of the Law "On International Treaties of the Republic of Lithuania" in accordance with the contents of the norm does not contradict item 2 of Article 84 of the Constitution. Conforming to the above mentioned motives, the petitioner requests the Constitutional Court to investigate whether: 1) Article 12 of the Law "On International Treaties of the Republic of Lithuania" according to the extent of regulation does not contradict Part 3 of Article 138 of the Constitution; 2)
of the same Law in accordance with the contents of the norm does not contradict item 2 of Article 84 of the Constitution. II In the process of preparation of the case for the hearing, the representative of the petitioner - the Government has pointed out that Part 3 of Article 138 of the Constitution, stating that "international agreements which are ratified by the Seimas of the Republic of Lithuania shall be the constituent part of the legal system of the Republic of Lithuania", has singled out one way of concluding treaties: the decision of the Seimas to ratify a treaty. In the opinion of the representative of the petitioner, the procedure of ratification of a treaty may be considered as the process of legislation, because the decision of the Seimas, after the adoption of which the norms of international treaties become binding in the Republic of Lithuania, is necessary for ratification. While in the Law in dispute, besides ratification, two more ways of conclusion of international agreements are provided: after confirmation thereof by the Government or the Ministry of Foreign Affairs in the procedure established by the Government and after accession to an international treaty. The representative of the petitioner has explained during the process of the court hearing, that the Constitution, while consolidating the principle of division of powers, singled out the legislative and executive powers' functions and competence in accordance to which executive power institutions may not approve normative acts which by their legal force equates with the acts of the legislative institution. That means that only international treaties that are ratified by the Seimas may have the force of law, therefore Article 12 of the Law in dispute according to the extent of regulation partly contradicts Part 3 of Article 138 of the Constitution. The representative of the petitioner also doubts whether Part 4, Article 7 of the Law in dispute, stating that "The Government of the Republic of Lithuania shall submit by its own decision international treaties of the Republic of Lithuania to the Supreme Council of the Republic of Lithuania for ratification" (now to the Seimas), does not contradict item 2 of Article 84 of the Constitution. The representative of the petitioner bases this doubt on the fact that item 2 of Article 84 of the Constitution provides for that the President of the Republic "shall sign international treaties of the Republic of Lithuania and submit them to the Seimas for ratification", while other articles of the Constitution, which determine the competence of the Government, do not directly specify whether it may submit a treaty to the Seimas for ratification. The representative of the petitioner raises the presumption that item 2 of Article 84 of the Constitution may be also interpreted so, that only the President of the Republic "may submit the treaties signed by himself to the Seimas for ratification", however, according to the Constitution and the Law on the Constitutional Court, only the Constitutional Court has the right to interpret the Constitution. Taking into consideration the above mentioned and the general principle, according to which the institutions of power have the right to act only so as it is allowed by law (the Constitution), the representative of the petitioner thinks that
of the Law "On International Treaties of the Republic of Lithuania" according to its contents contradicts item 2 of Article 84 of the Constitution. The Constitutional Court holds that: Legal system of the Republic of Lithuania is grounded on that any law or other legal act, as well as international treaties of the Republic of Lithuania must not contradict the Constitution, as it is established in Part 1, Article 7 of the Constitution that: "Any law or other statute which contradicts the Constitution shall be invalid". This constitutional provision of itself cannot invalidate a law or an international treaty but it requires that the provisions thereof would not contradict the provisions of the Constitution. Otherwise the Republic of Lithuania would not be able to ensure legal defence of the rights of the parties of international treaties, which arise from those treaties, and this in its turn would hinder from fulfilling obligations according to the concluded international treaties. This would contradict the 1969 Vienna Convention on the Law of International Treaty, which was undertaken to respect and execute by the Republic of Lithuania according to the 29 January 1991 Declaration of the Supreme Council "On the Obligations of the Republic of Lithuania Arising out of International Treaties in Spheres of Diplomatic and Consular Relations". At the same time the most important principles of said Convention would be also violated, namely: pacta sunt servanda - "every treaty is binding to be performed" (Article 26 of the Convention) and "a party may not invoke the provisions of its internal law as justification for its failure to perform a treaty" (Article 27 of the Convention). It is important therefore that consecutive order of concluding, implementing and terminating international treaties would be established and that it would be in conformity with the provisions of the Constitution concerning international treaties as well as principles and norms of this sphere of international law. In the Republic of Lithuania the procedure of conclusion, implementation and termination of international treaties is regulated by the disputable in this Case Law "On International Treaties of the Republic of Lithuania" which was adopted on 21 May 1991, i.e. till the coming into force of the Constitution of the Republic of Lithuania. In this Law the authorizations for conclusion, implementation and termination of international treaties, which has been granted to those institutions of power, that during the adoption of the Law have been functioning according to the system of power consolidated in the Provisional Basic Law of the Republic of Lithuania, are established. Pursuant to the Constitution being in force, the said system has been changed in essence by establishing the institution of the President of the Republic as of the Head of State. The disputable Law has not been changed, taking into consideration this new system of power, i.e. it has not been coordinated with the Constitution, as it is required in Article 2 of the 6 November 1992 Law of the Republic of Lithuania "On the Procedure for the Enforcement of the Constitution of the Republic of Lithuania": "Laws, other legal acts, or parts thereof which were in effect on the territory of the Republic of Lithuania prior to the adoption of the Constitution of the Republic of Lithuania, shall be effective provided that they do not contradict the Constitution and this law, and shall remain effective until they are either declared null and void or coordinated with the provisions of the Constitution". Upon considering the petition of the Government submitted to the Constitutional Court requesting to investigate whether the provisions of Articles 7 and 12 of the Law "On International Treaties of the Republic of Lithuania" do not contradict the Constitution, it is necessary to take into account not only the formal comparison of the Constitution and the appropriate text of the articles of the disputable Law, indicated in the petition, but, having in mind that the Constitution is an integral statute (Part 1, Article 6 of the Constitution), also to that whether the provisions of this Law according to their meaning contradict both the indicated articles of the Constitution and the provisions which consolidate authority of newly established institutions of power. It is possible to answer this question only after having considered the provisions of the Constitution which consolidate the system of the institutions of power and their competence which has been changed. I. On the compliance of Article 12 of the Law of the Republic of Lithuania "On International Treaties of the Republic of Lithuania" with Part 3, Article 138 of the Constitution of the Republic of Lithuania.
