THE CONSTITUTIONAL COURT OF                                    
                  THE REPUBLIC OF LITHUANIA                                     
                                                                                
                          DECISION                                              
                                                                                
      On the compliance of the decision of the Seimas of the                    
Republic  of  Lithuania "On the dissolution of Vilnius  City                    
Council   and   some  measures  necessary  to  improve   the                    
activities in local governments", adopted on April 15, 1993,                    
with the Constitution of the Republic of Lithuania                              
                                                                                
                 17 September 1993, Vilnius                                     
                                                                                
      The Constitutional Court of the Republic of Lithuania,                    
composed  from 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,                         
        the   petitioner   -   Petras   Algirdas   Miškinis,                    
representative of the group of the members of the Seimas,                       
     the party concerned - the Seimas representatives Juozas                    
Bernatonis and Nijolė Šidagienė,                                                
      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 2 subsequent  to  the                    
petition  submitted to the Court by a group  of  the  Seimas                    
members   to  investigate  the  conformity  of  the   Seimas                    
decision,  adopted on April 15, 1993 "On the dissolution  of                    
Vilnius  City Council and some measures necessary to improve                    
the  activities in local governments" with the  Constitution                    
of the Republic of Lithuania.                                                   
     The Constitutional Court                                                   
                   e s t a b l i s h e d :                                      
                                                                                
