requesting the interpretation of this ruling, conclusion, or decision of the Constitutional Court. Such a text is considered to be the text of the particular ruling, or the text of the particular decision on the interpretation of a ruling of the Constitutional Court, as this ruling or decision is published in the Register of Legal Acts or another official source. The text of a conclusion or another decision of the Constitutional Court is considered to be the text of the particular conclusion or another decision of the Constitutional Court as published on the website of the Constitutional Court.

The following text is considered to be a copy of the whole text of an international treaty referred to in Item 1 of the fourth paragraph of Article 76 of the Law on the Constitutional Court:

1) where an international treaty was ratified and was published in the Register of Legal Acts or another official source – the text of the international treaty as published in the Register of Legal Acts or another official source;

2) where a conclusion on the compliance of an international treaty with the Constitution is requested prior to the ratification of the international treaty in the Seimas – a copy of the text of the international treaty as submitted by the subjects who are specified in the fifth paragraph of Article 106 of the Constitution and have the right to request a conclusion of the Constitutional Court.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

 

69. In their petitions, petitioners must provide legal reasoning substantiating their doubts concerning the compliance of a constitutional law, a law, the Statute of the Seimas, a substatutory legal act adopted by the Seimas, an act of the President of the Republic, or an act of the Government with the Constitution, concerning the compliance of a law with constitutional laws, concerning the compliance of a substatutory legal act adopted by the Seimas with constitutional laws or laws, or concerning the compliance of an act of the President of the Republic or an act of the Government with constitutional laws or laws.

70. Under the fourth paragraph of Article 69 of the Law on the Constitutional Court, the annulment of an impugned legal act constitutes a ground for adopting a decision to dismiss the instituted legal proceedings.

Where courts, in the course of the consideration of cases, face doubts and address the Constitutional Court as to whether a constitutional law is in compliance with the Constitution, whether a law is in compliance with the Constitution or constitutional laws, whether the Statute of the Seimas is in compliance with the Constitution or constitutional laws, whether a substatutory legal act adopted by the Seimas is in compliance with the Constitution, constitutional laws, or laws, whether an act of the President of the Republic is in compliance with the Constitution, constitutional laws, or laws, or whether an act of the Government is in compliance with the Constitution, constitutional laws, or laws, the Constitutional Court has the duty to consider the petition of an applying court, irrespective of whether the impugned legal act is in force or is annulled.

Where applications are filed with the Constitutional Court not by courts, but by other subjects specified in Article 106 of the Constitution, the Constitutional Court, after taking into account the circumstances of the case, has the right to dismiss the instituted legal proceedings.

SECTION II
FILING APPLICATIONS IN ELECTRONIC FORM BY ELECTRONIC MEANS OF COMMUNICATION

71. Petitions and inquiries, as well as attachments thereto, may be filed with the Constitutional Court by electronic means of communication through the national information system for the delivery of electronic messages and electronic documents using post infrastructure (eDelivery) or through the State Information Resources Interoperability Platform (SIRIP) in electronic form conforming to the specification ADOC of electronic documents signed with electronic signatures.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

 

72. The head of a state institution that has the right to apply to the Constitutional Court signs a petition or inquiry by a qualified electronic signature. A petition filed in electronic form by electronic means of communication by a group of members of the Seimas is approved by the Speaker of the Seimas or a Deputy Speaker of the Seimas by a qualified electronic signature. Petitions by the Supreme Court of Lithuania, the Court of Appeal of Lithuania, regional and district courts, the Supreme Administrative Court of Lithuania, and regional administrative courts are filed in electronic form by electronic means of communication after they are signed by a qualified electronic signature of the judge (or the chairperson of the panel) who has passed the respective order on applying to the Constitutional Court.

A petition referred to in Article 671 of the Law on the Constitutional Court, if it is filed in electronic form by electronic means of communication, must be signed by the person filing the petition or his representative by a qualified electronic signature.

After verifying that a received application is signed by a qualified electronic signature, the authorised state servant or employee of the Office of the Constitutional Court registers the application.

Petitions and inquiries, as well as attachments thereto, that are filed with the Constitutional Court by other electronic means of communication (e.g. by email) are considered to be not signed.

Amendments to the Item:
No 17B-1, 31-10-2018, published in the Register of Legal Acts 31-10-2018, identification code 2018-17528
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

 

73. Petitions and inquiries, including attachments thereto, filed with the Constitutional Court in electronic form by electronic means of communication must meet the requirements that are established in the Law on the Constitutional Court and these Rules with regard to the content and form of petitions and inquiries, as well as attachments thereto.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

SECTION III
THE REGISTRATION AND INITIAL REVIEW OF APPLICATIONS

74. Applications filed with the Constitutional Court by persons referred to in the fourth paragraph of Article 106 of the Constitution and other subjects specified in Article 106 of the Constitution are registered in separate registers according to the time of their receipt at the Constitutional Court. The state servant or employee of the Office of the Constitutional Court who registers petitions establishes the identity of persons filing a petition or inquiry and verifies the authorisations of their representatives.

