REPUBLIC OF LITHUANIA
LAW
THE
CONSTITUTIONAL COURT
Chapter
1
The Constitutional Court of the Republic of Lithuania shall ensure the supremacy of the Constitution of the Republic of Lithuania in the legal system as well as constitutional legality by deciding, according to the established procedure, whether the laws and other legal acts adopted by the Seimas are in conformity with the Constitution, and whether the acts adopted by the President or the Government of the Republic correspond with the Constitution and laws.
In cases provided in the Constitution and this Law,
the Constitutional Court shall present conclusions to the Seimas and the
President of the Republic.
The Constitutional Court shall be an independent
court which executes Judicial power according to the procedure established by
the Constitution of the Republic of Lithuania and this Law.
The Constitution of the Republic of Lithuania and
this Law shall establish the objectives, powers, and work procedure of the
Constitutional Court.
Internal questions of the Constitutional Court, the
rules of professional con duct of judges, the structure of the Court apparatus,
clerical work, and other issues shall be regulated by the Rules of the
Constitutional Court, as approved by the Constitutional Court.
Article
4. Composition and Procedure of Formation of the
Constitutional
Court
The Constitutional Court shall consist of 9 judges
appointed for an unrenewable term of nine years.
Every three years, one third of the Constitutional
Court shall be reconstituted. The
Seimas shall appoint an equal number of judges to the Constitutional Court from
the candidates nominated by the President of the Republic of Lithuania, the
Chairperson of the Seimas, and the Chairperson of the Supreme Court; the
procedure shall also be used upon the renewal of the composition of the Court. Upon the expiration of the term of office,
judges shall continue their duties until new judges are appointed.
The Seimas shall appoint the Chairperson of the
Constitutional Court from among the judges thereof who are nominated by the
President of the Republic of Lithuania.
Citizens of the Republic of Lithuania who have an
impeccable reputation, who are trained in law, and who have served, for at
least 10 years, in the legal profession or in an area of education related to
his or her qualifications as a lawyer, shall be eligible for appointment to
Constitutional Court judge.
Names of candidates to Constitutional Court judge
shall be announced through the press prior to the consideration thereof in the
Seimas.
The State and Law Committee of the Seimas shall, at
a closed sitting, consider the candidates nominated to the Seimas to the post
of Constitutional Court judge, and shall then present their conclusions to the
Seimas.
Chapter 2
The Status of Constitutional Court Judges
Judges of the Constitutional Court may not hold any
other elected or appointed office, and may not be employed in any business,
commercial or other private institution or company, with the exception of
educational or creative work. They
shall also be prohibited from receiving any remuneration other than the salary
established for judges and payment for educational or creative activities.
Constitutional Court judges may not participate in
the activities of political parties or other political organisations.
Constitutional Court judges may not be defense
counsels or representatives of any
company, institution, Organisation or person.
Before beginning office, persons appointed to
Constitutional Court judge shall take an oath in a sitting of the Seimas.
The
established text of the oath shall be:
(name,
surname),
Swear to
be faithful to the Republic of Lithuania;
Swear to
honestly and conscientiously discharge the duties of the office of
Constitutional Court judge;
Swear to
defend the Constitutional order of the independent State of Lithuania and to
protect the supremacy of the Constitution, obeying only the Constitution of the
Republic of Lithuania.
So help
me God!"
The last
sentence may be omitted from the oath.
The oath
shall be administered by the Chairperson of the Seimas in a sitting of the
Seimas.
The oath shall be administered in keeping with the
regulations established for the procedure of administering the oath of Seimas
members.
Constitutional Court judges who either do not take
the oath in the manner prescribed by law, or who take a conditional oath, shall
lose the powers of judge. The Seimas
shall adopt a corresponding resolution thereon.
The person of a Constitutional Court judge shall be
inviolable.
Constitutional Court judges may not be found
criminally responsible, may not be arrested, and may not be subjected to any
other restriction of personal freedom without the consent of the Constitutional
Court. Questions of consent to institute
criminal proceedings against a Constitutional Court judge shall be considered
only upon the motion of the
Prosecutor-General.
Constitutional Court judges who are detained or
delivered to a law enforcement institution without personal documents must
immediately be released upon establishing their identity.
Entry into the residential or office premises of
Constitutional Court judges, the inspection or search of, or making a seizure
in such premises or the inspection or search of, or making a seizure in
personal or service automobiles or other per personal means of communication,
the bodily inspection or search of judges, and the inspection or seizure of
their property or documents shall be prohibited unless criminal proceedings
have been instituted against the Constitutional Court judge according to the
established procedure.
Criminal cases in which the accused is a
Constitutional Court judge shall be tried by the Supreme Court.
Constitutional Court judges may not be persecuted
for their speeches or voting in the Constitutional Court.
The powers and rights of the Constitutional Court
and its judges may not be abridged upon the declaration of war or state of
emergency.
Constitutional Court judges shall have the right to
participate in Constitutional Court sessions with the right of decisive vote,
to be granted free access to all material and documents submitted to Court
sessions, and to exercise other rights provided for by this Law.
Constitutional Court judges shall propose issues
for consideration at Constitutional Court sessions and shall prepare questions
assigned to them.
Constitutional
Court judges shall have the right to request that all state institutions and
their officers, local government institutions and
their officers, state and other companies, institutions, organisations, and
citizens' associations submit any documents and
information concerning the issue which is being prepared for Court hearing, as
well as to receive the officers' explanations on all issues under examination.
Judges shall also have the right to summon and
question witnesses and experts, to apply for consultations of specialists, to
commission persons to carry out check ups, and to send inquiries.
Constitutional Court judges shall not have the
right to publicly express their opinion concerning the main point of issues
which are either under examination or have been adopted for examination in the
Constitutional Court.
Article
10. Suspension of the Powers of
Constitutional
Court
Judges
The powers of a Constitutional Court judge may be
suspended on the decision of the Constitutional Court upon:
1) consent granted
according to the procedure established by this Law to institute criminal
proceedings against the Constitutional Court judge;
2) a resolution of the Seimas to initiate
impeachment proceedings in the Seimas against the Constitutional Court judge after the findings of the special interrogatory commission; and
3) the declaration of the judge as missing by an
effective court order.
Upon suspension of their powers, judges shall lose
the rights established by Articles 9 and 15 of this Law.
When the grounds for suspension of the powers of a
Constitutional Court judge cease to exist, the Constitutional Court shall,
within three days, adopt a decision concerning the restoration of the judge's
powers. If a decision is not adopted
within the stated period, the powers of the Constitutional Court judge shall be
considered restored from the day that the judge actually resumes his or her
duties upon notifying the Chairperson of the Constitutional Court thereof by
application.
Article
11. Termination of the Powers of a Constitutional
The powers of a Constitutional Court judge shall be
terminated:
1) on the expiration of the term of office;
2) upon the death of the judge,
3) upon voluntary resignation;
4) if the judge is incapable of fulfilling his or
her duties for
reasons of health, i.e. if in the course of one year the judge is ill for more than four months, or if he or she falls ill with a fatal or other lingering disease which precludes him or her from discharging the duties of judge; and
5) upon
being removed from office by the Seimas according to impeachment proceedings.
In the case prescribed by Par. 3 hereof, the
decision concerning the termination of the powers of Constitutional Court
judges shall be adopted by the Seimas on the recommendation of the Seimas
Chairperson.
In the case prescribed by Par.4 hereof, the Seimas
shall
resolve
issues concerning the termination of the powers of judges only when there is a
corresponding decision of the Constitutional Court and the findings of the
medical commission formed by the Minister of Health.
