its public hearing of 15 February 1994 conducted the
vestigation of Case No 9/93 subsequent to the petitions submitted to the Court by a group of the Seimas of the Republic of Lithuania members requesting to
vestigate the compliance of Articles 9, 93, 96,10 and 101 of Part II of the Statute of the Seimas of the Republic of Lithuania with Articles 66 and 89 of the Constitution of the Republic of Lithuania. The Constitutional Court has established: On 20 May 1993, the Seimas of the Republic of Lithuania adopted Part II of the Statute of the Seimas named "Structure of the Seimas" (Parliamentary Record, No 17 - 428, 1993).
the first part of Article 9 of this Part it is established: "Sittings of the Seimas shall be presided over by the Chairperson of the Seimas or Deputy Chairperson of the Seimas. There shall be three Deputy Chairpersons of the Seimas".
the second part of Article 93 it is set forth: "The Seimas Board shall consist of the Chairperson of the Seimas, three Deputy Chairpersons and the Chancellor of the Seimas".
it is determined: "The Chairperson of the Seimas of the Republic of Lithuania shall: - 4) propose candidates to the posts of Deputy Chairpersons and the Chancellor of the Seimas to the Seimas".
it is stipulated: "At the behest of the Chairperson of the Seimas, Deputy Chairpersons shall perform certain functions of the Chairperson. The Seimas Board may determine the guidelines of the activities of the Deputy Chairpersons.
the event that the Chairperson of the Seimas is temporarily absent or has fallen ill and by reason thereof is unable to fulfill his or her duties of office, at the behest of the Seimas, the duties of the Chairperson of the Seimas shall be performed by one of the Deputy Chairpersons for a specified period. If,
the case specified
of the Constitution, the Chairperson of the Seimas is temporarily carrying out the duties of the President of the Republic, and as the result thereof has lost his or her powers
the Seimas, the duties of the Chairperson of the Seimas shall be temporarily carried out by a Deputy Chairperson at the behest of the Seimas. Resolutions (preliminary or adopted for a particular case) concerning the temporary performance of the duties of the Chairperson of the Seimas or substituting the Chairperson of the Seimas shall be adopted by the Seimas on the motion of the Seimas Chairperson".
the first and the second parts of Article 101 it is specified: "The Chairperson of the Seimas, or,
the absence of the Chairperson, the Deputy Chairperson, may voice his or her opinion or the opinion of the Seimas Board on the issues under consideration out of turn provided that he or she is not presiding over the sitting. During the session, the Chairperson of the Seimas, the Deputy Chairpersons and the Chancellor of the Seimas shall, at least once a month, answer questions concerning the performance of their duties submitted beforehand by the Seimas members". The petitioner - a group of the Seimas members - request the Constitutional Court to recognize that Articles 9, 93, 96,10 and 101 of Part II of the Statute of the Seimas contradict Article 66 of the Constitution of the Republic of Lithuania specifying that: "The Chairperson or Deputy Chairperson of the Seimas shall preside over sittings of the Seimas", and the first part of Article 89 of the Constitution which prescribes: "
the event that the President dies, resigns or is removed from office according to impeachment proceedings, or if the Seimas resolves that the President of the Republic is unable to fulfill the duties of office for reasons of health, the duties of the President shall temporarily be passed over to the Seimas Chairperson.
such a case, the Chairperson of the Seimas shall lose his or her powers
the Seimas, and at the behest of the Seimas, the duties of Chairperson shall temporarily be carried out by the Deputy Chairperson". The petitioner bases his request on the fact that three Deputy Chairpersons are stipulated
, 93, 96, 10 and 101 of Part II of the Seimas Statute, whereas, Articles 66 and 89 of the Constitution provide for only one Deputy Chairperson, therefore, the petitioner requests to recognize that the provision that there shall be three Deputy Chairpersons, of the Seimas, specified
, 93, 96, 10 and 101 of Part II of the Seimas Statute, is not
compliance with the Constitution of the Republic of Lithuania. A petitioner's representative explained
the court hearing that, conforming to Articles 66 and 89 of the Constitution of the Republic of Lithuania, the Chairperson of the Seimas and the Deputy Chairperson of the Seimas are two officials of the constitutional rank.
