Lithuania
Constitutional Court
Reference period: 1 January 1994-30 April 1994

Statistical data

• Total: 7 final decisions including:
• 4 rulings concerning compliance of laws with the Constitution:
• 2 rulings concerning compliance of the decisions (resolutions) of the Seimas (Parliament) with the Constitution;
• 1 ruling concerning compliance of Governmental directives with the laws. All decisions of the Constitutional Court were published in the Lithuanian Official Gazette ("Valstybes zinios").

Important desicions

I.

Identification: a) Lithuania / b) Constitutional Court / ń) / d) Ruling of 19 January 1994 / e) / f) / g) Publication: Valstybes zinios" 7-116 94.01.26.

Keywords of the systematic thesaurus:

Constitutional Justice -Types of litigation - Litigation in respect of fundamental rights and freedoms.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a public body - Legislative bodies.
Constitutional Justice - Constitutional proceedings -Decisions-Form.
Constitutional Justice - Constitutional proceedings -Decisions - Types.
Constitutional Justice - Common principles or techniques of interpretation - Principles of legality.
Institutions - Legislative bodies - Law-making procedure.

Keywords of the alphabetical index: Classification decision / Parliamentary proceedings.

Summary:

The ruling of the Constitutional Court concerns the resolution of the Seimas (Parliament) "On the main directions of land reform", adopted on 17 June 1993. The Constitutional Court established that the provisions of the resolution regulate relations of private property. However, in Article 23 of the Constitution it is established that the rights of ownership shall be protected by law. Therefore, the above mentioned decision of the Seimas has been considered as contradictory to the Constitution of Lithuania.

II.

Identification: Lithuania / b) Constitutional Court / c) / d) Ruling of 14 February 1994 / e) / f) / g) Publication: Valstybes zinios 13-221 94.02.19.

Keywords of the systematic thesaurus:

Constitutional Justice - - Types of litigation - Litigation in respect of the formal validity of normative measures.
Constitutional Justice – Constitutional proceedings – Types of claim – Referral by a court.
Constitutional Justice - Common principles or techniques of interpretation - Principles of legality.
Institutions - Principles of State organisation - Separation of powers.
Institutions - Courts - Procedural safeguards - Legal provisions for access to courts.
Institutions - Courts - Ordinary courts - Public prosecutor.

Keywords of the alphabetical index: Access to courts / Independence of courts / Infringement of principle of equality / Public prosecutor.

Summary:

The ruling of the Constitutional Court concerns the Law on the Prosecutor's Office and some norms of the Code of Civil Procedure. The Constitutional Court has established certain powers conferred upon prosecutors such as the power to join a case at any stage to carry out prosecutorial supervision in civil proceedings and to supervise the lawfulness of executive acts, are incompatible with the Constitution of the Republic of Lithuania.

III.

Identification: a) Lithuania / b) Constitutional Court / ń) / d) Ruling of 24 February 1994 / e) / f) / g) Publication: Valstybes zinios16-271 94.03.02.

Keywords of the systematic thesaurus :

Constitutional Justice - Types of litigation - Litigation in respect of the formal validity of normative measures.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a Public body - Legislative bodies.
Constitutional Justice - Common principles or techniques of interpretation - Concept of constitutionality dependent on a specified interpretation.
Institutions - Legislative bodies - Parliaments - Organisation.

Keywords of the alphabetical index: Parliament / Parliamentary proceedings

Summary:

The case was initiated by a group of MPS who requested to examine the constitutionality of norms of the Statute of the Seimas (Parliament), which regulated the number of the Deputy Chairpersons of the Seimas. The Constitutional Court ruled that the norms were compatible with the Constitution, because the right to determine the structure and procedure of activities of the Seimas was vested in it by the Constitution of the Republic of Lithuania.

IV.

Identification: a) Lithuania / b) Constitutional Court / c) / d) Ruling of 16 March 1994 / e) / f) / g) Publication: Valstybes zinios 22-366 94.03.23.

