THE CONSTITUTIONAL COURT OF                                    
                  THE REPUBLIC OF LITHUANIA                                     
                                                                                
                                                                                
                          DECISION                                              
                                                                                
                                                                                
 Concerning the compliance of the Seimas decision adopted on                    
 June 10, 1993, not to include into the session schedule of                     
   sittings the draft decision "On the termination of the                       
 Seimas member powers of K.Bobelis" with the Constitution of                    
                  the Republic of Lithuania                                     
                                                                                
                   1 October 1993, Vilnius                                      
                                                                                
      The Constitutional Court of the Republic of Lithuania,                    
composed  from  the  Justices of  the  Constitutional  Court                    
Algirdas   Gailiūnas,  Zigmas  Levickis,  Vladas  Pavilonis,                    
Pranas  Vytautas Rasimavičius, Teodora Staugaitienė,  Stasys                    
Šedbaras and Juozas Žilys,                                                      
     the secretary of the hearing - Rolanda Stimbirytė,                         
      the  petitioner  -  Vidmantas  Žiemelis  and  advocate                    
Isaakas  Kaganas,  representatives of the group  of   Seimas                    
members,                                                                        
      the party concerned - the Seimas representative Juozas                    
Bernatonis,                                                                     
      pursuant  to Part 1 of Article 102 of the Constitution                    
of  the Republic of Lithuania and Part 1 of Article 1 of Law                    
on the Constitutional Court, the Court in its public sitting                    
conducted the investigation of Case No 5, subsequent to  the                    
petition submitted to the Court by the petitioner - a  group                    
of  the  Seimas of the Republic of Lithuania  members  -  to                    
investigate  the conformity of the Seimas decision,  adopted                    
on  June 10, 1993, not  to include into the session schedule                    
of  sittings the draft decision "On the termination  of  the                    
Seimas  member powers of K.Bobelis" with Part 6 of   Article                    
63 of the Constitution of the Republic of Lithuania.                            
     The Constitutional Court                                                   
                         established:                                           
     A group of members of the Seimas in June 8 1993 sitting                    
of  the  Seimas  of the Republic of Lithuania suggested  the                    
inclusion  into  the sitting agenda of the consideration  of                    
the  issue  concerning  the Seimas draft  decision  "On  the                    
termination  of  the Seimas member powers of K.Bobelis".  In                    
said draft it is maintained that Seimas member K.Bobelis has                    
grossly violated Part 3 of Article 31 of Law of the Republic                    
of  Lithuania  on  Elections to the Seimas  as  he  did  not                    
repudiate on oath of a citizen administered to another state                    
according to the procedure prescribed by that state. In  the                    
draft decision the suggestion was made with regard to Part 6                    
of  Article  63  of  the Constitution  of  the  Republic  of                    
Lithuania,  to  terminate  the  Seimas  member   powers   of                    
K.Bobelis  and to commission the Central Electoral Committee                    
to   organize  elections  to  Marijampolė  one  -  candidate                    
electoral area No 29 within three months.                                       
      The  Seimas did not include the consideration of  this                    
issue  into the agenda of June 8th sitting but, on the basis                    
of Article 79 of the Provisional Seimas Statute, included it                    
into the agenda of June 10th sitting.                                           
     In the Seimas sitting of June 10 1993, the group of the                    
Seimas  members  submitted for the consideration  the  draft                    
decision "On the termination of the Seimas member powers  of                    
K.Bobelis". After the presentation and discussions according                    
to   the   procedure  prescribed  by  Article  188  of   the                    
Provisional Seimas Statute, the Seimas adopted the  decision                    
not  to  include into the session schedule of  sittings  the                    
said draft decision (The decision is recorded in the minutes                    
No  56 (117) of the sitting of June 10, 1993, which has been                    
submitted along with the petition).                                             
      The  petitioner requests the Constitutional  Court  to                    
investigate  the compliance of the decision  of  the  Seimas                    
sitting  of June 10, 1993 with Part 6 of Article 63  of  the                    
Constitution of the Republic of Lithuania.                                      
      The request is grounded on Part 3 of Article 31 of Law                    
of  the  Republic of Lithuania on Elections  to  the  Seimas                    
which establishes that candidates to the Seimas members, who                    
have  taken  an  oath  of a citizen of another  state,  must                    
repudiate  it  in writing. The logical explanation  of  this                    
