THE CONSTITUTIONAL COURT OF
THE REPUBLIC OF LITHUANIA
DECISION
Republic of Lithuania "On the dissolution of Vilnius City
Council and some measures necessary to improve the
activities in local governments", adopted on April 15, 1993,
with the Constitution of the Republic of Lithuania
17 September 1993, Vilnius
The Constitutional Court of the Republic of Lithuania,
composed from Justices of the Constitutional Court Algirdas
Gailiūnas, Kęstutis Lapinskas, Zigmas Levickis, Vladas
Pavilonis, Pranas Vytautas Rasimavičius, Stasys Stačiokas,
Teodora Staugaitienė, Stasys Šedbaras and Juozas Žilys,
the secretary of the hearing - Rolanda Stimbirytė,
the petitioner - Petras Algirdas Miškinis,
representative of the group of the members of the Seimas,
the party concerned - the Seimas representatives Juozas
Bernatonis and Nijolė Šidagienė,
pursuant to Part 1 of Article 102 of the Constitution
of the Republic of Lithuania and Part 1 of Article 1 of Law
on the Constitutional Court, the Court in its public sitting
conducted the investigation of Case No 2 subsequent to the
petition submitted to the Court by a group of the Seimas
members to investigate the conformity of the Seimas
decision, adopted on April 15, 1993 "On the dissolution of
Vilnius City Council and some measures necessary to improve
the activities in local governments" with the Constitution
of the Republic of Lithuania.
The Constitutional Court
e s t a b l i s h e d :
Subsequent to the suggestions made by the Government of
the Republic of Lithuania as well as the Seimas Committee
for local governments, the Seimas of the Republic of
Lithuania, by the decision "On the commission for the
investigation of the situation in Vilnius City Council and
Board", adopted on February 3, 1993, formed the commission
and obligated it to present their conclusions to the Seimas
until 31 March, 1993. The commission has taken two
alternative decisions:
1. Not to recommend the Seimas of the Republic of
Lithuania to dissolve Vilnius City Council and to resolve
the issue of dismissing guilty officials from their
respective posts.
2. To take measures for the dissolution of Vilnius City
Council.
The Seimas Committee for local governments in the
sitting on 22 March, 1993 considered the conclusions of the
Commission, approved of them and appealed to the Seimas with
the request to change the status of the Commission entitling
it to the right of proposing the Seimas to dissolve Vilnius
City Council.
The Seimas, pursuant to Article 123 of the Constitution
of the Republic of Lithuania and Article 28 of the Law of
the Republic of Lithuania "On the Fundamentals of Local
Government " as well as the Law "On Direct Administration on
Local Government Territory" and on the basis of the
conclusions of the Commission formed to investigate the
situation in Vilnius City Council and Board, on April 15,
1993 adopted the decision "On the dissolution of Vilnius
City Council and some measures necessary to improve the
activities in local governments". The Seimas decided :
1. To dissolve Vilnius City Council of local government
and to introduce direct administration on local government
territory until the formation of the new Vilnius City
Council.
In the time of direct administration on local
government territory to suspend the validity of the Law of
the Republic of Lithuania on Fundamentals of Local
Government.
2. In conformity with Part 7 of Article 26 of the Law
on Labour Contract, to dismiss from office Valentinas
Šapalas, chairman of Vilnius City Council, Alvydas Karalius,
deputy chairman of the Council, Vytautas Jasiulaitis, mayor
of the city and Vidutis Kamaitis, deputy mayor of the city.
3. To charge the Government of the Republic of
Lithuania with:
(1) immediately appointing an authorised official of
the Government on Vilnius territory and resolving the issues
of transferring to him material values and documentation.
(2) approving the appointment and salary lists of the
staff of the Executive body of the authorised official.
5. To commission the Seimas Committee for Local
Governments of the Republic of Lithuania until May 15, 1993
to draft the amendments to the laws of the Republic of
Lithuania on the Fundamentals of Local Government and
Elections to Councils of Local Government; and the Central
Electoral Committee - to amend the procedure of the
elections to councils of local governments prescribed by law
and set the date for the elections to Vilnius City Council.
6. To present to the Prosecutor General of the Republic
of Lithuania the material collected by the commission formed
to investigate the situation in Vilnius City Council and
Board.
(Parliamentary Record of the Seimas of the Republic of
Lithuania, 1993, No 13-314).
The petitioner requests the Constitutional Court to
investigate the conformity of the Seimas decision, dated
April 15, 1993, "On the dissolution of Vilnius City Council
and some measures necessary to improve the activities in
local governments" with the Constitution of the Republic of
Lithuania. The request is based on the following legal
motives:
1. The Seimas decision was passed in the violation of
Part 2 of Article 69 of the Constitution of the Republic of
Lithuania, as this decision was not adopted by majority vote
of the Seimas members participating in the sitting.