Keywords of the systematic thesaurus:

Constitutional J ustice - Types of litigation - Litigation in respect of the distribution of powers between State authorities.
Constitutional Justice - Constitutional proceedings -Types of claim - Claim by a Public body - Legislative bodies.
Constitutional Justice - Common principles or techniques of interpretation - Principles of legality.
Institutions - Executive bodies - Powers.
Institutions - Public finances - Taxation.
Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Non-retrospective effect of taxation law.

Keywords of the alphabetical index: Government / Non-retrospective effect of laws / Taxation.

Summary:

A group of Seimas members requested the ConstitutionaJ Court to examine whether some Governmental directives regulating taxation were in compliance with the laws on taxes. The Constitutional Court established that some provisions of the Governmental directives had retrospective effect and changed the basis of taxation. Therefore, they were held to be unlawful.

V.

Identification: a) Lithuania / b) Constitutional Court / c) / d) Ruling of 31 March 1994 / e) / f) / g) Publication: Valstybes zinios 26-450 94.04.08.

Keywords of the systematic thesaurus:

Constitutional Justice - Types of litigation - Litigation in respect of fundamental rights and freedoms.
Constitutional Justice - Constitutional proceedings -Types of claim - Referral by a court.
Constitutional Justice - Common principles or techniques of interpretation - Historical interpretation.
Fundamental Rights - Civil and political rights - Right to property - Other.

Keywords of the alphabetical index: Civil law / Control of private contracts / Fundamental Rights / Private property.

Summary:

The ruling of the Constitutional Court concerns certain norms of the Civil Code (adopted during the Soviet period) which regulated leases. The Constitutional Court established that such restrictions as the prohibition to raise interest contradict common principles of civil law and infringe the rights of ownership. The Constitutional Court held that the above-mentioned norms of the Civil Code were incompatible with the Constitution of the Republic of Lithuania.

VI.

Identification: a) Lithuania / b) Constitutional Court / ń) / d) Ruling of 13 April 1994 / e) / f) / g) Publication: Valstybes zinios 29 - 524 94.04.20.

Keywords of the systematic thesaurus:

Constitutional J ustice - Types of litigation - Litigation in respect of fundamental rights and freedoms.
Constitutional Justice - Constitutional proceedings -Types of claim - Referral by a court.
Constitutional Justice - Common principles or techniques of interpretation - Principles of legality.
Fundamental Rights - Governing principles - Limits and restrictions.

Keywords of the alphabetical index: Citizenship / Fundamental Rights / Passports.

Summary:

The ruling of the Constitutional Court concerns a decision of the Seimas which extends the possibilities of gaining citizenship of the Republic of Lithuania. The Constitutional Court established that, under the Constitution, the procedure for the acquisition of citizenship shall be established by law. Therefore, the above-mentioned decision of the Seimas was considered to contradict the Constitution of the Republic of Lithuania.

VII.

Identification: a) Lithuania / b) Constitutional Court / c) / d) Ruling of 21 April 1994 / e) / f) / g) Publication: Valstybes zinios31-56294.04.27.

Keywords of the systematic thesaurus:

Constitutional Justice - Types of litigation - Litigation in respect of fundamental rights and freedoms.
Constitutional Justice - Constitutional proceedings -Types of claim - Referral by a court.
Constitutional Justice - Common principles or techniques of interpretation - Principles of legality.
Institutions - Principles of State organisation - Relations between the State and bodies of a religious or ideological nature.
Fundamental Rights - Civil and political rights - Freedom of conscience.
Fundamental Rights - Civil and political rights - Non-retrospective effect of law - Non-retrospective effect of civil law.

Keywords of the alphabetical index: Civil law / Freedom of conscience and belief / Non-retrospective effect of laws / Separation of the Church and the State.

Summary:

This case which was referred to the Constitutional Court by a lower Court concerned certain provisions of the Matrimonial and Family Code (adopted during the Soviet period) prohibiting marriages registered in church. Article 38 of the Constitution (1992) declares that “the State shall also recognise marriages registred in church”. Therefore, the Constitutional Court ruled that the above-mentioned norms contradict the Constitution of the Republic of Lithuania.