Case No 14/93

Case No 14/93 Case No 14/93 THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA R U L I N G On the compliance of the Seimas of the Republic of Lithuania Resolution "On the formation of the Central Electoral Committee", adopted 25 March 1993, with the Constitution of the Republic of Lithuania 7 July 1994, Vilnius The Constitutional Court of the Republic of Lithuania, composed from the Justices of the Constitutional Court Algirdas Gailiûnas, Kæstutis Lapinskas, Zigmas Levickis, Pranas Vytautas Rasimavièius, Stasys Staèiokas, Teodora Staugaitienë, Stasys Ðedbaras and Juozas Þilys, the secretary of the hearing - Rolanda Stimbirytë, the petitioner - Andrius Kubilius, representative of a group of Seimas members, the party concerned - Seimas deputy Chairman Juozas Bernatonis representative of the Seimas, pursuant to Part 1, Article 102 of the Constitution of the Republic of Lithuania and Part 1, Article 1 of the Law on the Constitutional Court of the Republic of Lithuania, in its public court hearing of 5 July 1994 conducted the investigation of Case No 14/93 subsequent to the petition submitted to the Court by a group of the Seimas members requesting to investigate if the Seimas of the Republic of Lithuania Resolution "On the formation of the Central Electoral Committee", adopted 25 March 1993, is in compliance with the Constitution of the Republic of Lithuania. The Constitutional Court has established: On 25 March 1993, the Seimas of the Republic of Lithuania passed the Resolution "On the formation of the Central Electoral Committee" (Official Gazette "Valstybës þinios", No 11-269, 1993). The Seimas in item 3 of said Resolution specified that the newly formed Central Electoral Committee had to carry out the activities and resolve the issues left by the previous Central Electoral Committee. The petitioner - a group of the Seimas members - requests to investigate if the Seimas Resolution "On the formation of the Central Electoral Committee" is in conformity with item 13 of Article 67 of the Constitution. In the request the petitioner has specified that item 13 of Article 67 of the Constitution establishes that the Seimas is entitled to the right only to form the Central Electoral Committee and change its composition. Article 5 of the Constitution runs that "the scope of powers of the State shall be defined by the Constitution", which means that the Seimas has no power to commission the Central Electoral Committee in any way. In the Court hearing the petitioner's representative emphasized that the Seimas under item 3 of the Resolution in dispute had obligated the Central Electoral Committee to meet the requirements set forth in the Law on Elections to the Seimas. After the Central Electoral Committee had complied with such a requirement, the powers of three members of the Seimas were unlawfully terminated. However, the Law on Elections to the Seimas did not entitle the Committee to the right to terminate the powers of the Seimas members. The Central Electoral Committee, while terminating the powers of the three members of the Seimas, relied on the imperative item of the Seimas Resolution in dispute, that contradicts the Constitution. In the opinion of the representative of the party concerned, the Seimas, while adopting the Resolution in dispute, implemented the provision of item 13 of Article 67 of the Constitution that the Seimas had the right to form the Central Electoral Committee and change its composition. Taking into consideration that new principles of the formation of the Central Electoral Committee have been set forth in the Law "On Partial Amending and Appending the Law on Elections to the Seimas of the Republic of Lithuania", the Seimas by item 1 of said Resolution terminated the activities of the Central Electoral Committee then operating, because its composition did not conform to the provisions of the Law on Elections to the Seimas. The Seimas under item 2 of said Resolution formed a new Central Electoral Committee, conforming to the principles prescribed by the Law on Elections to the Seimas. The Seimas by item 3 of said Resolution did not obligate the Central Electoral Committee in any specific way, but only defined the continuity of the newly formed Central Electoral Committee with its predecessor, emphasizing its duty to carry out the work and resolve the issues left by the former Central Electoral Committee. On the basis of the above mentioned arguments, the representative of the party concerned requests the Constitutional Court to recognize that the Seimas Resolution "On the formation of the Central Electoral Committee", adopted 25 March 1993, is in conformity with the Constitution of the Republic of Lithuania. The Constitutional Court holds that: The Seimas' prerogative to enact laws is established in item 2, Article 67 of the Constitution. In the third part of Article 55 of the Constitution it is determined: "The electoral procedure shall be established by law". This means that the Seimas by laws determines the electoral procedure and the powers of institutions organizing and conducting elections. Item 13 of Article 67 also entitles the Seimas to the right to form the Central Electoral Committee and change its composition. This provision also means that the prerogative of the Seimas to change the composition of the Central Electoral Committee is not defined by any criteria, although it is restricted by appropriate provisions of the Law on Elections to the Seimas adopted by the Seimas itself (Constitutional Court ruling of 30 June 1994). The elections to the Seimas were conducted prior to the enforcement of the Constitution, conforming to the Law on Elections to the Seimas passed by the Supreme Council on 9 July 1992. The elections were organized and conducted by the Central Electoral Committee in accordance with said Law. After the elections, on 16 March 1993 the Seimas adopted the Law "On Partial Amending and Appending to the Law on Elections to the Seimas of the Republic of Lithuania", under which the principles of the formation of the Central Electoral Committee" have been amended. By way of implementing the Law on Elections to the Seimas, on 25 March 1993 the Seimas passed Resolution "On the formation of the Central Electoral Committee", under item 1 of which terminated the activities of the Central Electoral Committee formed by the Supreme Council, and under item 2 of which formed a new Central Electoral Committee. Thus, the Seimas implemented its constitutional prerogative to form the Central Electoral Committee and change its composition. This does not contradict item 13 of Article 67 of the Constitution. The newly formed Central Electoral Committee must perform the functions established for the Central Electoral Committee in the Law on Elections to the Seimas, including the work left by the former Central Electoral Committee. The legal analysis of the text of item 3 of Seimas Resolution in dispute allows one to maintain that it does not contain any newly established legal norms, any new obligations or tasks with regard to the Central Electoral Committee; it is only emphasized in said Resolution that the duty of the newly formed Central Electoral Committee is to meet the requirements set forth in the Law on Elections to the Seimas. Such a provision of item 3 of the Resolution in dispute may not be interpreted as exceeding of Seimas' competence or violation of the right vested in the Seimas according to item 13, Article 67 of the Constitution - to form the Central Electoral Committee and change its composition. 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 has passed the following ruling: To recognize that the Seimas Resolution "On the formation of the Central Electoral Committee", adopted 25 March 1993, is 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 Gailiûnas Kæstutis Lapinskas Zigmas Levickis Vladas Pavilonis Pranas Vytautas Rasimavièius Stasys Staèiokas Teodora Staugaitienë Stasys Ðedbaras Juozas Þilys