CHAPTER I. THE STATUS OF THE CONSTITUTIONAL COURT
Article 1. The Constitutional Court—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 the constitutional legality by deciding, according to the established procedure, whether the laws and other acts adopted by the Seimas are not in conflict with the Constitution and whether acts of the President of the Republic and the Government are not 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 which implements its judicial power according to the procedure established by the Constitution of the Republic of Lithuania and this Law.
Article 2. Laws on the Constitutional Court
The Constitution of the Republic of Lithuania and this Law shall establish the 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 justices, the structure of the Court apparatus, clerical work, and other issues shall be regulated by the Rules of the Constitutional Court, as approved by the Constitutional Court.
Article 4. The Composition and Procedure of Formation of the Constitutional Court
The Constitutional Court shall consist of 9 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 an equal number of justices to the Constitutional Court, also in cases when the composition of the Court is being renewed, from the candidates presented by the President of the Republic, the Speaker of the Seimas, and the President of the Supreme Court. The expiration of the justices’ term of office shall be the 3rd Thursday of March of the corresponding year. The state officials who present candidatures of the Constitutional Court justices in accordance with the Constitution of the Republic of Lithuania must not later than 3 months prior to the expiration of justices’ ordinary term of office present new candidatures of justices to the Seimas. 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 case the new justice was not appointed on the fixed time, the justice whose term of office has expired shall act for him until the new justice is appointed and takes an oath.
If the powers of a justice of the Constitutional Court cease ahead of time, a new justice shall be appointed into the vacant position for the remaining term of office in accordance with the general procedure. In case this justice has held office up to the period of 6 years, then he may hold another term of office of the justice of the Constitutional Court upon the expiration of a three-year interval.
The Seimas shall appoint the President of the Constitutional Court from among its justices upon the 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. The Candidates for Justices of the Constitutional Court
A citizen of the Republic of Lithuania who has an impeccable reputation, who has higher education in law, and who has not less than a 10-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 to justices of the Constitutional Court shall be announced through the press prior to the consideration thereof in the Seimas.
The Seimas Committee on Legal Affairs shall, at a closed sitting, consider the candidatures for justices of the Constitutional Court and President thereof submitted to the Seimas, and shall then present its opinion 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). The Guarantees for the Activities of the Constitutional Court
The Constitutional Court’s freedom and its independence from other institutions shall be ensured by the financial, material-technical as well as organisational guarantees as secured by law.
The Constitutional Court shall be financed from the State Budget by ensuring the possibility to the Constitutional Court to independently and properly perform the functions of constitutional supervision. The estimate of expenditure shall be approved by the Constitutional Court which shall also independently dispose of the funds that are allocated to it.
The buildings and other assets which are used by the Constitutional Court shall be state-owned property transferred to the Constitutional Court on trust into possession, use and disposal of. These assets may not be taken over or transferred to other subjects without the consent of the Constitutional Court.
The Constitutional Court shall also freely and independently implement the informational and organisational procurement for its activities.
The restriction of the legal, organisational, financial, informational, material-technical, and other conditions for the activities of Constitutional Court as provided by this Law 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 JUSTICES OF THE CONSTITUTIONAL COURT
Article 6. The Requirements for the Justice of the Constitutional Court
A justice 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. Also he may not receive any remuneration other than the remuneration established for the justice and payment for educational or creative activities.
Justices of the Constitutional Court may not participate in the activities of political parties and political organisations as well as in other political activity.
Amendments to this paragraph of this Article:
No. XII-1703, 14-05-2015, published in the Register of Legal Acts, 25-05-2015, identification code 2015-08037
A justice of the Constitutional Court may not act as counsel for the defence or as a representative of any other enterprise, establishment, organisation or person.
Article 7. The Oath of the Justice of the Constitutional Court
Before taking office, a person appointed as a justice of the Constitutional Court shall take an oath in a sitting of the Seimas. The person taking oath shall have the right to choose one from the texts of the oath, which are established in Paragraph 2 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 discharge the duties of the 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 God.”
2) “I, (name, surname),
swear to be faithful to the Republic of Lithuania;
swear to honestly and conscientiously discharge the duties of the 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 keeping with the rules established in the procedure of administration of the oath of members of the Seimas.
The justice of the Constitutional Court who either does not take the oath in the manner prescribed by law, or who takes a conditional oath, shall lose the powers of the justice. The Seimas shall adopt a corresponding resolution thereon.
Amendments to the Article:
No. IX-1797, 28.10.2003, Valstybės žinios (Official Gazette), 2003, No. 108-4815 (19.11.2003)
Article 8. The Immunity of the 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, arrested, or have his freedom otherwise restricted without the consent of the Seimas, save the cases when he is found in the act of committing a crime (in flagranti). Questions of consent to hold a justice of the Constitutional Court criminally liable shall be considered only upon the presentation by the Prosecutor General.
The justice of the Constitutional Court who is detained or delivered to a law enforcement institution without personal documents must immediately be released upon establishing his identity.
Entry into the residential or office premises of a justice of the Constitutional Court, the inspection or search of, or making a seizure in such premises or the inspection or search of, or making a seizure in personal or service automobiles or other personal means of transport, the bodily inspection or search of a justice, and the inspection or seizure of his items or documents shall be prohibited unless a criminal case has been instituted against the justice of the Constitutional Court according to the established procedure.
A justice of the Constitutional Court may not be persecuted for his speeches or voting at the Constitutional Court.
The powers and rights of the Constitutional Court and its justices may not be limited upon the declaration of war or 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)
Article 9. The Powers of the Justice of the Constitutional Court
Justices of the Constitutional Court shall have equal rights.
Justices of the Constitutional Court shall have the right to participate in the Constitutional Court’s sittings with the right of decisive vote, to familiarise themselves with all material and documents submitted to the Court sitting, to receive rulings, conclusions, and decisions of the Constitutional Court, and to exercise other rights established by this Law.
Amendments to this paragraph of this Article:
No. XII-1703, 14-05-2015, published in the Register of Legal Acts, 25-05-2015, identification code 2015-08037
A justice of the Constitutional Court shall propose issues for consideration at a sitting of the Constitutional Court and shall prepare questions assigned to him.
A justice of the Constitutional Court shall have the right to request that all state institutions and their officials, municipal institutions and their officials, state and other enterprises, establishments, organisations, and citizens’ associations submit any documents and information related with the issue which is being prepared for the Court’s hearing, as well as to receive the officials’ explanations on all issues under examination. The justice shall also have the right to summon and ask questions of witnesses and expert witnesses, to make use of consultations of specialists, to commission persons to carry out check-ups, and to send inquiries.
A justice of the Constitutional Court shall not have any right to publicly express his opinion concerning the substance of an issue which is either under consideration or has been adopted 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 the Justice of the Constitutional Court
The powers of a justice of the Constitutional Court may be suspended on the decision of the Constitutional Court upon:
1) consent granted according to the procedure established by this Law to hold the justice of the Constitutional Court criminally liable;
2) a resolution of the Seimas to initiate impeachment proceedings in the Seimas against the justice of the Constitutional Court after the conclusion of the special investigation commission;
3) the recognition by an effective court decision that the justice is missing.
Upon the suspension of his powers, the justice shall lose the rights established by Articles 9 and 15 of this Law.
When the grounds for the suspension of the powers of a justice of the Constitutional Court cease to exist, the Constitutional Court shall, within three days, adopt a decision concerning the restoration of the justice’s powers. 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 thereof by application.
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 the Justice of the Constitutional Court
The powers of a justice of the Constitutional Court shall cease:
1) upon the expiration 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. if in the course of one year the justice is ill for more than 4 months, or if he falls ill with a fatal or another lingering disease which precludes him from discharging the duties of a justice;
5) when the Seimas removes him from office in accordance with the procedure for impeachment proceedings.
In the case prescribed by Item 3 of this Article, the decision concerning the termination of the powers of Constitutional Court justices shall be adopted by the Seimas upon the submission by the Speaker of the Seimas.
In the case prescribed by Item 4 of this Article, the Seimas shall decide the issue concerning the termination of the powers of the justice only when there is a corresponding decision of the Constitutional Court and a conclusion of the medical commission formed by the Minister of Health.
Article 12. The Pecuniary Sanctions
Disciplinary actions may not be brought against any justice of the Constitutional Court. For failure to carry out the duties established in this Law or for non-attendance of the Court’s sittings without good reason, a pecuniary penalty entailing the reduction of the justice’s previous month salary by as much as 50 percent may be imposed on the justice upon a 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 sittings of the Constitutional Court;
4) propose issues to be considered by the Constitutional Court;
5) distribute work to justices of the Constitutional Court;
6) submit the structure of the Constitutional Court’s apparatus to the Constitutional Court for approval, approve the descriptions and lists of offices of the public servants of the Constitutional Court’s apparatus;
7) issue orders and ordinances;
8) exercise other powers prescribed by this Law.