     Subsequent to the suggestions made by the Government of                    
the  Republic  of Lithuania as well as the Seimas  Committee                    
for  local  governments,  the  Seimas  of  the  Republic  of                    
Lithuania,  by  the  decision "On  the  commission  for  the                    
investigation of the situation in Vilnius City  Council  and                    
Board",  adopted on February 3, 1993, formed the  commission                    
and  obligated it to present their conclusions to the Seimas                    
until   31  March,  1993.  The  commission  has  taken   two                    
alternative decisions:                                                          
      1.  Not  to  recommend the Seimas of the  Republic  of                    
Lithuania  to dissolve Vilnius City Council and  to  resolve                    
the   issue  of  dismissing  guilty  officials  from   their                    
respective posts.                                                               
     2. To take measures for the dissolution of Vilnius City                    
Council.                                                                        
      The  Seimas  Committee for local  governments  in  the                    
sitting on 22 March, 1993 considered the conclusions of  the                    
Commission, approved of them and appealed to the Seimas with                    
the request to change the status of the Commission entitling                    
it  to the right of proposing the Seimas to dissolve Vilnius                    
City Council.                                                                   
     The Seimas, pursuant to Article 123 of the Constitution                    
of  the  Republic of Lithuania and Article 28 of the Law  of                    
the  Republic  of  Lithuania "On the Fundamentals  of  Local                    
Government " as well as the Law "On Direct Administration on                    
Local  Government  Territory"  and  on  the  basis  of   the                    
conclusions  of  the  Commission formed to  investigate  the                    
situation  in Vilnius City Council and Board, on  April  15,                    
1993  adopted  the decision "On the dissolution  of  Vilnius                    
City  Council  and some measures necessary  to  improve  the                    
activities in local governments". The Seimas decided :                          
     1. To dissolve Vilnius City Council of local government                    
and  to  introduce direct administration on local government                    
territory  until  the  formation of  the  new  Vilnius  City                    
Council.                                                                        
       In   the  time  of  direct  administration  on  local                    
government territory to suspend the validity of the  Law  of                    
the   Republic  of  Lithuania  on  Fundamentals   of   Local                    
Government.                                                                     
      2.  In conformity with Part 7 of Article 26 of the Law                    
on  Labour  Contract,  to  dismiss  from  office  Valentinas                    
Šapalas, chairman of Vilnius City Council, Alvydas Karalius,                    
deputy chairman of the Council, Vytautas Jasiulaitis,  mayor                    
of the city and Vidutis Kamaitis, deputy mayor of the city.                     
      3.  To  charge  the  Government  of  the  Republic  of                    
Lithuania with:                                                                 
      (1)  immediately appointing an authorised official  of                    
the Government on Vilnius territory and resolving the issues                    
of transferring to him material values and documentation.                       
      (2) approving the appointment and salary lists of  the                    
staff of the Executive body of the authorised official.                         
      4. To organize elections to Vilnius City Council until                    
November 28, 1993.                                                              
      5.  To  commission  the  Seimas  Committee  for  Local                    
Governments of the Republic of Lithuania until May 15,  1993                    
to  draft  the  amendments to the laws of  the  Republic  of                    
Lithuania  on  the  Fundamentals  of  Local  Government  and                    
Elections  to Councils of Local Government; and the  Central                    
Electoral  Committee  -  to  amend  the  procedure  of   the                    
elections to councils of local governments prescribed by law                    
and set the date for the elections to Vilnius City Council.                     
     6. To present to the Prosecutor General of the Republic                    
of Lithuania the material collected by the commission formed                    
to  investigate  the situation in Vilnius City  Council  and                    
Board.                                                                          
      (Parliamentary Record of the Seimas of the Republic of                    
Lithuania, 1993, No 13-314).                                                    
      The  petitioner requests the Constitutional  Court  to                    
investigate  the  conformity of the Seimas  decision,  dated                    
April  15, 1993, "On the dissolution of Vilnius City Council                    
and  some  measures necessary to improve the  activities  in                    
local governments" with the Constitution of the Republic  of                    
Lithuania.  The  request  is based on  the  following  legal                    
motives:                                                                        
      1. The Seimas decision was passed in the violation  of                    
Part 2 of Article 69 of the Constitution of the Republic  of                    
Lithuania, as this decision was not adopted by majority vote                    
of the Seimas members participating in the sitting.                             
      2.  The  decision  in  its  contents  contradicts  the                    
provision  established  in Part 4  of  Article  123  of  the                    
Constitution  of the Republic of Lithuania  which  does  not                    
provide  for  the  dissolution  of  the  Council  of   local                    
government.  For the purpose of regulating the  fundamentals                    
and   the   procedure   of   the  introduction   of   direct                    
administration, the Seimas should enact a law or  coordinate                    
the   law   adopted   on  December  27,  1992   "On   Direct                    
Administration  on  Local  Government  Territory"  with  the                    
Constitution  of  the  Republic  of  Lithuania.  The   above                    
mentioned  law was adopted at the time when the  Provisional                    
Basic  Law was in force on the territory of the Republic  of                    
Lithuania.                                                                      
      3. The Seimas groundlessly relied on Article 28 of the                    
Law on the Fundamentals of Local Government, promulgated  on                    
February 12, 1990, as the conclusions of the Commission  did                    
not  specify  which acts of the bodies of  local  government                    
contradicted the Constitution of the Republic of  Lithuania.                    
Besides,  there  were  no directives  on  the  part  of  any                    
authorised State bodies to terminate unlawful actions of the                    
City Council.                                                                   
      Representatives  of  the party concerned,  considering                    
that   the  Seimas  decision  is  in  compliance  with   the                    
Constitution  of  the Republic of Lithuania,  suggested  the                    
following explanation to the Constitutional Court:                              
      1.  The Seimas in passing the decision relied  on  the                    
Provisional Seimas Statute, which regulates the procedure of                    
the  enactment of the Seimas laws and other regulations.  In                    
conformity with provisions of the Statute, the number of the                    
Seimas  members  participating  in  the  sitting  shall   be                    
established  by the registration before voting.  During  the                    
adoption of Part 1 105 Seimas members were registered, among                    
them  53 members voted in favour of it, therefore, this part                    
was  adopted in full conformity with the established in  the                    
Seimas  procedure.  The Seimas members who  observe  evident                    
violation  of the Provisional Seimas Statute, did  not  take                    
into  consideration the procedure established in Article  98                    
of  the  Statute  which provides for  the  right  to  demand                    
further  investigation of the case within  no  less  than  a                    
week.                                                                           
      2.  Article  3  of  the Law on the  Procedure  of  the                    
Enforcement of the Constitution of the Republic of Lithuania                    
establishes  that provisions of the laws of the Republic  of                    
Lithuania   which  determine  the  status  of  the   supreme                    
institutions  of  State  power  and  administration  of  the                    
Republic  of Lithuania as well as the status of deputies  of                    
local  governments  shall  be effective  until  the  elected                    
Seimas  decides otherwise. In conformity with  this  Article                    
the conclusion is drawn that the Law on the Fundamentals  of                    
Local  Government  as  a  whole and its  Article  28,  taken                    
separately,  as well as the Law on Direct Administration  on                    
Local  Government Territory are valid. It is established  in                    
these laws that the introduction of direct administration on                    
local government territory is connected with the dissolution                    
of  the  Council  of  local  government.  Nevertheless,  the                    
petitioner  does  not appeal to the Court according  to  the                    
procedure prescribed by law to prove the compliance of these                    
laws with the Constitution of the Republic of Lithuania.                        
      3.  Article 28 of the Law on the Fundamentals of Local                    
Government provides for three legal cases of the dissolution                    
of  the  Council  of local government. Each of  them,  taken                    
separately,  can  be  a ground for the  dissolution  of  the                    
Council  of  local  government.  The  conclusions   of   the                    
Commission as well as their inseparable certificates contain                    
data  enough to prove constant and gross violations of  laws                    
committed  by  Vilnius  City  Council  and  other  executive                    
bodies,  which  disregard the demands  of  State  bodies  to                    
terminate  unlawful  acts.  Vilnius  City  Council  did  not                    
exercise  control  over the activities of  executive  bodies                    
accountable to it.                                                              
                                                                                
