the public court hearing of 8 July 1994 conducted the
vestigation of case No 5/94 subsequent to the petition submitted to the Court by a group of Seimas members requesting to
vestigate if Articles 10 and 11 of the Law of the Republic of Lithuania on Presidential Elections, adopted 22 December 1992, are consistent with the provision of item 13, Article 67 of the Constitution of the Republic of Lithuania. The Constitutional Court has established: On 22 December 1992 the Seimas of the Republic of Lithuania adopted the Law on Presidential Elections (Official Gazette "Valstybës Þinios" No 2-29, No 3-52, No 4-78, 1993). Article 10 of said Law prescribes that the elections of the President of the Republic of Lithuania shall be organized and conducted by: 1) the Electoral Committee for Elections of the President of the Republic ; 2) the town and district electoral committees; and 3) the electoral committees of electoral districts. Whereas Parts 1 and 2 of Article 11 establish that: "the Electoral Committee for Elections of the President of the Republic shall be the supreme
stitution for the organization of elections of the President of the Republic. The Electoral Committee for Elections of the President shall be made up by the Seimas at least 45 days prior to the election day". The petitioner - a group of Seimas members request the Constitutional Court to examine the conformity of the provisions of Article 10 and 11 of the Law on Presidential Elections, concerning the formation of the Electoral Committee for Elections of the President of the Republic, with the provision of item 13, Article 67 of the Constitution of the Republic of Lithuania. The petitioner's request is based on the following arguments. On 9 July the Supreme Council of the Republic of Lithuania adopted the Law on Elections to the Seimas of the Republic of Lithuania Article 12 of which reads: "The Central Electoral Committee shall be the supreme
stitution for the organization of elections." On 23 July of that year of the Central Electoral Committee was formed.
of the Constitution it is determined: "
Lithuania, the powers of the State shall be exercised by the Seimas, the President of the Republic and Government, and the Judiciary. The scope of powers shall be defined by the Constitution". Herefrom the conclusion is drawn that: the Seimas of the Republic of Lithuania has only those powers which are stipulated
of the Constitution of the Republic of Lithuania." The petitioner maintains that "item 13 of Article 67 of the Constitution of the Republic of Lithuania runs that the Seimas of the Republic of Lithuania shall form the Central Electoral Committee and change its composition. This constitutional provision clearly specifies that there may be only one supreme
stitution
the Republic of Lithuania for the organization of any elections and this
stitution shall be formed by the Seimas of the Republic of Lithuania. As it has already been mentioned, such Central Electoral Committee was set up on 23 July 1992 and was functioning at the moment when the Law on Presidential Elections was adopted Article 10 and 11 of which prescribed that the Electoral Committee for Elections of the President of the Republic should be made up by the Seimas. Such Committee was formed on the resolution of the Seimas on 29 December 1992." Conforming to the above mentioned motives, the petitioner requests the Constitutional Court to recognize that Articles 10 and 11 of the Law on Presidential Elections contradict the provision of item 13, Article 67 of the Constitution. During preliminary
vestigation of the case the representative of the party concerned explained that,
his opinion, Articles 10 and 11 of the Law on Presidential Elections were consistent with the provision of item 13, Article 67 of the Constitution and submitted the following arguments. 1. The petitioner's opinion that the constitutional provision concerning the Central Electoral Committee clearly specifies that there may be only one
stitution
the Republic of Lithuania for the organization of any elections, is groundless. According to the petitioners, the Central Electoral Committee would have to organize the elections of the Chairman, deputy Chairpersons, Chancellor of the Seimas as well as chairpersons of the local government Councils and all the other elected officials. However, the Central Electoral Committee is not the supreme
stitution for the organization of any elections. 2. "The Law on Presidential Elections prescribes that the elections of the President of the Republic shall be organized and conducted by the Electoral Committee for Elections of the President of the Republic, town and district electoral committees and the electoral committees of electoral districts that are formed by the Electoral Committee for Elections of the President of the Republic (Article 10). The only electoral committee set up for the whole country would not be able to organize and conduct the elections throughout the country, i. e. to hand out the ballot-papers to the electorate, to calculate the voices. The only way is to obligate the electoral committees of lower level to organize and conduct elections according to the powers vested
them." 3. The Constitution also does not prescribe that the Central Electoral Committee must conduct elections of the President of the Republic. Constitutional reference to the Seimas' right to form the Central Electoral Committee and change its composition is
cluded
Chapter "The Seimas" of the Constitution. This proves that the Central Electoral Committee shall doubtlessly be the supreme
stitution for the organization of elections to the Seimas." 4.