Disciplinary actions may not be brought against
Constitutional Court judges. For
failure to carry out the duties established in this Law or for nonattendance of
Court sittings without good reason, a pecuniary penalty entailing the reduction
of the judge's previous month salary by as much as 50 percent may be imposed on
the judge upon the decision of the Constitutional Court.
In addition to the duties of judge, the Chairperson of the
Constitutional Court shall:
1) direct the work of the Constitutional Court;
2) direct the preparation of issues submitted to
the
Constitutional
Court for examination;
3) convene and preside over sittings of the
Constitutional Court;
4) propose issues to be examined by the
Constitutional Court;
5) assign work to Constitutional Court judges;
6) submit the composition of the Constitutional
Court apparatus and personnel to the Constitutional Court for approval, direct
the work of the apparatus, and hire and dismiss the apparatus staff;
7) issue orders and directives; and
8) exercise other powers prescribed by this Law.
In
resolving issues related to the work
of the apparatus as well as other internal questions, the Chairperson shall
issue orders; the Chairperson shall realise the procedural
rights granted to him or her by issuing
directives.
The
Chairperson of the Constitutional Court shall manage the funds appropriated for the operation of the
Constitutional Court.
Article
14. Acting for the Chairperson of the
Constitutional
Court
In the absence of the Chairperson of the Constitutional
Court or when he or she is not in the position to fulfill the duties of
Chairperson, said duties shall be temporarily performed by a judge appointed by
the Chairperson of the Constitutional Court.
In the absence of the Chairperson of the Constitutional
Court or the judge appointed by him or her to carry out these duties, the
office of Chairperson of the Constitutional Court shall be temporarily executed
by the Constitutional Court judge with the longest term of service as lawyer.
Article
15. The Right of Constitutional Court
Judges to
Participate
in Sittings of State Institutions
The Chairperson and judges of the Constitutional Court
shall be entitled to participate in sittings of the Seimas of the Republic of
Lithuania and of its committees and commissions, as well as in sittings of the
Government, the Senate of Lithuanian Judges, the prosecutor's office, and other
legal institutions.
Article
16. Social and Living Provision for
Constitutional
Court
Judges
Constitutional Court judges shall be paid a salary which
is 30 per cent more than the maximum salary of a Superior Court judge. The Chairperson or temporary Chairperson of
the Constitutional Court shall be paid a salary which is 10 per cent more than
the salary of a Constitutional Court judge.
Upon leaving office because of expiration of the term or
resignation due to pensionary age or health, judges of the Constitutional Court
shall be paid gratuity on discharge equaling 6 monthly salaries. Upon the death of a Constitutional Court
judge, the benefit of the said amount shall be paid to his or her family. When the powers of a Constitutional Court
judge are terminated on other grounds, he or she shall be paid a gratuity
equaling 2 monthly salaries. Judges who
are dismissed from office according to impeachment proceedings shall not be
paid any gratuity upon discharge.
Pensionary
provision for Constitutional Court judges shall be regulated by the Law on
State Pensions and other laws of the Republic of Lithuania.
the term
of office to Constitutional Court judges who either do not have living quarters in Vilnius or who live in
Vilnius and are entitled to State aid in acquiring living quarters.
Upon the expiration of their term, with the
exception of the cases when Constitutional Court judges are dismissed from
office according to impeachment proceedings, judges must be assigned a job or
office in a state institution, or, when this is not possible, another analogous
job or office.
Chapter 3
Basic Rules of Legal Proceedings in the Constitutional
Court
Article
17. Legality and Independence of
Constitutional
Court
Activities
In carrying out their duties, the Constitutional
Court and its judges shall be independent of any state institution, person or
Organisation, and shall act only in accordance with the Constitution of the
Republic of Lithuania.
The Constitutional Court shall obey only the
Constitution of the Republic of Lithuania and laws which are in conformity with
the Constitution.
Interference
with the activities of a judge or the Constitutional Court by institutions of State authority and
administration, the Seimas and its officers, political
parties, political and public
organisations, or citizens shall be prohibited and shall incur liability under
law.
The Chairperson and judges of the Constitutional
Court must immediately inform the Seimas of attempts to influence the
Constitutional Court or any of its judges, and must publicize this through mass
media.
Meetings, pickets, and other actions staged within
100 metres of the Constitutional Court building or in the Court itself and
which are aimed at influencing a judge or the Court, shall be considered
interference with the activities of the judges or the Court.
Information concerning sittings of the
Constitutional Court shall be declared on the premises of the Constitutional
Court and announced in mass media through the Lithuanian News Agency (ELTA).
Constitutional Court sittings shall be open, and
may be attended by citizens who are of age as well as by representatives of the
press and other mass media. Persons who attend sittings in the Court room may make tape recordings, short-hand
records or records of the hearing from
their seats.
Taking photographs, filming, and making video
recordings or television or radio broadcasts of hearings shall be permitted
only upon the consent of the Constitutional Court.
The Constitutional Court may announce closed
sittings provided that this is necessary for the safeguarding of a State,
professional, commercial or other secret which is protected by law, or the
security of a citizen or public morality.
If there are grounds to believe that during a
sitting a threat may arise to the Court or the parties thereof, the Chairperson
of the Constitutional Court may issue an order to the police to inspect the
documents and belongings of persons entering the court room or to carry out
bodily searches.
The Constitutional Court may remove persons
interfering with the normal work of the Court from the court room.
The
deliberation and voting of the judges of the Constitutional Court shall not be
public, with the exception of cases provided for by this Law.
The ruling of the Constitutional Court shall always
be announced publicly in the court room.
The
Constitutional Court shall jointly investigate cases and arrive at conclusions, provided that no less
than two-thirds of all the judges of
the Constitutional Court are participating.
Court, or in resolving other internal
issues, Constitutional Court
sittings shall be legitimate provided than at least half of all the judges
participate therein.
Rulings shall be passed by majority vote of at
least half of the judges participating in the sitting. In the case of a tie, the vote of the
Chairperson shall be decisive.
Article
20. The Language of the Court
In the Constitutional Court, legal proceedings
shall be held and rulings shall be passed and announced in the Lithuanian
language. Documents written in other
languages shall be submitted and announced in their Lithuanian translation and
after having been approved by a notary.
People participating in sittings who do not know
Lithuanian shall be guaranteed the right to use a translator.
Article
21. Types of Constitutional Court
Sittings
The Constitutional Court shall hold organizational
and procedural sittings as well as court hearings. Sittings shall either be convened by the Chairperson of the
Constitutional Court or held at the time set by the Constitutional Court.
The form of organizational and procedural sittings
shall be free.
Concrete cases shall be tried in court
hearings. These
hearings
shall be held according to the
procedures established
by this
Law.
Article
22. Rulings and Decisions of the Constitutional
Court
The
Constitutional Court shall settle cases in essence by passing rulings. The Constitutional Court shall announce
rulings in the name of the Republic of Lithuania.
In cases
provided by this Law, the final act of the Constitutional Court shall be called
the conclusions.
The
Constitutional Court shall adopt decisions on individual questions which
prevent a case from being settled.
The
Constitutional Court shall adopt rulings, conclusions,
and
decisions in the deliberation room.
Upon consultation and without leaving to
the deliberation room, the Constitutional Court may adopt a decision concerning
simple issues as well as the imposition of
penalties during a sitting. When such a
decision is adopted, the Chairperson of the sitting shall immediately read it aloud and it shall be recorded in
the sitting records.
Article
23. Organizational Sittings of the
Constitutional
Court
Internal questions, issues of material investigation,
and other issues shall be considered
and settled in organizational sessions.