Petitions that are anonymous (not signed) are not registered and, where possible, are returned to the persons having filed them.

Amendments to the Item:
No 17B-1, 31-10-2018, published in the Register of Legal Acts 31-10-2018, identification code 2018-17528
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

 

75. A petition requesting an investigation into whether a constitutional law, a law, a substatutory legal act adopted by the Seimas, an act of the President of the Republic, or an act of the Government is in conflict with the Constitution, or whether a substatutory legal act adopted by the Seimas, an act of the President of the Republic, or an act of the Government is in conflict with a constitutional law or a law, may be withdrawn before the case is assigned for consideration at a judicial hearing.

76. A petition requesting the interpretation of a ruling, conclusion, or decision of the Constitutional Court may be withdrawn before a judicial hearing is assigned.

77. An inquiry concerning a conclusion of the Constitutional Court may be withdrawn before the beginning of consideration at a hearing of the Constitutional Court.

78. The President of the Constitutional Court issues an ordinance on the consent or refusal to withdraw a petition or inquiry; the ordinance is sent to the petitioner and is handed to the justices of the Constitutional Court.

SECTION IV
THE DISTRIBUTION OF APPLICATIONS AND THEIR PRELIMINARY INVESTIGATION

79. The President of the Constitutional Court evenly distributes work to the justices – usually according to the alphabetical order of their surnames. Depending on particular circumstances, a case may be assigned to a justice under a different procedure.

80. The seven-day period, established in the first paragraph of Article 29 of the Law on the Constitutional Court, during which a justice of the Constitutional Court must be appointed to start a preliminary investigation begins on the day following the day on which the Constitutional Court receives the petition or inquiry.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

 

81. When appointing a justice or several justices to carry out a preliminary investigation into an application, the President of the Constitutional Court sets a time limit for this work, which usually does not exceed 10 working days. Having completed a preliminary investigation, a justice draws up a note.

A time limit that usually does not exceed 20 working days is set for a preliminary investigation into petitions referred to in Article 671 of the Law on the Constitutional Court. Upon approval by the President of the Constitutional Court for the proposal of the justice carrying out a preliminary investigation to set a time limit for the removal of the deficiencies of the petition and/or attachments thereto, the time limit set for the preliminary investigation is suspended from the day on which the ordinance of the President of the Constitutional Court concerning the removal of deficiencies is adopted. Where a petitioner applies to the Constitutional Court after the deficiencies of the petition and/or attachments thereto have been removed or where a time limit set by the President of the Constitutional Court for removing the deficiencies of the petition and/or attachments thereto expires, the instituted preliminary investigation is continued and the time limit set for carrying it out is further counted from the day following the day on which the Constitutional Court receives the said application of the petitioner or from the day following the day on which the time limit set by the President of the Constitutional Court for removing the deficiencies of the petition and/or attachments thereto expires.

Where necessary, an additional time limit, but which usually does not exceed 10 working days, may be set for completing a preliminary investigation into a petition.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

 

82. The three-day period, established in the first paragraph of Article 26 of the Law on the Constitutional Court, during which a preliminary investigation into the material must be carried out and the issue of whether to accept the petition for consideration at the Constitutional Court must be settled at a procedural sitting is counted in calendar days; this period begins on the day following the day on which the Constitutional Court receives a decree of the President of the Republic in which a submission is set out for an investigation into the compliance of an act of the Government with the Constitution, a constitutional law, or a law, or on the day following the day on which the Constitutional Court receives a resolution of the Seimas requesting an investigation into whether a constitutional law, a law, the Statute of the Seimas, a substatutory legal act adopted by the Seimas, an act of the President of the Republic, or an act of the Government is in conflict with the Constitution, or whether a substatutory legal act adopted by the Seimas, an act of the President of the Republic, or an act of the Government is in conflict with constitutional laws or laws.

83. When investigating the material assigned to them, the justices must also ascertain whether any other petitions requesting an investigation into the constitutionality of other articles (paragraphs) of the same legal act have been received at the Constitutional Court and whether there are any grounds, established in Article 41 of the Law on the Constitutional Court, for joining the petitions into one case or separating the received petition into individual cases.

