REPUBLIC OF LITHUANIA
LAW
ON
THE CONSTITUTIONAL COURT
Chapter 1
The Status of the Constitutional Court
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.
Article 2. Laws on the Constitutional Court
The Constitution of the Republic of Lithuania and this Law
shall establish the objectives, powers, and work procedure of
the Constitutional Court.
Article 3. Rules 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.
Article 5. Constitutional Court Judge Candidates
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
Article 6. Requirements for 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.
Article 7. The Oath of the Constitutional Court Judge
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:
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
Court Judge
The powers of a Constitutional Court judge shall be
terminated:
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.
Article 12. Pecuniary Penalties
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.
Article 13. The Chairperson of the Constitutional Court
In addition to the duties of judge, the Chairperson of the
Constitutional Court shall:
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;
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 Government shall assign living quarters in Vilnius for
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
Section 1
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.
Article 18. Publicity of Constitutional Court Activities
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.
Article 19. Joint Activities of the Constitutional Court
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.
In approving or amending the Rules of the Constitutional
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.
Article 24. Preliminary Investigation of Material
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
Constitutional Court
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;
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:
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.
Article 31. Persons Participating in Cases
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.
Article 32. Representation in the Constitutional Court
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.
Article 33. Parties to the Action
In this Law, parties to the action shall be considered
parties to the case, their representatives, witnesses, experts,
invited specialists and interpreters.
Article 34. Evidence
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.
Article 35. Assessment of Evidence
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.
Article 36. The Witness
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.
Article 37. The Expert
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.
Article 38. Expert Findings
Expert findings shall be presented in writing and shall be
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 Expenses 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;
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.
Article 41. Joining of Petitions
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.
Article 42. Summonses of the Constitutional Court
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.
Article 43. Sitting Notices
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
Article 44. Court Hearings
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.
Article 45. The Chairperson of Court Hearings
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.
Article 46. Procedure for Court Hearings
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.
The secretary of the Constitutional Court hearing shall
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.
Article 49. Suspension of the Investigation of a Case
The investigation of a case may be suspended upon the
decision of the Constitutional Court if:
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.
Article 50. Examination of Evidence
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.
Article 51. Court Arguments
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.
Article 52. Taking of Minutes
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 organise
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.
Article 54. Issues Settled upon the Adoption of a Ruling
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.
Article 58. Correction of Rulings
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.
Article 59. Appeals against Constitutional Court Rulings
Rulings of the Constitutional Court shall be final and shall
not be subject to appeal.
Article 60. Sending of Constitutional Court Rulings
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.
Article 61. Interpretation of Constitutional Court Rulings
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.
Article 62. Review of Constitutional Court Rulings
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;
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
entire legal act or part thereof contradicts the Constitution
according to:
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:
3) information about the representative of the petitioner
and his powers, with the exception of ex officio representation;
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;
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:
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.
The list of witnesses and experts who are proposed to be
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:
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:
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 Consider
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:
2) to recognise that a legal act contradicts the
Constitution and laws.
In the case provided for in item 2 of part 1 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.
Article 76. The Contents of the Inquiry
The following must be indicated in the inquiry:
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);
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:
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.
Inquiries and necessary supplements thereof shall be
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.
Article 79. Withdrawal of an Inquiry
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;
3) when the examination of a concrete issue does not fall
under the jurisdiction of the Constitutional Court;
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.
Article 81. Returning Inquiries to Applicants
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.
Article 83. Conclusions of the Constitutional Court
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.
Article 86. The Staff of the Constitutional Court
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.
Article 88. Symbols of the Constitutional Court's Power
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.
Article 89. The Seal of the Constitutional Court
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".
Article 90. The Office of the Constitutional Court
The permanent office of the Constitutional Court shall be