In resolving issues related to the work of the apparatus as well as other internal questions, the President shall issue orders; the President shall realise the procedural rights granted to him by issuing ordinances.
The President of the Constitutional Court shall manage the funds allocated to the Constitutional Court.
Amendments to the Article:
No. IX-1797, 28.10.2003, Valstybės žinios (Official Gazette), 2003, No. 108-4815 (19.11.2003)
Article 14. Acting for the President of the Constitutional Court
If the powers of the Constitutional Court’s justice-its President-are discontinued 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 discharge his duties, the office of President of the Constitutional Court shall be temporarily held by a justice of the Constitutional Court 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 fulfil these duties, the office of 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 3 years may temporarily hold the office of 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 Justices of the Constitutional Court to Participate in Sittings of State Institutions
The President and justices of the Constitutional Court shall have the right to participate in sittings of the Seimas of the Republic of Lithuania and of its committees and commissions, as well as in sittings of the Government, the General Meeting of Judges, the 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. The Social and Living Provision for Justices of the Constitutional Court
The salaries of the President of the Constitutional Court and justices thereof shall be established by the Republic of Lithuania Law on Salaries of Judges.
Upon leaving office because of the expiration of the term of appointment or resignation due to pensionary age or health, a justice of the Constitutional Court shall be paid gratuity on discharge equalling 6 monthly salaries. Upon the death of a justice of the Constitutional Court, the benefit of the said amount shall be paid to his or her family. When the powers of a justice of the Constitutional Court cease on other grounds, he shall be paid a gratuity equalling 2 monthly salaries. A justice who is dismissed from office according to the procedure for impeachment proceedings shall not be paid any gratuity upon discharge
The social insurance guarantees and pensionary provision for Constitutional Court justices shall be regulated through laws of the Republic of Lithuania.
A justice of the Constitutional Court who does not have any living quarters in Vilnius is entitled to compensation of the rent money for the dwelling place under procedure established by the Government.
Upon the expiration of his term of office, with the exception of the cases when a justice of the Constitutional Court is dismissed from office according to the procedure for impeachment proceedings, the justice must be assigned a job or office in a state institution, or, when this is not possible, another analogous job 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. IX-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 16(1). Vacation of Justices of the Constitutional Court
Justices of the Constitutional Court shall be granted an annual 28-calendar day vacation. The annual vacation of the justices with more than a five-year length of service as a judge is prolonged by adding one calendar day for each consecutive year of their work as a judge, however, the overall length of the annual vacation may not exceed 56 calendar days.
In addition to the vacation established in this Law, justices of the Constitutional Court are entitled to the targeted and unpaid leave as established in the Labour Code.
The length of service of a justice of the Constitutional Court shall include also the length of service as a judge in other courts, as a prosecutor, a deputy prosecutor, an investigator of the prosecutor’s office, official (investigator) of pre-trial investigation, a state arbiter, as well as the length of service in the state service, also, the length of service of the persons who work in a branch of science and education as a lawyer.
Supplements to the Law:
No. X-1806, 11.11.2008, Valstybės žinios (Official Gazette), 2008, No. 134-5179 (22.11.2008)
CHAPTER III. THE BASIC RULES OF THE LEGAL PROCEEDINGS AT THE CONSTITUTIONAL COURT
SECTION 1. THE GENERAL RULES
Article 17. The Lawfulness and Independence of the Constitutional Court’s Activities
While discharging their duties, the Constitutional Court and its justices 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 activities of a justice or the Constitutional Court by institutions of state power and administration, members of the Seimas and other officials, political parties, political and public organisations, or citizens shall be prohibited and shall incur liability provided for by law.
The President or a justice of the Constitutional Court must immediately inform the Seimas of attempts to influence the Constitutional Court or any of its justices, and must publicise this through public mass media.
Rallies, pickets, and other actions staged within 75 metres of the Constitutional Court building or in the Court itself, providing they are aimed at influencing a justice or the Court, shall be interference with the activities of the justice or the Court.
Amendments to the Article:
No. I-318, 02.12.1993, Valstybės žinios (Official Gazette), 1993, No. 68-1277 (10.12.1993)
No. IX-1797, 28.10.2003, Valstybės žinios (Official Gazette), 2003, No. 108-4815 (19.11.2003)
Article 18. The Publicity of the Constitutional Court’s Activities
The information about judicial hearings of the Constitutional Court shall be announced on the premises of the Constitutional Court as well as on the Internet website of the Constitutional Court and submitted to public mass media.
The Constitutional Court’s hearings shall be open, and may be attended by persons who are of full legal age as well as by representatives of the press and other public 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, and making video recordings or television or radio broadcasts of the hearings shall be permitted only upon the consent of the Constitutional Court.
The Constitutional Court may announce closed hearings provided that this is necessary for the safeguarding of a state, professional, commercial or another secret which is protected by law, or the security of citizens or public morals.
If there are grounds to believe that during a hearing a threat may arise to the Court or the participants thereof, the President of the Constitutional Court may commission the police or other state security employees to inspect the documents and belongings of persons entering the courtroom or to carry out bodily searches.
The Constitutional Court may remove persons interfering with the normal work of the Court from the courtroom.
The deliberation and voting of the justices of the Constitutional Court shall not be public, with the exception of cases provided for by this Law.
The ruling of the Constitutional Court shall always be 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 Activities of the Constitutional Court
The Constitutional Court collectively investigates cases and issues rulings, adopts decisions or conclusions provided that not less than 2/3 of all the justices of the Constitutional Court are participating.
In the situations where the Rules of the Constitutional Court are approved or amended, or other internal issues are resolved, sittings of the Constitutional Court shall be legitimate provided that at least half of all the justices of the Constitutional Court participate therein.
Rulings and conclusions of the Constitutional Court and its decisions on the interpretation or review of a specific ruling, conclusion or decision of the Constitutional Court shall be adopted by a majority vote of all justices of the Constitutional Court.
Acts of the Constitutional Court, with the exception of those specified in paragraph three of this Article (hereinafter—other acts of the Constitutional Court), shall be adopted by a majority vote of the justices participating in the sitting.
Justices of the Constitutional Court shall not have the right to refuse to vote or to 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
At the Constitutional Court, the legal proceedings shall be held and decisions shall be adopted and pronounced in the Lithuanian language. Documents written in other languages shall be submitted and publicised in their Lithuanian translation, after having been approved by a notary.
People participating in a hearing who do not have sufficient knowledge of the Lithuanian language shall be guaranteed the right to make use of services of an interpreter.
Article 21. The Types of Sittings of the Constitutional Court
The Constitutional Court shall 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. In cases as provided for by this law, judicial hearings may be held in a free form as well.
In judicial hearings, concrete cases shall be considered. Such hearings shall be held according to 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. Rulings and Decisions of the Constitutional Court
The Constitutional Court shall decide cases in substance by issuing rulings. The Constitutional Court shall pronounce rulings in the name of the Republic of Lithuania.
In cases provided by this Law, some final acts of the Constitutional Court shall be called conclusions.
The Constitutional Court shall adopt decisions on individual questions which prevent a case from being decided in substance.
The Constitutional Court shall make rulings, adopt conclusions and decisions in the deliberation room.
Upon consultation and without leaving to the deliberation room, the Constitutional Court may adopt a decision concerning simple issues as well as the imposition of penalties during a hearing. When such a decision is adopted, the Chairperson of the hearing shall immediately pronounce it and it shall be entered on 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 of material investigation, and other issues shall be considered and settled 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 the sittings.
If necessary, scientists, specialists, and other persons shall be invited to organisational sittings.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749 (31.07.1996)
Article 24. The Preliminary Investigation into the Material
The issues presented to the Constitutional Court for consideration shall be subject to a preliminary investigation. The President of the Constitutional Court shall charge one or several justices to perform this upon setting the term for this work.
The President of the Constitutional Court shall evenly distribute the preparatory work to justices.
A justice, upon beginning an investigation into the material which is given to him, shall:
1) ascertain that the grounds established in Articles 69 and 80 of this Law for refusal to examine the petition or inquiry are not present;
2) ascertain that the grounds established in Articles 70 and 81 of this Law for the return of the petition or inquiry to the petitioner are not present;
3) establish which issues must be clarified before the case is prepared for the hearing.