of the Law "On International Treaties of the Republic of Lithuania" with item 2, Article 84 of the Constitution of the Republic of Lithuania. 1. It is established in item 2 of Article 84 of the Constitution that the President of the Republic "shall sign international treaties of the Republic of Lithuania and submit them to the Seimas for ratification". These authorizations of the President of the Republic are ways of execution of his general professional competence consolidated in item 1 of Article 84 of the Constitution ("The President of the Republic shall: 1) settle basic foreign policy issues and, together with the Government, implement foreign policy"). That also ensues from the general status of the President of the Republic which is established in Article 77 of the Constitution: he is the Head of State.
of the disputable Law, in which it is established that "The Government of the Republic of Lithuania shall submit by its own decision international treaties of the Republic of Lithuania to the Supreme Council of the Republic of Lithuania for ratification", would contradict whole item 2 of Article 84 of the Constitution, in case the exceptional integral (conjunctive) authorization of the President of the Republic to sign and submit his signed international treaties to the Seimas for ratification were provided for in this item. The conclusion should be made that this is not one united authorization but two independent authorizations: 1) to sign international treaties and 2) to submit international treaties signed by the President of the Republic himself and by other authorized officers of State to the Seimas for ratification. Here the essential question is whether only the President has such rights, i.e. whether it is prohibited for other institutions of State power to sign international treaties and to submit them to the Seimas for ratification.
of the disputable Law contradicts the provision of item 2, Article 84 of the Constitution that the President of the Republic "submit them to the Seimas for ratification". Such interpretation of the contents of the constitutional provisions and the reciprocity thereof is based on the change of authorizations of power institutions as well as of the contents of interrelations during the process of constitutional reform. The former system of the institutions of power established in the Provisional Basic Law of the Republic of Lithuania and authorizations thereof have been changed in essence after coming into force of the Constitution, taking into account real implementation of the principle of differentiation of powers. However, till now the process of conclusion of international treaties and especially of the ratification thereof, which would comply with the said provisions of the Constitution, is not concretely regulated by order of legislation. Therefore, while fulfilling the requirements established in Articles 2 and 3 of the 6 November 1992 Law of the Republic of Lithuania "On the Procedure for the Enforcement of the Constitution of the Republic of Lithuania" to coordinate the laws adopted until the enforcement of the Constitution with the provisions of the Constitution, the process of ratification of international treaties should be clearly determined on the basis of the Constitution and it should be established how the Government and other entities of power which conclude international treaties of the Republic of Lithuania should participate in said process. Conforming to Article 102 of the Constitution of the Republic of Lithuania and Articles 53, 54, 55 and 56 of the Law of the Republic of Lithuania on the Constitutional Court, the Constitutional Court has passed the following ruling: To recognize that: 1) the provision of Article 12 of the Law of the Republic of Lithuania "On International Treaties of the Republic of Lithuania" that international treaties of the Republic of Lithuania "shall have the force of law" does not contradict the Constitution of the Republic of Lithuania as much as it is applied to international treaties ratified by the Seimas; 2) the provision of Article 12 of the said Law that international treaties of the Republic of Lithuania "shall have the force of law" according to the extent of the regulated subject contradicts Part 3 of Article 138 of the Constitution of the Republic of Lithuania as much as it is applied to international treaties which are not ratified by the Seimas; 3)
of the said Law establishing that "The Government of the Republic of Lithuania shall submit by its own decision international treaties of the Republic of Lithuania to the Supreme Council of the Republic of Lithuania for ratification" contradicts the provision of item 2, Article 84 of the Constitution of the Republic of Lithuania that the President of the Republic "submit them to the Seimas for ratification". 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
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