CONSTITUTION
OF THE REPUBLIC OF LITHUANIA
Preamble
THE LITHUANIAN
NATION:
- having established the State of Lithuania many centuries
ago,
- having based its legal foundations on the Lithuanian
Statutes and the Constitutions
of the Republic of
Lithuania,
- having for centuries defended its freedom and inde-
pendence,
- having preserved its spirit, native language, writing,
and customs,
- embodying the inborn right of each person and the People
to live and create freely in
the land of their fathers
and forefathers -- in the
independent State of Lithuania,
- fostering national concord in the land of Lithuania,
- striving for an open, just, harmonious civil society
and law-governed State,
by the will of the citizens of the reborn State of Lithuania, approves
and declares this CONSTITUTION.
CHAPTER ONE
THE STATE OF LITHUANIA
Article 1. The State of Lithuania shall be an
independent and democratic republic.
Art. 2. The State of Lithuania shall be created by
the People. Sovereignty shall be vested
in the People.
Art. 3. No one may limit or restrict the sovereignty
of the People or make claims to the sovereign powers of the People.
The People and each citizen shall have the right to oppose anyone who
encroaches on the independence, territorial integrity, or constitutional order
of the State of Lithuania by force.
Art. 4. The People shall exercise the supreme
sovereign power vested in them either directly or through their democratically
elected representatives.
Art. 5. In Lithuania, the powers of the State shall
be exercised by the Seimas, the President of the Republic and Government, and
the Judiciary.
The scope of powers shall be defined by the Constitution.
Institutions of power shall serve the people.
Art. 6. The Constitution shall be an integral and
directly applicable statute.
Every person may defend his or her rights on the basis of the
Constitution.
Art. 7. Any law or other statute which contradicts
the Constitution shall be invalid.
Only laws which are promulgated shall be valid.
Ignorance of the law shall not exempt a person from responsibility.
Art. 8. The forced seizure of State power or any of
its institutions shall be considered an anti-constitutional action, which is
illegal and invalid.
Art. 9. The most significant issues concerning the
life of the State and the People shall be decided by referendum.
In the cases established by law, referendums shall be announced by the
Seimas.
Referendums shall also be announced if no less than 300,000 of the
electorate so request.
The procedure for the announcement and execution of a referendum shall
be established by law.
Art. 10. The territory of the State of Lithuania
shall be integral and shall not be divided into any state derivatives.
The state borders may only be realigned by an international treaty of
the Republic of Lithuania which has been ratified by four-fifths of all Seimas
members.
Art. 11. The administrative divisions of the
territory of the State of Lithuania and their boundaries shall be determined by
law.
Art. 12. Citizenship of the Republic of Lithuania
shall be acquired by birth or on other bases established by law.
With the exception of cases established by law, no person may be a
citizen of the Republic of Lithuania and another state at the same time.
The procedure for the acquisition and loss of citizenship of the
Republic of Lithuania shall be established by law.
Art. 13. The State of Lithuania shall protect its
citizens abroad.
It shall be prohibited to extradite a citizen of the Republic of
Lithuania to another state unless an international agreement whereto the
Republic of Lithuania is a party establishes otherwise.
Art. 14. Lithuanian shall be the State language.
Art. 15. The colors of the State flag shall be
yellow, green, and red.
The State emblem shall be a white Vytis on a red background.
The State flag and emblem and their use shall be established by law.
Art. 16. The national anthem shall be Vincas
Kudirka's "Tautiska Giesme".
Art. 17. The capital of the Republic of Lithuania
shall be the city of Vilnius, the long-standing historical capital of
Lithuania.
CHAPTER TWO
THE INDIVIDUAL AND THE STATE
Art. 18. The rights and freedoms of individuals shall
be inborn.
Art. 19. The right to life of individuals shall be
protected by law.
Art. 20. Personal freedom shall be inviolable.
No person may be arbitrarily arrested or detained. No person may be deprived of freedom except
on the bases, and according to the procedures, which have been established in
laws.
A person detained in flagrante delicto must, within 48 hours, be
brought to court for the purpose of determining, in the presence of the
detainee, the validity of the detention.
In the event that the court does not pass a decision to arrest the
person, the detained individual shall be released immediately.
Art. 21. The person shall be inviolable.
