Case No 14/94-15/94
THE CONSTITUTIONAL COURT OF
THE REPUBLIC OF LITHUANIA
D E C I S I O N
27 June 1994, Vilnius
The Constitutional Court of the Republic of
Lithuania, composed from the Justices of the Constitutional
Court Algirdas Gailiūnas, Kęstutis Lapinskas, Zigmas
Levickis, Vladas Pavilonis, Pranas Vytautas Rasimavičius,
Stasys Stačiokas, Teodora Staugaitienė, Stasys Šedbaras and
Juozas Žilys,
the secretary of the hearing - Rolanda Stimbirytė,
in the procedural sitting of the Constitutional Court
examined the issue pertaining to the dismissal of the
initiated legal proceedings of case No 14/94-15/94
The Constitutional Court
has established:
The petitioners - the Panel of Civil Cases of the
Supreme Court and Vilnius 2nd District Court - request to
investigate if item 1, Part 1, Article 26 of the Code of
Civil Procedure of the Republic of Lithuania is in
compliance with the first part of Article 109 of the
Constitution of the Republic of Lithuania.
The Panel of Civil Cases of the Supreme Court, while
investigating the civil case in cassation procedure pursuant
to the suit of stock-company "Transferas" lodged against the
Panevėžys city board, faced the issue of the jurisdictional
dependence of the case. The Panel of Civil Cases of the
Supreme Court has stated that, under item 1, Part 1, Article
26 of the Code of Civil Procedure, this case as well as
other cases pertaining to the disputes, the subjects of
which are state, public, co-operative enterprises,
establishments and organizations, are not within the
jurisdiction of courts. The material, gathered for the
suspended case, can prove, that the issue of falling of said
dispute under the jurisdiction of State Arbitration was
raised. Meanwhile, in accordance with the first part of
Article 109 of the Constitution of the Republic of
Lithuania, the courts shall have the exclusive right to
administer justice. Besides, Article 124 of the Constitution
establishes, that acts adopted by local governments in
violation of the rights of citizens and organizations, may
be appealed against in court. Due to the above mentioned
reasons, the investigation of the case was suspended and it
was decided to address the Constitutional Court of the
Republic of Lithuania.
Vilnius 2nd District Court, while investigating the
civil case pursuant to the suit of the plaintiff - stock-
company "TELE-3" - brought against the defendant - Radio and
TV Centre of Lithuania - , also faced the issue of the
jurisdictional dependence of the case. The representatives
of the defendant have specified, that in conformity with
Article 26 of the Code of Civil Procedure of the Republic of
Lithuania, the case is not within the jurisdiction of the
court, and said dispute among parties should be settled by
State Arbitration. Therefore, Vilnius 2nd District Court
suspended said civil case and passed the ruling to apply to
the Constitutional Court.
In the first part of Article 109 of the Constitution
of the Republic of Lithuania it is determined, that the
courts shall have the exclusive right to administer justice.
While realizing this constitutional provision, the Seimas of
the Republic of Lithuania on 12 April 1994 adopted the
Provisional Law on Economic Court". In the first part of
Article 1 of this Law it was set forth that: "A specialized
court of the Republic of Lithuania, called the Economic
Court of the Republic of Lithuania, is established instead
of State Arbitration of the Republic of Lithuania, to ensure
the court investigation of economic disputes arising from
commercial activity". In the second part of this Article it
is determined, that "Economic Court shall start its activity
on the next day after the oath, taken by the appointed
judges to the Republic of Lithuania".
On 25 May 1994, the President of the Republic of
Lithuania, by Decree No 300 appointed judges of the Economic
Court. On 26 May 1994 these judges to be faithful to the
Republic of Lithuania. Taking the fact, that State
Arbitration of the Republic of Lithuania was liquidated by
said acts, establishing the Economic Court instead, into
consideration, the case under investigation is actually left
without the subject matter of the dispute. The
Constitutional Court holds that this is a ground for the
dismissal of the initiated legal proceedings. Conforming to
the fourth part of Article 69 of the Law on the
Constitutional Court of the Republic of Lithuania, the
Constitutional Court has taken the following
decision:
to dismiss the initiated legal proceedings of case No
14/94-15/94.
Justices of the Constitutional Court:
Algirdas Gailiūnas Kęstutis Lapinskas
Zigmas Levickis Vladas Pavilonis
Pranas Vytautas Rasimavičius Stasys Stačiokas
Teodora Staugaitienė Stasys Šedbaras
Juozas Žilys