provision  as  well  as  the  perception  of  the  subject's                    
relationship with a certain state leads to the necessity  to                    
submit the above mentioned written repudiation to the  state                    
to  which the citizen's oath has been administered.  In  the                    
note of Embassy of the United States of America in Lithuania                    
to  the  Ministry  of  Foreign Affairs of  the  Republic  of                    
Lithuania  it is confirmed that the Seimas member K.Bobelis'                    
repudiation of an oath of  a citizen of the United States of                    
America,  submitted to the Central Electoral Committee,  did                    
not  have any legal action (consequence). The Seimas of  the                    
Republic of Lithuania decision is a legal act adopted by the                    
Seimas, thus, pursuant to Article 105 of the Constitution of                    
the  Republic  of  Lithuania, the Constitutional  Court  can                    
consider   the  conformity  of  this  legal  act  with   the                    
Constitution of the Republic of Lithuania.                                      
      The representative of the petitioner also requested to                    
investigate in the court hearing of the Constitutional Court                    
the  conformity of the Seimas decision, adopted on June  10,                    
1993,  to  reject  the Seimas of the Republic  of  Lithuania                    
draft  decision  "On the termination of  the  Seimas  member                    
powers  of K.Bobelis" with the Constitution of the  Republic                    
of  Lithuania. In the opinion of the representatives of  the                    
petitioner,  the Seimas adopted one decision concerning  the                    
submitted  draft decision, which holds two resolutions:  (1)                    
not  to  include into the Session schedule of  sittings  the                    
submitted draft decision and (2) to reject this draft.                          
      The  representative  of the party concerned  explained                    
that  the  petitioner's  request is not  justified  and  the                    
arguments  of  the  request  are  not  connected  with   the                    
provisions  established in the Constitution of the  Republic                    
of  Lithuania. In compliance with Part 1 of Article  105  of                    
the Constitution of the Republic of Lithuania and item 1  of                    
Part 1 of Article 63 of Law on the Constitutional Court, the                    
Constitutional  Court  examines  the  cases  concerning  the                    
conformity  of  legal  acts with  the  Constitution  of  the                    
Republic  of   Lithuania. In the opinion of  the  interested                    
person's  representative, the Seimas did not adopt  a  legal                    
act  but only voted on procedural matter in compliance  with                    
the  provisions established in Parts 2 and 3 of Article  188                    
as  well as item 5 of Article 189 of the Provisional  Seimas                    
Statute. Therefore, the resolution adopted by such voting is                    
not  subject  to investigation in the Constitutional  Court.                    
Besides this decision does not contain the contents, on  the                    
basis of which the petitioner appealed to the Constitutional                    
Court.  The  representative  of  the  party  concerned  also                    
explained  that the Seimas at his own discretion establishes                    
the   schedule  of  sittings  pursuant  to  the   provisions                    
prescribed by the Provisional Seimas Statute. This right  of                    
the Seimas is limited by the Constitution of the Republic of                    
Lithuania which establishes concrete issues the Seimas shall                    
consider.   In  the  opinion  of  the  interested   person's                    
representative,  the request of the petitioner  can  not  be                    
complied with.                                                                  
     The Constitutional Court                                                   
                         holds that:                                            
      1.  Pursuant to Part 1 of Article 105  and item  1  of                    
Part 1 of Article 63 of the Law of the Republic of Lithuania                    
on  the Constitutional Court, the Constitutional Court shall                    
consider  and  adopt decisions concerning the conformity  of                    
laws of the Republic of Lithuania and legal acts adopted  by                    
the  Seimas  with  the  Constitution  of  the  Republic   of                    
Lithuania.  In  the petitioner's request the  constitutional                    
issue  is  formulated, i.e. a request is made to investigate                    
if   the  Seimas decision, adopted on June 10, 1993, not  to                    
include the draft decision "On the termination of the Seimas                    
member  powers  of K.Bobelis" into the session  schedule  of                    
sittings  is  in  conformity with the  Constitution  of  the                    
Republic  of  Lithuania.  Thus, the  investigation  of  this                    
request  is  within  the jurisdiction of the  Constitutional                    
Court.                                                                          
      2.  The  Constitutional Court,  while  evaluating  the                    
petitioner's  legal  motives  that  the  Seimas  refusal  to                    
consider  the issue concerning the Seimas member  powers  of                    
K.Bobelis,   relies   on   the  constitutional    provisions                    
regulating  the  status of the Seimas.  In  compliance  with                    
Article 76 of the Constitution of the Republic of Lithuania,                    
the  structure  and procedure of activities  of  the  Seimas                    
shall be determined by the Statute of the Seimas. The Seimas                    