Human dignity shall be protected by law.
It shall be prohibited to torture, injure, degrade, or maltreat a
person, as well as to establish such punishments.
No person may be subjected to scientific or medical testing without his
or her knowledge the__ and consent thereto.
Art. 22. The private life of an individual shall be
inviolable.
Personal correspondence, telephone conversations, telegraph messages,
and other intercommunications shall be inviolable.
Information concerning the private life of an invidual may be collected
only upon a justified court order and in accordance with the law.
The law and the court shall protect individuals from arbitrary or
unlawful interference in their private or family life, and from encroachment
upon their honor and dignity.
Art. 23. Property shall be inviolable.
The rights of ownership shall be protected by law.
Property may only be seized for the needs of society according to the
procedure established by law and must be adequately compensated for.
Art. 24. A person's dwelling place shall be
inviolable.
Without the consent of the resident(s), entrance into a dwelling place
shall only be permitted upon a corresponding court order, or according to the
procedure established by law when the objective of such an action is to protect
public order, apprehend a criminal, or save a person's life, health, or
property.
Art. 25. Individuals shall have the right to have
their own convictions and freely express them.
Individuals must not be hindered from seeking, obtaining, or
disseminating information or ideas.
Freedom to express convictions, as well as to obtain and disseminate
information, may not be restricted in any way other than as established by law,
when it is necessary for the safeguard of the health, honor and dignity,
private life, or morals of a person, or for the protection of constitutional
order.
Freedom to express convictions or impart information shall be
incompatible with criminal actions -- the instigation of national, racial,
religious, or social hatred, violence, or discrimination, the dissemination of
slander, or misinformation.
Citizens shall have the right to obtain any available information which
concerns them from State agencies in the manner established by law.
Art. 26. Freedom of thought, conscience, and religion
shall not be restricted.
Every person shall have the right to freely choose any religion or
faith and, either individually or with others, in public or in private, to
manifest his or her religion or faith in worship, observance, practice or
teaching.
No person may coerce another person or be subject to coercion to adopt
or profess any religion or faith.
A person's freedom to profess and propagate his or her religion or
faith may be subject only to those limitations prescribed by law and only when
such restrictions are necessary to protect the safety of society, public order,
a person's health or morals, or the fundamental rights and freedoms of others.
Parents and legal guardians shall have the liberty to ensure the
religious and moral education of their children in conformity with their own
convictions.
Art. 27. A person's convictions, professed religion
or faith may justify neither the commission of a crime nor the violation of
law.
Art. 28. While exercising their rights and freedoms,
persons must observe the Constitution and the laws of the Republic of
Lithuania, and must not impair the rights and interests of other people.
Art. 29. All people shall be equal before the law,
the court, and other State institutions and officers.
A person may not have his rights restricted in any way, or be granted
any privileges, on the basis of his or her sex, race, nationality, language,
origin, social status, religion, convictions, or opinions.
Art. 30. Any person whose constitutional rights or
freedoms are violated shall have the right to appeal to court.
The law shall establish the procedure for compensating material and
moral damage inflicted on a person.
Art. 31. Every person shall be presumed innocent
until proven guilty according to the procedure established by law and until
declared guilty by an effective court sentence.
Every indicted person shall have the right to a fair and public hearing
by an independent and impartial court.
Persons cannot be compelled to give evidence against themselves or
against their family members or close relatives.
Punishments may only be administered or applied on the basis of law.
No person may be punished for the same offense twice.
From the moment of arrest or first interrogation, persons suspected or
accused of a crime shall be guaranteed the right to defense and legal counsel.
Art. 32. Citizens may move and choose their place of
residence in Lithuania freely, and may leave Lithuania at their own will.
This right may not restricted except as provided by law and if it is
necessary for the protection of State security or the health of the people, or
to administer justice.
A citizen may not be prohibited from returning to Lithuania.
Every Lithuanian person may settle in Lithuania.
Art. 33. Citizens shall have the right to participate
in the government of their State both directly and through their freely elected
representatives, and shall have the equal opportunity to serve in a State
office of the Republic of Lithuania.
Each citizen shall be guaranteed the right to criticize the work of
State institutions and their officers and to appeal against their
decisions. It shall be prohibited to persecute
people for criticism.