The Chairperson and judges of
the Constitutional Court shall propose issues
for consideration. The Constitutional
Court shall approve the agenda and schedule of sittings by its decision.
If
necessary, scientists, specialists, and other persons shall be invited to
organizational sittings.
Issues
presented to the Constitutional Court for consideration must be preliminary
investigated. The Chairperson of the
Constitutional Court shall charge one or several judges with conducting the
investigation upon setting the term for this
work.
The Chairperson of the Constitutional Court shall
evenly distribute the preparatory work to judges.
A judge, upon beginning the investigation of the
material which is given, shall:
1) ascertain that the grounds established in
Articles 69 and 80 of this Law for refusal to examine a petition or inquiry are
not present;
2) ascertain that the grounds established in
Articles 70 and 81 of this Law for the return of a petition or inquiry of the
petitioner are not present; and 3) establish which issues must be clarified
before the case is prepared for the sitting.
Article
25. Report of the Results of the
Preliminary
Investigation
Upon the carrying out of the preliminary
investigation and necessary preparatory acts, a judge shall draw up a
certificate with proposals and shall report it to:
1) the Chairperson of the Constitutional Court, in proposing to
accept a
petition or inquiry and begin the preparation of the case for a sitting of the
Constitutional Court in the procedure established by Article 27 of this Law if
the petition or inquiry is within the jurisdiction of the Constitutional Court
and is in conformity with other requirements of this Law;
2) the
Chairperson of the Constitutional Court, in proposing to return the petition or
inquiry to the petitioner if the material conforms to the conditions provided
in Articles 70 and 81 of this Law; and
3) the procedural sitting of the Constitutional Court, in proposing to
adopt a decision to refuse to examine the petition or inquiry if the material conforms to the conditions
provided in Articles 69 and 80 of this
Law.
In settling the issues provided in paragraphs 1 and
2 of the first part of this Article, the Chairperson of the Constitutional
Court shall adopt decrees. If, due to
the aforementioned issues, disagreements arise between a judge and the
Chair-person of the Constitutional Court, such issues shall be referred to the
procedural sitting of the Constitutional Court for the consideration and
decision.
Article
26. Suspension of Validity of Acts of
the President or Government of the Republic
In cases when the Constitutional Court receives a motion of the President of the Republic to investigate the conformity of an act of the Government with the Constitution, or when it receives a resolution of the Seimas to investigate the conformity of an act of the President of the Republic or an act of the Government with the Constitution, the preliminary investigation of that material must be carried out within 3 days, and the issue of whether to accept the petition for a hearing in the Constitutional Court must be settled.
If the Constitutional Court adopts a decision to
accept a petition for a hearing, the Chairperson of the Constitutional Court
shall immediately give an official announcement about it either in "The
News of the Seimas and the Government of the Republic of Lithuania" or in
a special publication of the Seimas, or in newspapers through the Lithuanian News
Agency (ELTA). In this announcement,
the Chairperson must state the exact title of the act in question, the date of
its adoption, and that, in accordance with Article 106 of the Constitution of
the Republic of Lithuania, the validity of the aforementioned act is suspended
from the day of its official announcement until the ruling of the Constitution
Court concerning this case is announced.
In cases when the Constitutional Court, having
tried a case, adopts a ruling that the act in question is in conformity with
the Constitution, the Chairperson of the Constitutional Court shall immediately
make an official announcement about it in the publications mentioned in the
second part of this Article. In this
announcement, the Chairperson of the Constitutional Court shall state the exact
title of the act in question, the date of its adoption, the main point of the
ruling of the Constitutional Court concerning this issue, and that the validity
of the suspended act shall be restored from the day that this ruling is
announced.
Article
27. Preparation of Cases for Sittings
of the
A case
shall be prepared for a sitting of the Constitutional Court by the
chairperson-appointed judge of the Constitutional Court. Normally, this judge shall be the one who
has carried out the preliminary investigation of the appropriate material.
The
judge shall conduct the following activities:
1) in necessary cases, interrogate the petitioner
or the
petitioner's representative about the main points of
the
demands,
hear the petitioner's arguments,
and propose, if
necessary,
that additional evidence be
presented;
2) in
necessary cases, interrogate the person concerned or the
person's
representative about the circumstances of the case, ascertain the person's
counter-arguments and available evidence, and, if necessary, propose that
explanations concerning the case be presented in writing;
3) interrogate witnesses and decide whether or
not to summon them to the Court;
4) request and obtain documentary and material
evidence and
other
necessary material from persons, state institutions, and other organizations;
5) commission an examination, and summon and
interrogate specialists who are impartial to the results of the case; and
6) carry
out other actions which are necessary for the preparation of the case for the
court hearing.
The case material - copies of the petition to verify the
conformity of a legal act with the Constitution or
laws, copies of legal acts under examination, copies of other received
documents - must be sent to the parties to the case within 3 days of the
beginning of the preparation of
the case for the court hearing.
The judge, having carried out preparatory acts and
considering the case to be adequately prepared, shall propose to pass a decision
to assign the case for the hearing in the Court sitting during a procedural
sitting of the Constitutional Court.
Article 28.
Procedural Sittings of the Constitutional Court
The following issues shall be considered in procedural
sittings of the Constitutional Court: issues concerning the acceptance of
petitions provided in Article 26 of this Law; all cases of the refusal to
examine a petition or inquiry; issues concerning the preparation of cases for
hearing; and other issues of preparation for court hearings.
Having heard the report of the judge and having discussed
the issue of the preparation of the case for the court hearing, the
Constitutional Court shall pass one of the following decisions:
1) to assign the case for hearing in the Court
sitting and appoint a court speaker;
2) to return the case for additional
investigation; and
3) to refuse to hear the case in the procedure
established in Articles 69 and 80 of this Law.
Minutes shall be taken during procedural sittings of the
Constitutional Court.
Upon the invitation of the Chairperson of the
Constitutional Court, scientists, specialists, and other necessary persons may
participate in procedural sittings.
With permission of the chairperson of the sitting, said persons may
speak on the issue.
Article
29. Terms of the Hearing of Appeals in
the
Constitutional
Court
Upon receiving an appeal - a petition or inquiry - which
is within the jurisdiction of the Constitutional Court and which is presented
in the procedure established by this Law, the Constitutional Court must begin
investigation within 7 days, i.e. commission a judge of the Constitutional
Court to start the preliminary investigation.
The hearing of the case must be finished and the final ruling or conclusions passed within 4 months of the day the petition or inquiry is received by the Constitutional Court unless otherwise provided by the Constitutional Court.
Article
30. Limits of Court Hearings of the
Constitutional
Court
The Constitutional Court shall investigate and decide only
legal issues.
The following persons shall be considered parties to the
case:
the
petitioner - the state institution, the group of Seimas members who are granted
by law the right to apply to the Constitutional Court with a petition to
investigate the conformity of a legal act with the Constitution or laws or to pass a finding, or their
representatives; the person concerned - the state institution which has adopted
the legal act whose conformity with the Constitution and laws is under
investigation or its representative; Seimas members or other state officers,
the constitutionality of whose actions must be investigated due to impeachment
proceedings which have been initiated against them in the Seimas or their
representative; the President of the Republic, when conclusions are presented
concerning his or her state of health or the President's representative.
The
parties to the case shall have
equal procedural rights.
They shall have the right to get familiar with the material of the case, make extractions, duplicates, and copies from it, declare suspensions, provide evidence, participate in the investigation of evidence, question other persons, witnesses and experts participating in the case, make requests, give explanations, provide their own arguments and reasonings, and object to requests, arguments and reasonings of other persons participating in the case.
Parties to the case may conduct their cases in the Constitutional Court either personally or through their representatives.