SECTION V
DECISIONS CONCERNING APPLICATIONS AFTER A PRELIMINARY INVESTIGATION

84. After carrying out a preliminary investigation and the necessary preparatory actions, a justice draws up a note with proposals and, in accordance with Article 25 of the Law on the Constitutional Court, informs the President of the Constitutional Court about it where he proposes that the petition or inquiry be accepted or that it be returned to the petitioner on the grounds established in Articles 70 and 81 of the Law on the Constitutional Court.

85. In cases where a justice finds out that there are grounds, established in Articles 69 or 80 of the Law on the Constitutional Court, for refusing to accept a petition or inquiry for consideration, he indicates this in the note and proposes that a decision to refuse the consideration of the petition or inquiry be adopted at a procedural sitting of the Constitutional Court.

86. In cases where disagreements arise between the justice and the President of the Constitutional Court concerning the issues indicated in Item 84 of these Rules, such issues are referred for consideration and settlement at a procedural sitting of the Constitutional Court. The issues indicated in Item 84 of these Rules may also be referred for consideration and settlement at a procedural sitting of the Constitutional Court upon the proposal of the President of the Constitutional Court.

87. After carrying out a preliminary investigation, a justice may propose in his note that the Constitutional Court join the petitions into one case or separate the received petition into individual cases where there are grounds established in Article 41 of the Law on the Constitutional Court.

CHAPTER VII
THE COMMENCEMENT OF A CASE AND ITS PREPARATION FOR A JUDICIAL HEARING

SECTION I
THE COMMENCEMENT OF A CASE AND ITS ASSIGNMENT TO A JUSTICE

88. A constitutional justice case is started after the President of the Constitutional Court issues a respective ordinance or the Constitutional Court adopts a decision to accept a petition or inquiry and to begin the preparation of the case for a hearing of the Constitutional Court.

89. By his ordinance, the President of the Constitutional Court appoints a justice (justices) to prepare a case for a judicial hearing. As a rule, the preparation of a case is assigned to the justice who has carried out a preliminary investigation into the application.

90. The ordinance of the President of the Constitutional Court whereby a particular justice is appointed to prepare a case for a judicial hearing is handed to that justice, who signs the ordinance.

SECTION II
THE PREPARATION OF A CASE FOR A JUDICIAL HEARING

91. When preparing a case for a judicial hearing, a justice takes into consideration the circumstances of the concrete case and carries out the actions provided for in the second paragraph of Article 27 of the Law on the Constitutional Court.

92. Minutes may be drawn up when questions are asked of the persons specified in Items 1, 2, 3, and 5 of the second paragraph of Article 27 of the Law on the Constitutional Court. The minutes are drawn up by the state servant of the Office of the Constitutional Court who performs the functions of the court reporter. The minutes are signed by the justice and the person who has drawn up the minutes, as well as by other persons who have participated in the questioning.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

 

93. Upon the proposal of the justice preparing a case or the President of the Constitutional Court, the time limit established in the second paragraph of Article 29 of the Law on the Constitutional Court for the consideration of a case is extended by the decision of the Constitutional Court at a procedural sitting of the Court. The Constitutional Court may not extend the time limit established in the second paragraph of Article 29 of the Law on the Constitutional Court if it considers a case concerning the constitutionality of a law or another legal act regulating the taking of land for public needs in the context of the implementation of projects of special importance to the state.

SECTION III
THE JOINDER AND SEPARATION OF CASES

94. Before the beginning of judicial consideration, upon the proposal of the justice preparing a case (cases) or the President of the Constitutional Court, the Constitutional Court may, by adopting a reasoned decision, join two or more petitions into one case.

95. Upon the proposal of the justice preparing a case (cases) or the President of the Constitutional Court, the Court may, by adopting a reasoned decision, separate certain petitions into an individual case (cases) or join them to another case.

96. Issues concerning joining petitions into one case or separating them are decided at a procedural sitting of the Constitutional Court.

SECTION IV
THE ORDER OF THE CONSIDERATION OF CASES

97. Cases are normally considered in the order determined according to the number of the registration of petitions or inquiries in the respective register. Where necessary, taking into account the nature and other circumstances of the case, the Constitutional Court may bring forward or postpone the time of the consideration of the case.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

 

98. Where several petitions or inquiries are joined into one case, the order of the consideration of such a case is determined according to the order of the case that is the first among the joined ones.

99. The time of consideration is brought forward in the event of cases instituted subsequent to petitions filed by the Seimas or the President of the Republic for an investigation into the compliance of a lower-ranking legal act with the Constitution or with other higher-ranking legal acts.

100. Cases instituted subsequent to inquiries filed by the Seimas or the President of the Republic are considered under urgency procedure.

Cases instituted subsequent to inquiries into whether election laws were violated in a specific constituency in the course of preparing and holding an election of the President of the Republic or an election of the members of the Seimas are considered within the 120-hour time limit, established in the third paragraph of Article 77 of the Law on the Constitutional Court. This time limit starts at the beginning of the following hour after the inquiry is submitted and registered at the Constitutional Court according to the established procedure.

