Constitutional Court
24 September 2009
Facts
The Parliament (Seimas) applied to the Constitutional Court requesting an assessment of the resolution adopted by the Seimas, which provided for an annual evaluation of the need for compulsory initial military service when approving the maximum number of soldiers, the Government resolution approving the concept of the Law on Military Conscription: if in certain years the number of compulsory initial military service conscripts is set at “0”, conscription is not carried out in those years, and the laws adopted by the Seimas, which set the limit of compulsory initial military service conscripts at “0” in 2013 and 2014.
Complaint
The applicant stated that such a scheme in fact abolishes the constitutional duty of military service and contradicts the Constitution.
Court decision
The Constitutional Court decided that the Seimas resolution and the Government concept are political planning documents that do not establish direct regulation and therefore, by themselves, do not violate the Constitution.
The laws establishing the number of compulsory initial military service conscripts as “0” for certain years mean only a temporary suspension of conscription, and not the abolition of the institution of compulsory initial military service, therefore they are compatible with the Constitution.
The legislator has wide discretion in the field of national defence, provided that real preparation of citizens for defence is ensured and the decisions are based on an assessment of the situation. Therefore, the contested provisions do not contradict the Constitution. These provisions do not mean the abolition of the duty of military service, only allow not to carry out conscription in certain years.