Citizens shall be guaranteed the right to petition; the procedure for
implementing this right shall be established by law.
Art. 34. Citizens who, on the day of election, are 18
years of age or over, shall have the right to vote in the election.
The right to be elected shall be established by the Constitution of the
Republic of Lithuania and the election laws.
Citizens who are declared legally incapable by court shall not
participate in elections.
Art. 35. Citizens shall be guaranteed the right to
freely form societies, political parties, and associations provided that the
aims and activities thereof do not contradict the Constitution and laws.
No person may be forced to belong to any society, political party, or
association.
The founding and functioning of political parties and other political
and public organizations shall be regulated by law.
Art. 36. Citizens may not be prohibited from
assembling in unarmed peaceful meetings.
This right may not be subjected to any restrictions except those which
are provided by law and are necessary to protect the security of the State or
the community, public order, people's health or m________ or the rights and
freedoms of other persons.
Art. 37. Citizens who belong to ethnic communities
shall have the right to foster their language, culture, and customs.
CHAPTER THREE
SOCIETY AND THE STATE
Art. 38. The family shall be the basis of society and
the State.
Family, motherhood, fatherhood, and childhood shall be under the care
and protection of the State.
Marriage shall be entered into upon the free consent of man and woman.
The State shall register marriages, births, and deaths. The State shall recognize marriages
registered in church.
In the family, spouses shall have equal rights.
The right and duty of parents is to bring up their children to be
honest individuals and loyal citizens, as well as to support them until they
come of age.
The duty of children is to respect their parents, to care for them in
old age, and to preserve their heritage.
Art. 39. The State shall take care of families
bringing up children at home, and shall render them support in the manner
established by law.
The law shall provide for paid maternity leave before and after
childbirth, as well as for favorable working conditions and other privileges.
Children who are under age shall be protected by law.
Art. 40. State and local government establishments of
teaching and education shall be secular.
At the request of parents, they shall offer classes in religious
instruction.
Non-governmental teaching and educational institutions may be
established according to the procedure established by law.
Institutions of higher learning shall be granted autonomy.
The State shall supervice the activities of establishments of teaching
and education.
Art. 41. Education shall be compulsory for persons
under the age of 16.
Education at State and local government secondary, vocational, and
higher schools shall be free of charge.
Everyone shall have an equal opportunity to attain higher education
according to their individual abilities.
Citizens who demonstrate suitable academic progress shall be guaranteed
education at establishments of higher education free of charge.
Art. 42. Culture, science, research and teaching
shall be unrestricted.
The State shall support culture and science, and shall be concerned
with the protection of Lithuanian history, art, and other cultural monuments
and valuables.
The law shall protect and defend the spiritual and material interests
of authors which are related to scientific, technical, cultural, and artistic
work.
Art. 43. The State shall recognize traditional
Lithuanian churches and religious organizations, as well as other churches and
religious organizations provided that they have a basis in society and their
teaching and rituals do not contradict morality or the law.
Churches and religious organizations recognized by the State shall have
the rights of legal persons.
Churches and religious organizations shall freely proclaim the teaching
of their faith, perform the rituals of their belief, and have houses of prayer,
charity institutions, and educational institutions for the training of priests
of their faith.
Churches and religious organizations shall function freely according to
their canons and statutes.
The status of churches and other religious organizations in the State
shall be established by agreement or by law.
The teachings proclaimed by churches and other religious organizations,
other religious activities, and houses of prayer may not be used for purposes
which contradict the Constitution and the law.
There shall not be a State religion in Lithuania.
Art. 44. Censorship of mass media shall be
prohibited.
The State, political parties, political and public organizations, and
other institutions or persons may not monopolize means of mass media.
Art. 45. Ethnic communities of citizens shall
independently administer the affairs of their ethnic culture, education,
organizations, charity, and mutual assistance.
The State shall support ethnic communities.
CHAPTER FOUR
NATIONAL ECONOMY AND LABOR
Art. 46. Lithuania's economy shall be based on the
right to private ownership, freedom of individual economic activity, and
initiative.
The State shall support economic efforts and initiative which are
useful to the community.
The State shall regulate economic activity so that it serves the
general welfare of the people.
The law shall prohibit monopolization of production and the market, and
shall protect freedom of fair competition.
The State shall defend the interests of the consumers.
