Nauji legislatyvinės omisijos "nebuvimo" aspektai: pastabos Konstitucinio Teismo nutarimo paraštėse

Abstract

On 11 July 2014, the Constitutional Court adopted the ruling on the compliance of the provisions of the Law on Referendums with the Constitution. The Constitutional Court held that the Constitution gives rise to the necessity to establish the legal regulation in the Law on Referendums and the Law on the Central Electoral Commission, according to which the Central Electoral Commission should be granted the powers to assess whether a citizens’ initiative group for a referendum observes the requirements established by law for draft laws proposed to be put to a referendum, inter alia, whether a draft law amending the Constitution pays heed to the requirements stipulating that amendments to the Constitution may not violate the harmony of the provisions of the Constitution and must observe substantive limitations set on the alteration of the Constitution, as well as that this commission must refuse to register such a citizens’ initiative group whose draft law proposed to be put to a referendum is not in line with the said requirements. The Constitutional Court drew the conclusion that the powers of the Central Electoral Commission specified in both the Law on Référendums and the Law on the Central Electoral Commission had been consolidated implicitly, therefore, there was no legislative omission. There are grounds for a discussion on whether the arguments used by the Constitutional Court substantiate the decision given in the Constitutional Court’s ruling. [...]