Article 25. The Report of the Results of the Preliminary Investigation
Upon the carrying out of the preliminary investigation and necessary preparatory actions, a justice shall draw up a note with proposals and shall report it to:
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 according to the procedure established in Article 27 of this Law if the petition or inquiry is within the jurisdiction of the Constitutional Court and is in compliance with 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 material conforms to the conditions specified in Articles 70 and 81 of this Law;
3) the procedural sitting of the Constitutional Court and propose that a decision be adopted to refuse to examine the petition or inquiry if the material conforms to the conditions specified in Articles 69 and 80 of this Law.
In settling the issues provided in Items 1 and 2 of the first paragraph of this Article, the President of the Constitutional Court shall adopt ordinances. If, due to the aforementioned issues, disagreements arise between a justice and the President of the Constitutional Court, such issues shall be referred to the procedural sitting of the Constitutional Court for the consideration and decision.
Article 26. The Suspension of the Validity of 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, 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 that material must be carried out within 3 days and the issue of whether to accept the petition for consideration at the Constitutional Court must be settled during its organisational sitting.
Amendments to this paragraph of this 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 about that on the Internet website of the Constitutional Court and shall send the announcement to the Manager of the Register of Legal Acts. In this announcement the President of the Constitutional Court states the exact title of the impugned act, the date of its adoption, and that, in accordance with Article 106 of the Constitution of the Republic of Lithuania, the validity of the aforementioned act is suspended as 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. The announcement of the President of the Constitutional Court received by the Manager of the Register of Legal Acts shall immediately be published in the Register of Legal Acts.
In cases when the Constitutional Court, having considered a case, issues a ruling that the impugned act is not in conflict with the Constitution, the President of the Constitutional Court shall immediately make an official announcement about it under 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 concerning this issue, the date of its adoption, and that the validity of the suspended act shall be 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 Hearings of the Constitutional Court
A case shall be prepared for a hearing of the Constitutional Court by a justice of the Constitutional Court appointed by the President. Normally, this justice shall be the one who has carried out the preliminary investigation into the appropriate material.
The justice shall perform the following actions:
1) in necessary cases, he asks questions of the petitioner or the petitioner’s representative about the substance of the demands, hears his arguments, and proposes, if necessary, that additional evidence be presented;
2) in necessary cases, he asks questions of the party concerned or his representative about the circumstances of the case, ascertains his counter-arguments and the available evidence, and, if necessary, proposes that explanations concerning the case be presented in writing;
3) he asks questions of witnesses and decides whether or not to summon them to the Court;
4) he requests and obtains documentary and material evidence and other necessary material from state institutions, other organisations and persons;
5) he commissions an expert examination, and summons and asks questions of specialists who are impartial to the results of the case;
6) he asks the parties to the case for an opinion regarding the consideration of the case under written procedure;
7) he carries out other actions which are necessary for the preparation of the case for the judicial consideration.
The case material—copies of the petition to verify the compliance of a legal act with the Constitution or laws, copies of legal acts under examination, copies of the other received documents—must be sent to the parties to the case within 3 days of the beginning of the preparation of the case for the judicial hearing.
The justice, having carried out preparatory acts and considering the case to be adequately prepared, shall propose, during a procedural sitting of the Constitutional Court, to adopt a decision to assign the case for consideration in a Court hearing.
Amendments to the Article:
No. XI-1783, 06.12.2011, Valstybės žinios (Official Gazette), 2011, No. 154-7262
Article 28. The Procedural Sittings of the Constitutional Court
The following issues shall be considered at procedural sittings of the Constitutional Court: the issues concerning the acceptance of petitions provided for in Article 26 of this Law; all cases of the refusal to consider a petition or inquiry; issues concerning the preparation of cases for consideration; and other issues of preparation for a judicial hearing.
Having heard the report of the justice and having discussed the issue of the preparation of the case for the judicial hearing, the Constitutional Court shall adopt one of the following decisions:
1) to assign the case for consideration in the Court’s hearing and appoint the justice-rapporteur;
2) to return 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;
Note by the Register of Legal Acts. Paragraph 2 is supplemented with a new Item 3 as from the day of the entry into force of Protocol No. 16 of the Convention for the Protection of Human Rights and Fundamental Freedoms for the Republic of Lithuania.
Paragraph 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 refuse to consider the case according to the procedure established in Articles 69 and 80 of this Law.
Note by the Register of Legal Acts. The former Item 3 is considered Item 4 as from the day of the entry into force of Protocol No. 16 of the Convention for the Protection of Human Rights and Fundamental Freedoms for the Republic of Lithuania.
Amendment to the numeration of the item of this Article:
No. XII-1775, 11-06-2015, published in the Register of Legal Acts, 16-06-2015, identification code 2015-09619
Minutes shall be taken at procedural sittings of the Constitutional Court.
Upon the invitation of the President of the Constitutional Court, scientists, specialists, and other required persons may participate in procedural sittings. With permission from the Chairperson of the sitting, said persons may speak on the issue.
Article 29. The Terms and Sequence of the Consideration of Applications in the Constitutional Court
Upon the receiving of an application—a petition or inquiry—which is within the jurisdiction of the Constitutional Court and which is presented according to the procedure established by this Law, the Constitutional Court must begin investigation within 7 days, i.e. commission a concrete justice of the Constitutional Court to start a preliminary investigation.
The consideration of the case must be finished and the final ruling issued or conclusion adopted within 4 months of the day that the petition or inquiry is received by the Constitutional Court unless otherwise established by the Constitutional Court. The Constitutional Court may not prolong the 4-month term established in this paragraph when it considers a case regarding the constitutionality of a law or another legal act that regulates the taking over of the land for the needs of society in the course of the implementation of the projects of special importance for the State.
Cases are normally considered in sequence, according to the time of the receiving of petitions or inquiries at the Constitutional Court. If needed, the Constitutional Court, having considered the character and other circumstances of the case, may decide to consider the case either earlier or later.
Priority is given to the consideration of the cases subsequent to 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 the cases subsequent to 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, whether an act of the President of the Republic or an act of the Government are in compliance with the Constitution and laws.
The cases subsequent to the inquiries of the Seimas whether the state of health of the President of the Republic allows him to continue to hold office, or whether concrete actions of members of the Seimas and state officials against whom an impeachment case has been instituted are in conflict with the Constitution, are considered under urgency procedure.
The cases subsequent to inquiries whether the election laws have not been violated in the course of the preparation and conduct of the election in a specific constituency during an election of the President of the Republic or an election of members of the Seimas shall be considered within the time 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 the Judicial Consideration of the Constitutional Court
The Constitutional Court shall investigate and decide only legal issues.
Article 31. The Parties to the Case
The following persons shall be considered parties to the case:
the petitioner—a state institution or a group of members of the Seimas that are granted by law 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 requesting a conclusion, and their representatives;
the party concerned—the state institution that has adopted the legal act whose compliance with the Constitution and laws is under investigation and its representative; the member of the Seimas or another state official, the compliance of whose actions with the Constitution must be investigated due to an impeachment case instituted against them at the Seimas, and his representative; the President of the Republic, when a conclusion is presented concerning his state of health, and his representative.
The parties to the case shall have equal procedural rights. They shall have the right to familiarise themselves with the material of the case, make extractions, duplicates, and copies from it, make disqualification motions, provide evidence, participate in the investigation into evidence, put questions to other parties to the case, as well as to witnesses and expert witnesses, make requests, give explanations, provide their own arguments and reasoning, object to requests, arguments and reasoning of other parties to the case.
Article 32. The Representation in the Constitutional Court
The parties to the case may conduct their cases in the Constitutional Court either personally or through their representatives. The participation of the party in the case does not deny its right to have its representatives in the case.
The heads of the corresponding state institutions who act according to the authorisation granted by law shall be held representatives by operation of law. They shall present documents to the Constitutional Court which confirm their office. A member or members of the Seimas who represent a group of members of the Seimas and who were specified in the petition signed by all the members of the Seimas, who apply to the Constitutional Court, if their signatures are approved by the Speaker of the Seimas or his Deputy, shall also be considered to be representatives by operation of law. The court which applied to the Constitutional Court shall be represented by the judge (or the chairperson of the panel of judges) that has passed the ruling.
Authorised representatives of the parties to the case in the Constitutional Court may (by order) be advocates, lawyers holding academic degrees in law, and persons with experience in legal work at higher state institutions. An advocate’s powers of attorney shall be approved by the warrant of an advocate. All other persons specified in this paragraph shall be issued the powers of attorney by the heads of the institutions which they represent or the representative of a group of members of the Seimas by operation of law. The head of the institution may also commission another specialist of that institution for the representation of his institution by issuing that person the powers of attorney.