the opinion of the representative of the party concerned, it was necessary to form a separate Electoral Committee for Elections of the President of the Republic also due to the following circumstances: "1) The Central Electoral Committee was formed by the Supreme Council of Lithuania prior to the enforcement of the Constitution of the Republic of Lithuania. Consequently, it was not formed by the Seimas of the Republic of Lithuania as the Constitution requires; 2) The Seimas of the Republic of Lithuania acknowledged that it was necessary to form the supreme
stitution for the organization of elections of the President of Lithuania according to different regulations, as it had done the Supreme Council of the Republic of Lithuania while setting up the Central Electoral Committee; 3) The Seimas of the Republic of Lithuania could not change at that time the composition of the Central Electoral Committee formed by the Supreme Council of the Republic of Lithuania. During the adoption of the Law on Presidential Elections, the Central Electoral Committee participated as a party concerned
the
vestigation at the Supreme Court of cases pertaining to the drawing up of records of the vote calculation of the election to the Seimas. The changing of the composition of the Central Electoral Committee until the completion of the
vestigation of these cases would contradict the provisions of Article 5 of the Constitution of the Republic of Lithuania, as it would be
terference by the Seimas with the activity of the court." 5. "The Constitution of the Republic of Lithuania establishes only the formation of the Central Electoral Committee, however it does not regulate its powers. The competence of the Central Electoral Committee is determined
the Law on Elections to the Seimas. Said Law does not prescribe that the Central Electoral Committee shall also conduct elections of the President of the Republic. The Constitution entitles the Seimas to the right to enact laws. The Seimas
laws may establish norms that are
conformity to the Constitution. Thus, the Constitution does not prohibit the Seimas to authorize another committee to organize elections of the President of the Republic. Therefore, the Seimas, having announced elections of the President of the Republic, formed a separate
stitution for the organization and conduction of these elections - the Electoral Committee for Elections of the President of the Republic. This right of the Seimas is stipulated
items 2, 4, 5 of Article 67 of the Constitution." Conforming to these arguments, the representative of the party concerned requests the Constitutional Court to recognize that Articles 10 and 11 of the Law on Presidential Elections are
compliance with the provision of item 13, Article 67 of the Constitution. The Constitutional Court holds that: 1. The People shall exercise the sovereign power directly through two main organizational forms: national elections and referendum. The principles of their organization and the most important conditions are established
constitutional norms, and the procedure of their conduction is regulated by appropriate laws. The legal basis for said forms of democracy are Articles 2 and 4 of the Constitution as well as the citizens' suffrage (Articles 33, 34, Constitution). The 1992 Constitution provides for 3 types of national elections: elections to the Seimas, elections of the President of the Republic and elections to the councils of local governments. The principles of elections to the Seimas, requirements for the candidates to Seimas members, the date for the conduction of elections, cases of pre-term elections to the Seimas and the procedure for their organization are established
Chapter 6 of the Constitution determines the main principles of elections of the President of the Republic, requirements for the candidates to the post of the President, the procedure for their nomination, the date for the conduction of election and the essential rules for the establishment of election results (Articles 78-81), also cases of pre-term elections of the President of the Republic (Articles 87, 88), as well as the procedure for the announcement of new elections of the President of the Republic (Article 89). Finally, Chapter 10 of the Constitution prescribes democratic principles for elections to the councils of local governments and defines the term for the implementation of their powers (Article 119). The main provisions of referendum - the form of direct democracy - are formulated
of the Constitution which sets forth that "the most significant issues concerning the life of the State and the People shall be decided by referendum." The procedure for the announcement and execution of a referendum shall be established by law. These provisions have also been appended by constitutional norms which regulate legislation.
of the Constitution it is established that: "Provisions of the laws of the Republic of Lithuania may also be adopted by referendum." Chapter 14 of the Constitution specifies constitutional provisions that may be amended only by a referendum (Article 148). The above mentioned constitutional norms which establish the
stitutes of democracy and principles of their functioning are particularized by laws. Legislation is the exclusive prerogative of the Seimas which is restricted only by the constitutional norms. Therefore, the Seimas, while regulating the procedure of the functioning of
stitutes of democracy, is obliged by the following constitutional norms: a) the Seimas' powers established
are as follows: "3) the Seimas shall adopt resolutions for the organization of referenda; 4) the Seimas shall announce presidential elections of the Republic of Lithuania"; "13) the Seimas shall form the Central Electoral Committee and change its composition"; b) Article 84 determines such powers of the President of the Republic: "20) the President of the Republic shall announce regular elections to the Seimas, and,
cases set forth
part 2 of Article 58 of the Constitution, announce pre-term elections to the Seimas." 2. On July 1992 the Supreme Council of the Republic of Lithuania adopted the Law on Elections to the Seimas of the Republic of Lithuania. Article 10 of this Law establishes: "Elections to the Seimas shall be organized and conducted by: 1) the Central Electoral Committee; 2) the electoral committees of electoral areas; and 3) the electoral committees of electoral districts." The procedure of the formation of said committees and the underlying goals are specified
Articles 12, 13 and 14 of the above mentioned Law. For example, Article 12 determines that the Central Electoral Committee shall be the Supreme
stitution for the organization of elections", which "...shall supervise the implementation of this law, shall ensure that it is applied uniformly..." A separate Law (of 7 December 1989) has regulated the procedure for organization and conduction of elections to local government Councils.
