Version as of 01-01-2022
The LawLaw Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. was published in: Lietuvos aidas (state newspaper) 1993, No 24-0; Valstybės žinios (Official Gazette) 1993, No 6-120, identification code 0931010ISTA0000I-67
THE LAW ON THE CONSTITUTIONAL COURTConstitutional Court A Constitutional Court is responsible for verifying compliance with the provisions of the Constitution. In its capacity as a “court of fundamental rights” and based on its powers to review laws and regulations for their constitutionality, it is called upon to enforce and secure the democratic order of the state under the rule of law. All government bodies and other institutions fulfilling government functions are obliged to comply with the Constitution. In the event of an (alleged) infringement of the Constitution by any such body or institution, the Constitutional Court, established based on the Constitution, renders a final decision on the matter and, if necessary, provides for an appropriate remedy. Therefore, it is often referred to as the “guardian of the Constitution”. OF THE REPUBLICRepublic Res publica. Having a head of the state. Pope is the head of the Vatican City state. The people execute their power through an Elected (direct/indirect) President. Political parties sponsored their presidential candidates. Indian president is a constitutional puppet under the ruling Cabinet. In the case of the appointment of Indian judges, presidential power is a vanishing point. OF LITHUANIA
CHAPTER I. THE STATUS OF THE CONSTITUTIONAL COURT
Article 1. The Constitutional Court as a Judicial Institution
The Constitutional Court of the Republic of Lithuania shall guarantee 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 acts adopted by the Seimas are in conflict with the Constitution and whether the acts of the President of the Republic and the Government are in conflict with the Constitution or laws.
In cases established 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 a free and independent court implementing its judicial power in accordance with 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 tasks, powers, and work procedure of the Constitutional Court.
Article 3. The Rules of the Constitutional Court
The internal questions of the Constitutional Court, the rules of professional conduct of the justices of the Constitutional Court, the structure of the Office of the Constitutional Court, the management of documents, and other issues shall be regulated by the Rules of the Constitutional Court, as approved by the Constitutional Court.
Amendments to the Article:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
Article 4. The Composition of the Constitutional Court and the Procedure for Its Formation
The Constitutional Court shall consist of nine justices, each appointed for a single nine-year term of office.
Every three years, one-third of the Constitutional Court shall be reconstituted. The Seimas shall appoint justices to the Constitutional Court, including in cases when the composition of the Court is reconstituted, by appointing an equal number of them from the candidates proposed respectively by the President of the Republic, the Speaker of the Seimas, and the President of the Supreme Court. The expiry of the term of office of the justices of the Constitutional Court shall be the third Thursday of March of the respective year. The state officials who propose candidates for the posts of the justices of the Constitutional Court in accordance with the Constitution of the Republic of Lithuania must propose new candidates for the posts of the justices of the Constitutional Court to the Seimas not later than three months before the expiry of the regular term of office of the justices of the Constitutional Court. Newly appointed justices of the Constitutional Court shall take an oath in the Seimas on the last working day before their term of office commences. In cases where a new justice is not appointed at the fixed timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”), a justice whose term of office has expired shall act for him until the new justice is appointed and takes the oath.
If the powers of a justice of the Constitutional Court cease ahead of time, a new justice shall be appointed to the vacant position for the remaining term of office in accordance with the general procedure. In cases where this justice has held office up to the period of six years, he may hold another term of office of a justice of the Constitutional Court upon the expiry of a three-year interval.
The Seimas shall appoint the President of the Constitutional Court from among its justices upon submission by the President of the Republic.
Amendments to the Article:
No I-1475, 11-07-1996, Valstybės žinios (Official Gazette), 1996, No 73-1749 (31-07-1996)
Article 5. Candidates for the posts of the Justices of the Constitutional Court
A citizen of the Republic of Lithuania with an impeccable reputation, higher education in law, and not less than a ten-year length of service in the field of law or in a branch of science and education as a lawyer may be appointed as a justice of the Constitutional Court.
The names of candidates for the posts of the justices of the Constitutional Court shall be announced in the press before consideration in the Seimas.
The Seimas Committee on Legal Affairs shall, at a closed sitting, consider the candidates proposed to the Seimas for the posts of the justices and President of the Constitutional Court and shall then present its opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. to the Seimas.
Amendments to the Article:
No X-1806, 11-11-2008, Valstybės žinios (Official Gazette), 2008, No 134-5179 (22-11-2008)
Article 5(1). Guarantees for the Activity of the Constitutional Court
The autonomy of the Constitutional Court and its independence from other institutions shall be ensured by the financial, material-technical, and organisational guarantees as secured by law.
The Constitutional Court shall be financed from the state budget by ensuring the possibility for the Constitutional Court to independently and properly perform the functions of constitutional supervision. The estimates of expenditure shall be approved by the Constitutional Court, which shall also autonomously dispose of the funds allocated to it.
The buildings and other assets used by the Constitutional Court shall be state-owned property transferred to the Constitutional Court on trust for the possession, use, and disposal of this property. These assets may not be taken over or transferred to other subjects without the consent of the Constitutional Court.
The Constitutional Court shall also autonomously and independently implement informational and organisational procurement for its activity.
The restriction of the legal, organisational, financial, informational, material-technical, and other conditions provided for by this Law for the activity of the Constitutional Court shall be prohibited.
Amendments to the Article:
No I-1475, 11-07-1996, Valstybės žinios (Official Gazette), 1996, No 73-1749 (31-07-1996)
CHAPTER II. THE STATUS OF THE JUSTICES OF THE CONSTITUTIONAL COURT
Article 6. Requirements for the Justices of the Constitutional Court
The justices of the Constitutional Court may not hold any other elective or appointive office, may not work in any business, commercial, or other private establishments or enterprises, with the exception of educational or creative work. Nor may they receive any remuneration other than the remuneration established for judges and payment for educational or creative activities.
The justices of the Constitutional Court may not participate in the activities of political parties or political organisations, or in any other political activity.
Amendments to this Paragraph of the Article:
No XII-1703, 14-05-2015, published in the Register of Legal Acts 25-05-2015, identification code 2015-08037
The justices of the Constitutional Court may not act as counsel for the defence or as representatives of any other enterprises, establishments, organisations, or persons.
Article 7. The Oath of a Justice of the Constitutional Court
Before taking office, a person appointed as a justice of the Constitutional Court shall take an oath at a sitting of the Seimas. The person taking the oath shall have the right to choose one of the texts of the oath that are established in the second paragraph of this Article:
The following texts of the oath shall be established:
1) “I, (name, surname),
swear to be faithful to the Republic of Lithuania;
swear to honestly and conscientiously fulfil the duties of a justice of the Constitutional Court;
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 GodGod People in most cultures believe in the existence of supernatural beings and other supernatural concepts. God is attributed to both anthropomorphic properties (“listens to prayers”) and non-anthropomorphic properties (“knows everything”). Conceptualizing God is associated with willingness to get the COVID-19 vaccine or Vaccine hesitancy. Pope requested people not to practice “Jesus is my vaccine”. For the Jewish, family (Avestan universal) god became national God: I am the God of Abraham, and the God of Isaac, and the God of Jacob,”(ex 3:15). See Ishwar. .”
2) “I, (name, surname),
swear to be faithful to the Republic of Lithuania;
swear to honestly and conscientiously fulfil the duties of a justice of the Constitutional Court;
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.”
The oath shall be administered by the Speaker of the Seimas at a sitting of the Seimas.
The oath shall be administered in accordance with the rules established for the procedure for administering the oath of the members of the Seimas.
A justice of the Constitutional Court who either does not take the oath in the manner prescribed by law or takes a conditional oath shall lose the powers of a justice. In this regard, the Seimas shall adopt a respective resolution.
Amendments to the Article:
No IX-1797, 28-10-2003, Valstybės žinios (Official Gazette), 2003, No 108-4815 (19-11-2003)
Article 8. The Inviolability of a Justice of the Constitutional Court
The person of a justice of the Constitutional Court shall be inviolable.
A justice of the Constitutional Court may not be held criminally liable or be detained, or have his liberty restricted otherwise, without the consent of the Seimas, except in cases where he is found in the act of committing a crimeCrime A positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor. (in flagranti). Questions concerning consent to hold a justice of the Constitutional Court criminally liable shall be considered upon submission by the Prosecutor General.
A justice of the Constitutional Court who is apprehended or delivered to a law enforcement institution without personal documents must immediately be released once his identity has been established.
A justice of the Constitutional Court may not be persecuted for his speeches or votes at the Constitutional Court.
The powers and rights of the Constitutional Court and its justices may not be limited upon the declaration of martial law or a state of emergency.
Amendments to the Article:
No I-1475, 11-07-1996, Valstybės žinios (Official Gazette), 1996, No 73-1749 (31-07-1996)
No IX-1797, 28-10-2003, Valstybės žinios (Official Gazette), 2003, No 108-4815 (19-11-2003)
No X-1686, 03-07-2008, Valstybės žinios (Official Gazette), 2008, No 81-3187 (17-07-2008)
No X-1806, 11-11-2008, Valstybės žinios (Official Gazette), 2008, No 134-5179 (22-11-2008)
No XIII-3094, 25-06-2020, published in the Register of Legal Acts 29-06-2020, identification code 2020-14363
Article 9. The Powers of a Justice of the Constitutional Court
The justices of the Constitutional Court shall have equal rights.
The justices of the Constitutional Court shall have the right to participate in the sittings of the Constitutional Court with the right of a decisive vote, to familiarise themselves with all material and documents submitted to a sitting, to receive the rulings, conclusions, and decisions of the Constitutional Court, and to exercise other rights established by this Law.
Amendments to this Paragraph of the Article:
No XII-1703, 14-05-2015, published in the Register of Legal Acts 25-05-2015, identification code 2015-08037
The justices of the Constitutional Court shall propose issues for consideration at the sittings of the Constitutional Court and shall prepare questions assigned to them.
A justice of the Constitutional Court shall have the right to request any documents and information related to the issue that is being prepared for a hearing of the Court from all state institutions and their officials, municipal establishments and their officials, state and other enterprises, establishments, organisations, and associations of citizens, as well as the right to receive explanations from officials on issues under examination. A justice shall also have the right to summon and ask questions of witnesses and experts, to make use of consultations of specialists, to assign persons to carry out checks, and to send inquiries.
The justices of the Constitutional Court shall have no right to publicly express their opinion concerning the substance of an issue that is under consideration or is accepted for consideration at the Constitutional Court.
Amendments to the Article:
No I-1475, 11-07-1996, Valstybės žinios (Official Gazette), 1996, No 73-1749 (31-07-1996)
Article 10. The Suspension of the Powers of a Justice of the Constitutional Court
The powers of a justice of the Constitutional Court may be suspended by the decision of the Constitutional Court if:
1) consent is granted according to the procedure established by this Law to hold the justice of the Constitutional Court criminally liable;
2) following the conclusion of the special investigationInvestigation Purpose of all investigation is to reveal the unvarnished truth. The constitutional courts are duty bound to ensure that the truth is revealed. commission and upon the resolution of the Seimas, impeachment proceedings are instituted in the Seimas against the justice of the Constitutional Court;
3) the justice is declared missing by an effective court decision.
Upon the suspension of his powers, the justice shall lose the rights established in Articles 9 and 15 of this Law.
When the grounds for suspending the powers of a justice of the Constitutional Court cease to exist, the Constitutional Court shall, within three days, adopt a decision to restore the powers of the justice. If the decision is not adopted within the stated period, the powers of the justice of the Constitutional Court shall be considered restored from the day that the justice actually resumes his duties upon notifying the President of the Constitutional Court of this by his statement.
Amendments to the Article:
No X-1806, 11-11-2008, Valstybės žinios (Official Gazette), 2008, No 134-5179 (22-11-2008)
Article 11. The Termination of the Powers of a Justice of the Constitutional Court
The powers of a justice of the Constitutional Court shall cease:
1) upon the expiry of the term of powers;
2) upon his death;
3) upon his resignation;
4) when he is incapable of holding office due to the state of his health, i.e. the justice is ill for more than four months in the course of one year, or falls ill with a fatal or another long-term disease precluding him from performing his duties;
5) when the Seimas removes him from office according to the procedure for impeachment proceedings.
In the case established in Item 3 of this Article, the decision on the termination of the powers of a justice of the Constitutional Court shall be adopted by the Seimas upon submission by the Speaker of the Seimas.
In the case established in Item 4 of this Article, the Seimas shall decide the issue concerning the termination of the powers of the justice only when there is the decision of the Constitutional Court and the conclusion of the medical commission set up by the Minister of Health.
Article 12. Material Sanctions
Disciplinary responsibility may not be applied to a justice of the Constitutional Court. For failure to carry out the duties established in this Law or non-attendance at the sittings of the Court without good reason, a justice of the Constitutional Court may be subject to material sanctions, entailing a reduction in remuneration for the previous month by as much as 50 per cent, upon the decision of the Constitutional Court.
