Case No 13/94

Case No 13/94 Case No 13/94 THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA D E C I S I O N On the dismissal of the initiated legal proceedings of the case concerning the compliance of the Government of the Republic of Lithuania Resolution No 146 "On the restoration of buildings for religious communities" of 28 February 1994 with the fifth part of Article 43 of the Constitution of the Republic of Lithuania, Articles 2 and 4 of the Restitution of the Status of Catholic Church in Lithuania Act, and Articles 1 and 3 of the Law of the Republic of Lithuania "On the Restoration of Houses of Prayer and Other Buildings for Religious Communities" of 14 February 1990 29 September 1994, Vilnius The Constitutional Court of the Republic of Lithuania, composed from the Justices of the Constitutional Court Algirdas Gailiûnas, Kæstutis Lapinskas, Zigmas Levickis, Vladas Pavilonis, Pranas Vytautas Rasimavièius, Stasys Staèiokas, Teodora Staugaitienë, Stasys Ðedbaras and Juozas Þilys, the secretary of the hearing - Rolanda Stimbirytë, the petitioner - Seimas member Antanas Napoleonas Stasiðkis and Zenonas Juknevièius, representatives of a group of Seimas members, the party concerned - Jadvyga Aleksaitë, representative of the Government of the Republic of Lithuania, head of the Department of Private Ownership under the Ministry of Justice of the Republic of Lithuania, in the court hearing of Case No 13/94 subsequent to the petition submitted by a group of the Seimas of the Republic of Lithuania members requesting to investigate if the Government of the Republic of Lithuania Resolution No 146 "On the restoration of buildings for religious communities" of 28 February 1994 is consistent with the fifth part of Article 43 of the Constitution of the Republic of Lithuania, Articles 2 and 4 of the Restitution of the Status of Catholic Church Act, and Articles 1 and 3 of the Law of the Republic of Lithuania "On the Restoration of Houses of Prayer and Other Buildings for Religious Communities", has established: The representative of the party concerned requests to dismiss the initiated legal proceedings of the case because the Government has recognized the Resolution in dispute null and void. The Constitutional Court holds that: On 23 September 1994 the Government adopted Resolution No 881 "On the recognition of the Government of the Republic of Lithuania Resolution No 146 of 28 February 1994 null and void" (Official Gazette "Valstybës Þinios", No 75 - 1415, 1994). The Government under this Resolution recognized the disputable legal act null and void. The annulment of the act of law in dispute shall be grounds to adopt a decision to dismiss the initiated legal proceedings. Conforming to the fourth part of Article 69 of the Law on the Constitutional Court, the Constitutional Court has passed the following decision: To dismiss the initiated legal proceedings of the case. Justices of the Constitutional Court: Algirdas Gailiûnas Kæstutis Lapinskas Zigmas Levickis Vladas Pavilonis Pranas Vytautas Rasimavièius Stasys Staèiokas Teodora Staugaitienë Stasys Ðedbaras Juozas Þilys