In cases where, in the course of the consideration of cases on a conclusion whether concrete actions of members of the Seimas and state officials against whom an impeachment case has been instituted are in conflict with the Constitution, also on a conclusion whether the state of health of the President of the Republic allows him to continue to hold office, the whereabouts of the person concerned are unknown or, due to health reasons, the person concerned is unable to participate in the case and authorise his representative, the Constitutional Court shall adopt the decision to apply to the State-Guaranteed Legal Aid Service of Vilnius on 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
Article 33. Participants to the Proceedings
In this Law, participants to the proceedings shall be considered parties to the case, their representatives, witnesses, expert witnesses, invited specialists, and interpreters.
Article 34. Evidence
Any factual data shall be admitted as evidence on the basis of which the Constitutional Court holds that there are circumstances which justify the requests or retorts of the parties to the case or that there are no such circumstances.
These data shall be established on the basis of explanations of the parties to the case, testimony of witnesses, written evidence, exhibits and conclusions of expert witnesses.
Each party to the case must prove the circumstances on the basis of which they make their requests and retorts.
Parties to the case shall present evidence. The Court may propose that they present additional evidence.
The Court shall accept for an investigation only the evidence which confirms the circumstances that are of importance to the case.
It shall be not required to prove the circumstances which are recognised by the Constitutional Court to be publicly known.
The facts which were established by a ruling of the Constitutional Court in one 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 obligatory force in advance.
The Court shall assess evidence in accordance with the inner conviction of justices which shall be based on the detailed, comprehensive and objective investigation into the whole complex of the circumstances of the case in the Court hearing and in observance of the laws.
Article 36. The Witness
Any person who may know some circumstances related to the case may be a witness.
A person summoned to be a witness must appear before the Court or the justice and must give truthful testimony.
For failure to appear before the justice or in the Court’s hearing due to reasons which are considered to be unimportant by the Court, a penalty may be imposed on the witness; if the witness fails to appear in the hearing without a valid reason for a second time, he may be brought by force by the police.
For the refusal or avoidance of testimony, or for knowingly false testimony, the witness shall be liable in accordance with criminal laws. Witnesses shall be warned about their liability in the Constitutional Court’s hearing and shall sign on.
The expenses related to the appearance of witnesses before the justice and their participation in the Constitutional Court’s hearings shall be covered with the funds assigned to the Constitutional Court for those purposes.
Article 37. The Expert Witness
A person having the required knowledge for the presentation of a relevant conclusion may be appointed as an expert witness. If necessary, several expert witnesses may be appointed.
The justice who prepares the case for consideration shall have the right to ask questions on which a conclusion by an expert witness must be presented, whilst each party to the case shall have such a right during the hearing. These questions shall be finally determined by the Court.
Upon the summons of the Court or a justice, a person appointed as an expert witnesses must be in attendance and present an objective conclusion on the questions posed.
The expert witness shall have the right to get familiar with the case material, to participate in the case investigation, to put questions to witnesses and parties to the case, and to ask for additional material.
A penalty may be imposed on an expert witness for failure to attend upon the summons of the Court or a justice or for an unjustified refusal to present a conclusion.
The expert witness shall be liable in accordance with criminal laws for presenting a conclusion which is knowingly false. The expert witness shall be warned of this and shall sign on.
The expert witness shall be compensated for his work if the work is not obligatory to him by virtue of his office, as well as for other expenses incurred due to the participation in the hearing of the Constitutional Court, with the funds assigned to the Constitutional Court for these purposes.
Article 38. The Conclusion of an Expert Witness
The conclusion of an expert witness shall be presented in writing and shall be set forth in the expert examination act which states the conducted investigations, the conclusions made on their basis, and the reasoned answers to the questions posed by the Court.
If there are several expert witnesses, they shall deliberate among themselves before providing a conclusion. If the expert witnesses reach the common conclusion, it shall be signed by all of the expert witnesses. The expert witnesses who do not agree with the other expert witnesses shall draw up their own conclusion.
The conclusion of an expert witness shall have no obligatory force in advance.
Article 39. The Compensation for the Expenses Incurred by the Parties to the Case
The expenses of the parties to the case related to the attendance and participation in the legal proceedings of the Constitutional Court shall be compensated by the institutions which they represent.
Article 40. The Right of the Constitutional Court to Impose Penalties
The Constitutional Court shall have the right to impose penalties when:
1) officials and persons, at the set time and without valid reasons, fail to fulfil the requirements of the Constitutional Court or its justice that documents or material be presented, that documents or the texts of acts be confirmed, or investigations be carried out;
2) without valid reasons, a witness, a specialist, or an expert witness fails to attend, refuses to attend, or does not inform of their failure to appear before the Constitutional Court or a justice;
Amendments to this item of this Article:
No. XII-1703, 14-05-2015, published in the Register of Legal Acts, 25-05-2015, identification code 2015-08037
3) an expert witness, without valid reasons, refuses to present a conclusion;
4) a person participating in the proceedings, after being reprimanded once, speaks out of turn or insults the participants of the Court’s hearing again;
5) a person who is in the courtroom violates order or does not listen to the demands of the Chairperson of the hearing for keeping order.
The Constitutional Court shall have the right to impose a penalty on citizens and the representatives of the parties to the case equalling up to one latest notified average monthly wage (hereinafter referred to as AMW), and on officials—up to four AMW’s for each case of violation.
When the violations stated in the first paragraph of this Article are committed during a hearing, the decision of the Constitutional Court concerning the imposition of a penalty shall be adopted immediately during the hearing. In other cases, the decision concerning the imposition of a penalty shall be adopted after the investigation. In all cases, the decision of the Constitutional Court concerning the imposition of a penalty shall be entered on the minutes of the hearing where the name, surname, working place and address of the violator shall be stated.
The decision of the Constitutional Court concerning the imposition of a penalty (extract from the 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 Joining of Petitions
Until the beginning of the judicial consideration, a petition received at the Constitutional Court may be separated into separate cases, provided the petitioner is requesting 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 prior to the beginning of the judicial consideration. In these cases the Constitutional Court shall adopt reasoned decisions.
Amendments to the Article:
No. XI-1783, 06.12.2011, Valstybės žinios (Official Gazette), 2011, No. 154-7262
Article 42. The Summonses of the Constitutional Court
The parties to the case and their representatives shall be informed by 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, expert witnesses and interpreters shall be summoned to the Court by summonses of the Court as well. The consequences for failure to appear before the Court shall be stated in the summons.
Summonses shall be delivered through messengers or by mail. The time when the addressee is presented with the summons shall be stated in the delivered summons and in the part of the summons returned to the Court which shall contain the signature confirming the delivery of the summons.
The summons to appear in the Court’s hearing for the parties to the case must be delivered not later than 7 days before the beginning of the hearing.
Article 43. The Announcements About Hearings
The announcements about a hearing must be presented to justices of the Constitutional Court not later than 7 days before the beginning of the hearing. Duplicates of the material of the case under consideration shall be delivered to the justices upon the commencement of the preliminary investigation into the material.
SECTION 2. THE JUDICIAL CONSIDERATION
Article 44. The Judicial Hearing
A case shall be investigated in a hearing of the Constitutional Court only once the parties to the case have been notified of this.
The absence of the parties to the case in a hearing of the Court shall not be an obstacle for the consideration of the case, for the issuing of a ruling or adopting of a conclusion, as well as for the adopting of other decisions.
While considering a case under oral procedure, the Constitutional Court must directly investigate evidence: it must listen to the explanations of the parties to the case, the explanations of specialists, the testimony of witnesses, and the conclusions of expert witnesses, familiarise itself with the written evidence and inspect other evidence, whereas, while considering a case under written procedure, it must investigate the written explanations of the parties to the case, the explanations of specialists, the conclusions of expert witnesses, and other written evidence.
Only the parties to the case, their representatives, witnesses, expert witnesses, and invited specialists or officials may speak at the Court on the issue.
In cases when no party or their representatives who have been summoned come to the Court’s hearing, the judicial hearing shall be held in a free form.
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
Article 45. The Chairperson of a Judicial Hearing
A judicial hearing shall be presided over by the President of the Constitutional Court; in his absence, a hearing shall be presided over by the justice who is temporarily acting for President of the Constitutional Court, and if they are also absent—by a justice selected by the Constitutional Court other than the justice-rapporteur.
The Chairperson of the hearing shall conduct the hearing and take measures to fully and impartially investigate the circumstances of the case; shall exclude everything which is irrelevant to the case from the proceedings; shall interrupt the participants to the proceedings if they speak about matters which are irrelevant to the case under consideration or which are not within the jurisdiction of the Constitutional Court; and shall deprive speakers of speech when they start speaking in an arbitrary manner, when they do not fulfil the requirements of the Chairperson of the hearing, when they speak in a rude or insulting manner, or when they show disrespect for the Constitution or constitutional order of the State.