101. Cases concerning the constitutionality of a law or another legal act regulating the taking of land for public needs in the context of the implementation of projects of special importance to the state are considered within four months of the receipt of the petition at the Constitutional Court.

102. As a rule, the interpretation of the rulings, conclusions, or decisions of the Constitutional Court, once such interpretation is requested by petitioners, is brought forward to an earlier date.

103. In addition, the Constitutional Court may normally bring forward the consideration of cases falling under the following categories:

103.1. cases concerning the constitutionality of laws amending the Constitution;

103.2. cases joining a large number of petitions requesting an investigation into the compliance of lower-ranking legal acts with the Constitution or with other higher-ranking legal acts;

103.3. cases concerning the constitutionality of election laws;

103.4. cases concerning the compliance of the legal acts of limited validity and limited application with the Constitution or with other higher-ranking legal acts; other cases whose consideration in the order determined according to the time of the receipt of the application at the Constitutional Court would become an objective in itself;

103.5. cases subsequent to petitions referred to in Article 671 of the Law on the Constitutional Court whose consideration, if it is not brought forward, would irreparably violate the constitutional rights or freedoms of the petitioner, or where bringing consideration forward is necessary for reasons of public interest.

The Item was supplemented with this Subitem:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

SECTION V
THE ASSIGNMENT OF A CASE FOR CONSIDERATION AT A JUDICIAL HEARING

104. The issue concerning the assignment of a case for consideration at a judicial hearing is decided at a procedural sitting of the Court after the justice who has been preparing the case makes a report about the readiness of the case for consideration at a judicial hearing.

105. A case may be assigned for consideration at a judicial hearing not earlier than seven days after the date of adopting the respective decision at the procedural sitting.

CHAPTER VIII
THE CONSIDERATION OF CASES AT JUDICIAL HEARINGS

SECTION I
ANNOUNCEMENT ABOUT A JUDICIAL HEARING

106. A judicial hearing of the Constitutional Court is held at the time established in a decision of the Constitutional Court.

107. Information concerning a judicial hearing of the Constitutional Court is announced on the premises of the Constitutional Court, as well as on the website of the Constitutional Court, and is sent to the mass media. The press release indicates the subject addressing the Constitutional Court in the given case, briefly outlines the content of the petition or inquiry, and specifies the persons participating in the case or their representatives.

Where information concerning judicial hearings at which the Constitutional Court considers the petitions of persons referred to in the fourth paragraph of Article 106 of the Constitution is announced on the premises of the Constitutional Court, as well as on the website of the Constitutional Court, and is sent to the mass media, the data in relation to the subject addressing the Constitutional Court in the given case are anonymised.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

 

108. Where a case is considered under written procedure, the persons participating in the case and their representatives are informed about the time and place of the hearing of the Constitutional Court by means of notices not later than seven days before the beginning of the hearing. Where a case is considered under oral procedure, the subjects specified in the first, second, and third paragraph of Article 106 of the Constitution are informed about the time and place of the hearing of the Constitutional Court by means of notices and the representatives of these subjects, as well as persons referred to in the fourth paragraph of Article 106 of the Constitution and their representatives, are informed by means of summonses not later than seven days before the beginning of the hearing. The summonses indicate that failure by the persons participating in the case or their representatives to attend the hearing of the Court does not preclude the Court from considering the case and adopting a ruling or conclusion and other decisions, unless the Constitutional Court decides otherwise.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

 

109. Witnesses, experts, and interpreters are summoned to hearings by means of summonses. The summonses state the consequences for failure to attend the hearing.

110. Specialists or officials are requested to attend a hearing of the Court by means of invitations.

111. Summonses, notices, and invitations are delivered by courier or post. Subject to agreement with the President of the Constitutional Court or the Chancellor of the Constitutional Court, the functions of a courier may be performed by an employee or state servant of the Constitutional Court. In such a case, the time when the addressee is served with a summons is indicated both in the delivered summons and in the part of the summons to be returned to the Court, which is signed to confirm the delivery of the summons. If the addressee refuses to sign, such a refusal is indicated in the delivered summons and in the part of the summons to be returned to the Court and is confirmed by the signature of the courier or postal employee.

Where a petition was filed with the Constitutional Court in electronic form by electronic means of communication, summonses, notices, and invitations are delivered in the same way that the petition was filed. The summons, notice, or invitation is considered to have been delivered to the addressee on the working day following the day on which the procedural document is sent.