Article 13. The President of the Constitutional Court
In addition to the duties of a justice, the President 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 consideration;
3) convene and chair the sittings of the Constitutional Court;
4) propose issues to be considered by the Constitutional Court;
5) distribute work to the justices of the Constitutional Court;
6) submit the structure of the Office of the Constitutional Court to the Constitutional Court for approval and approve the description for the position of the Chancellor of the Constitutional Court;
7) issue orders and ordinances;
8) exercise other powers established by this Law.
When resolving issues related to the work of the Office of the Constitutional Court and other internal questions, the President shall issue orders; while realising the procedural rights granted to him, the President shall issue ordinances.
Amendments to the Article:
No IX-1797, 28-10-2003, Valstybės žinios (Official Gazette), 2003, No 108-4815 (19-11-2003)
Amendments to the Article:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
Article 14. Substituting for the President of the Constitutional Court
If the powers of the justice of the Constitutional Court who is the President of this Court discontinue on the grounds specified in Items 1, 3, and 4 of the first paragraph of Article 11 of this Law, or when the President of the Constitutional Court is temporarily unable to perform his duties, the office of the President of the Constitutional Court shall be temporarily held by a justice of the Constitutional Court who is appointed by the President of the Constitutional Court.
In the absence of the President of the Constitutional Court or the justice appointed by him to perform these duties, the office of the President of the Constitutional Court shall be temporarily held by the eldest justice of the Constitutional Court.
A justice of the Constitutional Court who has held the office of a justice of the Constitutional Court for at least three years may temporarily hold the office of the President of the Constitutional Court.
Amendments to the Article:
No XII-1703, 14-05-2015, published in the Register of Legal Acts 25-05-2015, identification code 2015-08037
Article 15. The Right of the Justices of the Constitutional Court to Participate in the Sittings of State Institutions
The President and justices of the Constitutional Court shall have the right to participate in the sittings of the Seimas of the Republic of Lithuania and the sittings of its committees and commissions, as well as in the sittings of the Government, the General Meeting of Judges, a prosecutor’s office, and other legal institutions.
Amendments to the Article:
No X-1806, 11-11-2008, Valstybės žinios (Official Gazette), 2008, No 134-5179 (22-11-2008)
Article 16. Social and Living Provision for the Justices of the Constitutional Court
The remuneration of the President of the Constitutional Court and its justices shall be established by the Republic of Lithuania’s Law on the Remuneration of Judges.
Upon leaving office because of the expiry of the term of appointment or resignation due to pensionary age or the state of health, a justice of the Constitutional Court shall be paid an end-of-service allowance equal to six-months’ remuneration. Upon the death of a justice of the Constitutional Court, an allowance of the same amount shall be paid to his family. In cases where the powers of a justice of the Constitutional Court cease on other grounds, he shall be paid an end-of-service allowance equal to two-months’ remuneration. A justice who is removed from office according to the procedure for impeachment proceedings shall not be paid an end-of-service allowance.
Social insurance guarantees and pensionary provision for the justices of the Constitutional Court shall be established by the laws of the Republic of Lithuania.
A justice of the Constitutional Court who does not have living quarters in Vilnius shall have the right, in accordance with the procedure established by the Government, to be compensated for the rent paid for living quarters.
Upon the expiry of the term of office, except in cases of removal from office according to the procedure for impeachment proceedings, a justice of the Constitutional Court must be provided with a previously held occupation or office in a state institution or, where this is not possible, with another equivalent occupation or office.
Amendments to the Article:
No IX-264, 19-04-2001, Valstybės žinios (Official Gazette), 2001, No 39-1335 (09-05-2001)
No IX-443, 10-07-2001, Valstybės žinios (Official Gazette), 2001, No 64-2328 (25-07-2001)
No X-1774, 06-11-2008, Valstybės žinios (Official Gazette), 2008, No 131-5024 (15-11-2008)
No X-1806, 11-11-2008, Valstybės žinios (Official Gazette), 2008, No 134-5179 (22-11-2008)
Article 161. The provision of leave for the Justices of the Constitutional Court
The justices of the Constitutional Court shall be granted annual leave for 28 calendar days. Annual leave for the justices whose length of service as a judge is over five years shall be extended by adding one calendar day for each subsequent year of their work as a judge; however, the overall duration of their annual leave may not exceed 56 calendar days.
In addition to the leave provided for by this Law, the justices of the Constitutional Court shall have the right to special leave and unpaid leave established in the Labour Code.
The length of service of a justice of the Constitutional Court shall include the length of service as a judge in other courts, also as a prosecutor, a deputy prosecutor, an investigator in a prosecutor’s office, a pretrial investigation official (investigator), or a state arbiter, as well as the length of service in state service and the length of service in a branch of science and education as a lawyer.
The Law was supplemented with the Article:
No X-1806, 11-11-2008, Valstybės žinios (Official Gazette), 2008, No 134-5179 (22-11-2008)
CHAPTER III. THE BASIC RULES FOR LEGAL PROCEEDINGS IN THE CONSTITUTIONAL COURT
SECTION 1. GENERAL RULES
Article 17. The Lawfulness and Independence of the Activity of the Constitutional Court
The Constitutional Court, as well as the justices of the Constitutional Court while in office, shall be independent of any other state institution, person, or organisation and shall follow only the Constitution of the Republic of Lithuania.
The Constitutional Court shall obey only the Constitution of the Republic of Lithuania and laws that are not in conflict with the Constitution.
Interference with the activity of a justice or the Constitutional Court by the institutions of state power and governance, the members of the Seimas or other officials, political parties, political or public organisations, or citizens shall be prohibited and shall lead to responsibility provided for by law.
The President or a justice of the Constitutional Court must immediately inform the Seimas about attempts to influence the Constitutional Court or any of its justices, and must publicise this through the mass media.
Rallies, pickets, and other actions staged less than 75 metres from the building of the Constitutional Court, or at the Court itself, if they are aimed at influencing a justice or the Court, shall be considered to be interference with the activity of the justice or the Court.
Amendments to the Article:
No I-318, 02-12-1993, Valstybės žinios (Official Gazette), 1993, No 68-1277
No IX-1797, 28-10-2003, Valstybės žinios (Official Gazette), 2003, No 108-4815 (19-11-2003)
Article 18. The Publicity of the Activity of the Constitutional Court
Information about a judicial hearing of the Constitutional Court shall be announced on the premises of the Constitutional Court, as well as on the website of the Constitutional Court, and shall be sent to the mass media.
The hearings of the Constitutional Court shall be open and may be attended by adult persons, including representatives of the press and other mass media. Persons who are in the courtroom may make audio recordings, short-hand records, or records of the hearing from their seats.
Taking photographs, filming, making video recordings, and radio or television broadcasting of the hearings of the Constitutional Court shall be permitted only with the consent of the Constitutional Court.
The Constitutional Court may assign closed hearings if this is necessary for safeguarding a state, professional, commercial, or another secret protected by law, or for guaranteeing the security of citizens or public morals.
If there are grounds to believe that a threat may arise to the security of the Court or participants during a hearing, the President of the Constitutional Court may instruct the police or other state security employees to check the documents and belongings of persons entering the courtroom or to carry out searches of these persons.
The Constitutional Court may remove persons interfering with the normal work of the Court from the courtroom.
Deliberation and voting by the justices of the Constitutional Court shall not be public, except in the cases provided for by this Law.
The rulings of the Constitutional Court shall always be pronounced publicly in the courtroom.
Amendments to the Article:
No I-1475, 11-07-1996, Valstybės žinios (Official Gazette), 1996, No 73-1749 (31-07-1996)
No IX-1797, 28-10-2003, Valstybės žinios (Official Gazette), 2003, No 108-4815 (19-11-2003)
No XI-2329, 06-11-2012, Valstybės žinios (Official Gazette), 2012, No 132-6657 (15-11-2012)
Article 19. The Collective Activity of the Constitutional Court
The Constitutional Court shall collectively investigate cases and adopt rulings, conclusions, or decisions provided that not less than 2/3 of all the justices of the Constitutional Court are present.
Where the Rules of the Constitutional Court are approved or amended, or other internal questions are resolved, the sittings of the Constitutional Court shall be legitimate provided that at least half of all the justices of the Constitutional Court are present.
The rulings and conclusions of the Constitutional Court, as well as its decisions on the interpretation or review of its ruling, conclusion, or decision, shall be adopted by a majority vote of all the justices of the Constitutional Court.
The acts of the Constitutional Court other than those specified in the third paragraph of this Article (hereinafter referred to as other acts of the Constitutional Court) shall be adopted by a majority vote of the justices present at the sitting.
The justices of the Constitutional Court shall have no right to refuse to vote or abstain from voting.
Amendments to the Article:
No IX-1797, 28-10-2003, Valstybės žinios (Official Gazette), 2003, No 108-4815 (19-11-2003)
Amendments to the Article:
No XII-1703, 14-05-2015, published in the Register of Legal Acts 25-05-2015, identification code 2015-08037
Article 20. The Language of the Court
Legal proceedings in the Constitutional Court shall be conducted and decisions shall be adopted and pronounced in the Lithuanian language. Documents written in other languages shall be submitted and publicised after they have been translated into the Lithuanian language and certified by a notary.
Participants in a hearing who do not have sufficient knowledge of the Lithuanian language shall be guaranteed the right to the services of an interpreter.
Article 21. The Types of Sittings of the Constitutional Court
The Constitutional Court can hold organisational and procedural sittings, as well as judicial hearings. Sittings shall either be convened by the President of the Constitutional Court or held at the time set by the Constitutional Court.
The form of organisational and procedural sittings shall be free. Judicial hearings may also be held in a free form in the cases provided for by this Law.
Specific cases shall be considered in judicial hearings. Such hearings shall be held in accordance with the procedures established by this Law.
Amendments to the Article:
No I-1475, 11-07-1996, Valstybės žinios (Official Gazette), 1996, No 73-1749 (31-07-1996)
Article 22. The Rulings and Decisions of the Constitutional Court
The Constitutional Court shall decide cases on their meritsMerits Strict legal rights of the parties; a decision “on the merits” is one that reaches the right(s) of a party as distinguished from a disposition of the case on a ground not reaching the rights raised in the action; for example, in a criminal case double jeopardy does not apply if charges are nolle prossed before trial commences, and in a civil action res judicata does not apply if a previous action was dismissed on a preliminary motion raising a technicality such as improper service of process. by adopting rulings. The Constitutional Court shall pronounce its rulings in the name of the Republic of Lithuania.
The final acts of the Constitutional Court in the cases provided for by this Law shall be called conclusions.
The Constitutional Court shall adopt decisions on individual questions that prevent a case from being heard on its merits.
The Constitutional Court shall adopt rulings, conclusions, and decisions in the deliberation room.
During a hearing, the Constitutional Court may adopt a decision concerning uncomplicated issues or concerning the imposition of penalties upon consultation and without retiring to the deliberation room. When such a decision is adopted, it shall immediately be pronounced by the chairperson of the hearing and shall be entered in the minutes of the hearing.
Amendments to the Article:
No I-1475, 11-07-1996, Valstybės žinios (Official Gazette), 1996, No 73-1749 (31-07-1996)
Article 23. The Organisational Sittings of the Constitutional Court
Internal questions, issues concerning investigation into materials, and other questions shall be considered and decided in organisational sittings. The President and justices of the Constitutional Court shall propose issues for consideration. The Constitutional Court shall establish the agenda and schedule of its sittings.
Scientists, specialists, and other persons shall be requested to attend organisational sittings where necessary.
Amendments to the Article:
No I-1475, 11-07-1996, Valstybės žinios (Official Gazette), 1996, No 73-1749 (31-07-1996)
Article 24. Preliminary Investigation into Material
Issues submitted to the Constitutional Court for consideration shall be subject to a preliminary investigation. The President of the Constitutional Court shall appoint one or several justices to carry out a preliminary investigation and shall set a time limit for this work.
The President of the Constitutional Court shall evenly distribute preparatory work among the justices.
A justice, upon beginning an investigation into the material given to him, shall:
1) ascertain that the grounds established in Articles 69 and 80 of this Law for refusing to consider a petition or inquiry are not present;
2) ascertain that the grounds established in Articles 70 and 81 of this Law for returning a petition or inquiry to the petitioner are not present;
3) establish which issues must be clarified before preparing the case for a hearing;
4) determine whether a petition referred to in Article 671 of this Law and/or attachments thereto meet the requirements established in Article 671 of this Law, with the exception of the requirements set out in Items 6 and 7 of the first paragraph and in the third paragraph of the said article.