Art. 47. Land, internal waters, forests, and parks
may only belong to the citizens and the State of the Republic of Lithuania by
the right of ownership.
Plots of land may belong to a foreign state by the right of ownership
for the establishment of its diplomatic and consular missions in accordance
with the procedure and conditions established by law.
The right of ownership of entrails of the earth, as well as nationally
significant internal waters, forests, parks, roads, and historical,
archaeological and cultural facilities shall exclusively belong to the Republic
of Lithuania.
The Republic of Lithuania shall have the exclusive ownership right to
the air-space over its territory, its continental shelf, and the economic zone
in the Baltic Sea.
Art. 48. Every person may freely choose an occupation
or business, and shall have the right to adequate, safe, and healthy working
conditions, adequate compensation for work, and social security in the event of
unemployment.
The employment of foreigners in the Republic of Lithuania shall be
regulated by law.
Forced labor shall be prohibited.
Military service or alternative service, as well as labor which is
executed during war, natural calamity, epidemic, or other urgent circumstances,
shall not be deemed as forced labor.
Labor which is performed by convicts in places of confinement and which
is regulated by law shall not be deemed as forced labor either.
Art. 49. Every person shall have the right to rest
and leisure, as well as to annual paid holidays.
Working hours shall be established by law.
Art. 50. Trade unions shall be freely established and
shall function independently. They
shall defend the professional, economic, and social rights and interests of
employees.
All trade unions shall have equal rights.
Art. 51. Employees shall have the right to strike in
order to protect their economic and social interests.
The restrictions of this right, and the conditions and procedures for
the implementation thereof shall be established by law.
Art. 52. The State shall guarantee the right of
citizens to old age and disability pension, as well as to social assistance in
the event of unemployment, sickness, widowhood, loss of breadwinner, and other
cases provided by law.
Art. 53. The State shall take care of people's health
and shall guarantee medical aid and services in the event of sickness. The procedure for providing medical aid to
citizens free of charge at State medical facilities shall be established by
law.
The State shall promote physical culture of the society and shall
support sports.
The State and each individual must protect the environment from harmful
influences.
Art. 54. The State shall concern itself with the
protection of the natural environment, its fauna and flora, separate objects of
nature and particularly valuable districts, and shall supervise the moderate
utilization of natural resources as well as their restoration and augmentation.
The exhaustion of land and entrails of the earth, the pollution of
waters and air, the production of radioactive impact, as well as the
impoverishment of fauna and flora, shall be prohibited by law.
CHAPTER FIVE
THE SEIMAS
Art. 55. The Seimas shall consist of representatives
of the People -- 141 Seimas members who shall be elected for a four-year term
on the basis of universal, equal, and direct suffrage by secret ballot.
The Seimas shall be deemed elected when at least three-fifths of the
Seimas members have been elected.
The electoral procedure shall be established by law.
Art. 56. Any citizen of the Republic of Lithuania who
is not bound by an oath or pledge to a foreign state, and who, on the election
day, is 25 years of age or over and has permanently been residing in Lithuania,
may be elected a Seimas member.
Persons who have not served their court-imposed sentence, as well as
persons declared legally incapable by court, may not be elected members of the
Seimas.
Art. 57. Regular elections to the Seimas shall be
held no earlier than 2 months, and no later than 1 month, prior to the expiration
of the powers of the Seimas members.
Art. 58. Pre-term elections to the Seimas may be held
on the decision of the Seimas adopted by a three-fifths majority vote of all
the Seimas members.
The President of the Republic of Lithuania may also announce pre-term
elections to the Seimas:
1) if the Seimas fails to adopt a decision on the new pro-
gram of the Government within
30 days of its presenta-
tion, or if the Seimas twice
in succession disapproves
of the Government program
within 60 days of its initial
presentation; or
2) on the proposal of the Government, if the Seimas ex-
presses direct non-confidence
in the Government.
The President of the Republic may not announce pre-term elections to
the Seimas if the term of office of the President of the Republic expires
within less than six months, or if six months have not passed since the
pre-term elections to the Seimas.
The day of elections to the new Seimas shall be specified in the
resolution of the Seimas or in the decress of the President of the Republic
concerning pre-term elections to the Seimas.
The election to the new Seimas must be organized within three months
from the adoption of the decision on the pre-term elections.