Amendments to the Item:
No 17B-1, 31-10-2018, published in the Register of Legal Acts 31-10-2018, identification code 2018-17528
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

 

112. Summonses, notices, and invitations are signed by the President of the Constitutional Court.

113. The form of summonses, notices, and invitations is approved by the Constitutional Court at an organisational sitting.

SECTION II
THE PROCEDURE OF JUDICIAL HEARINGS

114. The judicial hearings of the Constitutional Court are held at its permanent seat. In the courtroom, there must be the coat of arms of the State of the Republic of Lithuania, the flag of the State, and a special edition of the Constitution of the Republic of Lithuania.

115. During judicial hearings, the justices wear gowns with the insignia of a justice of the Constitutional Court; the description and example of the gown and insignia are approved by the Constitutional Court.

116. In the courtroom, the chairperson of a judicial hearing sits in the middle of the justices; as a rule, the justices sit in the alphabetical order of their surnames.

117. A judicial hearing is chaired by the President of the Constitutional Court; in his absence, a judicial hearing is chaired by the justice who is temporarily acting for the President of the Constitutional Court; if the justice temporarily acting for the President of the Constitutional Court is also absent, a judicial hearing is chaired by another justice who is chosen by the Constitutional Court and is not the justice-rapporteur. Where the President of the Constitutional Court or the justice who is temporarily acting for the President of the Constitutional Court is, at the same time, the justice-rapporteur, a judicial hearing is chaired by another justice chosen by the Constitutional Court. When chairing a judicial hearing, the chairperson of the hearing has the powers established in the Law on the Constitutional Court.

118. Where a justice of the Constitutional Court is not able to participate in a judicial hearing due to important reasons, he must immediately notify the chairperson of the judicial hearing.

119. Questions arising concerning the course of a hearing are decided by the Constitutional Court on the spot or in the deliberation room.

120. The oral consideration of a case is recorded by making an audio recording of the hearing of the Constitutional Court. The audio recording of a hearing of the Constitutional Court is regarded as equivalent to the minutes of a hearing of the Constitutional Court. The procedure for making and retaining the audio recordings of the hearings of the Constitutional Court is established in the Description of the Procedure for Making and Retaining the Audio Recordings of the Hearings of the Constitutional Court, which is approved by the order of the President of the Constitutional Court.

The minutes of a hearing may also be taken if the Constitutional Court so decides. The minutes are taken by the court reporter or, upon assignment by the Chancellor of the Constitutional Court, by another state servant or employee of the Office of the Constitutional Court in accordance with the requirements established in Article 52 of the Law on the Constitutional Court. The minutes of a hearing must be completed within two working days after the day of the hearing or its postponement. A printed version of the minutes is signed by the chairperson of the hearing and the state servant of the Office of the Constitutional Court who performs the functions of the court reporter.

Decisions adopted at a judicial hearing are announced orally and, where necessary, are documented by producing a separate document – a decision of the minutes. A decision of the minutes contains the following: the number of the case under consideration; the title of the decision; the place and date of the hearing; the number of the decision (where more than one decision of the minutes is produced at the hearing); the name and surname of the chairperson of the hearing; the names and surnames of the justices who participated in the hearing; the name and surname of the court reporter; the names, surnames, and duties of the persons who participated in the case; the matter under consideration and the grounds for this matter; the reference to the audio recording of the hearing; the question decided; the essence of the adopted decision; and the main arguments on which the decision is based. A decision of the minutes is signed by the court reporter and the President of the Constitutional Court.

Amendments to the Item:
No 17B-1, 31-10-2018, published in the Register of Legal Acts 31-10-2018, identification code 2018-17528
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

 

121. The court reporter may be replaced at any stage of a judicial hearing.

SECTION III
THE CONSIDERATION OF CASES UNDER WRITTEN PROCEDURE

122. Where a justice of the Constitutional Court preparing a case considers that the case has sufficiently been prepared for a judicial hearing and that there are sufficient grounds for considering the case under written procedure, pursuant to Item 6 of the second paragraph of Article 27 of the Law on the Constitutional Court, sends the material of the case to the persons participating in the case.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

 

123. Upon the proposal of the justice preparing a case for judicial consideration, as well as by taking into account the requests of the persons participating in the case, the Constitutional Court may adopt a reasoned decision to assign the case for consideration under oral procedure.

