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:
- 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.
- 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.
- 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.
- 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