The Chairperson of the hearing shall have the right to require that anyone who violates order or disobeys his demands leave the courtroom. A party to the case who ignores a reprimand of the Chairperson of the hearing may be removed from the courtroom by Court decision.
The Chairperson of the hearing shall warn the persons present in the courtroom that if their conduct interferes with the hearing, upon repeated violation of order, they may be removed from the courtroom.
The Chairperson of the hearing shall announce a recess when it is necessary to take a rest, when parties to the case must get ready for the final speech, at the end of working hours, when normal work is obstructed, and in other cases.
Article 46. The Procedure of a Judicial Hearing
The persons present in the courtroom must keep order and respect the Court, and must, without objection, obey the demands of the Chairperson of the hearing for keeping order.
Minors, if they are not witnesses, shall not be admitted into the courtroom.
When the justices enter or leave the courtroom, and when the ruling or conclusion of the Constitutional Court is being pronounced, the persons 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 hearings of the Constitutional Court, order shall be kept by the Court clerk. Demands of the clerk for keeping order or for carrying out the instructions of the Chairperson of the hearing shall be obligatory to all participants to the proceedings.
If, during the Court’s hearing, the persons participating in it violate order, disobey demands of the Chairperson of the hearing or the Court clerk for keeping order, or violate other rules adopted by the Constitutional Court, they may be removed from the courtroom and be held liable under law.
Article 47. The Preparatory Stage of a Judicial Hearing
At the set time, the Chairperson of the hearing shall announce the commencement of the hearing of the Constitutional Court as well as which case shall be considered.
At the Constitutional Court’s hearing, the court reporter shall announce which of the summoned persons are present as well as the reasons for which the other persons have failed to appear.
The Court shall identify the persons who are present, and shall verify the powers of attorney of the officials and representatives. If anyone from the parties to the case fails to appear or if a representative does not have due power, the Constitutional Court shall decide whether or not it is possible to begin the consideration of the case.
The Chairperson of the hearing shall explain the parties to the case and expert witnesses about their rights and duties, and explain other summoned persons about their duties and liability.
Requests of the parties to 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 parties to the case and if inquiries of a personal nature are considered;
2) he has publicly declared how the case under consideration should be decided at the Court;
3) there are other circumstances which could raise reasonable doubts as for the impartiality of the justice.
If the circumstances specified in the first paragraph of this Article are present, the justice must announce them in writing prior to the commencement of the consideration, and must ask the Constitutional Court to decide the issue of his disqualification. On the same grounds and according to the same procedure, the parties to the case may also make a justified disqualification motion.
If a disqualification motion has been made, the Constitutional Court must hear the opinions of the parties to the case. The Court shall decide issues of self-disqualification or disqualification in the deliberation room.
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 an 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
Note by the Register of Legal Acts. Paragraph 1 is supplemented with a new Item 3 as from the day of the entry into force of Protocol No. 16 of the Convention for the Protection of Human Rights and Fundamental Freedoms for the Republic of Lithuania.
Paragraph 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) other important reasons come to light.
Note by the Register of Legal Acts. The former Item 3 is considered Item 4 as from the day of the entry into force of Protocol No. 16 of the Convention for the Protection of Human Rights and Fundamental Freedoms for the Republic of Lithuania.
Amendment to the numeration of the item of this Article:
No. XII-1775, 11-06-2015, published in the Register of Legal Acts, 16-06-2015, identification code 2015-09619
In adjourning the consideration of a case, the Constitutional Court may set another date for the hearing and announce that the persons present sign for this.
In adjourning the consideration of a case commenced, the Court may ask questions of the witnesses who are present and who will normally no longer be summoned.
If the consideration of a case is adjourned on the grounds established in Item 3 of the first paragraph of this Article, the adjourned consideration of the case is renewed upon the reception of an advisory opinion from the European Court of Human Rights.
Note by the Register of Legal Acts. This Article is supplemented with a new Paragraph 4 as from the day of the entry into force of Protocol No. 16 of the Convention for the Protection of Human Rights and Fundamental Freedoms for the Republic of Lithuania.
Article supplemented with this paragraph:
No. XII-1775, 11-06-2015, published in the Register of Legal Acts, 16-06-2015, identification code 2015-09619
Having renewed the consideration of a case adjourned, the Court shall decide whether to start the consideration anew or to resume the consideration from the place in the legal process where the case consideration was suspended.
Note by the Register of Legal Acts. The former Paragraph 4 is considered Paragraph 5 as from the day of the entry into force of Protocol No. 16 of the Convention for the Protection of Human Rights and Fundamental Freedoms for the Republic of Lithuania.
Amendments to the paragraph of this Article:
No. XII-1775, 11-06-2015, published in the Register of Legal Acts, 16-06-2015, identification code 2015-09619
Article 50. The Investigation into Evidence
The consideration of a case in substance shall begin with a speech by the justice-rapporteur, in which the substance of the case, the cause and grounds of its consideration, and the contents and other necessary data shall be set forth. The Constitutional Court’s justices may put questions to the justice-rapporteur.
After this, the explanations of the parties to the case shall be heard, beginning with that of the petitioner. These persons shall have the right to ask each other questions and to voice their opinion on each other’s statement or request. The Constitutional Court’s justices may also put questions to them. The Chairperson of the hearing shall read aloud the written explanations of the parties to the case who did not appear in the Court’s hearing.
Before he asks questions of the witnesses, the Chairperson of the hearing shall establish their identity and shall warn them of their liability upon signing for refusal or avoidance of giving testimony as well as for testimony which they know is false.
Questions may be asked of a witness after he has given testimony. The written testimony of witnesses shall be read aloud at the Court’s hearing.
Written evidence or the records of their examination shall be read aloud at the Court’s hearing and shall be given to the parties to the case so that they can familiarise themselves with them, and who thereafter shall be able to give their explanations.
The exhibits shall be examined by the Court; they shall also be shown to the parties to the case, and, as necessary, to the expert witnesses and witnesses. The parties to the case may give explanations relative to the exhibits.
The expert examination act shall be read aloud at the Court’s hearing. The expert witness may be asked questions. As necessary, the Court may set an additional or repeated expert examination.
The specialists who have been summoned to the hearing shall present their explanations as regards the questions that were raised to them and set forth their arguments. Questions may be asked of the specialists.
After all of the evidence has been examined, the Chairperson of the hearing shall ask the parties to the case if they want to supplement the case material. The Court shall settle requests by adopting decisions concerning them. When the requests have been settled or when there are no requests, the Chairperson of the hearing shall announce the completion of the investigation into evidence.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749 (31.07.1996)
Article 51. The Court Pleadings
The court pleadings shall consist of the speeches of the parties to the case.
During the court pleadings, the petitioner and his representative shall speak first, followed by the party concerned and his representative.
After that, the parties to the case may speak for a second time concerning the previous pleadings. The right to the final statement shall always belong to the party concerned and his representative.
If the Constitutional Court acknowledges, in the course of the court pleadings, that new circumstances which are important to the case must be elucidated or new evidence must be investigated, it shall adopt a decision for the renewal of the investigation into evidence. Upon completing the investigation into the evidence, the Court shall hear the court pleadings again according to the general procedure.
Article 52. Recording Court Hearings
If a case is considered under oral procedure, an audio recording of the hearing at the Constitutional Court shall be made. The audio recording of a hearing of the Constitutional Court shall be considered the minutes of the hearing of the Constitutional Court and shall be a constituent part of the case. By a decision of the Constitutional Court, the minutes of a hearing of the Constitutional Court may also be taken in writing. The minutes shall be taken by the court reporter.
The minutes of a hearing of the Constitutional Court shall specify:
1) the place and the date of the hearing and as well as the time of its commencement and conclusion;
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 relative to the parties to the case;
6) the witnesses and expert witnesses participating in the case;
7) other officials present at the hearing;
8) the consecutive order and the results of the actions of the Constitutional Court;
9) the decisions of the Constitutional Court;
10) the explanations and speeches of the parties to the case;
11) entries about warnings issued to witnesses and expert witnesses concerning their liability;
12) the testimony of witnesses and expert witnesses;
13) the questions put to the parties to the case, witnesses and expert witnesses as well as their responses;
14) the data concerning the examination of documents and other evidence;
15) the contents of pleadings;
16) the facts that the parties to the case request to be entered on the minutes;
17) the violations of procedure and facts concerning contempt for the Constitutional Court, as well as reprimands, penalties and other procedural measures;
18) that the ruling or other decision has been read aloud.