case prescribed by the first part of Article 89 of the Constitution, when the Seimas Chairperson loses his or her powers
the Seimas at the behest of the Chairperson, the duties of Chairperson shall temporarily be carried out by the Deputy Chairperson. During preliminary
vestigation of the case and
the court hearing, a representative of the party concerned explained that,
his opinion, Articles 9, 93, 96, 10 and 101 of Part II of the Statute of the Seimas do not contradict the Constitution and submitted the following arguments: 1.
the first part of Article 66 of the Constitution the procedure of presiding over the sittings of the Seimas is established. It is stipulated
this norm of the Constitution, which two officials shall alternatively preside over sittings of the Seimas. Thus, there is no doubt that one - person principle and not collegiate one of presiding over sittings of the Seimas is prescribed by Article 66 of the Constitution. This Article does not define the number of Deputy Chairmen of the Seimas but specifies who shall preside over sittings of the Seimas. 2. The statement of the petitioner's representative, that a conclusion is to be drawn upon the first part of Article 89 of the Constitution that there may be only one Deputy Chairperson, is groundless.
said Article of the Constitution not the number of Deputy Chairpersons is established but the regulation that,
the event that the Chairperson of the Seimas shall lose his or her powers
the Seimas
case prescribed by this Article, at the behest of the Seimas, the duties of Chairperson shall temporarily be carried out by the Deputy Chairperson. This means that, not the number of Deputy Chairpersons is determined
said Article of the Constitution but the powers of the Seimas are restricted
it, i.e. it is specified that the duties of the Chairman of the Seimas may temporarily be delegated only to the Deputy Chairperson of the Seimas and not to any Seimas member. 3. The statement of the petitioner's representative that there must be only one Deputy Chairman of the Seimas, contradicts the logical meaning of the first part of Article 89 of the Constitution, as it is established
this Article, that, at the behest of the Seimas, the duties of Chairperson shall temporally be carried out by the Deputy Chairperson. Such authorisation is necessary only
cases when there are more than one Deputy Chairmen. If only one Deputy Chairperson were elected, the Seimas, upon his or her election, would resolve the issue who
case the Chairperson of the Seimas loses his or her powers
the Seimas, must temporarily perform his or her duties as the Constitution does not provide for another alternative. 4. The Structure of the Seimas is not determined
the Constitution - neither the Seimas Board, nor Assembly of Spokesmen, nor Committees, nor Commissions, nor factions are stipulated
it. This does not mean, however, that the formation of said structural derivatives contradict the Constitution.
of the Constitution it is emphasized: "The structure and procedure of activities of the Seimas shall be determined by the Statute of the Seimas". This means, that the Constitution has entitled the Seimas to the prerogative to establish such
ner structure and procedure of activities that would ensure the possibility to implement the powers prescribed
the Constitution and provide every Seimas member with conditions to exercise the powers of the People's representative. The representative of the party concerned has maintained that Articles 9, 93, 96,10 and 101 of Part II of the Seimas Statute do not contradict the Constitution also according to the extent of regulation and form. The Constitutional Court holds that:
of the Constitution it is prescribed that the People shall exercise the supreme sovereign power vested
them either directly or through their democratically elected representatives, and
the first part of Article 5 it is specified: "
Lithuania, the powers of the State shall be exercised by the Seimas, the President of the Republic and Government, and the Judiciary". The procedure of forming these
stitutions of power, the term of office, competence and democratic principles of their activities are determined
the Constitution. The Seimas as an
stitution of legislation while implementing its powers is
dependent within the limits prescribed by the Constitution, but it always must ensure permanent implementation of its powers stipulated
the Constitution.
of the Constitution titled "The Seimas" the Seimas composition and the procedure of its elections, the term of office, rights and duties of the Seimas members, the Seimas competence, the main procedures of law enactment as well as other prerogatives of the Seimas as an
stitution of legislation are established. The main provisions of legal status of state powers are set forth
the Constitution, however, the issues of organizing their
ternal activities as well as some other issues concerning their functioning are not resolved there, therefore a legislator shall adopt laws by which the legal status of
stitutions of power is given concrete expression. Law on the President of the Republic, Law on the Government, Law on the Constitutional Court, Law on Courts, also the Statute of the Seimas, which has the power of law, are of aforementioned kind. The Constitution does not contain the norms regulating the structure of the Seimas.
of the Constitution under the title "The Seimas" even the procedure of the election of the Seimas Chairperson is not established, though other powers, along with presiding over the sittings, are vested
him (Articles 70, 71, 89, 103, 140 and 149 of the Constitution).