The requests by the persons participating in the case to consider the case under oral procedure may be submitted to the Constitutional Court before the decision to assign the case for consideration at a judicial hearing is adopted by the Constitutional Court.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

 

124. The Constitutional Court notifies the persons participating in the case of the decision to consider the case under written procedure by sending a copy of the decision within the time limit specified in the third paragraph of Article 531 of the Law on the Constitutional Court. Where a case is considered under written procedure, the persons participating in the case must be informed in writing about their rights and duties and the procedure for implementing them.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

 

125. After a case is assigned for consideration under written procedure and before a judicial hearing begins, in accordance with the second paragraph of Article 31 of the Law on the Constitutional Court, the persons participating in the case have the right, in writing, to submit motions for disqualifications on the grounds provided for in the first paragraph of Article 48 of the Law on the Constitutional Court, to request that the material of the case be supplemented with the documents available to them, as well as to provide explanations and their opinions concerning the material of the case. Upon the receipt of a motion for the disqualification of a justice (justices) or a request to supplement the material of the case with new documents, the Constitutional Court adopts a decision at its procedural sitting and immediately, in writing, informs the persons participating in the case about the adopted decision. The additionally received material of the case is sent to the persons participating in the case who do not have this material. No motions or requests are accepted after the beginning of the judicial hearing; where received, they are returned to the person participating in the case who has submitted them.

126. Where a case is considered under written procedure, a free-form sitting is held without the participation of the participants to the proceedings. During the consideration of a case under written procedure, having assessed the material of the case, the Constitutional Court may adopt the decision to assign the case for consideration under oral procedure. The persons participating in the case and their representatives are notified of such a decision and are summoned to a judicial hearing in accordance with the general procedure.

CHAPTER IX
THE PREPARATION OF THE ACTS OF THE CONSTITUTIONAL COURT

127. The Constitutional Court retires to the deliberation room to adopt the following: its rulings; conclusions; decisions on accepting a petition or inquiry for consideration; decisions on refusing to consider a petition or inquiry; decisions on returning a petition or inquiry; decisions on dismissing a constitutional justice case; decisions on dismissing the proceedings of a case; decisions on the interpretation or review of its ruling, conclusion, or decision; and decisions on applying to the Court of Justice of the European Union or the European Court of Human Rights.

Amendments to the Item:
No 17B-1, 31-10-2018, published in the Register of Legal Acts 31-10-2018, identification code 2018-17528

 

128. If the Constitutional Court does not decide otherwise, the drafts of these acts of the Constitutional Court are prepared by the justice-rapporteur.

129. The rulings of the Constitutional Court are drawn up in compliance with the requirements that are established in Article 56 of the Law on the Constitutional Court with regard to the content of a ruling. The acts of the Constitutional Court are documented according to the requirements established under the Procedure for Documenting the Rulings, Conclusions, and Decisions of the Constitutional Court of the Republic of Lithuania, approved by the order of the President of the Constitutional Court.

CHAPTER X
THE PUBLICATION OF THE ACTS OF THE CONSTITUTIONAL COURT

SECTION I
THE PUBLIC PRONOUNCEMENT OF THE ACTS OF THE CONSTITUTIONAL COURT AT THE COURT

130. The rulings and conclusions of the Constitutional Court, as well as its decisions on dismissing a constitutional justice case (after the case has been considered at a hearing of the Constitutional Court) and decisions on the interpretation or review of a ruling, conclusion, or decision of the Constitutional Court, are always pronounced publicly by reading them in the courtroom of the Constitutional Court.

131. The time for pronouncing an act of the Constitutional Court is announced on the premises and on the website of the Constitutional Court and is communicated to the mass media. The press release indicates the subject addressing the Constitutional Court in the given case, briefly outlines the content of the petition or inquiry, and specifies the persons participating in the case or their representatives. The data in relation to persons referred to in the fourth paragraph of Article 106 of the Constitution are normally anonymised.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

 

132. The court reporter informs the persons participating in the case and their representatives about the time for pronouncing the act of the Constitutional Court.

133. In the courtroom, an act of the Constitutional Court is read by the chairperson of the hearing or, upon his assignment, by one of the justices.

134. The Constitutional Court may decide that only the operative part of the act, or only the operative part and part of the reasoning part of the act, will be read. The chairperson of a hearing may decide to pronounce the arguments of the reasoning part of the act in free form.

135. The pronouncement of the acts of the Constitutional Court is governed by the rules of the procedure applicable to a judicial hearing under Articles 18, 46, and 57 of the Law on the Constitutional Court.

136. After an act of the Constitutional Court is publicly pronounced in the courtroom, the press release, which briefly outlines the content of the pronounced act, is communicated to the mass media. The press release is also published on the website of the Constitutional Court. The data in relation to persons referred to in the fourth paragraph of Article 106 of the Constitution are normally anonymised.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

SECTION II
THE PUBLICATION OF THE ACTS OF THE CONSTITUTIONAL COURT AND THE ANNOUNCEMENTS OF THE PRESIDENT OF THE CONSTITUTIONAL COURT IN THE REGISTER OF LEGAL ACTS AND ON THE WEBSITE OF THE CONSTITUTIONAL COURT

Amendment to the title of the Section:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

 

137. The rulings of the Constitutional Court, its decisions on the interpretation of its rulings, and the announcements of the President of the Constitutional Court regarding the suspension of the validity of an impugned act, as well as regarding the restoration of the validity of a suspended act, are officially published in the Register of Legal Acts in accordance with the procedure laid down by the Law on the Legislative Framework. These acts of the Constitutional Court and announcements of the President of the Constitutional Court are also published on the website of the Constitutional Court.