Art. 59. Ther term of office of Seimas members shall
commence from the day that the newly-elected Seimas convenes for the first
sitting. The powers of the previously
elected Seimas members shall expire as from the opening of the sitting.
Newly-elected Seimas members shall acquire all the rights of a People's
representative only after swearing in the Seimas to be loyal to the Republic of
Lithuania.
Seimas members who either do not take an oath in the manner prescribed
by law, or who take a conditional oath, shall lose the mandate of a Seimas
member. The Seimas shall adopt a
corresponding resolution thereon.
In office, Seimas members shall act in accordance with the Constitution
of the Republic of Lithuania, the interests of the State, as well as their own
consciences, and may not be restricted by any mandates.
Art. 60. The duties of Seimas members, with the
exception of their duties in the Seimas, shall be incompatible with any other
duties in State institutions or organizations, as well as with work in trade,
commercial and other private institutions or enterprises. For term of office, Seimas members shall be
exempt from the duty to perform national defense service.
A Seimas member may be appointed only as Prime Minister or Minister.
The service of a Seimas member shall be remunerated, and all expenses
incurred from parliamentary activities shall be reimbursed with funds from the
State budget. A Seimas member may not
receive any other salary, with the exception of payment for creative
activities.
The duties, rights, and guarantees of the activities of Seimas members
shall be established by law.
Art. 61. Seimas members shall have the right to
submit inquiries to the Prime Minister, the individual Ministers, and the heads
of other State institutions formed or elected by the Seimas. Said persons or bodies must respond orally
or in writing at the Seimas session in the manner established by the Seimas.
At sessions of the Seimas, a group of no less than one-fifth of the
Seimas members may interpellate the Prime Minister or a Minister.
Upon considering the response of the Prime Minister or Minister to the
interpellation, the Seimas may decide that the response is not satisfactory,
and, by a majority vote of half of all the Seimas members, express
non-confidence in the Prime Minister or Minister.
The voting procedure shall be established by law.
Art. 62. The person of a Seimas member shall be
inviolable.
Seimas members may not be found criminally responsible, may not be
arrested, and may not be subjected to any other restriction of personal freedom
without the consent of the Seimas.
Seimas members may not be persecuted for voting or speeches in the
Seimas. However, legal action may be
instituted against Seimas members according to the general procedure if they
are guilty of personal insult or slander.
Art. 63. The powers of a Seimas member shall be
terminated:
1) on the expiration of the term of his or her powers, or
when the Seimas, elected in
pre-term elections, con-
venes for the first sitting;
2) upon his or her death;
3) upon his or her resignation;
4) when he or she is declared legally incapable by the
court;
5) when the Seimas revokes his or her mandate in accord-
ance with impeachment
proceedings;
6) when the election is recognized as invalid, or if the
law on election is grossly
violated;
7) if he or she takes up, or does not resign from, employ-
ment which is incompatible
with the duties of a Seimas
member; and
8) if he or she loses citizenship of the Republic of
Lithuania.
Art. 64. Every year, the Seimas shall convene for two
regular sessions - on in spring and one in fall. The spring session shall commence on March 10th and shall end on
June 30th. The fall session shall
commence on September 10th and shall end on December 23rd. The Seimas may resolve to prolong a session.
Extraordinary sessions shall be convened by the Seimas Chairperson upon
the proposal of at least one-third of all the Seimas members, and, in cases
provided for in the Constitution, by the President of the Republic.
Art. 65. The President of the Republic shall convene
the first sitting of the newly-elected Seimas which must be held within 15 days
of the Seimas election. If the
President of the Republic fails to convene the sitting of the Seimas, the
members of the Seimas shall assemble the day following the expiration of the
15-day period.
Art. 66. The Chairperson or Assistant Chairperson of
the Seimas shall preside over sittings of the Seimas.
The sitting directly following elections of the Seimas shall be opened
by the eldest member of the Seimas.
