78

Case No. 32/06-49/06-57/06-58/06-59/06-60/06-61/06-62/06-65/06-66/06-67/06

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

RULING

ON THE COMPLIANCE OF PARAGRAPH 1 OF ARTICLE 187 OF THE LABOUR CODE OF THE REPUBLIC OF LITHUANIA, ITEMS 1 AND 2 OF THE RESOLUTION OF THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA (NO. 937) “ON INCREASING MINIMUM WORK REMUNERATION” OF 18 JULY 2003, ITEMS 1 AND 2 OF THE RESOLUTION OF THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA (NO. 316) “ON INCREASING MINIMUM WORK REMUNERATION” OF 24MARCH 2004, ITEMS 1 AND 2 (WORDINGS OF 4 APRIL 2005 AND 27MARCH 2006) OF THE RESOLUTION OF THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA (NO. 361) “ON INCREASING MINIMUM WORK REMUNERATION” OF 4 APRIL 2005, AND ITEM 1 (WORDING OF 27 MARCH 2006) OF THE RESOLUTION OF THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA (NO. 298) “ON INCREASING MINIMUM WORK REMUNERATION” OF 27 MARCH 2006 WITH THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA

20 March 2007

Vilnius

The Constitutional Court of the Republic of Lithuania, composed of the Justices of the Constitutional Court: Armanas Abramavičius, Toma Birmontienė, Egidijus Kūris, Kęstutis Lapinskas, Zenonas Namavičius, Ramutė Ruškytė, Vytautas Sinkevičius, Stasys Stačiokas, and Romualdas Kęstutis Urbaitis

The court reporter—Daiva Pitrėnaitė

Seimas members Saulius Pečeliūnas and Raimondas Šukys, acting as the representatives of a group of members of the Seimas of the Republic of Lithuania, a petitioner

Algirdas Sysas, Deputy Speaker of the Seimas, and Ona Buišienė, Director of the Legal Department of the Office of the Seimas, acting as the representatives of the Seimas of the Republic of Lithuania, the party concerned

The Constitutional Court of the Republic of Lithuania, pursuant to Articles 102 and 105 of the Constitution of the Republic of Lithuania and Article 1 of the Law on the Constitutional Court of the Republic of Lithuania, on 31 January 2007, 14 February 2007 and 19 February 2007, in its public hearings considered case No. 32/06-49/06-57/06-58/06-59/06-60/06-61/06-62/06-65/06-66/06-67/06 subsequent to:

– the petition of a group of members of the Seimas of the Republic of Lithuania, consisting of Saulius Pečeliūnas, Kazys Starkevičius, Donatas Jankauskas, Rytis Kupčinskas, Edmundas Pupinys, Vida Marija Čigriejienė, Raimondas Šukys, Arimantas Dumčius, Raimundas Palaitis, Liudvikas Sabutis, Henrikas Žukauskas, Povilas Jakučionis, Ramūnas Garbaravičius, Algirdas Monkevičius, Vaclovas Karbauskis, Vilija Aleknaitė-Abramikienė, Rimantas Jonas Dagys, Petras Auštrevičius, Vytautas Čepas, Gintaras Šileikis, Irena Degutienė, Jurgis Razma, Antanas Matulas, Vincė Vaidevutė Margevičienė, Audrius Endzinas, Algis Kašėta, Algirdas Vrubliauskas, Rimantas Remeika, Vytautas Sigitas Draugelis, Danutė Bekintienė, Dailys Barakauskas, a petitioner, requesting an investigation into whether Paragraph 1 of Article 187 of the Labour Code of the Republic of Lithuania, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 937) “On Increasing Minimum Work Remuneration” of 18 July 2003, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 316) “On Increasing Minimum Work Remuneration” of 24 March 2004, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 361) “On Increasing Minimum Work Remuneration” of 4 April 2005, and Items 1.1, 1.2 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 298) “On Increasing Minimum Work Remuneration” of 27 March 2006 are not in conflict with Paragraph 1 of Article 29, Paragraph 1 of Article 48 of the Constitution of the Republic of Lithuania and the constitutional principle of a state under the rule of law (petition No. 1B-31/2006);

– the petition of the Klaipėda Regional Administrative Court, a petitioner, requesting an investigation into whether Paragraph 1 of Article 187 of the Labour Code of the Republic of Lithuania, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 937) “On Increasing Minimum Work Remuneration” of 18 July 2003, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 316) “On Increasing Minimum Work Remuneration” of 24 March 2004, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 361) “On Increasing Minimum Work Remuneration” of 4 April 2005, and Items 1.1, 1.2 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 298) “On Increasing Minimum Work Remuneration” of 27 March 2006 are not in conflict with Paragraph 1 of Article 29, Paragraph 1 of Article 48 of the Constitution of the Republic of Lithuania and the constitutional principle of a state under the rule of law (petition No. 1B-54/2006);

– the petition of the Panevėžys Regional Administrative Court, a petitioner, requesting an investigation into whether Paragraph 1 of Article 187 of the Labour Code of the Republic of Lithuania, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 937) “On Increasing Minimum Work Remuneration” of 18 July 2003, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 316) “On Increasing Minimum Work Remuneration” of 24 March 2004, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 361) “On Increasing Minimum Work Remuneration” of 4 April 2005, and Items 1.1, 1.2 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 298) “On Increasing Minimum Work Remuneration” of 27 March 2006 are not in conflict with Paragraph 1 of Article 29, Paragraph 1 of Article 48 of the Constitution of the Republic of Lithuania and the constitutional principle of a state under the rule of law (petition No. 1B-62/2006);