The rulings adopted after the Constitutional Court considers petitions referred to in Article 671 of the Law on the Constitutional Court, as well as decisions on the interpretation of such rulings of the Constitutional Court, are normally anonymised when they are published.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

 

138. The rulings of the Constitutional Court, its decisions on the interpretation of its rulings, and the announcements of the President of the Constitutional Court regarding the suspension of the validity of an impugned act, as well as regarding the restoration of the validity of a suspended act, come into force on the day of their official publication in the Register of Legal Acts.

139. The conclusions of the Constitutional Court, its decisions on accepting a petition or inquiry for consideration, decisions on refusing to consider a petition or inquiry, decisions on returning a petition or inquiry, decisions on dismissing a case or proceedings, decisions on suspending the execution of a decision of a court of general competence or administrative court, decisions on compensation for expenses incurred by the persons participating in the case, decisions on the interpretation or review of a conclusion or decision of the Constitutional Court, also decisions on applying to the Court of Justice of the European Union or the European Court of Human Rights, are published on the website of the Constitutional Court and come into force on the day of their publication.

The decisions adopted by the Constitutional Court after it considers petitions referred to in Article 671 of the Law on the Constitutional Court are normally anonymised when they are published.

The ordinances of the President of the Constitutional Court come into force on the day of their signing. Ordinances on accepting applications and ordinances on returning applications (except in cases where applications are filed by persons referred to in the fourth paragraph of Article 106 of the Constitution) are published on the website of the Constitutional Court. The ordinances of the President of the Constitutional Court on accepting petitions filed by persons referred to in the fourth paragraph of Article 106 of the Constitution are normally anonymised when they are published.

After the conclusions and decisions of the Constitutional Court are published on the website of the Constitutional Court, the press releases about them are communicated to the mass media. The press release is also published on the website of the Constitutional Court. The data in relation to persons referred to in the fourth paragraph of Article 106 of the Constitution are normally anonymised.

Amendments to the Item:
No 17B-1, 31-10-2018, published in the Register of Legal Acts 31-10-2018, identification code 2018-17528
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273
No 17B-4, 06-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14274

 

140. Taking into account the circumstances of a particular case, the Constitutional Court may set a later date for the official publication of its ruling where this is necessary in order to give the law-making subject concerned the time to remove those regulatory legal gaps that would emerge if the respective ruling of the Constitutional Court were officially published immediately after its public pronouncement at the hearing of the Constitutional Court and would create the preconditions for denying, in principle, certain values defended and protected under the Constitution.

SECTION III
SENDING THE ACTS OF THE CONSTITUTIONAL COURT TO THE AUTHORISED SUBJECTS

141. After the acts of the Constitutional Court specified in Item 130 of these Rules are pronounced at a public hearing of the Constitutional Court, the copies of these acts, not later than within two calendar days of the date of the adoption of these acts, are sent to the justices of the Constitutional Court, the persons who participated in the case and their representatives, the Seimas, the President of the Republic, the Government, the President of the Supreme Court of Lithuania, the Prosecutor General, and the Minister of Justice.

According to the second paragraph of Article 60 of the Law on the Constitutional Court, the President of the Constitutional Court may, by adopting an order, instruct that an act of the Constitutional Court be sent to other institutions, officials, or citizens.

Where the acts of the Constitutional Court specified in Item 130 of these Rules are adopted after the Constitutional Court considers petitions referred to in Article 671 of the Law on the Constitutional Court, addressees other than the persons participating in the case are normally sent a copy of the anonymised act of the Constitutional Court.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

 

142. After considering a case subsequent to the petition of a particular court, the Constitutional Court returns the case sent to the Constitutional Court by that court.

143. The cases considered by the Constitutional Court (original versions of material) are retained at the Constitutional Court.

SECTION IV
THE SEPARATE OPINIONS OF THE JUSTICES OF THE CONSTITUTIONAL COURT

144. Under the fourth paragraph of Article 55 of the Law on the Constitutional Court, a justice of the Constitutional Court who has a different opinion regarding an act adopted by the Constitutional Court has the right to set out his reasoned separate opinion in writing not later than within five working days after the pronouncement of the act in the courtroom. Separate opinions may be submitted by the justices who participated in the consideration of the constitutional justice case concerned. Two or more of the justices of the Constitutional Court may submit a joint separate opinion.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

 

145. Separate opinions may be submitted regarding the following acts of the Constitutional Court: rulings, conclusions, decisions on dismissing a constitutional justice case (after the case has been considered at a hearing of the Constitutional Court), and decisions on the interpretation or review of a ruling, conclusion, or decision of the Constitutional Court. Separate opinions may set out objections and arguments only regarding the act adopted in the particular case and may include information only directly related to the adopted act and the considered case.