The course and speeches of a hearing of the Constitutional Court must be reflected in the minutes as accurately and comprehensibly as possible. The testimony of witnesses and the conclusions of expert witnesses, or the explanations of other participants to the proceedings shall be attached to the case file. The witness who has been questioned orally may also present his testimony in writing. It shall be attached to the case file.
The minutes of a hearing of the Constitutional Court must be completed within 2 working days of the completion or adjournment of the hearing. The minutes shall be signed by the President of the Constitutional Court and by 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 Constitutional Court’s justices who have participated in the court pleadings shall retire to the deliberation room to make a ruling. The Chairperson of the hearing shall announce this to the persons present in the courtroom.
During the deliberation and the making of a ruling or adopting of a conclusion, only the Constitutional Court’s justices may be present in the deliberation room. The Chairperson of the sitting shall chair the deliberation of the justices, guaranteeing them the opportunity to express their opinion freely and without hindrance; in seeking a thorough and exhaustive deliberation, he shall organise voting as well as the recording and drawing up of a decision. Upon the conclusion of the deliberation, the Constitutional Court may invite a servant of the Court to the deliberation room so that he would record the ruling or conclusion of the Constitutional Court that is dictated to him.
Neither the Constitutional Court’s justices nor the servant who participated in the hearing shall have the right to disclose the opinions voiced in the deliberation room or how the justices voted. The expression of a dissenting opinion shall not be considered as the disclosure of such opinions.
Amendments to the Article:
No. X-1806, 11.11.2008, Valstybės žinios (Official Gazette), 2008, No. 134-5179 (22.11.2008)
Article 53(1). The Consideration of the Case under Written Procedure
Having established that there are enough data for the consideration of a case under written procedure, a justice of the Constitutional Court who prepares the case for the judicial hearing shall propose in a procedural sitting of the Constitutional Court that a decision to assign the case for consideration under written procedure be adopted.
By a reasoned decision of the Constitutional Court a case may be considered under written procedure provided that until the adoption of this decision the parties to the case do not submit a written request for the consideration of the case in a public hearing of the Constitutional Court under oral procedure.
The parties to the case must be informed about the Constitutional Court’s decision to assign the case for consideration under written procedure through a sent duplicate of the decision not later than 7 calendar days before the beginning of the judicial hearing.
Amendments to this paragraph of this Article:
No. XII-1703, 14-05-2015, published in the Register of Legal Acts, 25-05-2015, identification code 2015-08037
During the consideration of the case under written procedure, the participants of the proceedings shall not be invited to the judicial hearing and shall not participate in it, and the hearing shall be held in a free form. The rights and duties established in this law shall be implemented by the participants of the proceedings in writing prior to the beginning of the judicial hearing.
While considering a case under written procedure, upon an assessment of the material of the case, the Constitutional Court may adopt a decision to assign the case for consideration under oral procedure.
Amendments to the Article:
No. XI-1783, 06.12.2011, Valstybės žinios (Official Gazette), 2011, No. 154-7262
Article 54. The Issues Settled upon the Issuing of a Ruling
In issuing a ruling, the Court shall weigh the evidence and state which preponderant circumstances have been established and which have not been established, which norm of the Constitution or 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 which was investigated during the Court’s hearing.
The Court shall, upon deciding in deliberation that new circumstances must be elucidated or new evidence must be investigated, adopt a decision to renew the consideration of the case and shall determine which additional procedural actions must be performed.
Article 55. The Procedure for the Issuing of a Ruling of the Constitutional Court
The ruling of the Constitutional Court concerning the case shall be made in the deliberation room. The ruling must be made within 1 month of the completion of the consideration of the case.
The made ruling shall be set forth in writing and signed by all the participating justices.
The discussion of amendments to the ruling must be put in writing prior to the signing by the justices.
A justice of the Constitutional Court, who has a different opinion about an act adopted by the Constitutional Court, shall have the right to set forth in writing his reasoned dissenting opinion within five working days of the pronouncement of the corresponding act in the courtroom. If such an opinion has been received not later than prior to the pronouncement of the act of the Constitutional Court, the Chairperson of the hearing shall state this fact in the courtroom after the act adopted by the Constitutional Court has been pronounced.
The dissenting opinion of the justice shall be published on the Internet website of the Constitutional Court and shall be attached to the case file, also, the parties participating in the case and mass media shall be informed about this fact.
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. 120-2013 (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 Contents of Rulings of the Constitutional Court
The ruling of the Constitutional Court on a case shall be drawn up as a separate document.
It shall state:
the title, date and place of the issuing of the ruling;
the composition of the Constitutional Court;
the court reporter;
the parties to the case and their representatives;
the issue under consideration and its grounds;
the articles of the Constitution and this Law which establish the right of the Constitutional Court to consider the issue;
the request set forth in the application;
the full title of the legal act whose compliance with the Constitution was examined as well as the source wherein it was published and from where it was received;
the actions or a decision of a member of the Seimas or state official the compliance of which with the Constitution was examined;
the circumstances established by the Constitutional Court;
the arguments and evidence upon which the ruling of the Constitutional Court is based, and, if necessary, the arguments refuting other opinions;
the norm of the Constitution which the Constitutional Court has followed in assessing the compliance of an act or action 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 the Constitutional Court’s Rulings in Court
Having made a ruling, the Constitutional Court shall return to the courtroom and the Chairperson of the hearing shall pronounce the Court’s ruling.
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 issued, neither the parties to the case nor other institutions and persons may raise the issue concerning the conformity of the investigated legal act with the Constitution or laws in the Court again, nor may they contest the conclusion of the Court or the facts and legal relations established by the Court.
Article 58. The Correction of Rulings, Conclusions, and Decisions of the Constitutional Court
Upon pronouncing a ruling, conclusion, or a decision, the Constitutional Court may, on its own initiative or at the request of the parties to the case, correct inaccuracies or obvious proofreading errors that are in such a ruling, conclusion, or a decision, providing they do not change the substance of the ruling, conclusion, or the decision. The Constitutional Court shall adopt a decision thereon. This decision shall be sent and published pursuant to 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 Constitutional Court’s Rulings not Subject to Appeal
Rulings of the Constitutional Court shall be final and not subject to appeal.
Article 60. The Sending of Rulings, Conclusions, and Decisions of the Constitutional Court
A ruling, conclusion, or a decision of the Constitutional Court, within 2 days of their issuance, 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 order that a ruling, conclusion, or a decision of the Constitutional Court be also 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 Rulings, Conclusions, and Decisions of the Constitutional Court
Only the Constitutional Court may officially interpret its own ruling, conclusion, or decision at the request of the persons that participated in the case, of other institutions or the persons specified in the first paragraph of Article 60 of this Law, or on its own initiative.
Regarding the interpretation of a ruling, conclusion, or decision of the Constitutional Court, a judicial hearing shall be held in a free form. The parties to the case shall be notified about the date and place of such a hearing. A decision concerning the interpretation of a ruling, conclusion, or decision of the Constitutional Court shall be adopted at the Constitutional Court’s hearing as a separate document. It shall be sent and published pursuant to the procedure established by this Law.
The Constitutional Court must interpret its ruling, conclusion, or decision without changing their contents.
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 Rulings, Conclusions, and Decisions of the Constitutional Court
The Constitutional Court may review its rulings, conclusions, and decisions on its own initiative if new, essential circumstances turn up which, if they had been known to the Constitutional Court at the time when such rulings, conclusions, and decisions were adopted, they could have determined a different content of the passed ruling, conclusion, or decision.
In such a case, the Constitutional Court shall adopt a decision and start the consideration of the case anew.
A decision of the Constitutional Court concerning the interpretation of its ruling, conclusion, or decision may also be reviewed if the ruling, conclusion, or decision was not interpreted 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. THE LEGAL PROCEEDINGS FOR THE REQUESTS REGARDING AN INVESTIGATION INTO THE COMPLIANCE OF LEGAL ACTS WITH THE CONSTITUTION
Article 63. The Constitutional Court’s Jurisdiction over the Cases Concerning the Compliance of Legal Acts with the Constitution
The Constitutional Court shall consider the cases concerning:
1) the compliance of laws and other acts of the Seimas with the Constitution of the Republic of Lithuania;
2) the compliance of acts of the President of the Republic with the Constitution and laws;
3) the compliance of acts of the Government with the Constitution and laws.
While investigating the cases specified in the first paragraph of this Article, the Constitutional Court shall investigate the compliance of the entire act as well as a part thereof with the Constitution or laws.
Article 64. The Grounds and Cause for the Consideration of the Cases Concerning the Compliance of Legal Acts with the Constitution
The grounds for the consideration of a case concerning the compliance of a legal act with the Constitution in the Constitutional Court shall be a legally justified doubt that the entire legal act or part thereof is in conflict with the Constitution according to:
1) the contents of norms;
2) the extent of regulation;
3) the form;
4) the procedure of its adoption, signing, publication, and entry into effect, which is established in the Constitution.