2. The decision in its contents contradicts the
provision established in Part 4 of Article 123 of the
Constitution of the Republic of Lithuania which does not
provide for the dissolution of the Council of local
government. For the purpose of regulating the fundamentals
and the procedure of the introduction of direct
administration, the Seimas should enact a law or coordinate
the law adopted on December 27, 1992 "On Direct
Administration on Local Government Territory" with the
Constitution of the Republic of Lithuania. The above
mentioned law was adopted at the time when the Provisional
Basic Law was in force on the territory of the Republic of
Lithuania.
3. The Seimas groundlessly relied on Article 28 of the
Law on the Fundamentals of Local Government, promulgated on
February 12, 1990, as the conclusions of the Commission did
not specify which acts of the bodies of local government
contradicted the Constitution of the Republic of Lithuania.
Besides, there were no directives on the part of any
authorised State bodies to terminate unlawful actions of the
City Council.
Representatives of the party concerned, considering
that the Seimas decision is in compliance with the
Constitution of the Republic of Lithuania, suggested the
following explanation to the Constitutional Court:
1. The Seimas in passing the decision relied on the
Provisional Seimas Statute, which regulates the procedure of
the enactment of the Seimas laws and other regulations. In
conformity with provisions of the Statute, the number of the
Seimas members participating in the sitting shall be
established by the registration before voting. During the
adoption of Part 1 105 Seimas members were registered, among
them 53 members voted in favour of it, therefore, this part
was adopted in full conformity with the established in the
Seimas procedure. The Seimas members who observe evident
violation of the Provisional Seimas Statute, did not take
into consideration the procedure established in Article 98
of the Statute which provides for the right to demand
further investigation of the case within no less than a
week.
2. Article 3 of the Law on the Procedure of the
Enforcement of the Constitution of the Republic of Lithuania
establishes that provisions of the laws of the Republic of
Lithuania which determine the status of the supreme
institutions of State power and administration of the
Republic of Lithuania as well as the status of deputies of
local governments shall be effective until the elected
Seimas decides otherwise. In conformity with this Article
the conclusion is drawn that the Law on the Fundamentals of
Local Government as a whole and its Article 28, taken
separately, as well as the Law on Direct Administration on
Local Government Territory are valid. It is established in
these laws that the introduction of direct administration on
local government territory is connected with the dissolution
of the Council of local government. Nevertheless, the
petitioner does not appeal to the Court according to the
procedure prescribed by law to prove the compliance of these
laws with the Constitution of the Republic of Lithuania.
3. Article 28 of the Law on the Fundamentals of Local
Government provides for three legal cases of the dissolution
of the Council of local government. Each of them, taken
separately, can be a ground for the dissolution of the
Council of local government. The conclusions of the
Commission as well as their inseparable certificates contain
data enough to prove constant and gross violations of laws
committed by Vilnius City Council and other executive
bodies, which disregard the demands of State bodies to
terminate unlawful acts. Vilnius City Council did not
exercise control over the activities of executive bodies
accountable to it.
The Constitutional Court
holds that:
1. Pertaining to the compliance of the adoption
procedure of the decision of the Seimas of the Republic of
Lithuania "On the dissolution of Vilnius City Council and
some measures necessary to improve the activities in local
governments" adopted on April 15, 1993, with the
Constitution of the Republic of Lithuania.
Pursuant to Point 4 of Part 1 of Article 64 of the Law
on the Constitutional Court, the Court examines a case
concerning the compliance of a legal act with the
Constitution of the Republic of Lithuania only according to
the procedure of adoption which has been specified in the
Constitution.
Article 69 of the Constitution of the Republic of
Lithuania establishes the rules of law enactment. Part 2 of
Article 69 establishes a universally recognized provision
that laws shall be deemed adopted if the majority of the
Seimas members participating in the sitting vote in favour
thereof. The Constitution also establishes the rules of the
Constitutional laws enactment and amendment or supplementing
by a majority vote of two - thirds of the total number of
the deputies. The Constitution of the Republic of Lithuania
does not provide for other provisions concerning the
adoption of laws or other acts of the Seimas. In the
adoption of the Seimas decision in dispute the general rule
established in Part 2 of Article 69 of the Constitution of
the Republic of Lithuania had to be observed.
The Seimas is given the right by the Constitution of
the Republic of Lithuania to establish concrete procedures
of law enactment in accordance with law. At present these
procedures are determined in the Provisional Statute of the
Seimas. The number of Seimas members participating in the
sitting is fixed at the beginning of the sitting by way of
their registration or, upon the instruction of the Chairman
of the Seimas, during the sitting. Subsequent to the
evidence, the Constitutional Court has drawn the conclusions
that the registration of the Seimas members was conducted
immediately before voting Part 1 of the decision in dispute.