of this Law it was set forth: "For the organization and conduct of elections to the local councils of people's deputies the following electoral committees shall be formed: The electoral committee of the Republic for the elections of deputies to local councils of people's deputies; the regional electoral committees for the elections of deputies to regional councils of people's deputies; the town electoral committees for the elections of deputies to town councils of people's deputies; the rural electoral committees for the elections to the rural councils of people's deputies; district electoral committees for the elections of deputies to district councils of people's deputies; electoral committees of electoral districts."
of the 1989 law on Referendum it is established that for the organization and execution of a referendum
the Republic the following committees shall be formed from among the citizens of the Republic of Lithuania: "1) the Referendum committee of the Republic; 2) the town and district referendum committees; 3) referendum committees of electoral districts"; The contents and pattern of the Law on Presidential Elections of the Republic of Lithuania was
fluenced by the tradition of legal regulation which existed
the period of the restoration of the State, when the procedure for the elections to separate state
stitutions was regulated by
dividual laws that were not directly related among themselves. It should not be ignored that the contents of said Law was also affected by the fact that elections of the President of Lithuania had to be organized within comparatively short period of time, because Article 89 of the Constitution establishing that an election for the President of the Republic "must be held within two months" and Article 6 of the Law on the Procedure for the Enforcement of the Constitution of the Republic of Lithuania entitling the Seimas to the right to prolong the term provided
"for a period not exceeding four months" were already
force at that time. Thus, on 22 December 1992 the Seimas adopted the Law on Presidential Elections. Article 10 thereof prescribes that the elections of the President of the Republic shall be organized and conducted by : 1) the Electoral Committee for Elections of the President of the Republic; 2) the town and district electoral committees; and 3) the electoral committees of electoral districts. Furthermore,
of said Law it is established that: "the Electoral Committee for Elections of the President of the Republic shall be the supreme
stitution for the organization of elections of the President of the Republic. The Electoral Committee for Elections of the President of the Republic shall be made up by the Seimas at least 45 days prior to the election day." 3. Up to now, the elections to various state
stitutions to be formed through national elections have been conducted according to separate laws meant for the formation of a specific
stitution, which prescribed that separate electoral committees should be set up for the formation of specific
stitutions. Such practice does not entirely conform to the constitutional provision that the Seimas "shall form the Central Electoral Committee and change its composition. Taking
to consideration that this provision is formulated
,
which the most important powers of the Seimas are defined, also that only one concrete
stitution for the organization of elections is mentioned
this Article, the conclusion is to be drawn that, under said provision, only one uniform and universal
stitution for the organization of elections - the Central Electoral Committee - must be formed. However, said constitutional provision has not been realized yet. Although, judging from the name, the Central Electoral Committee set up for elections to the Seimas could take the place of the above mentioned universal committee, but
fact it may not be considered as such because: 1) it does not have the powers
dispensable for the universal committee; 2) it was formed not
the procedure prescribed by the Constitution (it was made
1992 by the Supreme Council and not by the Seimas; even the Central Electoral Committee which was formed by the Seimas on 25 March 1993 has not become universal as it was not granted the appropriate functions of such committee and further remained a special committee for elections to the Seimas). Due to the above mentioned circumstances, other committees set up for elections to other state
stitutions could not have the status of the Central Electoral Committee either, the more so that some of them, for
stance the Electoral Committee for Elections of the President of the Republic, stopped their functioning after the elections. The constitutional provision pertaining to the uniform Central Electoral Committee should be realized only by legal establishment of its purpose
accordance with other constitutional provisions, of principles of formation and competence and - having co-ordinated other laws on elections with these provisions - by the formation of such universal Central Electoral Committee
the procedure prescribed by laws. Until all this is done, the norm established
of the Law "On the Procedure for the Enforcement of the Constitution of the Republic of Lithuania" specifying that "provisions of the laws of the Republic of Lithuania which determine the status of the supreme
stitutions 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" is binding. However, the present legal situation is to be
terpreted as ambiguous, as under this situation there remains a collision between said laws on elections which is preconditioned by the circumstance that the uniform supreme electoral
stitution has not been formed and its status has not been regulated yet. As this collision may not be resolved without special legal regulation, this legal situation is to be
terpreted as a lacuna. The Constitutional Court does not resolve issues concerning lacuna. This is the prerogative of the legislator. Therefore, the Constitutional Court holds that this case is to be dismissed. Conforming to item 2, Part 1, Article 69 as well as Part 3 of Article 69 of the Law on the Constitutional Court of the Republic of Lithuania, the Constitutional Court has passed the following decision: to dismiss the
itiated legal proceedings of case "On the compliance of Articles 10 and 11 of the Law on Presidential Elections with the Constitution 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
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