of the Constitution it is prescribed that the structure and procedure of activities of the Seimas shall be determined by the Statute of the Seimas. Thus, the Seimas is entitled to the right to establish its own structure and procedure of activities. The structure of the Seimas is a system of
ner sub- units established
the Statute of the Seimas, which must ensure working capacity and effective functioning of the parliament, i.e. must provide the Seimas with necessary conditions and prerequisites for permanent implementation of its functions prescribed by the Constitution. The governing body of the Seimas is the most significant part
the system of structural units as only its functions are determined
the Constitution.
the Constitution it is set forth that sittings are the main form of the Seimas activities.
the first part of Article 66 of the Constitution it is stipulated that the Chairperson or Deputy Chairperson of the Seimas shall preside over sittings of the Seimas. Although only two duties of office of the governing body of the Seimas are mentioned
said Article, the contents of this norm has the meaning of organizational function, because said Article only specifies who shall preside over sittings of the Seimas, therefore, the conclusion that, issues concerning the structure shall be regulated by this norm, i.e. the number of Deputy Chairmen shall be established, may not be drawn. Conforming to the Constitution, the Chairperson of the Seimas is an official of the Seimas
whom
dependent constitutional powers are vested, and Deputy Chairperson of the Seimas,
accordance with the first part of Article 66 of the Constitution, may perform only one function, i.e. preside over sittings of the Seimas. The constitutional powers of the Chairperson of the Seimas shall be passed to the Deputy Chairperson of the Seimas only
the case prescribed by Article 89 of the Constitution, i.e. when he, at the behest of the Seimas, shall temporarily perform the duties of the Chairperson of the Seimas. The
terpretation that,
compliance with the first part of Article 89 of the Constitution, there must be only one Deputy Chairperson of the Seimas, is groundless.
the first part of Article 89 of the Constitution it is established that,
case when the duties of the President of the Republic shall be temporarily passed over go to the Chairperson of the Seimas, the latter shall lose his or her powers
the Seimas, and at the behest of the Seimas, the duties of the Chairperson shall temporarily be carried out by the Deputy Chairperson. This constitutional provision establishes not the number of Deputy Chairpersons but the Seimas prerogative at its behest to constitute the delegation of the powers of Chairperson of the Seimas to another person - Deputy Chairperson of the Seimas. This means, that nobody else except the Seimas may change the status of the Deputy Chairperson of the Seimas, i.e. to entitle him to the right since concrete date for definite term to temporarily perform constitutional powers of the Seimas Chairperson. Such procedure of constituting is grounded on the Seimas' absolute right to resolve the issues concerning its
ner structure and formation of its governing body. The Seimas itself
its Statute determines the procedure of resolving said issues. Taking the constitutional status of the Seimas as legislative authority
to consideration, there must be created such structure and democratic procedure of activities of the Seimas that would enable the People's representative to constructively, effectively and permanently implement the supreme sovereign power of the People. Thus, the explanation, that the first part of Article 66 of the Constitution provides for only one Deputy Chairperson of the Seimas, is also groundless. When
cases prescribed by the first part of Article 89 of the Constitution, the Deputy Chairperson temporarily acting for the Chairperson of the Seimas falls ill or is unable to fulfill the duties of office for other reasons, this might cause disorder
the activities of the Seimas as there would be no official being capable of legally performing the constitutional function - presiding over sittings of the Seimas.
said event, elections of temporary Deputy Chairperson would become problematic, i.e. as a matter of fact, the activities of the Seimas would be disturbed. Neither Article 66 nor Article 89 restrict the Seimas
establishing the number of the Deputy Chairpersons of the Seimas. The Seimas,
accordance with Article 76 of the Constitution having established three Deputy Chairpersons
and 93 of Part II of the Statute of the Seimas, and having used the notion "Deputy Chairperson"
Articles 96,10 and 101, only implemented the right to determine the structure and procedure of activities of the Seimas, vested
him by the Constitution. Conforming 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 of the Republic of Lithuania, the Constitutional Court of the Republic of Lithuania has taken the following ruling : To recognize that Article 9, 93, 96,10 and 101 of Part II of the Statute of the Seimas are consistent with the Constitution of the Republic of Lithuania. This Constitutional Court ruling is final and not subject to appeal. The ruling 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
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