146. A separate opinion is drawn up as an individual document. It must contain the name and surname of the justice, the date of submitting and the place of drawing up the separate opinion, the title of the act of the Constitutional Court with regard to which the separate opinion is submitted and the date of the adoption of this act, as well as the position of the justice regarding the act of the Constitutional Court and the arguments substantiating this position. A separate opinion is signed by the justice submitting this opinion.

147. A separate opinion must clearly indicate those parts or provisions of the act of the Constitutional Court on which the justice disagrees with the position adopted by the majority of the justices.

148. A justice may submit a concurring opinion regarding the reasoning of an act of the Constitutional Court and/or a dissenting opinion regarding the operative part of this act.

A justice may submit a concurring opinion with regard to the whole body or separate parts of the reasoning set out in an act of the Constitutional Court, or a dissenting opinion with regard to the whole decision consolidated in the operative part (all provisions of the operative part) or a separate part of the decision consolidated in the operative part (individual provisions of the operative part) of an act of the Constitutional Court.

149. Separate opinions are drawn up in conformity with the rules of the common Lithuanian language. Separate opinions are documented according to the requirements established under the Procedure for Documenting the Rulings, Conclusions, and Decisions of the Constitutional Court of the Republic of Lithuania, approved by the order of the President of the Constitutional Court.

150. When preparing a separate opinion, a justice may not violate the requirements governing the secrecy of the deliberation room of the Constitutional Court, established in Article 53 of the Law on the Constitutional Court. A separate opinion may not make publicly known the positions voiced by other justices in the deliberation room, or disclose in which way other justices voted or what the distribution of votes was when the act was adopted by the Constitutional Court, or in any other way discuss the course of the adoption of the act by the Constitutional Court in the deliberation room.

In a separate opinion, a justice may not disclose any publicly undisclosable information received during the preparation and consideration of the case.

151. A justice submits a separate opinion, drawn up within the established time limits and procedure, to the President of the Constitutional Court and its copies to the justices. Where a separate opinion is received before the pronouncement of the act of the Constitutional Court in the courtroom, the chairperson of the hearing makes the fact about the submitted separate opinion known after the act adopted by the Constitutional Court is pronounced.

152. A separate opinion of a justice is published on website of the Constitutional Court and is attached to the considered case; the persons who participated in the case and the mass media are informed about the separate opinion. Where a separate opinion submitted by a justice in a case considered by the Constitutional Court subsequent to a petition referred to in Article 671 of the Law on the Constitutional Court is published, it normally contains anonymised data in relation to the petitioner and other persons who participated in the case.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

CHAPTER XI
FINAL PROVISIONS

Amendment to the title of the Chapter:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

 

153. The Constitutional Court prepares and publishes the collections of its rulings, conclusions, and decisions. The Constitutional Court also publishes the bulletin “Constitutional Jurisprudence”. Where necessary, the Constitutional Court publishes the collections of the reports delivered at the conferences organised by the Constitutional Court, as well as other publications.

154. Each year, the President of the Constitutional Court presents the annual report on the activity of the Constitutional Court. The annual report provides an overview of the considered cases, the practice regarding the admissibility of the received petitions, the issues concerning the implementation of the acts of the Court, as well as relevant issues related to international cooperation and other activity carried out by the Constitutional Court. The annual report on the activity of the Constitutional Court is published on the website of the Constitutional Court not later than by 31 March of the following year.

Amendments to the Item:
No 17B-3, 05-09-2019, published in the Register of Legal Acts 06-09-2019, identification code 2019-14273

 

155. Upon the expiry of their term of office, the justices of the Constitutional Court receive a certificate of the established form and have the right to visit the Constitutional Court without restrictions on working days.

156. The justices of the Constitutional Court whose term of office has expired are provided with the premises for work in order they could familiarise themselves with the cases decided by the Constitutional Court, as well as with other documents of the Constitutional Court.

157. The justices of the Constitutional Court whose term of office has expired also have the right to use the services of the library of the Constitutional Court and to receive the publications of the Constitutional Court at the seat of the Constitutional Court.

158. By the decision of the Constitutional Court, the justices of the Constitutional Court whose term of office has expired may also be granted other rights determining the relations of these justices with the Constitutional Court.