Reference period: 1 May 1994 - 31 August 1994

Total:

8 final decisions including:

All decisions of the Constitutional Court were published in the Lithuanian Official Gazette ("Valstybes zinios").

a) Lithuania / b) Constitutional Court / с) / d) Ruling of 27 May 1994 / e) Case No 12/93 f) / g) / f) / g) Publication Valstybes zinios 42-771 94.06.03.

Constitutional justice - Types of litigation - Litigation in respect of fundamental rights and freedoms.

Constitutional justice - The subject of review - Laws and other rules having the force of law.

Constitutional justice - Constitutional proceedings -Types of claim - Claim by a public body - Legislative bodies.

Constitutional justice - Constitutional proceedings -Decisions - Types - Finding of constitutionality or unconstitutionality.

Constitutional justice - Common principles or techniques of interpretation - Balancing of interests.

Fundamental rights - Civil and political rights - Right to property - Privatisation.

Denationalisation / Fundamental rights / Private property.

A group of deputies of the Seimas (Parliament) requested the Constitutional Court to examine whether some articles of the Law "On Appending and Amending the Law of the Republic of Lithuania, regulating Procedure and Conditions of the Restitution of the Rights of Ownership to the Existing Real Property" were consistent with the Constitution of the Republic of Lithuania. The Constitutional Court established that some provisions that set up limitations on the restitution of land in forest districts, national parks and in a rural area as well as limitations on the restitution of ownership to inland waters are not consistent with Article 23 of the Constitution.

ownership to inland waters are not consistent with Article 23 of the Constitution.

a) Lithuania / b) Constitutional Court / c) / d) Ruling of 15 June 1994 / e) Case No 11/93 9/94 / f) / g) Publication: Valstybes zinios 42-889 94.06.22.

Constitutional justice-Types of litigation - Litigation in respect of fundamental rights and freedoms.

Constitutional justice - The subject of review - Laws and other rules having force of law.

Constitutional justice - Constitutional proceedings -Types of claim - Claim by a public body - Legislative bodies.

Constitutional justice - Constitutional proceedings -Decisions - Types - Finding of constitutionality or unconstitutionality.

Constitutional justice - Common principles or techniques of interpretation - Balancing of interests.

Fundamental rights - Civil and political rights - Right to property - Privatisation.

Denationalisation / Fundamental rights / Private property.

The case was initiated by a group of deputies who requested to examine the constitutionality of some articles of the law "On Amending the Law regulating the Procedure and Conditions of the Restitution of the Right of Ownership to the Existing Real Property". The Constitutional Court ruled that the condition set forth in the above mentioned law according to which residential houses shall not be returned when tenants do not agree to change the lease contract, is not in conformity with the provisions on property protection established in Article 23 of the Constitution.

a) Lithuania / b) Constitutional Court / с) / d) Ruling of |'27 June 1994 / e) Case No 2/94 / f) / g) Publication Valstybes zinios 50-948 94.07.01.

Constitutional justice - Types of litigation - Litigation fin respect of fundamental rights and freedoms.

Constitutional justice - The subject of review – Laws and other rules having force of law.

Constitutional justice - Constitutional proceedings -Hypes of claim - Referral by a court.

Constitutional justice - Constitutional proceedings -Decisions - Types - Finding of constitutionality or unconstitutionality.

Fundamental rights / Private property / Privatisation of flats.

The case was referred to the Constitutional Court by the Presidium of the Supreme Court of Lithuania who requested to examine the constitutionality of the norms of the Law on the Privatisation of Apartments which provided for the privatisation of hostel rooms of institutions of higher education. The petitioners invoked Article 40 (3) of the Constitution which grants autonomy to institutions of higher education. The Constitutional Court ruled that the principle of equality prevails over the autonomy of universities and held that the mentioned law is not inconsistent with the Constitution.

a) Lithuania / b) Constitutional Court / c) / d) Ruling of 30 June 1994 / e) Case No 13/93 / f) I g) Publication : Valstybes Zinios 51-979 94.07.08.

Constitutional justice - Types of litigation - Electoral disputes - Parliamentary elections.

Constitutional justice - The subject of review - Parliamentary rules.

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 - Review of validity of elections.

Competence / Elections.

The ruling concerning the constitutionality of the Seimas Resolution "On refusal of some members of the Central Electoral Committee to abide by the Law on Elections to the Seimas, upon nullifying the unlawful resolution of the Central Electoral Committee by the Supreme Court of the Republic of Lithuania" This case was initiated by a group of Deputies who argued that the Seimas had acted beyond its powers. The Constitutional Court ruled that the above-mentioned Seimas Resolution is not inconsistent with the Constitution.

a) Lithuania / b) Constitutional Court / с) / d) Decision of 11 July 1994 / e) Case No 14/93 / f) / g) Publication: Valstybes Zinios 54-1022 94.07.13.