The Article was supplemented with this Item:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
If a justice, upon beginning an investigation into the material given to him, determines that a petition referred to in Article 671 of this Law and/or attachments thereto fail to meet the requirements established in Article 671 of this Law, with the exception of the requirements set out in Items 6 and 7 of the first paragraph and in the third paragraph of the said article, he shall draw up a note to the President of the Constitutional Court, in which he shall propose that a sufficient time limit of not less than 7 days and not more than 30 days be set for removing the deficiencies. Concerning this matter, the President of the Constitutional Court shall adopt an ordinance. After the expiry of a time limit set by the President of the Constitutional Court for removing the deficiencies of a petition referred to in Article 671 of this Law and/or attachments thereto, the instituted preliminary investigation shall be continued.
The Article was supplemented with this Paragraph:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
Article 25. The Report on the Results of the Preliminary Investigation
After carrying out a preliminary investigation and necessary preparatory actions, a justice shall draw up a note with proposals and shall notify of it:
1) the President of the Constitutional Court and propose that the petition or inquiry be accepted and the preparation of the case for a hearing of the Constitutional Court be started in accordance with the procedure established in Article 27 of this Law if the petition or inquiry is within the jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. of the Constitutional Court and meets the other requirements of this Law;
2) the President of the Constitutional Court and propose that the petition or inquiry be returned to the petitioner if the conditions specified in Articles 70 and 81 of this Law apply to the material;
3) the Constitutional Court during a procedural sitting and propose that a decision be adopted on refusing to consider the petition or inquiry if the conditions specified in Articles 69 and 80 of this Law apply to the material.
When deciding the issues specified in Items 1 and 2 of the first paragraph of this Article, the President of the Constitutional Court shall adopt ordinances. If disagreements arise between the justice and the President of the Constitutional Court regarding the above-mentioned issues, such issues shall be referred to a procedural sitting of the Constitutional Court for consideration and decision.
Article 26. The Suspension of the Validity of the Acts of the President of the Republic, the Seimas, or the Government
In cases where the Constitutional Court receives a submission by the President of the Republic for an investigation into whether an act of the Government is in compliance with the Constitution and laws, or where the Constitutional Court receives a resolution of the Seimas requesting an investigation into whether a law of the Republic of Lithuania or another act adopted by the Seimas is in compliance with the Constitution, or whether an act of the President of the Republic or an act of the Government is in compliance with the Constitution and laws, a preliminary investigation into this material must be carried out within three days and the issue of whether to accept the petition for consideration by the Constitutional Court must be settled during a procedural sitting of the Constitutional Court.
Amendments to this Paragraph of the Article:
No XII-1703, 14-05-2015, published in the Register of Legal Acts 25-05-2015, identification code 2015-08037
If the Constitutional Court adopts a decision to accept the petition for consideration, the President of the Constitutional Court shall immediately announce this on the website of the Constitutional Court and shall send an announcement to the Manager of the Register of Legal Acts. In this announcement, the President of the Constitutional Court shall state the exact title of the impugned act, the date of its adoption, and the fact that, in accordance with Article 106 of the Constitution of the Republic of Lithuania, the validity of the act in question is suspended from the day of the official publication of this announcement in the Register of Legal Acts until the ruling of the Constitution Court concerning this case is published. Once the announcement of the President of the Constitutional Court has been received by the Manager of the Register of Legal Acts, it shall immediately be published in the Register of Legal Acts.
In cases where, after considering a case, the Constitutional Court adopts a ruling declaring that the impugned act is not in conflict with the Constitution, the President of the Constitutional Court shall immediately make an official announcement about this in accordance with the procedure established in the second paragraph of this Article. In this announcement, the President of the Constitutional Court shall state the exact title of the impugned act, the date of its adoption, the substance of the ruling of the Constitutional Court on the matter in question, the date of its adoption, and the fact that the validity of the suspended act is restored from the day that this ruling is published.
Amendments to the Article:
No I-1475, 11-07-1996, Valstybės žinios (Official Gazette), 1996, No 73-1749 (31-07-1996)
No VIII-765, 04-06-1998, Valstybės žinios (Official Gazette), 1998, No 55-1519 (17-06-1998)
No IX-1797, 28-10-2003, Valstybės žinios (Official Gazette), 2003, No 108-4815 (19-11-2003)
No XI-2329, 06-11-2012, Valstybės žinios (Official Gazette), 2012, No 132-6657 (15-11-2012)
Article 27. The Preparation of Cases for the Hearings of the Constitutional Court
A case shall be prepared for a hearing of the Constitutional Court by a justice who is appointed by the President of the Constitutional Court. As a rule, the preparation of a case is assigned to the justice who has carried out a preliminary investigation into the material of the case.
The justice shall perform the following actions:
1) where necessary, shall ask questions of the petitioner or the representative of the petitioner about the substance of the claims, hear arguments, and propose, where relevant, that additional evidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 be presented;
2) where necessary, shall ask questions of the party concerned or the representative of the party concerned about the circumstances of the case, ascertain counter-arguments and the available evidence, and propose, where relevant, that explanations concerning the case be presented in writing;
3) shall ask questions of witnesses and decide whether or not to summon them to the Court;
4) shall request and obtain written evidence and exhibits of material evidence, as well as other necessary material, from state institutions, other organisations, and persons;
5) shall instruct that an expert examination be conducted and shall summon and ask questions of specialists who are impartial to the outcome of the case;
6) shall ask the persons participating in the case regarding the consideration of the case under written procedure;
7) shall carry out other actions necessary for the preparation of the case for judicial consideration.
The material of the case – copies of the petition requesting the verification of the compliance of a legal act with the Constitution or laws, copies of legal acts under examination, and copies of other received documents – must be sent to the persons participating in the case within three days of the beginning of the preparation of the case for a judicial hearing.
Having carried out preparatory acts and considering the case to be adequately prepared, the justice shall, during a procedural sitting of the Constitutional Court, propose that a decision to assign the case for consideration at a hearing of the Court be adopted.
Amendments to the Article:
No XI-1783, 06-12-2011, Valstybės žinios (Official Gazette), 2011, No 154-7262 (17-12-2011)
Article 28. The Procedural Sittings of the Constitutional Court
The following issues shall be considered at the procedural sittings of the Constitutional Court: issues concerning the acceptance of petitions provided for in Article 26 of this Law; all cases of refusals to consider a petition or inquiry; issues concerning the preparation of cases for consideration; and other issues concerning preparation for a judicial hearing.
Having heard the report of the justice and having considered the issue concerning the preparation of the case for a judicial hearing, the Constitutional Court shall adopt one of the following decisions:
1) to assign the case for consideration at a hearing of the Court and appoint the justice-rapporteur;
2) to refer the case for an additional investigation;
3) to apply to the European Court of Human Rights and request an advisory opinion on questions of principle relating to the interpretation or application of the rights and freedoms defined in the Convention for the Protection of Human Rights and Fundamental Freedoms or the protocols thereto;
The Article was supplemented with this Item:
No XII-1775, 11-06-2015, published in the Register of Legal Acts 16-06-2015, identification code 2015-09619
4) to apply to the Court of Justice of the European Union and request a preliminary ruling on questions relating to the interpretation or validity of the legal acts of the European Union;
The Article was supplemented with this Item:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
5) to refuse to consider the case in accordance with the procedure established in Articles 69 and 80 of this Law.
Amendment to the numeration of this Item of the Article:
No XII-1775, 11-06-2015, published in the Register of Legal Acts 16-06-2015, identification code 2015-09619
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
Minutes shall be taken in the procedural sittings of the Constitutional Court.
At the request of the President of the Constitutional Court, scientists, specialists, and other relevant persons may participate in procedural sittings. With permission from the chairperson of the sitting, they may speak on the issue.
Article 29. The Time Limits and Order of the Consideration of Applications in the Constitutional Court
Upon the receipt of an application – a petition or inquiry – within the jurisdiction of the Constitutional Court in accordance with the procedure established by this Law, the Constitutional Court must begin an investigation within seven days, i.e. appoint a particular justice of the Constitutional Court to start a preliminary investigation.
The consideration of a case must be finished and the ruling or conclusion must be adopted within four months of the day that the petition or inquiry is received unless otherwise determined by the Constitutional Court. The Constitutional Court may not extend the four-month time limit established in this Paragraph if it considers a case concerning the constitutionality of a law or another legal act regulating the taking of land for public needs in the context where projects of special importance to the state are implemented.
Cases are normally considered in the order determined according to the time of the receipt of petitions or inquiries in the Constitutional Court. Where necessary, taking into account the nature and other circumstances of the case, the Constitutional Court may bring forward or postpone the time of the consideration of the case.
The time of consideration shall be brought forward in the event of cases instituted subsequent to the decrees of the President of the Republic requesting an investigation into whether an act of the Government is in compliance with the Constitution and laws, or in the event of cases instituted subsequent to the resolutions of the Seimas requesting an investigation into whether a law of the Republic of Lithuania or another act adopted by the Seimas is in compliance with the Constitution, or whether an act of the President of the Republic or an act of the Government is in compliance with the Constitution and laws.
Cases instituted subsequent to the inquiries filed by the Seimas as to whether the state of health of the President of the Republic allows him to continue to hold office, or whether the concrete actions of the members of the Seimas and state officials against whom an impeachment case has been instituted are in conflict with the Constitution, shall be considered under urgency procedure.
Cases instituted subsequent to the inquiries concerning the violation of election laws in a specific constituency in the course of preparing and holding an election of the President of the Republic or election of the members of the Seimas shall be considered within the time limit established in the third paragraph of Article 77 of this Law.
Amendments to the Article:
No XI-1311, 12-04-2011, Valstybės žinios (Official Gazette), 2011, No 49-2366 (28-04-2011)
Amendments to the Article:
No XII-1703, 14-05-2015, published in the Register of Legal Acts 25-05-2015, identification code 2015-08037
Article 30. The Limits of Judicial Consideration in the Constitutional Court
The Constitutional Court shall investigate and decide only questions of law.
Article 31. The Persons Participating in the Case
The following shall be considered to be the persons participating in the case:
1) the petitioner – a state institution or a group of members of the Seimas that, under the Constitution, is granted the right to apply to the Constitutional Court with a petition requesting an investigation into the compliance of a legal act with the Constitution or laws, or with a request for a conclusion, and the representatives of this state institution or group of members of the Seimas, as well as persons referred to in the fourth paragraph of Article 106 of the Constitution and their representatives;
2) the party concerned – a state institution that has adopted a legal act whose compliance with the Constitution or laws is under investigation and its representative; a member of the Seimas or another state official whose actions must be investigated in terms of their compliance with the Constitution due to an impeachment case instituted against him at the Seimas, as well as the representative of this member of the Seimas or state official; the President of the Republic and his representative in cases where a conclusion is given concerning the state of health of the President of the Republic.
Amendments to this Paragraph of the Article:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
The persons participating in the case shall have equal procedural rights. They shall have the right to familiarise themselves with the material of the case, make extractions and copies (including written copies) from this material, put disqualification motions, provide evidence, participate in the investigation into evidence, put questions to other persons participating in the case, as well as to witnesses and experts, make requests, give explanations, provide their own arguments and reasoning, and object to the requests, arguments, and reasoning of other persons participating in the case.
Article 32. Representation in the Constitutional Court
The persons participating in the case may conduct their cases before the Constitutional Court either personally or through their representatives. The participation of the persons themselves in their case does not deny their right to have their representatives in the case.
On behalf of legal persons, with the exception of state institutions and establishments, cases before the Constitutional Court shall be conducted by the single-person management bodies of the respective legal persons and, under the procedure established by law and the instruments of incorporation, by the members of other bodies and participants who are natural persons, acting in accordance with the rights and duties granted to them by law and the instruments of incorporation. They shall provide the Constitutional Court with the documents confirming their rights and duties.
The heads of state institutions and establishments who act according to the powers granted to them by law shall be considered to be the representatives of the respective state institutions and establishments by operation of law. They shall provide the Constitutional Court with the documents confirming their duties. The member(s) of the Seimas who represent(s) a group of members of the Seimas and is (are) specified in the petition signed by all the members of the Seimas who apply to the Constitutional Court, provided that their signatures are approved by the Speaker of the Seimas or a Deputy Speaker of the Seimas, shall also be considered to be the respective representative(s) by operation of law. A court that has applied to the Constitutional Court shall be represented by the judge (or the chairperson of the panel of judges) that has passed the respective order.
The interests of minors or persons declared in accordance with the procedure established by law to be legally incapacitated in a particular area or to have limited legal capacity in a particular area shall be represented before the Constitutional Court by their representatives by operation of law (parents, adoptive parents, foster parents, or curators). They shall provide the Constitutional Court with the documents confirming their rights and duties.
