Material No 32/94

Material No 32/94 Material No 32/94 THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA D E C I S I O N On the refusal to hear the petition submitted by Ðiauliai District Court requesting to investigate if item 5 of the decision of the Executive Committee of Ðiauliai Council of People's deputies "On the allotment of plots of land for the construction of state and co-operative buildings and on the transferral of buildings" of 17 July 1989 is in compliance with the Constitution of the Republic of Lithuania 5 November 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, Teodora Staugaitienë, Stasys Ðedbaras and Juozas Þilys, the secretary of the hearing - Rolanda Stimbirytë, in the procedural sitting of the Constitutional Court considered the petition submitted by Ðiauliai District Court requesting to examine if item 5 of the decision of the Executive Committee of Ðiauliai Council of People's deputies "On the allotment of plots of land for the construction of state and co-operative buildings and on the transferral of buildings" of 17 July 1989 is in compliance with the Constitution of the Republic of Lithuania. The Constitutional Court has established: The petitioner - Ðiauliai District Court requests to investigate if item 5 of the decision of the Executive Committee of Ðiauliai Council of People's deputies "On the allotment of plots of land for the construction of state and co-operative buildings and on the transferral of buildings" of 17 July 1989 is in compliance with Article 7 of the Constitution. The petitioner's request is based on the fact that the Executive Committee of Ðiauliai Council of People's deputies on 17 July 1989 transferred a residential house and other buildings in 11 Kraþiø str., Ðiauliai, for the Executive Board of Ðiauliai Ðv. Jurgis (St. George) catholic Parish in the absence of an appropriate law. The Law "On the Restoration of Houses of Prayer and Other Buildings for Religious Communities" was adopted only on 14 February 1990, i. e. after the adoption of the decision in question. Consequently, the Court faced the question whether the decision in dispute passed by the Executive Committee of Ðiauliai Council of People's deputies conformed to Article 7 of the Constitution. The Constitutional Court holds that: Pursuant to Article 105 of the Constitution and Article 1 of the Law on the Constitutional Court, the Constitutional Court shall consider and adopt decisions concerning the conformity of laws and other legal acts adopted by the Seimas, also legal acts of the President and of the Government, with the Constitution or laws of the Republic of Lithuania. In certain cases the Constitutional Court shall submit conclusions to the Seimas and President of the Republic. The petitioner in the ruling requests to decide whether the legal act adopted by the executive body of the local government Council corresponds with the Constitution. However, the Constitution and the Law on the Constitutional Court does not entitle the Constitutional Court to the right to decide the conformity of the legal act adopted by the executive body of local government Council with the Constitution, therefore the hearing of such request does not fall under the jurisdiction of the Constitutional Court. Conforming to item 2, part 1, Article 69, and item 3, part 2, Article 28 of the Law on the Constitutional Court of the Republic of Lithuania, the Constitutional Court has passed the following decision: To refuse to examine the petition. Justices of the Constitutional Court: Algirdas Gailiûnas Kæstutis Lapinskas Zigmas Levickis Vladas Pavilonis Pranas Vytautas Rasimavièius Teodora Staugaitienë Stasys Ðedbaras Juozas Þilys