Constitutional justice - Types of litigation - Electoral disputes - Parliamentary elections.

Constitutional justice -The subject of review - Parliamentary rules.

Constitutional justice - Constitutional proceedings -Types of claim - Claim by a public body - Legislative bodies.

Constitutional justice - Common principles or techniques of interpretation - Principle of legality.

Institutions - Legislative bodies - Parliaments - Powers.

Competence / Elections.

The ruling concerns the constitutionality of the Seimas (Parliament) Resolution "On the formation of the Central Electoral Committee". A group of Deputies argued that the Seimas had infringed the Constitution because it was specified in the said Resolution that the newly formed Central Electoral Committee had to carry out the activities and resolve the issues left behind by the previous Central Electoral Committee. The Constitutional Court ruled that the above-mentioned Resolution is non inconsistent with the Constitution.

a) Lithuania / b) Constitutional Court / c) / d) Decision of 11 July 1994 / e) Case No 5/94 / f) / g) Publication Valstybes Zinios 54-1033 94.07.15.

Constitutional justice - Types of litigation - Electoral disputes - Presidential elections.

Constitutional justice - The subject of review - Law and other rules having the force of law.

Constitutional justice - Constitutional proceedings -Types of claim - Claim by a public body - Legislative bodies.

Institutions - Head of State.

Elections / President of the Republic.

A group of deputies of the Seimas (Parliament) asked the Constitutional Court to examine whether some articles of the Law on Presidential Elections were consistent with the Constitution. The dispute concerned the main electoral institution. The said Law provided for a Presidential Electoral Committee, but the Constitution established only one electoral body -the Central Electoral Committee. According to the Court, this situation gave rise to a lacuna in the law. Therefore, the Constitutional Court decided to cancel the case.

a) Lithuania / b) Constitutional Court / c) / d) Ruling of 15 July 1994 / e) Case No 1 /94 / f) / g) Publication Valstybes Zinios 56-1103 94.07.22.

Constitutional justice - Types of litigation - Litigation in respect of fundamental rights and freedoms.

Constitutional justice - The subject of review - Rules issued by the executive.

Constitutional justice - Constitutional proceedings -Types of claim - Referral by a court.

Constitutional justice - Common principles or techniques of interpretation - Principles of legality.

Institutions - Executive bodies - Powers.

Competence / Government / Private property.

A local court asked the Constitutional Court to rule on the constitutionality of some norms of the Government Resolution partial amending the governmental Resolution "On the implementation of the Law of the Republic of Lithuania regulating the Procedure and Conditions of the Restoration of the Rights of Ownership to the Existing Real Property". The Constitutional Court ruled that some of the above-mentioned norms are not consistent with the Constitution and the laws.

a) Lithuania / b) Constitutional Court / с) / d) Ruling of 22 July 1994 / e) Case No 18/94 f) / g) Publication Valstybes Zinios 57.1120 94.07.27.

Constitutional justice - Types of litigation - Electoral disputes - Referendums.

Constitutional justice - The subject of review - Law and other rules having force of law.

Constitutional justice - Constitutional proceedings -Decisions - Types - Finding of constitutionality or unconstitutionality.

Constitutional justice - Common principles or techniques of interpretation - Principles of legality.

Elections / Popular referendum.

The case was initiated by a group of deputies who requested to examine the constitutionality of some articles of the Law on "Amending and Appending the Law on Referendums". The Constitutional Court established that the following norms are not consistent with the Constitution :

• "Provisions of Laws on economic issues may be adopted by referendum after an examination of their possible economic consequences" (because said provisions restrict sovereign powers of the People) ;

• "A citizen shall write himself all the data while signing for initiating a referendum" (hereby the citizen's constitutional right to participate in the government of their State is denied) ;

• "In cases when the Seimas holds that the draft provisions of a law submitted for a referendum is not consistent with the Constitution, the question whether the Constitution should be amended must be considered first" (because said provisions restrict sovereign powers of the People) ;

"In cases when the Seimas decides to consider and adopt provisions submitted for a referendum, the announcement of a referendum may be postponed. .However, the referendum must be announced in the same session which fails to adopt the submitted provisions of the law" (these norms restrict the citizens' right to initiate a referendum and distort their will).