Advocates may act before the Constitutional Court as representatives (by way of authorisation) for the persons participating in the case. The employees or state servants of legal persons, provided that they have higher university education in the field of law, may also act as representatives (by way of authorisation) for the respective legal persons. Upon authorisation from the Speaker of the Seimas, other members of the Seimas may also act as representatives for the Seimas. Persons with higher university education in the field of law, when they represent their close relatives or spouse (cohabiting partner), may also act before the Constitutional Court as representatives (by way of authorisation) for persons referred to in the fourth paragraph of Article 106 of the Constitution. In cases where specialist knowledge related to the matter of the case is required, other persons – specialists in non-legal fields – may also act as representatives by way of authorisation, together with the persons indicated in this Paragraph.
The rights of a representative acting by way of authorisation must be expressed in an authorisation issued and formalised in accordance with the procedure established by law. An authorisation granted by natural persons shall be verified notarially, except in the cases provided for in the Civil Code of the Republic of Lithuania where the verification of an issued authorisation is equated to its verification by a notary. An authorisation granted to an advocate shall be verified by a written agreementContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. concluded with the client or an extract of this agreement or by the decision of the State-Guaranteed Legal Aid Service on granting state-guaranteed legal aid. An authorisation to act by way of authorisation as a representative of legal persons, with the exception of state institutions and establishments, shall be granted in accordance with the procedure established in the Civil Code by the bodies of the respective legal persons; an authorisation to represent state institutions and establishments shall be granted by their heads who represent these state institutions and establishments; and an authorisation to represent a group of members of the Seimas shall be granted by the representative of the group of members of the Seimas who is acting as its representative by operation of law.
In the course of considering cases on giving a conclusion whether the concrete actions of the members of the Seimas and state officials against whom an impeachment case has been instituted are in conflict with the Constitution, also cases on giving a conclusion whether the state of health of the President of the Republic allows him to continue to hold office, if the whereabouts of the party concerned is unknown or, due to health reasons, the party concerned is unable to participate in the case and authorise his representative, the Constitutional Court shall adopt a decision to apply to the State-Guaranteed Legal Aid Service regarding the appointment of a representative of the party concerned.
Amendments to the Article:
No I-1475, 11-07-1996, Valstybės žinios (Official Gazette), 1996, No 73-1749 (31-07-1996)
Amendments to the Article:
No XII-1703, 14-05-2015, published in the Register of Legal Acts 25-05-2015, identification code 2015-08037
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
Article 33. The Participants to the Proceedings
In this Law, the participants to the proceedings shall be considered to be the persons participating in the case, their representatives, witnesses, experts, specialists requested to attend the proceedings, and interpreters.
Article 34. Evidence
Any factual data on the basis of which the Constitutional Court holds that there are circumstances substantiating the claims and objections of the persons participating in the case or that there are no such circumstances shall be regarded as evidence.
These data shall be established on the basis of the explanations of the persons participating in the case, the testimony of witnesses, written evidence, the exhibits of material evidence, and the conclusions of experts.
Each person participating in the case must prove the circumstances on the basis of which they make their claims and objections.
The persons participating in the case shall present evidence. The Court may propose that they present additional evidence.
The Court shall accept for consideration only evidence that proves the circumstances significant for the case.
It shall not be required to prove circumstances that are declared by the Constitutional Court to be publicly known.
The facts once established by a ruling of the Constitutional Court in a certain case shall not be proved again in the consideration of other cases.
Amendments to the Article:
No I-1475, 11-07-1996, Valstybės žinios (Official Gazette), 1996, No 73-1749 (31-07-1996)
Article 35. The Assessment of Evidence
Evidence presented to the Constitutional Court shall have no binding force established in advance.
The Court shall, in observance of laws, assess evidence according to the inner conviction of justices, which shall be based on the comprehensive, thorough, and objective investigation into the whole of the circumstances of the case at a hearing of the Court.
Article 36. A Witness
Any person who may know any circumstances related to the case may be a witness.
A person summoned as a witness must appear before the Court or the justice and give truthful testimony.
For failure to appear before the justice or at the hearing of the Court due to reasons that are considered to be unimportant by the Court, a penalty may be imposed on a witness; if the witness, upon being summoned, fails to appear at the hearing without an important reason for a second time, he may be brought by force by the police.
For refusing or avoiding giving testimony or for giving knowingly false testimony, a witness shall be held responsible in accordance with criminal laws. At the hearing of the Constitutional Court, witnesses shall be warned of their responsibility and shall sign to acknowledge this.
Expenses related to the attendance of witnesses before the justice and their participation in the hearing of the Constitutional Court shall be covered by the funds allocated to the Constitutional Court for these purposes.
Article 37. An Expert
A person who has the required knowledge for giving a conclusion may be appointed as an expert. Where necessary, several experts may be appointed.
The justice preparing a case for consideration shall have the right to raise questions on which a conclusion by an expert must be given; every person participating in the case shall have this right during the hearing. These questions shall be finally determined by the Court.
Upon being summoned by the Court or the justice, a person appointed as an expert must be in attendance and must give an objective conclusion on the questions raised.
An expert shall have the right to become familiar with the material of the case, participate in the consideration of the case, put questions to persons participating in the case and witnesses, and ask for additional material.
A penalty may be imposed on an expert for failure to attend upon the summonsSummons It means an application to the Court in relation to an action or appeal which has to be served on other parties or non‑parties. of the Court or the justice or for refusing, without important reasons, to give a conclusion.
An expert shall be held responsible in accordance with criminal laws for giving a knowingly false conclusion. An expert shall be warned of this and shall sign to acknowledge this.
An expert shall be compensated for his work if this work is not within the duties of his office, as well as for other expenses incurred due to his participation in the hearing of the Constitutional Court, by the funds allocated to the Constitutional Court for these purposes.
Article 38. A Conclusion of an Expert
A conclusion of an expert shall be given in writing and shall be set out in an expert examination act, which states the conducted investigations, the conclusions made on their basis, and the reasoned answers to the questions raised by the Court.
If there are several experts, they shall deliberate among themselves before giving a conclusion. If experts reach a common conclusion, it shall be signed by all experts. The experts who do not agree with the other experts shall draw up their separate conclusions.
A conclusion given by an expert to the Constitutional Court shall have no binding force established in advance.
Article 39. Compensation for Expenses Incurred by the Persons Participating in the Case
Expenses incurred by the persons participating in the case, with the exception of persons referred to in the fourth paragraph of Article 106 of the Constitution, in relation to their attendance and participation in proceedings before the Constitutional Court shall be compensated by the institutions and establishments that they represent.
After, subsequent to a petition by a person referred to in the fourth paragraph of Article 106 of the Constitution, a law or another act of the Seimas, an act of the President of the Republic, or an act of the Government that served as a basis for adopting a decision violating the constitutional rights or freedoms of the person is declared by the Constitutional Court to be in conflict with the Constitution or laws, the necessary and justified expenses incurred by the petitioner in relation to participation in the proceedings before the Constitutional Court shall be compensated by the state institution that adopted the legal act (part thereof) declared to be in conflict with the Constitution. Regarding compensation for these expenses, not later than 14 days from the day of the adoption of the ruling by the Constitutional Court, the petitioner shall submit a reasoned written request to the Constitutional Court, including the calculation and justification of the incurred expenses. If the issue, referred to in this Paragraph, regarding compensation for the necessary and justified expenses incurred by the petitioner is not resolved by the ruling of the Constitutional Court, the Constitutional Court shall resolve this issue by a separate decision. The Government or an institution authorised by it shall determine the maximum amounts of compensation for expenses relating to participation in proceedings before the Constitutional Court and the procedure for their payment.
Amendments to the Article:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
Article 40. The Right of the Constitutional Court to Impose Penalties
The Constitutional Court shall have the right to impose penalties where:
1) at the set time and without valid reasons, officials and persons fail to fulfil the requirements of the Constitutional Court or a justice that documents or material be submitted, documents or the texts of acts be confirmed, or investigations be carried out;
2) without valid reasons, a witness, a specialist, or an expert fails to attend, refuses to attend, or fails to notify of inability to appear before the Constitutional Court or the justice;
Amendments to this Item of the Article:
No XII-1703, 14-05-2015, published in the Register of Legal Acts 25-05-2015, identification code 2015-08037
3) an expert refuses, without important reasons, to give a conclusion;
4) a person participating in the proceedings, after being given a warning, again speaks out of turn or insults the participants of the hearing or the Court;
5) a person present in the courtroom violates order or does not obey calls by the chairperson of the hearing to keep order.
6) the persons participating in the case abuse their procedural rights.
The Article was supplemented with this Item:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
The Constitutional Court shall have the right to impose a penalty of up to one average monthly salary in the national economy, as published according to the latest data, on citizens and the representatives of the persons participating in the case, as well as a penalty of up to four such average monthly salaries on officials, for each case of violation.
When the violations referred to in the first paragraph of this Article occur during a hearing, a decision of the Constitutional Court to impose a penalty shall be adopted immediately during the hearing. In other cases, a decision to impose a penalty shall be adopted after investigation. In all cases, a decision of the Constitutional Court to impose a penalty shall be entered in the minutes of the hearing, where the name, surname, place of work, and address of the violator shall be stated.
A decision of the Constitutional Court to impose a penalty (extract from the minutes of the hearing) shall be sent to the bailiff for execution.
Amendments to the Article:
No IX-183, 20-02-2001, Valstybės žinios (Official Gazette), 2001, No 21-691 (09-03-2001)
Article 41. The Separation and Joinder of Petitions
Before the beginning of judicial consideration, a petition received at the Constitutional Court may be separated into individual cases if the petitioner requests an investigation into the compliance of several legal acts or several provisions with the Constitution or laws. Upon establishing that there are two or more petitions requesting an investigation into the compliance of the same legal act or related legal acts with the Constitution or laws, the Constitutional Court may join them into one case before the beginning of judicial consideration. In these cases, the Constitutional Court shall adopt the respective reasoned decisions.
Amendments to the Article:
No XI-1783, 06-12-2011, Valstybės žinios (Official Gazette), 2011, No 154-7262 (17-12-2011)
Article 411. The Use of Information and Electronic Communication Technologies
Persons shall have the right to file petitions and inquiries examined under the procedure established by this Law, as well as other documents relating to their examination, with the Constitutional Court through the national information system for the delivery of electronic messages and electronic documents using post infrastructure (hereinafter referred to as the eDelivery system), by other electronic means of communication, by post, or directly. The procedure for filing the said documents by other electronic means of communication shall be established in the Rules of the Constitutional Court.
Where a petition or an inquiry is submitted to the Constitutional Court through the eDelivery system or by other electronic means of communication, other documents relating to its examination shall be submitted to the Constitutional Court in the same way as the petition or inquiry.
Documents relating to petitions and inquiries examined under the procedure established by this Law shall be submitted:
1) through the eDelivery system. If the electronic delivery box of the eDelivery system (hereinafter referred to as the electronic delivery box) is not active, a document shall be sent through the eDelivery system and shall be handed as a registered postal item;
2) by other electronic means of communication;
3) as a registered postal item.
A refusal to accept a document handed as a registered postal item or to sign in acknowledgement of its receipt shall be considered the appropriate service of the document.
Electronic delivery services to natural persons, when they send electronic documents to the Constitutional Court through the eDelivery system, shall be provided free of charge.
Documents sent through the eDelivery system when the electronic delivery box is active and documents sent by other electronic means of communication shall be considered to have been submitted on the working day following the day on which they are sent.
The Law was supplemented with this Article:
No XIV-426, 17-06-2021, published in the Register of Legal Acts 29-06-2021, identification code 2021-14589
Article 42. The Summonses of the Constitutional Court
The persons participating in the case and their representatives shall be informed by the summonses of the Court of the time of the hearing of the Constitutional Court and the time and place of the performance of separate procedural actions. Witnesses, experts, and interpreters shall also be requested to attend by the summonses of the Court. The consequences for failure to attend shall be stated in the summons.
Summonses shall be delivered by post. The time when the addressee is served with a summons shall be indicated both in the delivered summons and in the part of the summons to be returned to the Court, which is signed to confirm the delivery of the summons.
Amendments to this Paragraph of the Article:
No XIV-426, 17-06-2021, published in the Register of Legal Acts 29-06-2021, identification code 2021-14589
Summonses to attend a hearing of the Court must be sent to the persons participating in the case not later than seven days before the beginning of the hearing.
Article 43. Announcements about a Hearing
Announcements about a hearing must be presented to the justices of the Constitutional Court not later than seven days before the beginning of the hearing. Copies of the material of a case under consideration shall be handed to the justices of the Constitutional Court upon the commencement of a preliminary investigation into the material.
SECTION 2. JUDICIAL CONSIDERATION
Article 44. A Judicial Hearing
A case shall be investigated at a hearing of the Constitutional Court only if the persons participating in the case have been notified of this.
Failure by the persons participating in the case and their representatives to attend a hearing of the Court shall not be an obstacle to considering the case and adopting a ruling or conclusion and other decisions.
While considering a case under oral procedure, the Constitutional Court must directly investigate evidence: it must listen to the explanations of the persons participating in the case and specialists, the testimony of witnesses, and the conclusions of experts and become familiar with written evidence and examine other evidence; while considering a case under written procedure, the Court must examine the written explanations of the persons participating in the case and specialists, the conclusions of experts, and other written evidence.
