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Article 105: Competence of the Constitutional Court

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Constitution Text

“The Constitutional Court shall consider and adopt decisions on whether the laws of the Republic of Lithuania or other acts adopted by the Seimas are in conflict with the Constitution of the Republic of Lithuania. The Constitutional Court shall also consider whether the following are in conflict with the Constitution and laws: 1) the acts of the President of the Republic; 2) the acts of the Government of the Republic. The Constitutional Court shall present conclusions on: 1) whether there were the violations of election laws during the elections of the President of the Republic or the elections of the Members of the Seimas; 2) whether the state of health of the President of the Republic allows him to continue to hold office; 3) whether the international treaties of the Republic of Lithuania are in conflict with the Constitution; 4) whether the concrete actions of the Members of the Seimas and state officials against whom an impeachment case has been instituted are in conflict with the Constitution.”

Summary

The Constitutional Court decides whether laws and other acts of the Seimas conflict with the Constitution, and whether acts of the President and the Government conflict with the Constitution and laws. It also gives conclusions on four matters: election-law violations, the President's health, international treaties and impeachment.

Key Points

  • •The Court decides whether laws and other acts of the Seimas conflict with the Constitution.
  • •The Court reviews whether acts of the President and the Government conflict with the Constitution and laws.
  • •Conclusion 1: whether election laws were violated during the election of the President or Members of the Seimas.
  • •Conclusions 2 and 3: whether the President's state of health allows him to continue in office; whether international treaties conflict with the Constitution.
  • •Conclusion 4: whether the concrete actions of Members of the Seimas or state officials facing impeachment conflict with the Constitution.

Practical Example

During impeachment proceedings the Seimas asks the Constitutional Court for a conclusion on whether a Member's actions conflict with the Constitution; only after that conclusion does the Seimas vote on removal. After elections the Court may also be asked whether election laws were violated.

Exam Tips

Distinguish decisions (on the conformity of acts) from conclusions (four matters). The exam often asks what the Constitutional Court gives conclusions on, so memorise all four cases.

Test Your Knowledge

Practice with questions about this article