3 3 Case No 14/94-15/94 THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA D E C I S I O N 27 June 1994, Vilnius The

3 3 Case No 14/94-15/94 THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA D E C I S I O N 27 June 1994, Vilnius The Constitutional Court of the Republic of Lithuania, composed from the 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, in the procedural sitting of the Constitutional Court examined the issue pertaining to the dismissal of the initiated legal proceedings of case No 14/94-15/94 The Constitutional Court has established: The petitioners - the Panel of Civil Cases of the Supreme Court and Vilnius 2nd District Court - request to investigate if item 1, Part 1, Article 26 of the Code of Civil Procedure of the Republic of Lithuania is in compliance with the first part of Article 109 of the Constitution of the Republic of Lithuania. The Panel of Civil Cases of the Supreme Court, while investigating the civil case in cassation procedure pursuant to the suit of stock-company "Transferas" lodged against the Panevėžys city board, faced the issue of the jurisdictional dependence of the case. The Panel of Civil Cases of the Supreme Court has stated that, under item 1, Part 1, Article 26 of the Code of Civil Procedure, this case as well as other cases pertaining to the disputes, the subjects of which are state, public, co-operative enterprises, establishments and organizations, are not within the jurisdiction of courts. The material, gathered for the suspended case, can prove, that the issue of falling of said dispute under the jurisdiction of State Arbitration was raised. Meanwhile, in accordance with the first part of Article 109 of the Constitution of the Republic of Lithuania, the courts shall have the exclusive right to administer justice. Besides, Article 124 of the Constitution establishes, that acts adopted by local governments in violation of the rights of citizens and organizations, may be appealed against in court. Due to the above mentioned reasons, the investigation of the case was suspended and it was decided to address the Constitutional Court of the Republic of Lithuania. Vilnius 2nd District Court, while investigating the civil case pursuant to the suit of the plaintiff - stock- company "TELE-3" - brought against the defendant - Radio and TV Centre of Lithuania - , also faced the issue of the jurisdictional dependence of the case. The representatives of the defendant have specified, that in conformity with Article 26 of the Code of Civil Procedure of the Republic of Lithuania, the case is not within the jurisdiction of the court, and said dispute among parties should be settled by State Arbitration. Therefore, Vilnius 2nd District Court suspended said civil case and passed the ruling to apply to the Constitutional Court. In the first part of Article 109 of the Constitution of the Republic of Lithuania it is determined, that the courts shall have the exclusive right to administer justice. While realizing this constitutional provision, the Seimas of the Republic of Lithuania on 12 April 1994 adopted the Provisional Law on Economic Court". In the first part of Article 1 of this Law it was set forth that: "A specialized court of the Republic of Lithuania, called the Economic Court of the Republic of Lithuania, is established instead of State Arbitration of the Republic of Lithuania, to ensure the court investigation of economic disputes arising from commercial activity". In the second part of this Article it is determined, that "Economic Court shall start its activity on the next day after the oath, taken by the appointed judges to the Republic of Lithuania". On 25 May 1994, the President of the Republic of Lithuania, by Decree No 300 appointed judges of the Economic Court. On 26 May 1994 these judges to be faithful to the Republic of Lithuania. Taking the fact, that State Arbitration of the Republic of Lithuania was liquidated by said acts, establishing the Economic Court instead, into consideration, the case under investigation is actually left without the subject matter of the dispute. The Constitutional Court holds that this is a ground for the dismissal of the initiated legal proceedings. Conforming to the fourth part of Article 69 of the Law on the Constitutional Court of the Republic of Lithuania, the Constitutional Court has taken the following decision: to dismiss the initiated legal proceedings of case No 14/94-15/94. Justices of the Constitutional Court: Algirdas Gailiūnas Kęstutis Lapinskas Zigmas Levickis Vladas Pavilonis Pranas Vytautas Rasimavičius Stasys Stačiokas Teodora Staugaitienė Stasys Šedbaras Juozas Žilys