Only the persons participating in the case, their representatives, witnesses, experts, and specialists or officials requested to attend the proceedings may speak at the Court.
In cases where no persons participating in the case or their representatives, after they have been summoned to participate in a hearing, attend it, a free-form judicial hearing shall be held.
Amendments to the Article:
No I-1475, 11-07-1996, Valstybės žinios (Official Gazette), 1996, No 73-1749 (31-07-1996)
No XI-1783, 06-12-2011, Valstybės žinios (Official Gazette), 2011, No 154-7262 (17-12-2011)
Article 45. The Chairperson of a Judicial Hearing
A judicial hearing shall be chaired by the President of the Constitutional Court; in his absence, a judicial hearing shall be chaired by the justice who is temporarily acting for the President of the Constitutional Court; if both of them are absent, a judicial hearing shall be chaired by another justice who is chosen by the Constitutional Court and is not the justice-rapporteur.
The chairperson of a hearing shall conduct the hearing and take measures to comprehensively, fully, and objectively investigate all circumstances of the case; shall exclude everything that is irrelevant to the issue under consideration from the proceedings; shall interrupt the participants to the proceedings if they speak of matters that are irrelevant to the case under consideration or are not within the jurisdiction of the Constitutional Court; and shall deny speakers a say where they start speaking in an arbitrary manner, where they fail to comply with the requirements of the chairperson of the hearing, where they speak in a rude or insulting manner, or where they show disrespect for the Constitution or the constitutional order of the state.
The chairperson of a hearing shall have the right to remove anyone who violates order or disobeys his requirements from the courtroom. A person participating in the case who ignores a warning given by the chairperson of the hearing may be removed from the courtroom by a decision of the Court.
If the behaviour of persons present in the courtroom interferes with the hearing, the chairperson of the hearing shall warn them that, upon a repeated violation of order, they may be removed from the courtroom.
The chairperson of a hearing shall announce a recess where it is necessary to take a rest, where the persons participating in the case must prepare for their final speech, at the end of working hours, where normal work is obstructed, and in other cases.
Article 46. The Procedure of a Judicial Hearing
Persons present in the courtroom must keep order and respect the Court and, without objection, obey the calls of the chairperson of the hearing to keep order.
Minors who are not petitioners or witnesses shall not be admitted to the courtroom.
Amendments to this Paragraph of the Article:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
When the justices enter or leave the courtroom, as well as when a ruling or conclusion of the Constitutional Court is being pronounced, all present in the courtroom shall rise. All participants to the proceedings 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 the hearings of the Constitutional Court, order shall be kept by the clerk of the Court. The calls of the clerk to keep order or his calls to comply with the instructions of the chairperson of the hearing shall be obligatory to the participants to the proceedings.
If, during a hearing of the Court, the persons participating in the hearing fail to comply with the calls of the chairperson of the hearing or the clerk of the Court to keep order, or violate other rules established in the Constitutional Court, they may be removed from the courtroom and be held responsible in accordance with law.
Article 47. The Preparatory Part of a Judicial Hearing
At the appointed time, the chairperson of a hearing shall announce the commencement of the hearing of the Constitutional Court and which case is under consideration.
At a hearing of the Constitutional Court, the court reporter shall announce which of the summoned persons are present, as well as the available information regarding the reasons for the non-attendance of other persons.
The Court shall identify the persons who are present and shall verify the authorisations of the officials and representatives. If anyone of the persons participating in the case fails to attend or if a representative has no required authorisation, the Constitutional Court shall decide whether it may begin the consideration of the case.
The chairperson of a hearing shall clarify the rights and duties of the persons participating in the case and experts, as well as the duties and responsibility of other summoned persons.
The requests of the persons participating in the case shall be heard and decided by the Court.
Article 48. The Self-Disqualification or Disqualification of a Justice of the Constitutional Court
A justice of the Constitutional Court may disqualify himself or be disqualified from the consideration of a case if:
1) he is a relative of one of the persons participating in the case and if inquiries of a personal nature are considered;
2) he has publicly declared how the case under consideration should be decided by the Court;
3) there are other circumstances that raise reasonable doubts as to the impartiality of the justice.
If the circumstances specified in the first paragraph of this Article are present, the justice must in writing announce them before the commencement of the consideration of the case and request the Constitutional Court to decide the issue concerning his disqualification. On the same grounds and according to the same procedure, the persons participating in the case may also put forward a reasoned motion for disqualification.
If the circumstances specified in the first paragraph of this Article become apparent during a preliminary investigation into a received petition or inquiry, the justice carrying out the preliminary investigation must in writing state this and request the President of the Constitutional Court to decide the question of his self-disqualification. Upon submission by the President of the Constitutional Court, the self-disqualification of a justice from a preliminary investigation into a petition or inquiry shall be decided by the Constitutional Court.
The Article was supplemented with this Paragraph:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
If a motion for disqualification has been put forward, the Constitutional Court must hear the opinions of the persons participating in the case. The Court shall decide issues concerning self-disqualification or disqualification in the deliberation room.
Note by the Register of Legal Acts. The former Paragraph 3 of Article 48 becomes Paragraph 4.
Amendments to this Paragraph of the Article:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
Amendments to the Article:
No X-1224, 26-06-2007, Valstybės žinios (Official Gazette), 2007, No 77-3056 (12-07-2007)
Article 49. The Adjournment of the Consideration of a Case
The consideration of a case may be adjourned upon the decision of the Constitutional Court if:
1) the issue has not been adequately prepared and additional investigation is necessary;
2) it is necessary to obtain new evidence;
3) in the course of the consideration of a case, the Constitutional Court decides to apply to the European Court of Human Rights and request an advisory opinion on questions of principle relating to the interpretation or application of the rights and freedoms defined in the Convention for the Protection of Human Rights and Fundamental Freedoms or the protocols thereto;
The Article was supplemented with this Item:
No XII-1775, 11-06-2015, published in the Register of Legal Acts 16-06-2015, identification code 2015-09619
4) in the course of the consideration of a case, the Constitutional Court decides to apply to the Court of Justice of the European Union and request a preliminary ruling on questions relating to the interpretation or validity of the legal acts of the European Union;
The Article was supplemented with this Item:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
5) other important reasons come to light.
Amendment to the numeration of this Item of the Article:
No XII-1775, 11-06-2015, published in the Register of Legal Acts 16-06-2015, identification code 2015-09619
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
When adjourning the consideration of a case, the Constitutional Court may set another date for the hearing and announce this to the persons present, who then sign to acknowledge this.
When adjourning the consideration of a case commenced, the Court may ask questions of the witnesses who are present and will not, as a rule, be summoned again.
If the consideration of a case is adjourned on the grounds established in Items 3 and 4 of the first paragraph of this Article, the adjourned consideration of the case shall be renewed upon the receipt of an advisory opinion from the European Court of Human Rights or a preliminary ruling from the Court of Justice of the European Union, respectively.
The Article was supplemented with this Paragraph:
No XII-1775, 11-06-2015, published in the Register of Legal Acts 16-06-2015, identification code 2015-09619
Amendments to this Paragraph of the Article:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
Having renewed the consideration of an adjourned case, the Court shall decide whether to start the consideration anew or to resume the consideration from the point in the legal proceedings at which the case consideration was adjourned.
Amendments to this Paragraph of the Article:
No XII-1775, 11-06-2015, published in the Register of Legal Acts 16-06-2015, identification code 2015-09619
Article 50. Investigation into Evidence
The consideration of a case on its merits shall begin with a speech by the justice-rapporteur, in which the justice-rapporteur shall set out the substance of the case, the cause and grounds for its consideration, the content of the material available, and other necessary data. The justices of the Constitutional Court may put questions to the justice-rapporteur.
After this, the explanations of the persons participating in the case shall be heard, beginning with the explanations of the petitioner. These persons shall have the right to ask each other questions and voice their opinions regarding each other’s statement or request. The justices of the Constitutional Court may also put questions to them. The chairperson of the hearing shall read aloud the written explanations of those persons participating in the case who are not in attendance at the hearing of the Court.
Before asking questions of witnesses, the chairperson of the hearing shall establish their identity and shall warn them of their responsibility for refusing or avoiding giving testimony or for giving knowingly false testimony. Once being notified of their responsibility, witnesses shall sign to acknowledge this.
Questions may be asked of a witness after he has given testimony. The written testimony of witnesses shall be read aloud at the hearing of the Court.
Written evidence or the minutes taken at the examination of this evidence shall be read aloud at the hearing of the Court and shall be given to the persons participating in the case so that they can familiarise themselves with them and can then give their explanations.
Exhibits presented as material evidence shall be examined by the Court; such material evidence shall also be shown to the persons participating in the case and, where necessary, to experts and witnesses. The persons participating in the case may give their explanations in relation to material evidence.
The act of expert examination shall be read aloud at the hearing of the Court. The expert may be asked questions. Where necessary, the Court may instruct that an additional or repeated expert examination be carried out.
Specialists who have been summoned to the hearing shall present their explanations as regards the questions raised to them and shall set out their arguments. Specialists may be asked questions.
After all evidence has been examined, the chairperson of the hearing shall ask the persons participating in the case if they wish to supplement the material of the case. The Court shall settle requests by adopting decisions concerning them. After the requests have been settled or once there are no requests, the chairperson of the hearing shall announce the completion of the investigation into the evidence.
Amendments to the Article:
No I-1475, 11-07-1996, Valstybės žinios (Official Gazette), 1996, No 73-1749 (31-07-1996)
Article 51. Pleadings
Pleadings shall consist of speeches by the persons participating in the case.
During pleadings, the petitioner and his representative shall speak first, followed by the party concerned and his representative.
After that, the persons participating in the case may speak a second time concerning the previous speeches made during the pleadings. The right to the final statement shall always belong to the party concerned and his representative.
If, in the course of pleadings, the Constitutional Court acknowledges that new circumstances that are significant for the case must be elucidated or new evidence must be investigated, it shall adopt a decision to renew investigation into evidence. Having completed investigation into evidence, the Court shall again hear pleadings in accordance with the general procedure.
Article 52. Recording the Hearings of the Court
If a case is considered under oral procedure, an audio recording of the hearing of the Constitutional Court shall be made. The audio recording of a hearing of the Constitutional Court shall be considered to be the minutes of the hearing of the Constitutional Court and shall be a constituent part of the case. The minutes of a hearing of the Constitutional Court may also be taken in writing if the Constitutional Court so decides. The minutes of a hearing shall be taken by the court reporter.
The minutes of a hearing of the Constitutional Court shall specify the following:
1) the place and date of the hearing and the time when the hearing commenced and concluded;
2) the name, surname, and office of the chairperson of the hearing;
3) the names and surnames of the participating justices and the name and surname of the court reporter;
4) the issue under consideration;
5) the data relating to the persons participating in the case;
6) the witnesses and experts participating in the case;
7) other officials present at the hearing;
8) the consecutive order of the actions of the Constitutional Court and the results of these actions;
9) the decisions of the Constitutional Court;
10) the explanations and speeches of the persons participating in the case;
11) the entry on the notification given to witnesses and experts concerning their responsibility;
12) the testimony of witnesses and experts;
13) the questions put to the persons participating in the case, witnesses, and experts, as well as their responses;
14) the data concerning the examination of documents and other evidence;
15) the content of pleadings;
16) the facts that the persons participating in the case have requested to be entered in the minutes;
17) the violations of the procedure and the facts concerning disrespect for the Constitutional Court, as well as warnings, penalties, and other procedural measures;
18) the fact that the ruling or another decision has been read aloud.
The course of a hearing of the Constitutional Court and speeches made during the hearing must be reflected in the minutes as accurately and comprehensibly as possible. The testimony of witnesses, the conclusions of experts, and the explanations of other participants to the proceedings shall be attached to the case if they were submitted in writing and signed. A witness who has been questioned orally may also submit his testimony in writing. It shall be attached to the case.
The minutes of a hearing of the Constitutional Court must be completed within two working days of the completion or adjournment of the hearing. The minutes of a hearing shall be signed by the President of the Constitutional Court and the court reporter.
Amendments to the Article:
No I-1475, 11-07-1996, Valstybės žinios (Official Gazette), 1996, No 73-1749 (31-07-1996)
Amendments to the Article:
No XII-1703, 14-05-2015, published in the Register of Legal Acts 25-05-2015, identification code 2015-08037
Article 53. The Confidentiality of the Deliberations of the Constitutional Court
The justices of the Constitutional Court who have participated in the pleadings shall retire to the deliberation room to adopt a ruling. The chairperson of the hearing shall announce this to the persons present in the courtroom.