According to the law, state institutions shall be
represented by their heads, who shall present documents to the Constitutional
Court which confirm their post. Groups
of Seimas members shall choose their own representative (representatives) and
indicate this representative in the petition which is signed by all appealing
Seimas members; their signatures shall be confirmed by the Seimas Chairperson
or deputy Chairperson.
At behest, representatives of the parties to the case in
the Constitutional Court may be only
advocates or persons possessing law degrees, or
persons having legal experience in higher state institutions. An advocate's
powers of attorney shall be approved by the warrant. Other persons shall be issued the powers of attorney by the heads
of the institutions that they represent.
The head of the institution may also commission another
employee of that institution for the representation of his or her institute by
issuing that person the powers of attorney.
In this Law, parties to the action shall be considered
parties to the case, their representatives, witnesses, experts, invited
specialists and interpreters.
Any facts shall be admitted as evidence on the basis of
which the Constitutional Court states that there are circumstances which
justify the requests or rebukes of the parties to the case or that there are no
such circumstances.
These facts shall be established on the basis of
explanations of the parties to the case, testimony of witnesses, documentary
evidence, and findings of experts.
Each party to the case must prove the circumstances on the
basis of which they make their requests and retorts.
Parties to the case shall present evidence. If there is not enough evidence, the Court
shall propose that additional evidence be presented.
The Court shall accept only that evidence which prove
circumstances which are of importance to the case for
investigation.
It shall be not required to prove the
circumstances which
are
recognized by the Constitutional
Court to be publicly known.
Facts which are established by ruling of the
Constitutional Court which have become legal in one case shall not be proved
again in hearings of other cases.
Evidence presented to the Constitutional Court
shall have no obligatory force in advance.
The Court shall assess evidence in accordance with
the inner conviction of judges which shall be based on the detailed,
comprehensive and objective examination of the whole complex of the
circumstances of the case in the Court sitting and in observance of the laws.
Any person who may know some circumstances related
to a case may be a witness. A person
summoned to be a witness must appear before the Court or the judge and must
testify truthfully.
For failure to appear before the judge or the Court
due to reasons which are recognized as unimportant by the Court, a penalty may
be imposed on the witness; if the witness fails to appear at a sitting without
a valid reason for a second time, he or she may be brought by force by the
police.
For the
refusal or avoidance of testimony, or for knowingly
False testimony, a witness shall be liable in accordance with laws. Witnesses shall be warned about their liability in the sitting of the Constitutional Court and shall sign on.
Expenses related to the appearance of witnesses
before the judge and their participation in sittings of the Constitutional
Court shall be covered from the funds assigned to the Constitutional Court for
those purposes.
A person having the required knowledge to provide
findings may be appointed as an expert.
If necessary, several experts may be appointed.
The
judge who prepares the case for hearing shall have the
right to
ask questions to which the expert's findings must be provided, while each party to the case shall have such a
right during the sitting.
These questions shall be finally determined by the
Court. Upon the summons of the Court or
a judge, a person appointed as expert must be in attendance and provide the
objective findings on the questions posed.
Experts
shall have the right to get familiar with the case
material, to participate in the case hearing, to address witnesses and persons
participating in the case with questions, and to ask for additional material.
Penalties may be imposed on experts for failure to
attend upon the summons of the Court or a judge or for an unjustified refusal
to provide the findings.
Experts shall be liable in accordance with criminal
laws for providing the findings which are knowingly false. Experts shall be warned of this and shall
sign on.
Experts
shall be compensated for their work if the work is not
obligatory to them by virtue of their office, as well as for other
expenses incurred for participation in
the sitting of the Constitutional Court from the funds assigned to the Constitutional Court for
these purposes.
set
forth in the examination act which
state the executed
investigations, the findings made on their basis, and the reasoned answers to the questions posed by the Court.
If there are several experts, they shall deliberate
among themselves before providing the findings. If the experts reach the common findings, that findings shall be
signed by all of the experts. Experts
who do not agree with other experts shall sign their own findings.
Expert
findings shall have no obligatory force in advance.
Article
39. Compensation of Exr)enses Incurred
by Parties to the Case
Expenses of the parties to the case related to
attendance and participation in legal proceedings of the Constitutional Court
shall be compensated by the institutions which they represent.
Article
40. The Right of the Constitutional
Court to Impose Penalties
The Constitutional Court shall have the right to
impose penalties when:
1) officials and persons, at the set time and
without valid reasons, fail to fulfill the requirements of the Constitutional
Court or its judge to present documents or material, to approve documents or
texts of acts, or to carry out investigations;
2) without valid reasons, a witness or
expert fails to
attend,
refuses to attend, or does not inform of their failure to appear before the
Constitutional Court or the judge;
3) an expert, without valid reasons, refuses to
provide the findings;
4) a party to the case, after being
reprimanded once, speaks out of turn or insults participants of the sitting or
the Court a second time; and
5) a person who is in the court room violates
order or does not listen to the demands of the Chairperson of the
sitting to maintain order.
The Constitutional Court shall have the right to
impose a
Penalty
on citizens and representatives of the parties to the case equalling up to one
average monthly salary, and on officials - up to four average monthly salaries
for each case of violation.
When violations stated in the first part of this
Article are committed during a sitting, the decision of the Constitutional
Court concerning the imposition of a penalty shall be passed immediately during
the sitting. In other cases, the
decision concerning the imposition of a penalty shall be passed after the
investigation. In all cases, the
decision of the Constitutional Court concerning the imposition of a penalty
shall be entered into the record of the sitting where the name, surname,
working place and address of the violator shall be stated.
The decision of the Constitutional Court concerning
the imposition of a penalty (extract from the record of the sitting) shall be
sent to the bailiff to conduct.
Upon establishing that there are two or more
petitions concerning the conformity of the same legal act with the Constitution
or laws, the Constitutional Court may join them into one case before the
beginning of the court hearing.
Parties
to the case and their representatives shall be
informed by summonses of the
Court of the time of the sitting of the Constitutional Court and the time and
place of performance of separate procedural actions. Witnesses, experts and interpreters shall be summoned to the Court
by summonses as well.
Consequences for failure to
appear before the Court shall be stated in the summons.
Summonses shall be delivered through messengers or
by mail. The time when the addressee is
presented with the summons shall be stated in the delivered summons and in the
part of the summons returned to the Court which shall contain the signature
confirming the delivery of the summons.
Summons to appear in court for parties to the case
must be delivered no later than 7 days before the beginning of the sitting.
Sitting notices must be presented to judges of the
Constitutional Court no later than 7 days before the beginning of the
sitting. Duplicates of the material of
the case under examination shall be delivered to the judges upon the
commencement of the preliminary investigation of the material.
Section 2
Court Proceedings
A case
shall be investigated by the Constitutional Court only once the parties to the
case have been notified of this.
Absence of the parties in a court hearing shall not be an obstacle in
conducting the investigation of the case, passing a ruling or conclusion, or
adopting other decisions.
While investigating a case, the Constitutional Court must
directly examine evidence: they must listen to the statements of the persons
participating in the case, the testimony of witnesses, and the findings of
experts, and must examine written and other evidence.
The Court shall not have the right to investigate other
cases until the investigation of the case at hand is settled or its
investigation is suspended.
Only parties to the case, their representatives,
witnesses, experts, and invited specialists and officers may speak in the
Court.
Court hearings shall be presided over by the Chairperson
of the Constitutional Court; in the absence or on the instruction of the
Chairperson, hearings shall be presided over by the deputy Chairperson of the
Constitutional Court, and if they are also absent - by a judge selected by the
Constitutional Court other than the judge who is acting as speaker.