is  free to make decisions within the limits established  by                    
the Constitution of the Republic of Lithuania.                                  
       The   Seimas  disputable  decision  was  adopted   in                    
compliance  with the rule set forth in Part 2 of Article  69                    
of   the   Constitution   of  the  Republic   of   Lithuania                    
establishing that Seimas legal acts shall be deemed  adopted                    
if  the majority of the Seimas members participating in  the                    
sitting  vote  in favour thereof. Thus the  Seimas  did  not                    
violate the above mentioned constitutional provision.                           
      3.  Pursuant to Point 1 of Part 1 of Article 64 of the                    
Law  of  the  Republic  of Lithuania on  the  Constitutional                    
Court,  the Constitutional Court investigates if the  entire                    
legal act or a part  thereof contradicts the Constitution of                    
the  Republic  of  Lithuania according to  the  contents  of                    
norms.  The  Seimas  in its decision did  not  evaluate  the                    
validity of the Seimas member K.Bobelis' election as well as                    
did  not pass any decision concerning his deputy powers with                    
regard  to Part 6 of Article 63 of the Constitution  of  the                    
Republic  of  Lithuania.  This decision  did  not  hold  the                    
settling  of those constitutional issues that are raised  in                    
the   petitioner's   request.  Therefore  the   petitioner's                    
statement,  that  the Seimas decision  not  to  include  the                    
submitted  draft  decision  into  the  session  schedule  of                    
sittings  fails to comply with Part 6 of Article 63  of  the                    
Constitution of the Republic of Lithuania, is groundless.                       
      The  Constitutional Court, pursuant to Article 782  of                    
the  Law  of the Republic of Lithuania on Elections  to  the                    
Seimas, shall examine and evaluate the decisions made by the                    
Central  Electoral  Committee  or  the  refusal  thereof  to                    
examine  complaints  concerning violations  of  the  Law  on                    
Elections to the Seimas in cases when  such decisions  where                    
adopted or other actions where  carried out by the Committee                    
after  the  termination of voting and when such  inquiry  is                    
submitted  to the Constitutional Court by the Seimas  or  by                    
the  President  of  the Republic within  3  days  after  the                    
publication of official election results. Subsequent to  the                    
conclusions  drawn by the Constitutional Court,  the  Seimas                    
shall  adopt the final decision concerning the violation  of                    
the   Law  on  Elections  to  the  Seimas.  Therefore,   the                    
Constitutional Court cannot settle the petitioner's  request                    
on the merits.                                                                  
      4.  The  statement of the petitioner's representatives                    
that the Seimas has adopted two resolutions in one decision,                    
is  not  legally  motivated. This  can be confirmed  by  the                    
minutes  of  June 10th 1993 sitting, which proves  that  two                    
different decisions concerning the submitted draft  decision                    
where  adopted.  The  petitioner in  the  request  does  not                    
dispute the decision to reject the Seimas draft decision "On                    
the  termination of the Seimas member powers of  K.Bobelis",                    
therefore,  in  this  case  the  conformity  of  the   above                    
mentioned decision with the Constitution of the Republic  of                    
Lithuania shall not be investigated.                                            
      Pursuant  to  Article 102 of the Constitution  of  the                    
Republic of Lithuania and Articles 53, 54, 55 and 56 of  the                    
Law  of  the  Republic  of Lithuania on  the  Constitutional                    
Court,  the  Constitutional Court has  taken  the  following                    
decision:                                                                       
      To  recognize  that  the Seimas  of  the  Republic  of                    
Lithuania decision, adopted on June 10, 1993, not to include                    
into the session schedule of sittings the draft decision "On                    
the  termination of the Seimas member powers  of  K.Bobelis"                    
does  not  contradict the Constitution of  the  Republic  of                    
Lithuania.                                                                      
      This  Constitutional Court decision is final  and  not                    
subject to appeal.                                                              
      The  decision is promulgated on behalf of the Republic                    
of Lithuania.                                                                   
                                                                                
     Justices of the Constitutional Court:                                      
                                                                                
                                                                                
Algirdas  Gailiūnas        Zigmas  Levickis                                     
                                                                                
Vladas Pavilonis           Pranas  Vytautas  Rasimavičius                       
                                                                                
Teodora Staugaitienė       Stasys Šedbaras                                      
                                                                                
Juozas Žilys