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