The presiding Chairperson: shall conduct the hearing and
take measures
to fully
and impartially investigate the circumstances of the case;
shall
exclude all things which are irrelevant to the case from the trial; shall
interrupt the parties if they speak about matters which are irrelevant to the
case or which are not within the jurisdiction of the Constitutional Court; and
shall deprive speakers of speech when they start speaking at their own will,
when they do not fulfill the requirements of the Chairperson of the court
hearing, when they speak in a rude or insulting manner, or when they show
disrespect for the Constitution or constitutional order of the State.
The Chairperson of the court hearing shall have the right
to require anyone who breaches procedure or disobeys his orders to leave the
court room. A party to the case who
ignores a reprimand of the Chairperson of the court hearing may be removed from
the court room by Court decision.
The Chairperson of the court hearing shall warn the
persons present in the court room that if their conduct interferes with the
court hearing and that upon repeated violation of order, they may be removed
from the court room.
The Chairperson of the Court shall announce a recess when
it is necessary to take a rest, when parties to the case must get
ready
for the final speech, at the end of working hours, when normal work is
obstructed, and in other cases.
The persons present in the court room must keep order and
respect the Court, and must, without objection, obey the Chairperson's demands to maintain order.
Minors,
if they are not witnesses, shall not be admitted
into the
court room.
When the
judges enter or leave the court room, and when the
decision
or ruling of the Constitutional Court is being declared, the court shall
rise. All parties to the action shall
stand while addressing the Court, speaking, and giving their testimony and
explanations.
The
Court shall be addressed with the words "High Court" or
"Honourable Court".
During
hearings of the Constitutional Court, order shall be kept by the Court clerk.
Demands of the clerk to keep order or to fulfill the
instructions of the Chair-person shall be obligatory to all parties to the
case.
If,
during the court hearing, parties to the case breach
order,
disobey demands of the Chairperson of the court hearing to keep order, or
violate other rules adopted by the Constitutional
Court, they may be removed from the court room or be held liable under law.
Article 47.
The Preparatory Stage of the Court Hearing
At the set time, the Chairperson of the court
hearing shall
announce the
commencement of the hearing of the Constitutional Court as well as which case shall be tried.
announce which
of the summoned persons are present as well as the reasons for which the other
persons have failed to appear before court.
The Court shall identify the persons who are present, and shall verify
the powers of the officials and representatives. If anyone from the parties fails to appear or if a representative
does not have due power, the Constitutional Court shall decide whether or not
it is possible to begin the hearing.
Experts and parties to the case shall be informed by the Chairperson of
the hearing of their rights and duties, and other summoned persons shall be
informed by the Chairperson of their duties and responsibility.
Requests of the parties to the
case shall be heard and settled by the Court.
Article 48.
Self-suspension or Suspension of Constitutional Court Judges
A Constitutional Court judge may
suspend himself or be suspended from the investigation of a case if he:
1) is a relative of one of the parties to the case and if the matter
in dispute is of a personal nature; or
2) has publicly declared how the case under investigation should be
settled.
If circumstances indicated in part 1 of this Article are present, the
judge must announce them in writing prior to the commencement of the hearing,
and must ask the Constitutional Court to settle the issue of the judge's
suspension. On the same grounds and
according to the same procedure, the parties to the case may also declare
justified suspension.
If a suspension has been
declared, the Constitutional Court must hear the arguments of the parties to
the case. The Court shall settle issues
of self-suspension or suspension in the room designated for deliberation.
The
investigation of a case may be suspended upon the decision of the
Constitutional Court if:
1) the issue has not been adequately prepared and
additional examination is necessary;
2) it is necessary to obtain new evidence; or
3) other vital reasons turn up.
In
suspending a case hearing, the
Constitutional Court may
set
another date for the hearing and announce that persons
present sign for this.
In
suspending a case hearing, the Court may question witnesses who are present and
who will normally no longer be summoned.
Having
renewed a case hearing, the Court shall decide
whether
to start the hearing DE nova or to
resume the hearing from place in the legal process where the case hearing was suspended.
The hearing of a case shall begin in essence with a speech
by the court speaker, in which the main points of the case, the cause and
grounds of its investigation, and the contents and other necessary data related
to the available material shall be established. The Constitutional Court judges may ask the speaker questions.
After this, the statements of the parties to the case shall be heard,
beginning with that of the petitioner.
These persons shall have the right to ask each other questions and to
voice their opinion on each other's statement or request. The Constitutional Court judges may also ask
them questions.
The Chairperson of the hearing shall read aloud the
written pleadings of the parties to the case.
Prior to
the questioning of witnesses, the Chairperson shall establish their identity
and shall warn them of their responsibility upon signing for refusal or
avoidance of giving evidence as well as for evidence which they know is false.
A
witness may be asked questions after giving testimony. The written evidence of witnesses shall be
read aloud at the Court hearing.
Written
evidence or the records of their examination shall be read aloud at the Court
hearing and shall be given to the
parties
to the case so that they can
familiarize themselves with the material, and
who thereafter shall be able to give their explanations.
Material evidence shall be examined by the
Court; evidence
shall
also be shown to the parties to the case, and, as necessary, to experts and
witnesses. Parties to the case may give
explanations relative to material evidence.
Expert
statements shall be read aloud at the Court hearing.
An expert may be asked questions. As necessary, the Court may set additional
or repeated expert examinations.
Upon examining all of the evidence, the Chairperson of the
court hearing shall ask the parties to the case if they want to supplement the
case material. The Court shall settle
requests by adopting decisions concerning them. When the requests have been settled or when there are no
requests, the Chairperson of the court hearing shall announce the completion of
the examination of evidence.
Court arguments shall consist of the statements of the
parties to the action. During court
arguments, the plaintiff and his representative shall present their statements
first, followed by the interested person and his representative.
After
that, the parties to the case may
speak for a second
time concerning the previous pleadings. The right to the final statement shall always belong to the interested person and his representative.
If the Constitutional Court acknowledges, in the
course of
the
court arguments, that new
circumstances pertaining to the case must be
disclosed or new evidence must be investigated, it shall adopt a decision for
the renewal of the examination of evidence.
Upon completing the investigation of the evidence, the Court shall hear
the arguments again according to the general procedure.
Minutes
shall be taken for each Court hearing, as well as
for each separate procedural action which is
performed outside of the court hearing.
Minutes shall be taken by the court hearing secretary.
Record of hearings of the Constitutional Court shall
indicate:
the place and the date of the hearing and as well as the time of its commencement and conclusion;
the full name and office of the Chairperson of
the hearing;
the full names of the judges participating in
the case and
the
secretary of the hearing;
the
issue under investigation;
data
relative to the parties to the case;
the witnesses and experts participating in the case; other officials present at the hearing;
the consecutive order and the results of the actions of the Constitutional Court;
the
decisions of the Constitutional Court;
the
explanations and statements of the parties to the case; records of warnings
issued to witnesses and experts concerning their responsibility;
the
evidence of witnesses and experts;
the questions put to parties to the case, witnesses and experts as well as their responses;
data concerning the examination of documents and other evidence;
the
contents of pleadings;
facts which parties to the action request to be entered in the record;
violations of procedure as well as other facts concerning contempt for the Constitutional Court, reprimands, penalties and other procedural measures; and that the decision or other ruling has been read aloud.
The
course and speeches of Constitutional Court hearings must be recorded in the minutes as accurately and
comprehensibly as possible. The
evidence of witnesses and the findings of experts shall be recorded on a
separate sheet and shall be signed by them;
these evidence and findings shall be attached to the record as a
constituent part. Hearings may be recorded
in shorthand, although the stenographic record of a hearing shall not be added
to the record.
Audio and video recordings made during a hearing
shall be added to the record and the existence thereof shall be indicated in
the record.
The record must be completed within 2 days of the
conclusion or suspension of the hearing.
A printed version of the record shall be signed by the Chairperson of
the Constitutional Court and by the secretary of the hearing.
Article
53. Confidentiality of Deliberations of
the
Constitutional
Court
Constitutional
Court judges who have participated in court
arguments shall retire to the deliberation room to make a ruling. The Chairperson of the hearing shall announce this to the persons present in the court room.
During the deliberation and adoption of decisions
or conclusions, only Constitutional Court judges may be present in the
deliberation room.
The
Chairperson of the hearing shall lead the deliberation
of the judges, guaranteeing them
the opportunity to express their opinion freely and without hindrance. In seeking a thorough and exhaustive
deliberation, the Chairperson shall organize voting
as well as the recording and drawing up of the resolution.
Upon the conclusion of deliberation, the
Constitutional
Court may invite the Court officer
to the deliberation room to be dictated and record the ruling or
conclusion of the Constitutional Court.
Neither
the Constitutional Court judges nor the officer who
participated
in the hearing shall have the right to announce the
opinions voiced in the deliberation room or how the judges voted.
In adopting a ruling, the Court shall weigh the
evidence and state which preponderant circumstances have been established and
which have not been established, which Constitutional or lawful norm must be
applied in the case at hand, and whether the petition is awardable.
The Court shall base its ruling only on the
evidence which was investigated during the court hearing.
The Court shall, upon deciding in deliberation that
new circumstances must be disclosed or new evidence must be investigated, pass
a decision to renew the investigation of the case and shall determine which
additional procedural actions must be performed.
Article
55. Procedure for Adopting a
Constitutional
Court
Ruling
The ruling of the Constitutional Court concerning
the case shall be made in the deliberation room. The ruling must be presented
within 1 month of the completion of the investigation of the case.
Rulings shall be made by majority vote. In the event of a tie vote, the vote of the
Chairperson of the hearing shall be decisive.
Judges shall not have the right to refuse to vote or to abstain from
voting.
Adopted rulings shall be set forth in writing and
signed by all the participating judges.
The discussion of amendments to rulings must be put
in writing prior to the signing by judges.
Article
56. The Contents of Constitutional
Court Rulings
The ruling of the Constitutional Court on a case shall be drawn up as a separate document.
It shall
state:
the
title, date and place of the ruling;
the
composition of the Constitutional Court;
the
secretary of the hearing;
the
parties to the case and their representatives;
the
issue under investigation and its grounds;
the
articles of the Constitution and this
Law which
establish the right of the Constitutional Court to
investigate the issue;
the
request set forth in the appeal;
the full
title of the legal act whose constitutionality was examined as well as the
source wherein it was declared and wherefrom it was received;
the
action or decision of a Seimas member or state officer whose constitutionality
was examined;
the
circumstances established by the Constitutional Court;
the
arguments and proof upon which the ruling of the Constitutional Court is based,
and, if necessary, the arguments refuting other opinions; The Constitutional norm on the basis of which the Constitutional Court establishes the compliance of
an act or action with the Constitution;
the
resolution of the ruling; and
an
indication that the ruling is final and not subject to appeal.
Article
57. Announcement in Court of Rulings of
the
Constitutional
Court
Having adopted a ruling, the Constitutional Court
shall return to the court room and the Chairperson of the hearing shall
announce the Court ruling.
All present in the court room, with the exception
of the Constitutional Court judges, shall stand to hear the ruling.
Upon the adoption of the ruling, neither the
parties to the case nor other institutions and persons may raise the issue
concerning the conformity of the investigated legal act with the Constitution
or laws in Court again, nor may they appeal against the conclusion of the Court
or the Court established facts and legal relations.
Upon
announcing the ruling, the Constitutional Court may, on its own initiative or
at the request of the parties to the case, correct inaccuracies or editor's
mistakes which are in the ruling. A
corresponding decision shall be passed at the Court hearing concerning
this. Parties to the case must be
notified about the date and place of such a hearing.
Rulings of the Constitutional Court shall be final
and shall not be subject to appeal.
Constitutional
Court rulings, within 2 days of their adoption, shall be sent to:
the judges of the Constitutional Court;
the parties to the case;
the Seimas, the President of the Republic, the
Government;
and the
Chairperson of the Supreme Court, the Prosecutor
General,
and the Minister of Justice.
The Chairperson of the Constitutional Court may
order that a Constitutional Court ruling be sent to other institutions,
officers, or persons.
Rulings
of the Constitutional Court may only be officially interpreted by the
Constitutional Court at the request of the parties to the case, of other
institutions or persons to whom it was sent, or on its own initiative.
A
decision concerning an interpretation of a Constitutional
Court ruling shall be passed at
a Constitutional Court hearing as a separate
document. Parties to the case must be
notified about the date and place of such
a hearing.
The Constitutional Court must
interpret their rulings
without changing their contents.
Constitutional Court rulings may be reviewed on their own initiative if:
1) new, vital circumstances turn up which were unknown to the Constitutional
Court
when the ruling was passed; or
2) the
constitutional norm on which the ruling was based has changed.
In such a case, the Constitutional Court shall
adopt a decision and start the investigation of the case de novo.
A decision of the Constitutional Court concerning
its ruling may also be reviewed if the ruling was not interpreted according to
its actual contents.
Chapter 4
Legal Proceedings for Investigation Requests
The Compliance of Legal Acts with the Constitution
Article
63. The Constitutional Court's Jurisdiction over
Cases
Concerning the Compliance of Legal Acts with the Constitution
The
Constitutional Court shall examine
cases concerning:
1) the
compliance of laws and other acts
of the Seimas with the Constitution of the Republic of Lithuania;
2) the compliance of the acts of the President of
the Republic with the Constitution and laws; and
3) the compliance of the acts of the Government
with the Constitution and laws.
While investigating the cases specified in part 1
of this Article, the Constitutional Court shall examine the compliance of the
entire act as well as a part thereof with the Constitution and the laws.
Article
64. Grounds and Cause for the
Examination of Cases Concerning the Compliance of Legal Acts with the
Constitution
The grounds for the examination of a case concerning the
compliance of a legal act with the Constitution in the Constitutional Court
shall be a legally justified doubt that the contradicts the Constitution entire
legal act or part thereof according to:
1) the contents of norms;
2) the extent of regulation;
3) form;
and
4) the procedure of adoption, signing and promulgation which has been specified in the Constitution.
The cause for examining a case concerning the
compliance of a legal act with the Constitution shall be the procedure
prescribed by this Law and the filing of a petition of the established form
with the Constitutional Court.
Article
65. Filing a Petition with the
Constitutional Court for the Investigation of the Compliance of a Legal
Act with
the Constitution
The right to file a petition with the
Constitutional Court concerning the compliance of a legal act with the
Constitution shall be vested in:
1) the Government, groups consisting of at least 1/5
of all
Seimas
members, and the courts for cases concerning a law or other act adopted by the
Seimas;
2)
groups consisting of at least 1/5 of all
Seimas members
and the
courts for cases concerning an act of the President of the Republic; and
3)
groups consisting of at least 1/5 of all
Seimas members,
the
courts, and the President of the Republic for cases concerning Governmental
acts.