The results of voting showed that Part 1 of the decision "On
the dissolution of Vilnius City Council and some measures
necessary to improve the activities in local governments"
was adopted by the majority vote of all the Seimas members
participating in the sitting.
2. Pertaining to the compliance of the Seimas decision
"On the dissolution of Vilnius City Council and some
measures necessary to improve the activities in local
governments" with Article 123 of the Constitution of the
Republic of Lithuania.
Article 152 of the Constitution of the Republic of
Lithuania prescribes that the procedure for the enforcement
of this Constitution and separate provisions thereof shall
be regulated by Law of the Republic of Lithuania "On the
Procedure for the Enforcement of the Constitution of the
Republic of Lithuania", which together with the Constitution
of the Republic of Lithuania was adopted by referendum.
In compliance with Article 3 of this law, provisions of
the laws of the Republic of Lithuania which determine the
status of the supreme institutions of State power and
administration of the Republic of Lithuania as well as the
status of deputies and local governments shall be effective
until the elected Seimas decides otherwise. Therefore, Part
1 of Article 123 of the Constitution of the Republic of
Lithuania entitles Seimas to the right to introduce direct
administration on local government territory in cases and
according to the procedures provided by law, that are
determined by Law "On the Fundamentals of Local
Government", 12 February, 1990 and Law "On Direct
Administration on Local Government Territory", 27 December,
1990.
Article 2 of the Law of the Republic of Lithuania "On
Direct Administration on Local Government territory"
establishes that direct administration is introduced on the
dissolution of a respective local government Council, on the
release from office officials appointed or elected to this
post and on the suspension of the validity of the laws on
local government.
The Seimas of the Republic of Lithuania is entitled to
the right to apply these laws, to resolve the issue of the
dissolution of the Council of local government, temporarily
introducing direct administration and suspending the laws of
local government on its territory. This procedure shall be
changed by a new law.
The Seimas of the Republic of Lithuania while adopting
the decision "On the dissolution of Vilnius City Council and
some measures necessary to improve the activities in local
governments" which provides for the following cases and
procedures of the dissolution of Council of local
government: if the activity of the bodies of local
government contradicts the Basic Law of the Republic of
Lithuania; if the bodies of local government grossly violate
the laws of the Republic of Lithuania or constitutional
rights of citizens, disregarding the demands of the
authorized state bodies of the Republic of Lithuania to
terminate illegal action. The Council of local government
shall be dissolved by the motivated decision of the Seimas
of the Republic of Lithuania adopted on the basis of the
conclusions presented by the specially formed commission of
the deputies of the Seimas.
The Commission formed to investigate the situation in
Vilnius City Council and Board stated in their conclusions
and suggestions that Vilnius City Council does not resolve
the issue concerning the economic and strategic
infrastructure of the city, does not effectively supervise
the activities of the Board, does not have the conception of
the city territory supervision for which reason the
activities of the Council of People's Deputies are
diminished, does not exercise control of the process of
privatization, constant violations of the directives of the
Government concerning the lease of uninhabited lodging can
be observed, it rents plots of land on a non-competition
basis and the organization of the privatization of the plots
of land is insufficient. Some officials abusing their
official position, have acquired or changed their flats. In
the conclusions and suggestions it is specified that Vilnius
City Council and its Board have made violations of the
financial discipline in establishing the tariffs of housing
maintenance, did not ensure the supply of the citizens with
hot water according to fixed timetables as well as other
violations established in certificates No 4, No 5, No 6.
However, the Commission, having enumerated all the
above mentioned violations, did not qualify them according
to the provisions prescribed in Part 1 of Article 28 of the
Law "On the Fundamentals of Local Government" as well as did
not shape the conclusion concerning the dissolution of
Vilnius City Council, presenting the Seimas only two
alternative decisions.
The Seimas of the Republic of Lithuania in the decision
"On the dissolution of Vilnius City Council and some
measures necessary to improve activities in local
governments" did not specify legal motives, i.e. the
decision does not specify which decisions and regulations of
Vilnius City Council and local government contradict the law
of the Republic of Lithuania and the constitutional rights
of the citizens.
The Seimas, having adopted the unmotivated decision,
violated the provision of Part 2 of the Law of the Republic
of Lithuania "On the Fundamentals of Local Government",
which is based on Article 123 of the Constitution of the
Republic of Lithuania.
Pursuant to Article 102 of the Constitution of the
Republic of Lithuania as well as Articles 53, 54, 55 and 56
of the Law on the Constitutional Court, the Constitutional
Court has taken the following decision:
The Seimas decision, adopted on April 15, 1993, "On the
dissolution of Vilnius
City Council and some measures necessary to improve the
activities in local governments" contradicts Article 123 of
the Constitution of the Republic of Lithuania.
This decision of the Constitutional Court is final and
shall not be appealed against.
The decision is promulgated on behalf of the Republic
of Lithuania.
Justices of the Constitutional Court: