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According to the court, S. Rudėnaitė requested to declare his dismissal from the post of the president of the Civil Cases Division of the SCL illegal and to apply a temporary protection measure, to return her to her former position until a procedural decision is made on the merits. of the conflict.
He also asked the court to request the Constitutional Court if the Seimas resolution of April 21 that dismissed it was not in conflict with the Constitution, the constitutional principles of the rule of law, the supremacy of the Constitution, the separation of powers, the independence of the court and judges and the responsible administration.
The defendants in this case are Seimas and SCL, the third person named in the case is the President.
The court that heard the case declared that the return of S. Rudėnaitė to his current position would temporarily regulate legal relations, guarantee the protection of his rights and maintain the situation that existed before the Seimas ruling.
According to the court, this “would prevent the alleged violations of the independence of the judiciary in this case.”
The court also ruled that the lack of regulation of the current situation would interrupt the procedure to organize the SCL’s work, which could cause disproportionate damage to the Lithuanian state.
In the opinion of the judges who examined the case, the decision adopted by the Constitutional Court on May 28 to suspend the validity of the Seimas judgment and find that it did not allow S. Rudėnait return to automatically return to his former position and temporarily re-administer the Supreme Court does not prohibit the courts of general jurisdiction from applying provisional measures.
After satisfying S. Rudėnaitė’s request, the Vilnius Regional Court appealed to the Constitutional Court on the Seimas ruling and suspended the proceedings of the case until its interpretation was received.
This court decision can be appealed to the Lithuanian Court of Appeals within seven days.
S. Rudėnaitė was removed from office as President of the SCL Civil Cases Division on April 21. President Gitanas Nausėda proposed to Seimas that he remove S. Rudėnaitė from the position of President of the Civil Cases Division of the SCL and designate her as President of this court.
The announcement of the results of the secret vote showed that the first proposal was approved by parliamentarians and the second was rejected.
Following this decision, S. Rudėnaitė, who was temporarily in charge of the Supreme Court, again became an ordinary SCL judge.
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