                                                                                
     The Constitutional Court                                                   
                         holds that:                                            
                                                                                
      1.  Pertaining  to  the  compliance  of  the  adoption                    
procedure  of the decision of the Seimas of the Republic  of                    
Lithuania  "On the dissolution of Vilnius City  Council  and                    
some  measures necessary to improve the activities in  local                    
governments"   adopted  on  April   15,   1993,   with   the                    
Constitution of the Republic of Lithuania.                                      
      Pursuant to Point 4 of Part 1 of Article 64 of the Law                    
on  the  Constitutional  Court, the Court  examines  a  case                    
concerning   the  compliance  of  a  legal  act   with   the                    
Constitution of the Republic of Lithuania only according  to                    
the  procedure of adoption which has been specified  in  the                    
Constitution.                                                                   
      Article  69  of  the Constitution of the  Republic  of                    
Lithuania establishes the rules of law enactment. Part 2  of                    
Article  69  establishes a universally recognized  provision                    
that  laws  shall be deemed adopted if the majority  of  the                    
Seimas  members participating in the sitting vote in  favour                    
thereof. The Constitution also establishes the rules of  the                    
Constitutional laws enactment and amendment or supplementing                    
by  a  majority vote of two - thirds of the total number  of                    
the  deputies. The Constitution of the Republic of Lithuania                    
does  not  provide  for  other  provisions  concerning   the                    
adoption  of  laws  or  other acts of  the  Seimas.  In  the                    
adoption of the Seimas decision in dispute the general  rule                    
established  in Part 2 of Article 69 of the Constitution  of                    
the Republic of Lithuania had to be observed.                                   
      The  Seimas is given the right by the Constitution  of                    
the  Republic of Lithuania to establish concrete  procedures                    
of  law  enactment in accordance with law. At present  these                    
procedures are determined in the Provisional Statute of  the                    
Seimas.  The number of Seimas members participating  in  the                    
sitting is fixed at the beginning of the sitting by  way  of                    
their  registration or, upon the instruction of the Chairman                    
of  the  Seimas,  during  the  sitting.  Subsequent  to  the                    
evidence, the Constitutional Court has drawn the conclusions                    
that  the  registration of the Seimas members was  conducted                    
immediately before voting Part 1 of the decision in dispute.                    
The results of voting showed that Part 1 of the decision "On                    
the  dissolution of Vilnius City Council and  some  measures                    
necessary  to  improve the activities in local  governments"                    
was  adopted by the majority vote of all the Seimas  members                    
participating in the sitting.                                                   
                                                                                