The cause for the consideration of a case concerning the compliance of a legal act with the Constitution shall be the procedure established by this Law and the filing of a petition of the established form with the Constitutional Court.
Article 65. The Filing of 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 concerning the compliance of a legal act with the Constitution shall be vested in:
1) the Government, a group consisting of not less than 1/5 of all members of the Seimas, and the courts for cases concerning a law or another act adopted by the Seimas;
2) a group consisting of not less than 1/5 of all members of the Seimas and the courts for cases concerning an act of the President of the Republic;
3) a group consisting of not less than 1/5 of all members of the Seimas, the courts, and the President of the Republic concerning an act of the Government.
Article 66. The Contents of a Petition for an Investigation into the Compliance of a Legal Act with the Constitution
A petition for 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) the data about the representative of the petitioner and his powers of attorney, with the exception of ex officio representation;
4) the name and address of the state institution that has adopted the impugned legal act;
5) the norms of the Constitution and this Law that establish 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 which are necessary for the identification thereof, as well as the source of its publication (if it was published);
7) the concrete grounds for the consideration of the case with the references to the norms of this Law;
8) the position of the petitioner concerning the compliance of an appropriate act with the Constitution and the legal support of such a position containing the references to laws;
9) a formulated request to the Constitutional Court;
10) the list of attached documents.
The petition shall be signed by the head of the institution that has been granted the right to apply to the Constitutional Court. The petition of the Government must be supported by a resolution of the Government that shall be attached to the submitted documents. 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, their representative (representatives); the signatures of said members of the Seimas shall be approved by the signature of the Speaker of the Seimas or a Deputy Speaker of the Seimas. In cases where a petition is filed by electronic means in an electronic format, the head of a state institution that has the right to apply to the Constitutional Court shall sign the petition by secure electronic signature, whilst a petition of a group of members of the Seimas filed by electronic means in an electronic format shall be approved by the Speaker of the Seimas or a Deputy Speaker of the Seimas by secure electronic signature.
Amendments to this paragraph of this Article:
No. XII-1703, 14-05-2015, published in the Register of Legal Acts, 25-05-2015, identification code 2015-08037
The following shall be attached to the petition:
1) a duplicate of the whole text of the impugned legal act;
2) the power of attorney or another document which confirms the powers of attorney of the representative, with the exception of cases of ex officio representation;
3) notary-approved translations into the Lithuanian language of all documents and other material which have been drawn up in a language other than Lithuanian.
The list of witnesses and expert witnesses who are proposed to be summoned to the hearing of the Constitutional Court, conclusions of specialists, as well as other documents and material may be attached to the petition. The circumstances which each witness may confirm shall be specified next to his surname.
The petition and attachments thereto specified in the third paragraph of this Article shall be submitted to the Constitutional Court along with 9 copies of the duplicate. When necessary, the President of the Constitutional Court may also demand up to 9 duplicate copies each of other attachments. In cases where petitions and attachments thereto are filed by electronic means in an electronic format, the requirement for submitting 9 duplicate copies is not applied. The procedure for filing petitions and attachments thereto by electronic means shall be established in the Rules of the Constitutional Court.
Amendments to this paragraph of this Article:
No. XII-1703, 14-05-2015, published in the Register of Legal Acts, 25-05-2015, identification code 2015-08037
Article 67. The Contents of Petitions Filed with the Constitutional Court by the Supreme Court of Lithuania, the Court of Appeal of Lithuania, and Regional and Local Courts
Provided that there are grounds to believe that the law or other legal act which should be applied in a concrete case is in conflict with the Constitution, the court (judge) shall suspend the consideration of the case and, with regard to the competence of the Constitutional Court, shall apply to it with a petition 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, and regional and local courts shall apply to the Constitutional Court by means of a ruling. The following must be specified in the ruling:
1) the time and place of the issuing of the ruling;
2) the name and address of the court which has issued the ruling;
3) the composition of the court that has issued the ruling and the parties to the case;
4) brief substance of the case and the laws by which the parties to the case substantiate their demands or rebuttals;
5) the legal arguments presenting the opinion of the court on the conflict of a law or another legal act with the Constitution;
6) a formulated petition of the court to the Constitutional Court.
The following shall be attached to the court’s ruling:
1) the suspended case;
2) a duplicate of the whole text of the impugned legal act.
9 copies of the court ruling and 9 duplicate copies of the impugned legal act shall be submitted to the Constitutional Court with the exception of the cases where a petition or a court ruling on the same subject has already been accepted by the Constitutional Court and copies of the impugned legal acts have been submitted by electronic means in an electronic format. The procedure for submitting copies of court rulings and impugned legal acts by electronic means shall be established in the Rules of the Constitutional Court.
Amendments to this paragraph of this Article:
No. XII-1703, 14-05-2015, published in the Register of Legal Acts, 25-05-2015, identification code 2015-08037
After the consideration of the case, the Constitutional Court shall return the presented suspended case to the appropriate court.
Amendments to the Article:
No. I-1475, 11.07.1996, Valstybės žinios (Official Gazette), 1996, No. 73-1749 (31.07.1996)
Article 68. The Withdrawal of Petitions Requesting an Investigation into the Compliance of a Legal Act with the Constitution
Upon the consent of the President of the Constitutional Court, the institution which has filed a petition requesting an investigation into the compliance of a legal act with the Constitution may withdraw it prior to the setting of the consideration of said case at a judicial hearing.
Article 69. The Refusal of the Constitutional Court to Consider Petitions Requesting an Investigation into the Compliance of a Legal Act with the Constitution
By its decision, the Constitutional Court shall refuse to consider petitions requesting an investigation into the compliance of a legal act with the Constitution if:
1) the petition was filed by an institution or person who does not have the right to apply to the Constitutional Court;
2) the consideration of the petition does not fall under the jurisdiction of the Constitutional Court;
3) the compliance of the legal act with the Constitution specified in the petition has already been investigated by the Constitutional Court and the ruling on this issue given by the Constitutional Court is still in force;
4) the Constitutional Court has already commenced the consideration of a case concerning the same issue;
5) the petition is grounded on non-legal reasoning.
In refusing to consider a petition requesting an investigation into the compliance of a legal act with the Constitution, the Constitutional Court shall adopt a justified decision, the duplicate of which shall be handed or sent to the petitioner.
If the grounds for the refusal to consider a petition have been established after the commencement of the consideration of the case during the hearing of the Constitutional Court, a decision to dismiss the case shall be adopted.
The annulment of the impugned legal act shall be grounds to adopt a decision to dismiss the instituted legal proceedings. If this becomes clear 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
In the case that a petition or attachments thereto fail to comply with the requirements set forth in Articles 66 and 67, the President of the Constitutional Court shall return the petition to the petitioner on his own initiative or on the initiative of the justice.
The return of a petition shall not take away the right to apply to the Constitutional Court according to the general procedure after the removal of the deficiencies thereof.
Article 71. The Types of Rulings of the Constitutional Court in Cases Concerning the Compliance of Legal Acts with the Constitution
Upon the consideration of a case concerning the compliance of a legal act with the Constitution, the Constitutional Court shall give 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, one must specify the concrete articles of the Constitution or provisions thereof or the concrete laws with which the legal act is in conflict.
In cases where a certain part of a legal act has been ruled to be in compliance with the Constitution or laws, while another part thereof has been ruled to be in conflict with the Constitution or laws, this fact shall precisely be specified in the ruling of the Constitutional Court.
Article 72. The Consequences of the Recognition of a Legal Act as Being in Conflict with the Constitution
A law (or part thereof) of the Republic of Lithuania or another act (or part thereof) of the Seimas, act of the President of the Republic, act (or part thereof) of the Government may not be applied from the day of the official publishing 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 when the Constitutional Court gives a ruling that an act of the President of the Republic or act (or part thereof) of the Government is in conflict with laws.
Rulings issued by the Constitutional Court shall be binding upon all state institutions, courts, all enterprises, establishments, and organisations as well as officials and citizens.
Amendments to this paragraph of this 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 revoke the substatutory acts or provisions thereof which they have adopted and which are based on an act which has been ruled to be unconstitutional.
The 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 prior to the entry into force of the appropriate ruling of the Constitutional Court.
The power of the Constitutional Court to rule a legal act or part thereof to be unconstitutional may not be overruled by a repeated adoption of a like legal act or part thereof.
