2020/03/16

Dispute over the compliance of the Law on the Protection of Objects of Importance to Ensuring National Security with the Constitution of the Republic of Lithuania

Skinest Baltija, a company specializing in the design, construction, maintenance and repair of rail road tracks and other services, which is being represented by WINT, has turned to the Constitutional Court of the Republic of Lithuania regarding the compliance of specific regulations of the Law on the Protection of Objects of Importance to Ensuring National Security with the Lithuanian Constitution.

The Constitutional Court of the Republic of Lithuania has accepted the petition requesting the court to establish whether the provision of Article 11 Paragraph 4 stating that a person may be deemed as failing to meet the national security interests on the sole ground of an active criminal prosecution initiated against that person regarding a very serious, serious or semi-serious crime (although no conviction has been passed by court) does not contradict the presumption of innocence set forth in Article 31 Paragraph 1 of the Constitution.

It was one of the first individual requests to be accepted by the Constitutional Court of Lithuania to examine the compliance of statutory regulations with the Constitution of Lithuania.

The client in this case is being represented by WINT’s partner Daiva Ušinskaitė-Filonovienė and senior associate Greta Roguckytė.