During deliberation and the adoption of a ruling or conclusion, only the justices of the Constitutional Court may be present in the deliberation room. The chairperson of a hearing shall conduct the deliberation of the justices and shall guarantee them the possibility of expressing their opinions freely and without hindrance; seeking thorough and comprehensive consideration, he shall organise voting, as well as recording a decision and drawing it up. Once the deliberation concludes, the Constitutional Court may request the attendance of an official of the Court to the deliberation room in order that he would draw up the ruling or conclusion of the Constitutional Court that is dictated to him.
Neither the justices of the Constitutional Court nor the official who participated in the hearing shall have the right to disclose the opinions voiced in the deliberation room or in which way the justices voted. The expression of a separate opinion shall not be considered to be the disclosure of the said opinions.
Amendments to the Article:
No X-1806, 11-11-2008, Valstybės žinios (Official Gazette), 2008, No 134-5179 (22-11-2008)
Article 531. The Consideration of a Case under Written Procedure
Having established that there are enough data for considering a case under written procedure, the justice of the Constitutional Court preparing the case for a judicial hearing shall propose at a procedural sitting of the Constitutional Court that a decision to assign the case for consideration under written procedure be adopted.
A case shall be considered under written procedure, except in cases where the Constitutional Court decides that the oral consideration of the case is necessary.
Amendments to this Paragraph of the Article:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
The Constitutional Court shall notify the persons participating in the case of the decision to assign the case for consideration under written procedure by sending a copy of the decision not later than seven calendar days before the beginning of the judicial hearing.
Amendments to this Paragraph of the Article:
No XII-1703, 14-05-2015, published in the Register of Legal Acts 25-05-2015, identification code 2015-08037
Where a case is considered under written procedure, the participants to the proceedings shall not be summoned to and shall not participate in the judicial hearing; a free-form hearing shall be held. The rights and duties established in this Law shall be implemented by the participants to the proceedings in writing before the beginning of the judicial hearing.
During the consideration of a case under written procedure, having assessed the material of the case, the Constitutional Court may adopt a decision to assign the case for consideration under oral procedure.
The Law was supplemented with the Article:
No XI-1783, 06-12-2011, Valstybės žinios (Official Gazette), 2011, No 154-7262 (17-12-2011)
Article 54. Issues Settled by Adopting a Ruling
By adopting a ruling, the Court shall assess the evidence and shall state which important circumstances have been established and which have not been established, which norm of the Constitution or norm of the law must be applied in the case at issue, and whether the petition is to be granted.
The Court shall base its ruling only on the evidence that has been investigated during the hearing of the Court.
Upon deciding during deliberation that new circumstances must be elucidated or new evidence must be investigated, the Court shall adopt a decision to renew the consideration of the case and shall determine which additional procedural actions must be carried out.
Article 55. The Procedure for Adopting the Rulings of the Constitutional Court
A ruling of the Constitutional Court on a case shall be adopted in the deliberation room. A ruling must be adopted within one month of the completion of the consideration of the respective case.
An adopted ruling shall be set out in writing and shall be signed by all the participating justices.
Amendments to a ruling must be discussed in writing before they are signed by the justices.
A justice of the Constitutional Court who has a different opinion regarding an act adopted by the Constitutional Court shall have the right to set out his reasoned separate opinion in writing within five working days of the pronouncement of the act in the courtroom. Where such an opinion is received before the pronouncement of the act of the Constitutional Court in the courtroom, the chairperson of the hearing shall make the fact about the existing separate opinion known after the act adopted by the Constitutional Court is pronounced in the courtroom.
A separate opinion of a justice shall be published on the website of the Constitutional Court and shall be attached to the case; the persons participating in the case and the mass media shall be informed about the separate opinion.
Amendments to the Article:
No X-1806, 11-11-2008, Valstybės žinios (Official Gazette), 2008, No 134-5179 (22-11-2008)
No XII-581, 07-11-2013, Valstybės žinios (Official Gazette), 2013, No 120-6053 (23-11-2013)
Amendments to the Article:
No XII-1703, 14-05-2015, published in the Register of Legal Acts 25-05-2015, identification code 2015-08037
Article 56. The Content of the Rulings of the Constitutional Court
A ruling of the Constitutional Court on a case shall be drawn up as a separate document.
It shall specify the following:
the title of the ruling and the date and place of adopting it;
the composition of the Constitutional Court;
the court reporter;
the persons participating in the case and their representatives;
the issue under consideration and its grounds;
the articles of the Constitution and this Law that establish the right of the Constitutional Court to consider the issue;
the request set out in the application;
the full title of the legal act whose compliance with the Constitution has been examined, as well as the source of its publication or receipt;
the actions or decision of a member of the Seimas or state official that have (has) been examined in terms of their compliance with the Constitution;
the circumstances established by the Constitutional Court;
the arguments and evidence upon which the decision reached by the Constitutional Court is based and, where necessary, the arguments refuting other opinions;
the norm of the Constitution that the Constitutional Court has followed in assessing the compliance of the act or action concerned with the Constitution;
the operative part of the ruling;
the indication that the ruling is final and not subject to appeal.
Article 57. The Pronouncement of Rulings at the Constitutional Court
Having adopted a ruling, the Constitutional Court shall return to the courtroom and the chairperson of the hearing shall pronounce the ruling of the Court.
All present in the courtroom, with the exception of the justices of the Constitutional Court, shall stand to hear the ruling.
After the ruling has been adopted, neither the persons participating in the case nor other institutions and persons may raise the issue concerning the compliance of the investigated legal act with the Constitution or laws anew before the Court, or contest the conclusion given by the Court or the facts and legal relationsLegal relations It is established law that in the domestic or social context, there is a presumption that the parties do not intend for legal consequences to follow and hence do not intend to create legal relations, which imposes the burden of proof on the party seeking to enforce the agreement to prove that the parties did in fact intend for their arrangement to have legal consequences. A domestic arrangement in which prima facie attracts the presumption gave rise to an enforceable contract, then he must plead that the parties had the requisite intention to create legal relations, and also plead the material facts sustaining that assertion. established by the Court.
Article 58. The Correction of the Rulings, Conclusions, and Decisions of the Constitutional Court
After pronouncing a ruling, conclusion, or decision, the Constitutional Court may, on its own initiative or at the request of the persons participating in the case, correct inaccuracies or obvious proofreading errors that are in the ruling, conclusion, or decision, provided that these corrections do not change the substance of the ruling, conclusion, or decision. The Constitutional Court shall adopt a decision concerning the said corrections. Such a decision shall be sent and published in accordance with the procedure established by this Law.
Amendments to the Article:
No I-1475, 11-07-1996, Valstybės žinios (Official Gazette), 1996, No 73-1749 (31-07-1996)
Amendments to the Article:
No XII-1703, 14-05-2015, published in the Register of Legal Acts 25-05-2015, identification code 2015-08037
Article 59. The Non-Appealability of the Rulings of the Constitutional Court
The rulings of the Constitutional Court shall be final and not subject to appeal.
Article 60. Sending the Rulings, Conclusions, and Decisions of the Constitutional Court to the Authorised Subjects
A ruling, conclusion, or decision of the Constitutional Court, within two days of the day of the adoption of the act, shall be sent to:
1) the persons that participated in the case;
2) the Seimas, the President of the Republic, and the Government;
3) the President of the Supreme Court, the Prosecutor General, and the Minister of Justice.
The President of the Constitutional Court may instruct that a ruling, conclusion, or decision of the Constitutional Court be sent to other institutions, officials, or citizens.
Amendments to the Article:
No XII-1703, 14-05-2015, published in the Register of Legal Acts 25-05-2015, identification code 2015-08037
Article 61. The Interpretation of the Rulings, Conclusions, and Decisions of the Constitutional Court
Only the Constitutional Court may officially interpret its ruling, conclusion, and decision at the request of the persons that participated in the case or other institutions or persons specified in the first paragraph of Article 60 of this Law, or on its own initiative.
Amendments to this Paragraph of the Article:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
A free-form judicial hearing shall be held regarding the interpretation of a ruling, conclusion, or decision of the Constitutional Court. The persons participating in the case shall be notified of the date and place of the hearing. A decision on the interpretation of a ruling, conclusion, or decision of the Constitutional Court shall be adopted as a separate document. It shall be sent and published in accordance with the procedure established by this Law.
The Constitutional Court must interpret its ruling, conclusion, and decision without changing their content.
Amendments to the Article:
No I-1475, 11-07-1996, Valstybės žinios (Official Gazette), 1996, No 73-1749 (31-07-1996)
Amendments to the Article:
No XII-1703, 14-05-2015, published in the Register of Legal Acts 25-05-2015, identification code 2015-08037
Article 62. The Review of the Rulings, Conclusions, and Decisions of the Constitutional Court
The Constitutional Court may review its rulings, conclusions, and decisions on its own initiative in cases where such new and essential circumstances become apparent that could have determined a different content of the ruling, conclusion, or decision if these circumstances had been known to the Constitutional Court at the time when the ruling, conclusion, or decision was adopted.
In such a case, the Constitutional Court shall adopt a decision and shall start the consideration of the case anew.
A decision of the Constitutional Court on the interpretation of its ruling, conclusion, or decision may also be reviewed in cases where the ruling, conclusion, or decision was interpreted not according to its actual content.
Amendments to the Article:
No XII-1703, 14-05-2015, published in the Register of Legal Acts 25-05-2015, identification code 2015-08037
CHAPTER IV. PROCEEDINGS SUBSEQUENT TO PETITIONS REQUESTING AN INVESTIGATION INTO THE COMPLIANCE OF LEGAL ACTS WITH THE CONSTITUTION
Article 63. The Jurisdiction of the Constitutional Court over Cases on the Compliance of Legal Acts with the Constitution
The Constitutional Court shall consider cases on:
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;
3) the compliance of the acts of the Government with the Constitution and laws.
While considering the cases specified in the first paragraph of this Article, the Constitutional Court shall investigate the compliance of either the entire act or part thereof with the Constitution or laws.
Article 64. The Grounds and Cause for Considering Cases on the Compliance of Legal Acts with the Constitution
The grounds for considering a case on 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 its part is in conflict with the Constitution in terms of:
1) the content of norms;
2) the scope of regulation;
3) the form;
4) the procedure established in the Constitution for its adoption, signing, publication, or entry into force.
The cause for considering a case on the compliance of a legal act with the Constitution shall be the filing with the Constitutional Court of a petition in the form and under the procedure established by this Law.
Article 65. Filing a Petition with the Constitutional Court for an Investigation into the Compliance of a Legal Act with the Constitution
The right to file a petition with the Constitutional Court for an investigation into the compliance of a legal act with the Constitution shall be vested in:
1) the Government, a group of not less than 1/5 of all the members of the Seimas, and courts in cases concerning a law or another act adopted by the Seimas;
2) a group of not less than 1/5 of all the members of the Seimas and courts in cases concerning an act of the President of the Republic;
3) a group of not less than 1/5 of all the members of the Seimas, courts, and the President of the Republic in cases concerning an act of the Government.
A person shall have the right to file a petition with the Constitutional Court for an investigation into the compliance of laws or other acts of the Seimas, the acts of the President of the Republic, or the acts of the Government with the Constitution or laws if:
1) a decision adopted on the basis of these acts has violated the constitutional rights or freedoms of the person, and
2) the person has exhausted all remedies provided for by law for defending his constitutional rights or freedoms, including the right to apply to a court, and, after all possibilities established by law for filing a complaint against the decision of the court have been exhausted, the final and non-appealable decision is adopted by the court, and
3) not more than four months have passed from the day that the court decision referred to in Item 2 of this Paragraph came into force.
This time limit shall not be considered to be missed in cases where a petition of a person referred to in the second paragraph of this Article has been handed to a postal service provider or has been sent through the eDelivery system or by other electronic means of communication by the midnight (24.00) of the last day of the time limit established in Item 3 of the second paragraph of this Article for filing a petition with the Constitutional Court.
Amendments to this Paragraph of the Article:
No XIV-426, 17-06-2021, published in the Register of Legal Acts 29-06-2021, identification code 2021-14589
A person referred to in the second paragraph of this Article shall have the right to request the renewal of the time limit established in Item 3 of the second paragraph of this Article for filing a petition with the Constitutional Court if this time limit has been missed due to important reasons. After it is established that the above-mentioned time limit for filing a petition with the Constitutional Court has been missed due to important reasons, a decision to renew this time limit shall be adopted in accordance with the procedure set out in the second paragraph of Article 25 of this Law.
Amendments to the Article:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
Article 66. The Content of a Petition Requesting an Investigation into the Compliance of a Legal Act with the Constitution
A petition requesting an investigation into the compliance of a legal act with the Constitution must contain:
1) the addressee – the Constitutional Court;
2) the name and address of the petitioner;
3) data about the representative of the petitioner and his powers, except in cases of ex officio representation;
4) the name and address of the state institution that adopted the impugned legal act;
5) the norms of the Constitution and this Law that grant the right to apply with a petition to the Constitutional Court;
6) the precise title of the impugned legal act, its number, the date of its adoption, and other data necessary for its identification, as well as the source of its publication (if published);
7) the specific grounds for considering the case, together with references to the norms of this Law;
8) the position of the petitioner concerning the compliance of the legal act with the Constitution and the legal substantiation of this position, containing references to laws;
9) a formulated request to the Constitutional Court;
10) the list of documents attached.