Article 66. The Contents of Petitions for the
Examination
of the
Compliance of Legal Acts with the Constitution
Petitions
for the examination of the compliance of legal acts with the Constitution must
contain:
1) the addressee - the Constitutional Court;
2) the name and address of the petitioner;
3) information about the representative of the
petitioner
and his powers, with the exception of ex officio
representation;
4) the name and address of the state
institution which has
adopted a disputable legal act;
5) the norms of the Constitution and this Law
which provide
the
right to appeal with a petition to the Constitutional Court;
6) the
precise name of the disputable legal act, its number, the date of its adoption,
and other information which is necessary for identification thereof, as well as
the source of its publication (if it was publicized);
7) concrete grounds for the investigation of the
case with references to the norms provided for in this Law;
8) the position of the petitioner concerning the
conformity of an appropriate act with the Constitution and legal support of
such position containing references to laws;
9) a formulated petition to the Constitutional
Court; and
10) the list of appended documents.
The
petition shall be signed by the head of the institution which has been granted
the right to appeal to the Constitutional Court. The petition of the Government must be supported by a directive of the Government which shall be appended to
the submitted documents. Petitions of Seimas member groups shall be
signed by all Seimas members who file the petition and their
representative (representatives) shall be indicated; the signatures of said Seimas members shall be confirmed by the
signature of the Chairperson or Deputy Chairperson of the Seimas.
The
following shall be appended to the petition:
1) a duplicate of the whole text of the disputable legal act;
2) power of attorney or other document which
confirms the
powers
of the representative, with the exception of cases of ex officio
representation; and
3) notary-approved translations into the
Lithuanian language
of all documents and other material which has
been written in a language other than
Lithuanian.
summoned to the hearing of the Constitutional
Court, findings of specialists, as well
as other documents and material may be appended to the petition. The
circumstances which each witness may confirm shall be indicated next to their
name.
The
petition and appendices thereto specified in part 3 of this Article shall be
submitted to the Constitutional Court
along
with 30 copies of the duplicate. When necessary, the Chairperson of the Constitutional Court may charge the
petitioner
to submit up to 30 duplicates each of other appendices.
Article
67. The Contents of Petitions Filed
with the
Constitutional
Court by the Supreme Court of
Lithuania,
the Court of Appeals of Lithuania, and
District
and Area Courts
Provided that there are grounds to consider that a law or
other legal act, which shall be applicable in a concrete case, fails to conform
with the Constitution, the court (judge) shall suspend the examination of said
case and, with regard to the competence of the Constitutional Court, shall
appeal to it with a petition to decide whether the said law or other legal act
is in conformity with the Constitution.
The Supreme Court of Lithuania, the Court of Appeals of
Lithuania, and district and area courts shall appeal to the Constitutional
Court pursuant to a decision. The
following must be indicated in the decision:
1) the time and place of the adoption of the
decision;
2) the name and address of the court which has
adopted the
decision;
3) the composition of the court which has adopted
the decision and the parties to the case;
4) brief contents of the case and the laws by which the parties to the case support their demands or rebuttals;
5) arguments presenting the opinion of the
court on the non-conformity of a law or
other legal document with the Constitution; and
6) a
formulated petition of the court to the Constitutional Court.
The court decision shall be supplemented by:
1) the
suspended case; and
2) the
duplicate of the whole text of the disputable act.
30 copies of the Court decision and 30 duplicate copies of the disputable
legal act shall be submitted to the Constitutional Court. After the investigation of a case, the
Constitutional Court shall return the
presented suspended case to the appropriate
court.
Article 68.
Withdrawal of Petitions to Examine the
Conformity of a Legal Act with the Constitution
Upon the consent of the Chairperson of the Constitutional Court, the
institution which has filed a petition to examine the conformity of a legal act
with the Constitution may withdraw it prior to the setting of the investigation
of said case at a court hearing.
Article
69. Refusal of the Constitutional Court
to Considei Petitions for the Examination of the
Constitutionality of a Legal Act
By a decision, the Constitutional Court shall refuse to
consider petitions for the examination of the constitutionality of a legal act
if:
1) the petition was filed by an institution or
individual
who does
not have the right to appeal to the Constitutional Court;
2) the examination of the petition does not fall
under the jurisdiction of the Constitutional Court;
3) the constitutionality of the act indicated in the petition has already been investigated by the Constitutional Court and the resolution on this issue adopted by the Constitutional Court is still in force;
4) the
Constitutional Court has already initiated the
examination
of a case concerning the same issue; and
5) the
petition is grounded by non-legal motives.
In
refusing to consider a petition to investigate the
conformity
of a legal act with the Constitution, the
Constitutional
Court shall adopt a justified decision, the
duplicate
of which shall be sent or handed to the petitioner.
In the event that the grounds for refusal to consider a
petition have been established after the initiation of the examination of the
case during the session of the Constitutional Court, a decision to dismiss the
case shall be adopted.
The
annulment of a disputable legal act shall be grounds to
Adopt a decision to dismiss the initiated legal proceedings.
Article
70. The Return of a Petition to Examine
the
Constitutionality
of a Legal Act to the Petitioner
In the case that a petition or appendices thereof fail to
comply with the provisions set forth in Articles 66 and 67, the Chairperson of
the Constitutional Court shall return the petition to the petitioner on his own
initiative or on the initiative of a judge.
The return of a petition shall not take away the right to
appeal to the Constitutional Court according to the general procedure after
abolishing reasons thereof.
Article 71.
Types of Constitutional Court Decisions
in Cases Concerning the Conformity of Legal Acts
with the Constitution
Upon examining a case concerning the conformity of a
legal act with the Constitution, the Constitutional Court shall adopt one of
the following rulings:
1) to
recognise that a legal act is in conformity with the Constitution and laws; and
2) to recognise that a legal act contradicts the
Constitution and
laws.
In the case
provided for in item 2 of part I of this
Article, it shall
be indicated what concrete Articles of the Constitution or provisions thereof or what concrete laws with which the
legal act fails to conform.
In cases
when one part of a legal act has been determined to be in conformity with the
Constitution or laws, while the other part thereof has been determined to be in
contradiction with the Constitution or laws, it shall be precisely indicated in
the ruling of the Constitutional Court.
Article
72. Consequences of the Recognition of
a Legal Act
as Being
Contradictory to the Constitution
Laws of the Republic of Lithuania (or a part
thereof) or other Seimas acts (or a part thereof), acts of the President of the
Republic, or acts of the Government (or a part thereof) shall not be applicable
from the day that a Constitutional Court Ruling that the appropriate act (or a
part thereof) contradicts the Constitution of the Republic of Lithuania is
publicized. The same consequences shall
arise when the Constitutional Court adopts a ruling that an act of the
President of the Republic or act of the Government (or a part thereof) is in
contradiction with laws.
Rulings adopted by the Constitutional Court shall
have the power of law and shall be binding to all governmental institutions,
companies, firms, and organisations as well as to officials and citizens.
All governmental institutions as well as their
officials must revoke executive acts or provisions thereof which they have
adopted and which are based on an act which has been recognized as
unconstitutional.
Decisions based on legal acts which have been
recognized as being contradictory to the Constitution or laws must not be
executed if they have not been executed prior to the appropriate Constitutional Court ruling became effective. The power of the Constitutional Court to recognize a legal act or part
thereof as unconstitutional may not be
overruled by a repeated adoption of a like legal act or part thereof.
Chapter 5
Consideration of Inquiries Concerning Rulings
Article
73. Conclusions Presented by the
Constitutional
Court
The Constitutional Court shall present the following rulings:
1)
whether violations of the laws on elections occurred
during
the elections of the President of the Republic or the Seimas;
2)
whether the President of the Republic's capacity to
continue
in office is limited by reasons of health;
3)
whether international agreements
of the Republic of
Lithuania are in conformity with the Constitution. The conclusion concerning an international agreement may be requested prior to the ratification thereof by the Seimas; and
4)
whether the concrete actions of the
Seimas members or
state
officials to whom impeachment proceedings have been initiated contradict the
Constitution.
