What Are the Laws and Other Legal Acts Whose Compliance with the Constitution is Subject to Review by the Constitutional Court?

Abstract

Article 102 of the Constitution provides that the Constitutional Court has the powers to decide whether the laws and other acts of the Seimas are not in conflict with the Constitution and whether the acts of the President of the Republic and the Government are not in conflict with the Constitution or laws. This list of legal acts is neither exhaustive nor final. The Constitutional Court has held that, under the Constitution, it has the powers to decide whether: 1) laws are not in conflict with the Constitution and constitutional laws; 2) resolutions and other sub-statutory acts adopted by the Seimas are not in conflict with the Constitution, constitutional laws, laws, and the Statute of the Seimas; 3) the Statute of the Seimas is not in conflict with the Constitution and constitutional laws; 4) resolutions and other acts of the Government are not in conflict with the Constitution, constitutional laws, and laws; 5) decrees of the President of the Republic and other acts of the President of the Republic are not in conflict with the Constitution, constitutional laws, and laws. The Constitutional Court also enjoys the powers to decide whether laws adopted by a national referendum regarding alteration of the Constitution are not in conflict with the Constitution. The Constitutional Court investigates the compliance of not only valid laws with the Constitution, but also that of no longer valid (nullified) laws and other legal acts with the Constitution, as well as the compliance of laws and other legal acts, which were adopted by the Seimas and were officially published, with the Constitution regardless of the established date of the beginning of the application of such laws and other legal acts. The Constitutional Court has the powers to investigate whether any law or other legal act adopted by the Seimas, also whether any act of the President of the Republic or any other act of the Government is not in conflict with the Constitution irrespective of whether a respective legal act is (or could be) marked top secret, secret, or confidential, or bears any other marking.