A petition shall be signed by the head of the respective state institution that has the right to apply to the Constitutional Court. A petition of the Government must be supported by the resolution of the Government, which shall be attached to the documents submitted. A petition of a group of members of the Seimas shall be signed by all members of the Seimas who file the petition with the Constitutional Court, while specifying, at the same time, the representative (representatives) of their group; the signatures of the said members of the Seimas shall be approved with the signature of the Speaker of the Seimas or a Deputy Speaker of the Seimas. In cases where a petition is filed in electronic form through the eDelivery system or by other electronic means of communication, the head of the respective state institution that has the right to apply to the Constitutional Court shall sign the petition with a qualified electronic signature; a petition of a group of members of the Seimas filed in electronic form by electronic means of communication shall be approved with a qualified electronic signature of the Speaker of the Seimas or a Deputy Speaker of the Seimas.
Amendments to this Paragraph of the Article:
No XIV-426, 17-06-2021, published in the Register of Legal Acts 29-06-2021, identification code 2021-14589
The following shall be attached to a petition:
1) the text of the impugned legal act (provision thereof);
2) the authorisation or another document confirming the powers of the representative, except in cases of ex officio representation;
3) translations into the Lithuanian language, certified in accordance with the procedure established by law, of documents and other material drawn up in a language other than Lithuanian.
A list of witnesses and experts who are proposed to be summoned to the hearing of the Constitutional Court, the conclusions of specialists, as well as other documents and material, may be attached to the petition. The circumstances that each witness can confirm shall be specified next to the surname of the witness.
A petition and attachments thereto specified in the third paragraph of this Article shall be submitted to the Constitutional Court in accordance with the procedure established in Article 411 of this Law.
Amendments to this Paragraph of the Article:
No XIV-426, 17-06-2021, published in the Register of Legal Acts 29-06-2021, identification code 2021-14589
Amendments to the Article:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
Article 67. The Content of Petitions Filed with the Constitutional Court by the Supreme Court of Lithuania, the Court of Appeal of Lithuania, Regional Courts, and District Courts
In cases where there are grounds to believe that a law or another legal act applicable in a specific case is in conflict with the Constitution, the court (judge) shall suspend the consideration of the case and, having regard to the competence of the Constitutional Court, shall apply to it with a petition requesting it to decide whether the law or other legal act in question is in compliance with the Constitution.
The Supreme Court of Lithuania, the Court of Appeal of Lithuania, regional courts, and district courts shall apply to the Constitutional Court by means of an order. The following must be specified in the order:
1) the time and place of the adoption of the order;
2) the name and address of the court that has adopted the order;
3) the composition of the court that has adopted the order and the persons participating in the case;
4) a brief summary of the substance of the case and the laws by which the persons participating in the case substantiate their claims or objections;
5) the legal arguments for the opinion of the court regarding the conflict of the law or another legal act in question with the Constitution;
6) a formulated request from the court to the Constitutional Court.
The following shall be attached to the order of the court:
1) the case suspended by the court;
2) the text of the impugned legal act (provision thereof).
Amendments to this Paragraph of the Article:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
The order adopted by the court shall be filed with the Constitutional Court in accordance with the procedure established in Article 411 of this Law.
Amendments to this Paragraph of the Article:
No XII-1703, 14-05-2015, published in the Register of Legal Acts 25-05-2015, identification code 2015-08037
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
No XIV-426, 17-06-2021, published in the Register of Legal Acts 29-06-2021, identification code 2021-14589
Having considered the case, the Constitutional Court shall return the suspended and submitted case to the court concerned.
Amendments to the Article:
No I-1475, 11-07-1996, Valstybės žinios (Official Gazette), 1996, No 73-1749 (31-07-1996)
Article 671. The Content of a Petition Filed with the Constitutional Court by a Person Referred to in the Fourth Paragraph of Article 106 of the Constitution
A petition filed with the Constitutional Court by a person referred to in the fourth paragraph of Article 106 of the Constitution must contain:
1) the addressee – the Constitutional Court;
2) the name and surname (name), personal identification number (code), place of residence (domicile), also the address of the electronic delivery box, email address, and telephone number (if available), of the person filing the petition; the name, surname, and address, also the address of the electronic delivery box, email address, and telephone number (if known), of the representative (if any);
Amendments to this Paragraph of the Article:
No XIV-426, 17-06-2021, published in the Register of Legal Acts 29-06-2021, identification code 2021-14589
3) the name and address of the state institution that adopted the impugned legal act;
4) the precise title of the impugned legal act, its number, the date of its adoption, and other data necessary for its identification, as well as the source of its publication (if published);
5) the decision that was adopted on the basis of the act referred to in Item 4 of this paragraph and has possibly violated the constitutional rights or freedoms of the person filing the petition, as well as the entity that adopted this decision;
6) the circumstances confirming that the person filing the petition has exhausted all remedies provided for by law for defending his constitutional rights or freedoms, including the right to apply to a court, and, after all possibilities established by law for filing a complaint against the decision of the court have been exhausted, the final and non-appealable decision is adopted by the court;
7) the circumstances confirming that the petition is filed within the time limit provided for in this Law, or a request to renew the missed time limit and the circumstances confirming that this time limit has been missed due to important reasons;
8) the norms of the Constitution and this Law that grant the right to apply with a petition to the Constitutional Court;
9) the specific grounds for considering the case, together with references to the norms of this Law;
10) the legal arguments substantiating the position of the person filing the petition regarding the conflict of the impugned legal act with the Constitution, including the legal arguments substantiating how the constitutional rights or freedoms of this person have been violated;
11) a formulated request to the Constitutional Court.
The information specified in the first paragraph of this Article must be formulated in a petition in a clear, precise, and understandable manner.
A petition shall be signed by the person filing it or his representative. Where a petition is filed by electronic means of communication, the person filing the petition shall sign it with a qualified electronic signature. If the person filing a petition cannot sign it, the person authorised by him shall sign the petition for him, indicating the reason due to which the person filing the petition cannot sign it himself. A petition that fails to meet the requirements established in this Paragraph shall not be registered and shall be returned to the person having filed it.
Amendments to this Item of the Article:
No XIV-426, 17-06-2021, published in the Register of Legal Acts 29-06-2021, identification code 2021-14589
The following shall be attached to a petition:
1) the text of the impugned legal act (provision thereof);
2) the decision that has possibly violated the constitutional rights or freedoms of the person filing the petition;
3) the documents confirming that, before applying to the Constitutional Court, the person filing the petition has exhausted all remedies provided for by law for defending his constitutional rights or freedoms, including the right to apply to a court, and, after all possibilities established by law for filing a complaint against the decision of the court have been exhausted, the final and non-appealable decision is adopted by the court;
4) the evidence proving that the time limit provided for in this Law has been missed due to important reasons in cases where the petition is filed by the person after this time limit;
5) other documents substantiating the petition filed by the person;
6) the authorisation or another document confirming the powers of the representative (if there is any representative);
7) translations into the Lithuanian language, certified in accordance with the procedure established by law, of all documents and other material drawn up in a language other than Lithuanian.
A petition and attachments thereto specified in the fourth paragraph of this Article shall be submitted to the Constitutional Court in accordance with the procedure established in Article 411 of this Law.
Amendments to this Paragraph of the Article:
No XIV-426, 17-06-2021, published in the Register of Legal Acts 29-06-2021, identification code 2021-14589
The Law was supplemented with this Article:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
Article 672. Suspending the Execution of the Decision of the Court
Filing a petition with the Constitutional Court by a person referred to in the fourth paragraph of Article 106 of the Constitution and accepting this petition (part thereof) by the Constitutional Court for consideration in accordance with the procedure established by this Law shall not suspend the execution of the decision of the court.
Having regard to a reasoned request submitted by the petitioner to suspend the execution of the decision of the court, the Constitutional Court may suspend the execution of the decision of the court in exceptional circumstances where the constitutional rights or freedoms of the petitioner would be irreparably violated due to the execution of the decision of the court or where suspending the execution of the decision of the court is necessary for reasons of public interest. A request to suspend the execution of the decision of the court must be submitted together with the respective petition requesting an investigation into the compliance of a legal act with the Constitution or laws.
When deciding the issue specified in the second paragraph of this Article, the Constitutional Court shall adopt a reasoned decision. This decision shall be adopted not later than within ten days after the petition requesting an investigation into the compliance of a legal act with the Constitution or laws is accepted for consideration in the Constitutional Court.
Repeated requests by the petitioner to suspend the execution of the decision of the court shall be inadmissible and shall not be considered, except in cases where new circumstances become apparent.
The Law was supplemented with this Article:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
Article 68. The Withdrawal of a Petition Requesting an Investigation into the Compliance of a Legal Act with the Constitution
With the consent of the President of the Constitutional Court, a petition requesting an investigation into the compliance of a legal act with the Constitution may be withdrawn by the institution that has filed it or by the person concerned referred to in the fourth paragraph of Article 106 of the Constitution before the case is assigned for consideration at a judicial hearing.
Amendments to the Article:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
Article 69. Refusal by the Constitutional Court to Consider a Petition Requesting an Investigation into the Compliance of a Legal Act with the Constitution
By its decision, the Constitutional Court shall refuse to consider a petition requesting an investigation into the compliance of a legal act with the Constitution if:
1) the petition has been filed by an institution or a person that does not have the right to apply to the Constitutional Court;
2) the consideration of the petition does not fall within the jurisdiction of the Constitutional Court;
3) the constitutionality of the legal act specified in the petition has already been investigated by the Constitutional Court and the ruling given by the Constitutional Court on this issue is still in force;
4) the Constitutional Court has already commenced the consideration of a case on the same issue;
5) the petition is based on non-legal reasoning;
6) the petition by a person referred to in the fourth paragraph of Article 106 of the Constitution is filed after the time limit provided for in this Law for filing such a petition with the Constitutional Court has been missed, except in the case specified in the fourth paragraph of Article 65 of this Law.
The Article was supplemented with this Item:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
When refusing to consider a petition requesting an investigation into the compliance of a legal act with the Constitution, the Constitutional Court shall adopt a reasoned decision, a copy of which shall be handed or sent to the petitioner.
If the grounds for refusing to consider a petition have been established after the commencement of the consideration of the case during a hearing of the Constitutional Court, a decision to dismiss the case shall be adopted.
The annulment of an impugned legal act shall constitute the grounds for adopting a decision to dismiss the instituted legal proceedings. If this comes to light before the beginning of the judicial hearing, the Constitutional Court shall decide this question in the deliberation room.
Amendments to the Article:
No I-1475, 11-07-1996, Valstybės žinios (Official Gazette), 1996, No 73-1749 (31-07-1996)
Article 70. The Return of a Petition Requesting an Investigation into the Compliance of a Legal Act with the Constitution to the Petitioner
On his own initiative or upon a proposal from the justice, the President of the Constitutional Court shall return a petition to the petitioner if:
1) the petition or attachments thereto fail(s) to meet the requirements established in Articles 66 and 67;
2) the person concerned referred to in the fourth paragraph of Article 106 of the Constitution has not exhausted all remedies provided for by law for defending his constitutional rights or freedoms, including the right to apply to a court;
3) the person concerned referred to in the fourth paragraph of Article 106 of the Constitution has failed to remove deficiencies in the situation and within the time limits established in the fourth paragraph of Article 24 of this Law.
Amendments to this Paragraph of the Article:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
The return of a petition does not preclude the right to apply to the Constitutional Court according to the general procedure once the deficiencies of the petition have been removed.
Article 71. The Types of the Rulings of the Constitutional Court in Cases on the Compliance of Legal Acts with the Constitution
Having considered a case on the compliance of a legal act with the Constitution, the Constitutional Court shall adopt one of the following rulings:
1) to recognise that the legal act is not in conflict with the Constitution or laws;
2) to recognise that the legal act is in conflict with the Constitution or laws.
In the case provided for in Item 2 of the first paragraph of this Article, the ruling must specify the specific articles of the Constitution or provisions of these articles or specific laws with which the legal act is in conflict.
In cases where part of a legal act is ruled to be in compliance with the Constitution or laws, while another part of the legal act is ruled to be in conflict with the Constitution or laws, this shall be precisely specified in the ruling of the Constitutional Court.