Article
74. Filing an Inquiry with the
Constitutional Court
Only the
Seimas may request the Constitutional Court conclusion on all issues specified
in Article 73 of this Law.
The
President of the Republic may appeal to the Constitutional Court with an
inquiry concerning the election of the Seimas members and international
agreements.
Article
75. Cause for the Preparation of a
Constitutional
Court
Conclusion
The cause for the preparation of a conclusion of
the Constitutional Court shall be the procedure established by this Law and the
filing of an inquiry of an established form with the Constitutional Court.
The
following must be indicated in the inquiry:
1) the addressee - the Constitutional Court;
2) the name and address of the inquirer;
3) the
norms of the Constitution and this Law which establish the right to file an
inquiry with the Constitutional Court;
4) the actions whose constitutionality are
proposed to be
verified
and the circumstances of their execution; when the inquiry concerns an
international agreement - its exact name, number, date of signing, and other
necessary information as well as the source of publication (if it was
publicized);
5) a justified petition to the Constitutional Court;
and
6) the list of appended documents.
Inquiries
of the Seimas may be set forth in a resolution. In other cases, a Seimas resolution on the approval of the
inquiry must be included.
The inquiry shall be signed by the Seimas Chairperson or
acting deputy; the President of the Republic.
An
inquiry must be supplemented by:
1) a duplicate of the whole text of the agreement;
2) appropriate evidence and duplicates of the
officials'
decisions;
and
3) notary approved translations into the
Lithuanian language
of documents
and other material which was written in a language other than Lithuanian.
The list
of witnesses and experts who are proposed to be
invited to the session of the Constitutional Court, findings of specialists, a document concerning the powers of representatives
and the
right thereof to speak in the Constitutional Court on behalf of the applicant,
as well as other documents and material may be appended to the inquiry. The circumstances which each witness may
confirm shall be indicated next to his or her surname.
submitted
to the Constitutional Court with
30 duplicate copies.
When
necessary, the Chairperson of the
Constitutional Court may also demand the up to 30 duplicate copies each of
other documents.
Article
77. Inquiries Concerning the Violation
of the Law on the Elections to the Seimas
Institutions indicated in Article 74 of this Law shall
appeal to the Constitutional Court with inquiries concerning possible
violations of the laws on elections during the elections of the President of
the Republic or the Seimas elections within 3 days after the publication of the
official election results.
The Constitutional Court shall examine and evaluate only
the decisions made by the Central Electoral Committee or the Electoral
Committee for Elections of the President of the Republic or the refusal thereof
to examine complaints concerning the violation of laws on elections in cases
when such decisions were adopted or other actions were carried out after the
termination of voting in the elections of the President of the Republic or the
Seimas.
Inquiries
shall be examined within 72 hours of their filing
with
the Constitutional Court.
The terms specified in this
Article
shall also include non-working days.
Article
78. Inquiries Concerning the President
of the
Republic's
State of Health
Only the Seimas shall have the right to submit an inquiry
to the Constitutional Court concerning the President of the Republic's capacity
to continue in office due to health reasons.
The inquiry must be confirmed by a resolution adopted by majority vote
of more than half of all the Seimas members.
The inquiry or appropriate resolution of the Seimas must
be accompanied by a Seimas approved conclusion of the medical commission. When necessary, other evidence describing
the health condition shall be appended thereto.
An inquiry concerning the presentation of a conclusion may
be withdrawn prior to the commencement of a Constitutional Court hearing by the
institution which has filed it.
Article
80. Refusal to Examine an Inquiry in
the
Constitutional
Court
The Constitutional Court shall refuse to examine an
inquiry concerning the presentation of a conclusion in the following cases:
1) when the inquiry has been filed by an
institution or
individual
who does not have the right to appeal to the Constitutional Court;
2) when the inquiry is not grounded on legal
motivates;
3) when the examination of a concrete issue does
not fall
under
the jurisdiction of the Constitutional Court;
4) in the absence of an action or decision whose constitutionality must be verified; and
5) when the issue raised in the inquiry, with the
exception
of cases
provided for in paragraph 2 of Article 73 of this Law, has already been
investigated in the Constitutional Court and the conclusion adopted by the
Constitutional Court concerning this issue is still in force.
If in the course of the examination of the inquiry the
matter under investigation ceases to exist, the Constitutional Court shall
dismiss the initiated legal proceedings on the grounds thereof.
The Chairperson of the Constitutional Court, on personal
initiative or on the proposal of one of the judges, shall return inquiries to
the applicants if the inquiry or appendices thereto fail to comply with the
requirements set forth in Article 76 of this Law.
Returning of an inquiry shall not take away the right to
appeal to the Constitutional Court according to the general procedure once the
reasons for the return have been eliminated.
Article
82. Procedure for the Examination of
Inquiries in
the
Constitutional Court
Inquiries
pertaining to the constitutionality of international treaties of the Republic
of Lithuania shall be examined according to the general rules for the
examination of the constitutionality of legal acts.
Other
issues shall be examined at the discretion of the Constitutional Court in
adhering to a simpler procedure.
Disputes which arise shall be settled in accordance with the regulations
prescribed by this Law.
Upon the examination of an inquiry, the Constitutional
Court shall adopt a conclusion.
The conclusion presented by the Constitutional Court shall
be final and shall not be subject to appeal.
Chapter 6
Final Provisions
Article
84. Publicizing Decisions of the
Constitutional
Court
The
rulings and conclusions of the
Constitutional Court, as well as, if necessary, other decisions thereof, shall be officially publicized in: a
separate chapter of "The News of the Seimas and the Government of the
Republic of Lithuania"; a special publication of the Seimas; and newspapers through the Lithuanian
News Agency (ELTA).
Rulings
of the Constitutional Court shall become effective on the day that they are
publicized in one of the above mentioned publications.
Article
85. Provision of Funding to and
Material Supply of the Constitutional Court
The Constitutional Court shall be financed from the State
Budget. On the proposal of the Chairperson of the Constitutional Court, the Seimas shall approve the amount of funding in a special line
The functioning of the Constitutional Court as well as the
material and technical supply thereof shall be guaranteed by the Government of
the Republic of Lithuania, which shall adhere to the principles of independence
of the judges and the activities of the Court as established in this Law.
The Constitutional Court shall have an assisting staff,
the structure and by laws of which shall be approved by the Constitutional
Court.
Article
87. Protection of the Constitutional Court
The
protection of the buildings and premises of the
Constitutional Court, and, upon
the instruction of the
Chairperson of the
Constitutional Court, of the judges of
the Constitutional Court, shall be
vested in the Ministry of Internal Affairs.
In the
court room of the Constitutional Court there shall be a picture of the State Emblem of the Republic of
Lithuania, a flag of the State, and a
special edition of the Constitution of the Republic of Lithuania.
During hearing, judges of the Constitutional
Court shall
wear
judge's gowns, the description and
sample of which shall be approved by the Constitutional
Court. Until such a sample is approved,
approved Supreme Court judge gowns
may be used.
The Constitutional Court shall be a legal person and have a
seal
with a picture of the State Emblem of the Republic of
Lithuania
and the title "the Constitutional Court of the
Republic
of Lithuania".
The permanent office of the Constitutional Court shall be
the city of Vilnius. Hearings of the
Constitutional Court shall be held in its permanent office.
ALGIRDAS
BRAZAUSKAS
Acting
President
of the
Republic
of
Lithuania
Vilnius
3
February 1993
No.I-67