The Substatutory Legal Act in the Constitutional Court Rulings
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Abstract
The article discloses the definition of the substatutory legal act in the rulings of the Constitutional Court, analyses the reasons for recognising these acts as contradicting the Constitution and laws, presents arguments and motives of the Constitutional Court.
So far the Constitutional Court has mainly investigated the compliance of the Government resolutions with the Constitution and laws, therefore, the basic attention is paid to the constitutionality of these substatutory acts, alongside considering the problems of the compliance of the Seimas resolutions with the Constitution and laws.
A substatutory legal act may be in conflict with the Constitution and laws according to the contents of norms, scope of regulation, the form, as well as the procedure of adoption, signing, promulgation and coming into force established by the Constitution and laws.
Legal norms established by the substatutory legal act may not compete in their contents with the norms established by the law. Substatutory legal acts are recognised as contradicting the Constitution and laws in most cases because they establish different legal norms from those established by laws, and because legal norms established by substatutory acts compete in their contents with norms established by laws.
If there exists such a legal situation when the earlier adopted substatutory legal act is not in compliance with the later adopted law, the state institution which adopted such a substatutory legal act has the duty to amend and supplement its previously adopted legal acts so that they would be in compliance with the later adopted law or to abolish its previously adopted substatutory legal acts if legal norms established therein are in conflict with norms of the law.
Substatutory legal acts establishing legal norms not based on those of law would be also inconsistent with the Constitution if, according to the Constitution, the respective relationships should be regulated by law. The Government may not broaden by its resolutions the competence established to it by laws and resolutions of the Seimas.
The wording “in a manner prescribed by the Government” employed in the laws means that only the Government itself, and not any other entity, must establish that procedure. The Government may not, by its resolution, delegate the powers established for it by the law to another public institution.
Only published substatutory legal acts are effective, their power is prospective. A substatutory legal act, designated to implement a law, may not come into force before the law itself becomes effective. Such a substatutory legal act may not implement provisions of a law which is not valid yet.
So far the Constitutional Court has mainly investigated the compliance of the Government resolutions with the Constitution and laws, therefore, the basic attention is paid to the constitutionality of these substatutory acts, alongside considering the problems of the compliance of the Seimas resolutions with the Constitution and laws.
A substatutory legal act may be in conflict with the Constitution and laws according to the contents of norms, scope of regulation, the form, as well as the procedure of adoption, signing, promulgation and coming into force established by the Constitution and laws.
Legal norms established by the substatutory legal act may not compete in their contents with the norms established by the law. Substatutory legal acts are recognised as contradicting the Constitution and laws in most cases because they establish different legal norms from those established by laws, and because legal norms established by substatutory acts compete in their contents with norms established by laws.
If there exists such a legal situation when the earlier adopted substatutory legal act is not in compliance with the later adopted law, the state institution which adopted such a substatutory legal act has the duty to amend and supplement its previously adopted legal acts so that they would be in compliance with the later adopted law or to abolish its previously adopted substatutory legal acts if legal norms established therein are in conflict with norms of the law.
Substatutory legal acts establishing legal norms not based on those of law would be also inconsistent with the Constitution if, according to the Constitution, the respective relationships should be regulated by law. The Government may not broaden by its resolutions the competence established to it by laws and resolutions of the Seimas.
The wording “in a manner prescribed by the Government” employed in the laws means that only the Government itself, and not any other entity, must establish that procedure. The Government may not, by its resolution, delegate the powers established for it by the law to another public institution.
Only published substatutory legal acts are effective, their power is prospective. A substatutory legal act, designated to implement a law, may not come into force before the law itself becomes effective. Such a substatutory legal act may not implement provisions of a law which is not valid yet.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