CHAPTER V. THE CONSIDERATION OF INQUIRIES CONCERNING CONCLUSIONS
Article 73. The Conclusions Given by the Constitutional Court
The Constitutional Court shall give conclusions:
1) whether there were violations of election laws during an election of the President of the Republic or an election of 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 international treaties of the Republic of Lithuania are not in conflict with the Constitution. The conclusion concerning an international treaty may be requested prior to the ratification thereof in the Seimas;
4) whether concrete actions of members of the Seimas and state officials against whom an impeachment case has been instituted are in conflict with the Constitution.
Article 74. The Filing of an Inquiry with the Constitutional Court
The Seimas may request a conclusion of 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 election of members of the Seimas and international treaties.
Article 75. The Cause for the Preparation of a Conclusion of the Constitutional Court
The cause for the preparation of a conclusion of the Constitutional Court shall be the procedure established by this Law and the filing of an inquiry of an established form with the Constitutional Court.
Article 76. The Contents of the Inquiry
The following must be specified in the inquiry:
1) the addressee—the Constitutional Court;
2) the name and address of the inquirer;
3) the norms of the Constitution and this Law which establish the right to file an inquiry with the Constitutional Court;
4) the actions whose compliance with the Constitution are proposed to be verified and the circumstances of their execution; when the inquiry concerns an international treaty—its exact title, number, date of signing, and other necessary data as well as the source of publication (if it was published);
5) a formulated petition to the Constitutional Court;
6) the list of attached documents.
An inquiry of the Seimas may be set forth in a resolution. In other cases, a Seimas resolution on the approval of the inquiry must be attached.
Inquiries shall be signed by the Speaker of the Seimas or his Deputy, or by the President of the Republic respectively.
The following must be attached to the inquiry:
1) a duplicate of the whole text of the international treaty;
2) appropriate evidence and duplicates of the officials’ decisions;
3) notary-approved translations into the Lithuanian language of documents and other material which was drawn up in a language other than Lithuanian.
The list of witnesses and expert witnesses who are proposed to be invited to the hearing of the Constitutional Court, conclusions of specialists, a document concerning the powers of attorney of representatives and their right to speak in the Constitutional Court on the issue on behalf of the petitioner, as well as other documents and material may be attached to the inquiry. The circumstances which each witness may confirm shall be specified next to his surname.
An inquiry and required attachments thereto shall be submitted to the Constitutional Court with 9 duplicate copies. When necessary, the President of the Constitutional Court may also demand up to 9 duplicate copies of other attachments. In cases where inquiries and required attachments thereto are filed by electronic means in an electronic format, the requirement for submitting 9 duplicate copies is not applied. The procedure for filing inquiries and attachments thereto by electronic means shall be established in the Rules of the Constitutional Court.
Amendments to this paragraph of this Article:
No. XII-1703, 14-05-2015, published in the Register of Legal Acts, 25-05-2015, identification code 2015-08037
Article 77. The Inquiry Concerning a Violation of Election Laws
The institutions specified in Article 74 of this Law may apply to the Constitutional Court with inquiries concerning possible violations of the respective election laws in the course of the preparation and conduct of the election in a specific constituency during an election of the President of the Republic or an election of the Seimas within 3 days of the official publication of the final election results in that constituency or a decision of the Central Electoral Commission on the emergence or filling of the vacant seat of a member of the Seimas.
The Constitutional Court shall examine and assess only the decisions made by the Central Electoral Commission or the refusal thereof to examine complaints concerning the violation of laws on elections in cases when such decisions were adopted or other deeds were carried out by the said commission after the termination of the voting in an election of members of the Seimas or the President of the Republic.
The consideration of the inquiry must completed within 120 hours of its filing with the Constitutional Court. The terms 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. The Inquiries Concerning the State of Health of the President of the Republic
Only the Seimas shall have the right to submit an inquiry to the Constitutional Court 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 under procedure established by the Statute of the Seimas.
The inquiry or appropriate resolution of the Seimas must be accompanied by a conclusion of the medical commission which is approved by the Seimas. If necessary, other evidence describing the state of health shall be attached thereto.
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 of a conclusion may be withdrawn prior to the commencement of the consideration at a hearing of the Constitutional Court by the institution which has filed it.
Article 80. The Refusal to Examine an Inquiry in the Constitutional Court
The Constitutional Court shall refuse to examine an inquiry concerning the giving of a conclusion in the following cases:
1) when the inquiry has been filed by an institution or person who does not have the right to apply to the Constitutional Court;
2) when the inquiry is grounded on non-legal reasoning;
3) when the consideration of a concrete issue does not fall under the jurisdiction of the Constitutional Court;
4) in the absence of an action or decision whose compliance with the Constitution must be verified;
5) when the issue raised in the inquiry, with the exception of cases provided for in Item 2 of Article 73 of this Law, has already been investigated in the Constitutional Court and the conclusion adopted by the Constitutional Court concerning this issue is still in force.
If in the course of the consideration of the inquiry the matter under consideration ceases to exist, the Constitutional Court shall dismiss the instituted legal proceedings on the grounds thereof.
Article 81. The Return of the Inquiry to the Petitioner
The President of the Constitutional Court, on personal initiative or on the proposal of the justice, shall return an inquiry to the petitioner if the inquiry or attachments thereto fail to comply with the requirements set forth in Article 76 of this Law.
The return of an inquiry shall not take away the right to apply to the Constitutional Court according to the general procedure once the existing deficiencies have been removed.
Article 82. The Procedure for the Consideration of Inquiries in the Constitutional Court
Inquiries concerning the compliance of international treaties of the Republic of Lithuania with the Constitution shall be considered according to the general rules for the investigation into the constitutionality of legal acts.
Other inquiries shall be considered at the discretion of the Constitutional Court in adhering to a simpler procedure. Disputes which arise shall be settled in accordance with the rules established by this Law.
Article 83. The Conclusion of the Constitutional Court
Upon the consideration of an inquiry, the Constitutional Court shall adopt a conclusion.
The conclusion presented by the Constitutional Court shall be final and not subject to appeal.
CHAPTER VI. FINAL PROVISIONS
Article 84. The Publication and Entry into Force of Acts of the Constitutional Court and Announcements of the President of the Constitutional Court
The Constitutional Court’s rulings, its decisions on the interpretation of its rulings, and announcements of the President of the Constitutional Court regarding the suspension of the validity of an impugned act as well as regarding the renewal of the suspended validity of a legal act shall officially be published in the Register of Legal Acts under procedure laid down by the Law on the Fundamentals of Law-Making.
The acts of the Constitutional Court and announcements of the President of the Constitutional Court specified in the first paragraph of this Article shall become effective on the day that these acts were officially published in the Register of Legal Acts.
Taking account of the specific circumstances of a certain case, the Constitutional Court may provide for a later date of the publication of a ruling of the Constitutional Court by which a certain legal act (part thereof) was ruled to be in conflict with the Constitution or laws.
Conclusions of the Constitutional Court and other acts of the Constitutional Court shall be published on the Internet website of the Constitutional Court and shall come into force on the day that they are published on the Internet website of the Constitutional Court.
If necessary, the Constitutional Court publishes collections of its rulings, conclusions and decisions as well as other publications.
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
Subsequent to a proposal of the Constitutional Court, the necessary funds ensuring the activity of the Constitutional Court shall be provided for annually 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 Apparatus of the Constitutional Court
The Constitutional Court shall have an apparatus. Its structure and statute shall be approved by the Constitutional Court. The apparatus of the Constitutional Court shall be headed by the Chancellor of the Constitutional Court. He shall be subordinate to the President of the Constitutional Court.
The Chancellor of the Constitutional Court, state servants of the apparatus of the Constitutional Court as well as other employees are admitted to office under 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)
Article 87. The Security of the Constitutional Court
The security of the buildings and premises of the Constitutional Court, and, upon the instruction of the President of the Constitutional Court, of the justices of the Constitutional Court, shall be provided by the Ministry of the Interior.
The Constitutional Court may decide to charge another state specialised security organisation to provide such security.
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 the Constitutional Court’s Power
In the courtroom of the Constitutional Court there shall be a picture of the State Coat of Arms of the Republic of Lithuania, a state flag, and a special edition of the Constitution of the Republic of Lithuania.
During a hearing, justices of the Constitutional Court shall wear gowns, the description and sample of which shall be approved by the Constitutional Court. Until such a sample is approved, approved gowns of justices of the Supreme Court may be used.
Article 89. The Seal of the Constitutional Court
The Constitutional Court shall be a legal person and have a seal with a picture of the State Coat of Arms 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.
Hearings of the Constitutional Court shall be held in its permanent seat.
ACTING PRESIDENT OF THE REPUBLIC OF LITHUANIA
ALGIRDAS BRAZAUSKAS
Vilnius, 3 February 1993
No. I-67