– the petition of the Vilnius Regional Administrative Court, a petitioner, requesting an investigation into whether Paragraph 1 of Article 187 of the Labour Code of the Republic of Lithuania, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 937) “On Increasing Minimum Work Remuneration” of 18 July 2003, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 316) “On Increasing Minimum Work Remuneration” of 24 March 2004, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 361) “On Increasing Minimum Work Remuneration” of 4 April 2005, and Items 1.1, 1.2 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 298) “On Increasing Minimum Work Remuneration” of 27 March 2006 are not in conflict with Paragraph 1 of Article 29, Paragraph 1 of Article 48 of the Constitution of the Republic of Lithuania and the constitutional principle of a state under the rule of law (petition No. 1B-64/2006);

– the petition of the Vilnius Regional Administrative Court, a petitioner, requesting an investigation into whether Paragraph 1 of Article 187 of the Labour Code of the Republic of Lithuania, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 937) “On Increasing Minimum Work Remuneration” of 18 July 2003, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 316) “On Increasing Minimum Work Remuneration” of 24 March 2004, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 361) “On Increasing Minimum Work Remuneration” of 4 April 2005, and Items 1.1, 1.2 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 298) “On Increasing Minimum Work Remuneration” of 27 March 2006 are not in conflict with Paragraph 1 of Article 29, Paragraph 1 of Article 48 of the Constitution of the Republic of Lithuania and the constitutional principle of a state under the rule of law (petition No. 1B-65/2006);

– the petition of the Vilnius Regional Administrative Court, a petitioner, requesting an investigation into whether Paragraph 1 of Article 187 of the Labour Code of the Republic of Lithuania, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 937) “On Increasing Minimum Work Remuneration” of 18 July 2003, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 316) “On Increasing Minimum Work Remuneration” of 24 March 2004, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 361) “On Increasing Minimum Work Remuneration” of 4 April 2005, and Items 1.1, 1.2 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 298) “On Increasing Minimum Work Remuneration” of 27 March 2006 are not in conflict with Paragraph 1 of Article 29, Paragraph 1 of Article 48 of the Constitution of the Republic of Lithuania and the constitutional principle of a state under the rule of law (petition No. 1B-66/2006);

– the petition of the Vilnius Regional Administrative Court, a petitioner, requesting an investigation into whether Paragraph 1 of Article 187 of the Labour Code of the Republic of Lithuania, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 937) “On Increasing Minimum Work Remuneration” of 18 July 2003, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 316) “On Increasing Minimum Work Remuneration” of 24 March 2004, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 361) “On Increasing Minimum Work Remuneration” of 4 April 2005, and Items 1.1, 1.2 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 298) “On Increasing Minimum Work Remuneration” of 27 March 2006 are not in conflict with Paragraph 1 of Article 29, Paragraph 1 of Article 48 of the Constitution of the Republic of Lithuania and the constitutional principle of a state under the rule of law (petition No. 1B-67/2006);

– the petition of the Vilnius Regional Administrative Court, a petitioner, requesting an investigation into whether Paragraph 1 of Article 187 of the Labour Code of the Republic of Lithuania, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 937) “On Increasing Minimum Work Remuneration” of 18 July 2003, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 316) “On Increasing Minimum Work Remuneration” of 24 March 2004, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 361) “On Increasing Minimum Work Remuneration” of 4 April 2005, and Items 1.1, 1.2 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 298) “On Increasing Minimum Work Remuneration” of 27 March 2006 are not in conflict with Paragraph 1 of Article 29, Paragraph 1 of Article 48 of the Constitution of the Republic of Lithuania and the constitutional principle of a state under the rule of law (petition No. 1B-68/2006);

– the petition of the Vilnius Regional Administrative Court, a petitioner, requesting an investigation into whether Paragraph 1 of Article 187 of the Labour Code of the Republic of Lithuania, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 937) “On Increasing Minimum Work Remuneration” of 18 July 2003, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 316) “On Increasing Minimum Work Remuneration” of 24 March 2004, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 361) “On Increasing Minimum Work Remuneration” of 4 April 2005, and Items 1.1, 1.2 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 298) “On Increasing Minimum Work Remuneration” of 27 March 2006 are not in conflict with Paragraph 1 of Article 29, Paragraph 1 of Article 48 of the Constitution of the Republic of Lithuania and the constitutional principle of a state under the rule of law (petition No. 1B-71/2006);

– the petition of the Vilnius Regional Administrative Court, a petitioner, requesting an investigation into whether Paragraph 1 of Article 187 of the Labour Code of the Republic of Lithuania, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 937) “On Increasing Minimum Work Remuneration” of 18 July 2003, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 316) “On Increasing Minimum Work Remuneration” of 24 March 2004, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 361) “On Increasing Minimum Work Remuneration” of 4 April 2005, and Items 1.1, 1.2 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 298) “On Increasing Minimum Work Remuneration” of 27 March 2006 are not in conflict with Paragraph 1 of Article 29, Paragraph 1 of Article 48 of the Constitution of the Republic of Lithuania and the constitutional principle of a state under the rule of law (petition No. 1B-72/2006);

– the petition of the Klaipėda Regional Administrative Court, a petitioner, requesting an investigation into whether Paragraph 1 of Article 187 of the Labour Code of the Republic of Lithuania, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 937) “On Increasing Minimum Work Remuneration” of 18 July 2003, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 316) “On Increasing Minimum Work Remuneration” of 24 March 2004, Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 361) “On Increasing Minimum Work Remuneration” of 4 April 2005, and Items 1.1, 1.2 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 298) “On Increasing Minimum Work Remuneration” of 27 March 2006 are not in conflict with Paragraph 1 of Article 29, Paragraph 1 of Article 48 of the Constitution of the Republic of Lithuania and the constitutional principle of a state under the rule of law (petition No. 1B-73/2006).