Article 72. The Consequences of Declaring a Legal Act in Conflict with the Constitution
A law (or part thereof) of the Republic of Lithuania or another act (or part thereof) of the Seimas, an act of the President of the Republic, or an act (or part thereof) of the Government may not be applied from the day of the official publication of the ruling of the Constitutional Court that the act in question (or part thereof) is in conflict with the Constitution of the Republic of Lithuania. The same consequences shall arise where the Constitutional Court gives a ruling that an act of the President of the Republic or an act (or part thereof) of the Government is in conflict with laws.
The rulings of the Constitutional Court shall be binding on all state institutions, courts, all enterprises, establishments, and organisations, as well as officials and citizens.
Amendments to this Paragraph of the Article:
No XII-1703, 14-05-2015, published in the Register of Legal Acts 25-05-2015, identification code 2015-08037
All state institutions, as well as their officials, must annul the substatutory acts adopted by them, or provisions of these substatutory acts, if they are based on a legal act that has been ruled to be unconstitutional.
Decisions based on legal acts that have been ruled to be in conflict with the Constitution or laws must not be executed if they had not been executed before the entry into force of the respective ruling of the Constitutional Court.
The legal force of a ruling of the Constitutional Court to declare a legal act or part thereof unconstitutional may not be overruled by the repeated adoption of a like legal act or part thereof.
CHAPTER V. THE CONSIDERATION OF INQUIRIES CONCERNING CONCLUSIONS
Article 73. Conclusions Given by the Constitutional Court
The Constitutional Court shall give conclusions on:
1) whether there were the violations of election laws during the elections of the President of the Republic or the elections of the members of the Seimas;
2) whether the state of health of the President of the Republic allows him to continue to hold office;
3) whether the international treaties of the Republic of Lithuania are in conflict with the Constitution; a conclusion concerning an international treaty may also be requested before its ratification in the Seimas;
4) whether the concrete actions of the members of the Seimas and state officials against whom an impeachment case has been instituted are in conflict with the Constitution.
Article 74. Filing an Inquiry with the Constitutional Court
The Seimas may request a conclusion from the Constitutional Court on all issues specified in Article 73 of this Law.
The President of the Republic may apply to the Constitutional Court with an inquiry concerning the elections of the members of the Seimas and international treaties.
Article 75. The Cause for Preparing a Conclusion of the Constitutional Court
The cause for preparing a conclusion of the Constitutional Court shall be the filing with the Constitutional Court of an inquiry in the form and under the procedure established by this Law.
Article 76. The Content of an Inquiry
The following must be specified in an inquiry:
1) the addressee – the Constitutional Court;
2) the name and address of the subject filing the inquiry;
3) the norms of the Constitution and this Law that grant the right to apply with an inquiry to the Constitutional Court;
4) the actions whose compliance with the Constitution is proposed to be verified and the circumstances under which these actions were carried out; in the event of an inquiry concerning an international treaty, the exact title of the international treaty, its number, the date of its signing, and other necessary data, as well as the source of its publication (if published);
5) a formulated request to the Constitutional Court;
6) the list of documents attached.
An inquiry by the Seimas may be set out in its resolution. In other cases, the resolution of the Seimas on the approval of the inquiry must be attached.
An inquiry shall be signed by the Speaker of the Seimas or the Deputy acting for the Speaker of the Seimas, or by the President of the Republic, respectively.
The following must be attached to an inquiry:
1) a copy of the whole text of the international treaty;
2) the relevant evidence and copies of the respective decisions of officials;
3) translations into the Lithuanian language, certified in accordance with the procedure established by law, of documents and other material drawn up in a language other than Lithuanian.
Amendments to this Item of the Article:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
A list of witnesses and experts who are proposed to be summoned to the hearing of the Constitutional Court, the conclusions of specialists, a document concerning the powers of representatives and their right to speak in the Constitutional Court on behalf of the petitioner, as well as other documents and material, may be attached to the inquiry. The circumstances that each witness can confirm shall be specified next to the surname of the witness.
An inquiry and the required attachments thereto shall be submitted to the Constitutional Court in nine copies. Where necessary, the President of the Constitutional Court may request that up to nine copies of other attachments be also submitted. The requirement to submit nine copies shall not apply in cases where an inquiry and the required attachments thereto are filed in electronic form through the eDelivery system or by other electronic means of communication. Inquiries and attachments thereto shall be filed with the Constitutional Court in accordance with the procedure established in Article 411 of this Law.
Amendments to this Paragraph of the Article:
No XII-1703, 14-05-2015, published in the Register of Legal Acts 25-05-2015, identification code 2015-08037
No XIV-426, 17-06-2021, published in the Register of Legal Acts 29-06-2021, identification code 2021-14589
Article 77. Inquiries Concerning the Violation of Election Laws
Inquiries concerning the violation of election laws in a specific constituency in the course of preparing and holding an election of the President of the Republic or election of the members of the Seimas may be filed with the Constitutional Court by the institutions specified in Article 74 of this Law not later than within three days of the official publication of the final election results in the constituency concerned or the official publication of the decision of the Central Electoral Commission on the availability or filling of a vacant seat of a member of the Seimas.
The Constitutional Court shall examine and assess only the decisions of the Central Electoral Commission or its refusals to examine complaints concerning the violation of election laws in cases where such decisions are adopted or other actions are carried out by the said commission after the voting closes in the election of the members of the Seimas or the President of the Republic.
Such an inquiry must be considered within 120 hours of its filing with the Constitutional Court. The time limit specified in this Article shall also include non-working days.
Amendments to the Article:
No IX-1797, 28-10-2003, Valstybės žinios (Official Gazette), 2003, No 108-4815 (19-11-2003)
Amendments to the Article:
No XII-1703, 14-05-2015, published in the Register of Legal Acts 25-05-2015, identification code 2015-08037
Article 78. Inquiries Concerning the State of Health of the President of the Republic
Only the Seimas shall have the right to file an inquiry with the Constitutional Court as to whether the state of health of the President of the Republic allows him to continue to hold office. The inquiry must be approved by a resolution adopted in accordance with the procedure established by the Statute of the Seimas.
The conclusion of the medical commission approved by the Seimas must be attached to the inquiry and the respective resolution of the Seimas. Other evidence describing the state of health shall be attached where necessary.
Amendments to the Article:
No IX-1797, 28-10-2003, Valstybės žinios (Official Gazette), 2003, No 108-4815 (19-11-2003)
Article 79. The Withdrawal of an Inquiry
An inquiry concerning the giving by the Constitutional Court of a conclusion may be withdrawn by the institution that has filed the inquiry before the commencement of consideration at a hearing of the Constitutional Court.
Article 80. Refusal by the Constitutional Court to Examine an Inquiry
The Constitutional Court shall refuse to examine an inquiry concerning the giving of a conclusion if:
1) the inquiry has been filed by an institution or a person that does not have the right to apply to the Constitutional Court;
2) the inquiry is based on non-legal reasoning;
3) the consideration of a specific issue does not fall within the jurisdiction of the Constitutional Court;
4) there is no action or decision whose compliance with the Constitution must be verified;
5) an issue raised in the inquiry, except in cases provided for in Item 2 of Article 73 of this Law, has already been investigated by the Constitutional Court and the conclusion given by the Constitutional Court on this issue is still in force.
If, in the course of considering an inquiry, the matter under consideration ceases to exist, the Constitutional Court shall dismiss the instituted legal proceedings on these grounds.
Article 81. The Return of an Inquiry to the Petitioner
On his own initiative or upon a proposal from the justice, the President of the Constitutional Court shall return an inquiry to the petitioner if the inquiry or attachments thereto fail(s) to comply with the requirements set out in Article 76 of this Law.
The return of an inquiry does not preclude the right to apply to the Constitutional Court according to the general procedure once the former deficiencies have been removed.
Article 82. The Procedure for Considering Inquiries in the Constitutional Court
Inquiries concerning the compliance of the international treaties of the Republic of Lithuania with the Constitution shall be considered according to the general rules for investigation into the constitutionality of legal acts.
Other inquiries shall be considered by the Constitutional Court at its discretion by adhering to a simpler procedure. Disputes arising shall be settled in accordance with the rules established by this Law.
Article 83. The Conclusions of the Constitutional Court
Having considered an inquiry, the Constitutional Court shall adopt a conclusion.
The conclusions of the Constitutional Court shall be final and not subject to appeal.
CHAPTER VI. FINAL PROVISIONS
Article 84. The Publication and Entry into Force of the Acts of the Constitutional Court and Announcements of the President of the Constitutional Court
The rulings of the Constitutional Court, its decisions on the interpretation of its rulings, and the announcements of the President of the Constitutional Court regarding the suspension of the validity of an impugned act, as well as regarding the restoration of the validity of a suspended act, shall officially be published in the Register of Legal Acts in accordance with the procedure laid down by the Law on the Legislative Framework.
The acts of the Constitutional Court and announcements of the President of the Constitutional Court specified in the first paragraph of this Article shall come into force on the day that these acts are officially published in the Register of Legal Acts.
Taking into account the specific circumstances of a particular case, the Constitutional Court may set a later date for the publication of its ruling by which a certain legal act (part thereof) is declared to be in conflict with the Constitution or laws.
The conclusions of the Constitutional Court and other acts of the Constitutional Court shall be published on the website of the Constitutional Court and shall come into force on the day of their publication on the website of the Constitutional Court.
Where necessary, the Constitutional Court shall publish the collections of its rulings, conclusions, and decisions, as well as other publications.
Each year not later than by 31 March, the President of the Constitutional Court shall announce the annual report on the activity of the Constitutional Court for the preceding year, providing an overview of the considered cases, the practice concerning the admissibility of the received petitions, as well as relevant issues related to international cooperation and other activity carried out by the Constitutional Court.
The Article was supplemented with this Paragraph:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
Amendments to the Article:
No I-1475, 11-07-1996, Valstybės žinios (Official Gazette), 1996, No 73-1749 (31-07-1996)
No IX-1797, 28-10-2003, Valstybės žinios (Official Gazette), 2003, No 108-4815 (19-11-2003)
No XI-2329, 06-11-2012, Valstybės žinios (Official Gazette), 2012, No 132-6657 (15-11-2012)
Amendments to the Article:
No XII-1703, 14-05-2015, published in the Register of Legal Acts 25-05-2015, identification code 2015-08037
Article 85. The Funding of the Constitutional Court
Upon submission by the Constitutional Court, the funds necessary for ensuring the activity of the Constitutional Court shall be allocated on an annual basis in a separate article of the State Budget.
Amendments to the Article:
No I-1475, 11-07-1996, Valstybės žinios (Official Gazette), 1996, No 73-1749 (31-07-1996)
Article 86. The Office of the Constitutional Court
The Constitutional Court shall have the Office. The structure and the Regulations of the Office of the Constitutional Court shall be approved by the Constitutional Court. The Office of the Constitutional Court shall be headed by the Chancellor of the Constitutional Court. The Chancellor of the Constitutional Court shall be subordinate to the President of the Constitutional Court.
The Chancellor of the Constitutional Court shall approve the list of the positions and descriptions for the positions of state servants of the Constitutional Court and employees who work there under employment contracts and receive remuneration from the state budget.
The Chancellor of the Constitutional Court, state servants of the Constitutional Court, and other employees of the Constitutional Court shall be employed in their positions in accordance with the procedure established by law.
Amendments to the Article:
No IX-1797, 28-10-2003, Valstybės žinios (Official Gazette), 2003, No 108-4815 (19-11-2003)
Amendments to the Article:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
Article 87. The Security of the Constitutional Court
The security of the buildings and premises of the Constitutional Court and, upon instruction by the President of the Constitutional Court, the security of the justices of the Constitutional Court shall be provided by the Ministry of the Interior.
The Constitutional Court may decide that this security be provided by another specialised state security organisation.
Amendments to the Article:
No I-1475, 11-07-1996, Valstybės žinios (Official Gazette), 1996, No 73-1749 (31-07-1996)
Article 88. The Symbols of Power of the Constitutional Court
In the courtroom of the Constitutional Court, there shall be the coat of arms of the State of the Republic of Lithuania, the flag of the State, and a special edition of the Constitution of the Republic of Lithuania.
During hearings, the justices of the Constitutional Court shall wear gowns. The description and example of the gown of a justice of the Constitutional Court shall be approved by the Constitutional Court.
Amendments to this Paragraph of the Article:
No XIII-2328, 16-07-2019, published in the Register of Legal Acts 26-07-2019, identification code 2019-12391
Article 89. The Stamp of the Constitutional Court
The Constitutional Court shall be a legal person and shall have a stamp with an image of the coat of arms of the State of the Republic of Lithuania and the title “The Constitutional Court of the Republic of Lithuania”.
Article 90. The Seat of the Constitutional Court
The permanent seat of the Constitutional Court shall be the city of Vilnius.
The hearings of the Constitutional Court shall be held at its permanent seat.
ACTING PRESIDENT OF THE REPUBLIC OF LITHUANIA
ALGIRDAS BRAZAUSKAS
Vilnius, 3 February 1993
More Stories
Constitution of The Republic of Lithuania-1992