      2. Pertaining to the compliance of the Seimas decision                    
"On  the  dissolution  of  Vilnius  City  Council  and  some                    
measures  necessary  to  improve  the  activities  in  local                    
governments"  with  Article 123 of the Constitution  of  the                    
Republic of Lithuania.                                                          
      Article  152  of the Constitution of the  Republic  of                    
Lithuania  prescribes that the procedure for the enforcement                    
of  this Constitution and separate provisions thereof  shall                    
be  regulated  by Law of the Republic of Lithuania  "On  the                    
Procedure  for  the Enforcement of the Constitution  of  the                    
Republic of Lithuania", which together with the Constitution                    
of the Republic of Lithuania was adopted by referendum.                         
     In compliance with Article 3 of this law, provisions of                    
the  laws  of the Republic of Lithuania which determine  the                    
status  of  the  supreme institutions  of  State  power  and                    
administration of the Republic of Lithuania as well  as  the                    
status  of deputies and local governments shall be effective                    
until the elected Seimas decides otherwise. Therefore,  Part                    
1  of  Article  123 of the Constitution of the  Republic  of                    
Lithuania  entitles Seimas to the right to introduce  direct                    
administration on local government territory  in  cases  and                    
according  to  the  procedures provided  by  law,  that  are                    
determined   by    Law   "On  the  Fundamentals   of   Local                    
Government",   12  February,  1990  and   Law   "On   Direct                    
Administration on Local Government Territory", 27  December,                    
1990.                                                                           
      Article 2 of the Law of the Republic of Lithuania  "On                    
Direct   Administration   on  Local  Government   territory"                    
establishes that direct administration is introduced on  the                    
dissolution of a respective local government Council, on the                    
release  from office officials appointed or elected to  this                    
post  and on the  suspension of the validity of the laws  on                    
local government.                                                               
      The Seimas of the Republic of Lithuania is entitled to                    
the  right to apply these laws, to resolve the issue of  the                    
dissolution  of the Council of local government, temporarily                    
introducing direct administration and suspending the laws of                    
local  government on its territory. This procedure shall  be                    
changed by a new law.                                                           
      The Seimas of the Republic of Lithuania while adopting                    
the decision "On the dissolution of Vilnius City Council and                    
some  measures necessary to improve the activities in  local                    
governments"  which  provides for the  following  cases  and                    
procedures   of   the  dissolution  of  Council   of   local                    
government:  if  the  activity  of  the  bodies   of   local                    
government  contradicts the Basic Law  of  the  Republic  of                    
Lithuania; if the bodies of local government grossly violate                    
the  laws  of  the  Republic of Lithuania or  constitutional                    
rights   of  citizens,  disregarding  the  demands  of   the                    
authorized  state  bodies of the Republic  of  Lithuania  to                    
terminate  illegal action. The Council of  local  government                    
shall  be dissolved by the motivated decision of the  Seimas                    
of  the  Republic of Lithuania adopted on the basis  of  the                    
conclusions presented by the specially formed commission  of                    
the deputies of the Seimas.                                                     
      The Commission formed to investigate the situation  in                    
Vilnius  City Council and  Board stated in their conclusions                    
and  suggestions that Vilnius City Council does not  resolve                    
the    issue   concerning   the   economic   and   strategic                    
infrastructure of the city, does not  effectively  supervise                    
the activities of the Board, does not have the conception of                    
the   city  territory  supervision  for  which  reason   the                    
activities   of  the  Council  of  People's   Deputies   are                    
diminished,  does  not exercise control of  the  process  of                    
privatization, constant violations of the directives of  the                    
Government  concerning the lease of uninhabited lodging  can                    
be  observed,  it  rents plots of land on a  non-competition                    
basis and the organization of the privatization of the plots                    
of  land  is  insufficient.  Some  officials  abusing  their                    
official position, have acquired or changed their flats.  In                    
the conclusions and suggestions it is specified that Vilnius                    
City  Council  and  its Board have made  violations  of  the                    
financial discipline in establishing the tariffs of  housing                    
maintenance, did not ensure the supply of the citizens  with                    
hot  water  according to fixed timetables as well  as  other                    
violations established in certificates No 4, No 5, No 6.                        
      However,  the  Commission, having enumerated  all  the                    
above  mentioned violations, did not qualify them  according                    
to  the provisions prescribed in Part 1 of Article 28 of the                    
Law "On the Fundamentals of Local Government" as well as did                    
not  shape   the  conclusion concerning the  dissolution  of                    
Vilnius  City  Council,  presenting  the  Seimas  only   two                    
alternative decisions.                                                          
     The Seimas of the Republic of Lithuania in the decision                    
"On  the  dissolution  of  Vilnius  City  Council  and  some                    
measures   necessary   to  improve   activities   in   local                    
governments"  did  not  specify  legal  motives,  i.e.   the                    
decision does not specify which decisions and regulations of                    
Vilnius City Council and local government contradict the law                    
of  the  Republic of Lithuania and the constitutional rights                    
of the citizens.                                                                
      The  Seimas, having adopted the unmotivated  decision,                    
violated  the provision of Part 2 of the Law of the Republic                    
of  Lithuania  "On  the Fundamentals of  Local  Government",                    
which  is  based on Article 123 of the Constitution  of  the                    
Republic of Lithuania.                                                          
      Pursuant  to  Article 102 of the Constitution  of  the                    
Republic of Lithuania as well as Articles 53, 54, 55 and  56                    
of  the Law on  the Constitutional Court, the Constitutional                    
Court has taken the following decision:                                         
                                                                                
     The Seimas decision, adopted on April 15, 1993, "On the                    
dissolution of Vilnius                                                          
City  Council  and some measures necessary  to  improve  the                    
activities in local governments" contradicts Article 123  of                    
the Constitution of the Republic of Lithuania.                                  
     This decision of the  Constitutional Court is final and                    
shall not be appealed against.                                                  
      The  decision is promulgated on behalf of the Republic                    
of Lithuania.                                                                   
     Justices of the Constitutional Court:                                      
                                                                                
Algirdas Gailiūnas                Kęstutis Lapinskas                            
                                                                                
Zigmas Levickis                   Vladas Pavilonis                              
                                                                                
Pranas Vytautas Rasimavičius      Stasys Stačiokas                              
                                                                                
Teodora Staugaitienė              Stasys Šedbaras                               
                                                                                
Juozas Žilys