Case No. 12/94

Case No. 12/94 Case No. 12/94 THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA D E C I S I O N On the petition filed by a group of the Seimas members to investigate if the Law of the Republic of Lithuania on Credibility of Litas is in compliance with the Constitution of the Republic of Lithuania Vilnius, 4 January 1995 The Constitutional Court of the Republic of Lithuania, composed of the Justices of the Constitutional Court Algirdas Gailiûnas, Kæstutis Lapinskas, Zigmas Levickis, Vladas Pavilonis, Stasys Staèiokas, Teodora Staugaitienë, Stasys Ðedbaras and Juozas Þilys, the secretary of the hearing - Rolanda Stimbirytë, in its procedural sitting discussed the petition submitted by the petitioner - a group of the Seimas members requesting to investigate if the Law of the Republic of Lithuania on Credibility of Litas is in compliance with Article 125 of the Constitution of the Republic of Lithuania The Constitutional Court has established: The petitioner - a group of the Seimas members - requests to investigate if the Law of the Republic of Lithuania on Credibility of Litas (Official Gazette "Valstybës Þinios", No. 24-378, 1994) is in compliance with Article 125 of the Constitution. The petitioner grounds his request on the following arguments: Norms of the first and third parts of Article 2 as well as of the second part of Article 3 of the Law of the Republic of Lithuania on Credibility of Litas oblige the Bank of Lithuania to execute currency issue under conditions and to the extent established by other state institutions, they actually allow the Seimas and the Government to take part in the process of currency issue. At the same time said norms of the Law on Credibility of Litas liquidate self-dependence of the Bank of Lithuania in the sphere of currency issue, they virtually establish that the right of currency issue belongs not only to the Bank of Lithuania but also to other state institutions, and make formal the right of the bank currency issue. It is established in Article 5 of the Constitution that the powers of the State shall be exercised by the Seimas, the President of the Republic and the Government, and the Judiciary. It is also pointed out in this article that the scope of powers shall be defined by the Constitution. Authorizations of the Seimas are established in Article 67 of the Constitution. It does not grant the Seimas the right to regulate questions, the settlement of which in accordance with the Constitution is designated for the competence of other state institutions (in this case - of the Bank of Lithuania). The Seimas therefore, while establishing the rules in the Law on Credibility of Litas, the right to establish which, according to the Constitution, is vested in the Bank of Lithuania only, has exceeded its powers. The Constitutional Court holds that: On 17 March 1994 the Seimas adopted the Law of the Republic of Lithuania on Credibility of Litas, the norms of which established the procedure of issue of Litas of the Bank of Lithuania and regulated other matters related to that. The petitioner requests to investigate if the Law of the Republic of Lithuania on Credibility of Litas is in compliance with Article 125 of the Constitution, as, to his opinion, the exceptional right to currency issue of the Bank of Lithuania is restrained by this law. However, while giving reasons for his petition, the petitioner virtually motivates only by the provisions of the first and third parts of Article 2 and of the second part of Article 3 of this law. Restrictions of issue of the Bank of Lithuania, pointed out by the petitioner, first of all ensue from Article 3 of the Law of the Republic of Lithuania on Credibility of Litas. In the meanwhile, on 20 July 1994 the Seimas adopted the Law "On Amendment of Article 3 of the Law of the Republic of Lithuania on Credibility of Litas" ("Valstybës Þinios" No. 81-1516, 1994). On 1 December 1994 a new Law on the Bank of Lithuania was also adopted ("Valstybës Þinios" No. 99-1957, 1994), in Article 6 of which the exceptional right of the Bank of Lithuania to issue currency was respectively formulated. Since amendments of the law in dispute, and later of other laws, had been made, on 16 September 1994 a suggestion was made for the petitioner to more exactly define his petition and motives. The petitioner has not answered to this suggestion. The fact, that a part of the act in dispute has been annulled, and nobody has appealed to the Constitutional Court in regard with constitutionality of the new norms and no additional motives have been submitted, on the grounds of which it would be possible to investigate the issue concerning the unconformity of said law with the Constitution, shall form the basis to take the decision to terminate the commenced legal proceedings. Conforming to item 5, part 1, Article 69 and part 4 thereof and Article 28 of the Law on the Constitutional Court, the Constitutional Court shall take the following decision: To terminate the legal proceedings commenced in this case. Justices of the Constitutional Court: Algirdas Gailiûnas Kæstutis Lapinskas Zigmas Levickis Vladas Pavilonis Stasys Staèiokas Teodora Staugaitienë Stasys Ðedbaras Juozas Þilys