“A law (or part thereof) of the Republic of Lithuania or another act (or part thereof) of the Seimas, an act of the President of the Republic, or an act (or part thereof) of the Government may not be applied from the day of the official publication of the decision of the Constitutional Court that the act in question (or part thereof) is in conflict with the Constitution of the Republic of Lithuania. The decisions of the Constitutional Court on the issues assigned to its competence by the Constitution shall be final and not subject to appeal. In the case heard subsequent to an application by a person referred to in the fourth paragraph of Article 106 of the Constitution, the decision of the Constitutional Court that a law (or part thereof) of the Republic of Lithuania or another act (or part thereof) of the Seimas, an act of the President of the Republic, or an act (or part thereof) of the Government is in conflict with the Constitution shall constitute a basis for renewing, according to the procedure established by law, the proceedings regarding the implementation of the violated constitutional rights or freedoms of the person. On the basis of the conclusions of the Constitutional Court, the Seimas shall take a final decision on the issues set forth in the third paragraph of Article 105 of the Constitution.”
A law or other act may not be applied from the day the Constitutional Court's decision that it conflicts with the Constitution is officially published. The Court's decisions on matters within its competence are final and not subject to appeal. A decision in a case brought by an individual is grounds for reopening proceedings, and the Seimas takes the final decision on matters covered by the Court's conclusions.
When the Constitutional Court announces that, for example, a provision of a tax law conflicts with the Constitution, the tax authority may no longer apply it from the day of publication. That decision cannot be appealed to any other court.
The exam checks when a conflicting act stops applying (from official publication of the decision) and whether decisions can be appealed (no, they are final). Remember that the final decision on conclusions belongs to the Seimas.
Practice with questions about this article