Art. 67. The Seimas shall:
1) consider and enact amendments to the Constitution;
2) enact laws;
3) adopt resolutions for the organization of referendums;
4) announce presidential elections of the Republic of
Lithuania;
5) form State institutions provided by law, and shall ap-
point and dismiss their chief
officers;
6) approve or reject the candidature of the Prime Minister
proposed by the President of
the Republic;
7) consider the program of the Government submitted by the
Prime Minister, and decide
whether to approve it or not;
8) upon the recommendation of the Government, establish or
abolish ministries of the
Republic of Lithuania;
9) supervise the activities of the Government, and may ex-
press non-confidence in the
Prime Minister or indivi-
dual Ministers;
10) appoint judges to, and Chairpersons
of, the Constitu-
tional Court and the Supreme
Court;
11) appoint to, and dismiss from, office
the State Control-
ler as well as the
Chairperson of the Board of the
Bank of Lithuania;
12) announce local government Council
elections;
13)
form the Central Electoral Committee and change its
composition;
14) approve the State budget and supervise
the implemen-
tation thereof;
15) establish State taxes and other
obligatory payments;
16) ratify or denounce international treaties
whereto the
Republic of Lithuania is a
party, and consider other
issues of foreign policy;
17) establish administrative divisions of
the Republic;
18) establish State awards of the Republic
of Lithuania;
19) issues acts of amnesty; and
20) impose direct administration and
martial law, declare
states of emergency, announce
mobilization, and adopt
decisions to use the armed
forces.
Art. 68. The right of legislative initiative in the
Seimas shall belong to the members of the Seimas, the President of the
Republic, and the Government.
Citizens of the Republic of Lithuania shall also have the right of
legislative initiative. A draft law may
be submitted to the Seimas by 50,000 citizens of the Republic of Lithuania who
have the right to vote. The Seimas must
consider this draft law.
Art. 69. Laws shall be enacted in the Seimas in
accordance with the procedure established by law.
Laws shall be deemed adopted if the majority of the Seimas members
participating in the sitting vote in favor thereof.
Constitutional laws of the Republic of Lithuania shall be deemed
adopted if more than half of all the members of the Seimas vote in the
affirmative. Constitutional laws shall
be amended by at least a three-fifths majority vote of all the Seimas
members. The Seimas shall establish a
list of constitutional laws by a three-fifths majority vote of the Seimas
members.
Provisions of the laws of the Republic of Lithuania may also be adopted
by referendum.
Art. 70. The laws enacted by the Seimas shall be
enforced after the signing and official promulgation thereof by the President
of the Republic, unless the laws themselves establish a later enforcement date.
Other acts adopted by the Seimas and the Statute of the Seimas shall be
signed by the Chairperson of the Seimas.
Said acts shall become effective the day following the promulgation
thereof, unless the acts themselves provide for another procedure of
enforcement.
Art. 71. Within ten days of receiving a law passed by
the Seimas, the President of the Republic shall either sign and officially
promulgate said law, or shall refer it back to the Seimas together with
relevant reasons for reconsideration.
In the event that the law enacted by the Seimas is not referred back or
signed by the President of the Republic within the established period, the law
shall become effective upon the signing and official promulgation thereof by
the Chairperson of the Seimas.
The President of the Republic must, within five days, sign and officially
promulgate laws and other acts adopted by referendum.
In the event that the President of the Republic does not sign and
promulgate such laws within the established period, said laws shall become
effective upon being signed and officially promulgated by the Chairperson of
the Seimas.
Art. 72. The Seimas may reconsider and enact laws
which have been referred back by the President of the Republic.
After reconsideration by the Seimas, a law shall be deemed enacted if
the amendments and supplements submitted by the President of the Republic were
adopted, or if more than half of all Seimas members vote in the affirmative,
and if it is a constitutional law - if at least three-fifths of the Seimas
members vote in the affirmative.
The President of the Republic must, within three days, sign and
forthwith officially promulgate laws re-enacted by the Seimas.
Art. 73. Seimas controllers shall examine complaints
of citizens concerning the abuse of powers by the bureaucracy or State and
local government officers (with the exception of judges). Controllers shall have the right to submit
proposals to the court to dismiss guilty officers from their posts.
The powers of the Seimas controllers shall be established by law.
As necessary, the Seimas shall also establish other institutions of
control. The system and powers of said
institutions shall be established by law.
Art. 74. For gross violations of the Constitution,
breach of oath, or upon the disclosure of the commitment of felony, the Seimas
may, by three-fifths majority vote of all the Seimas members, remove from
office the President of the Republic, the Chairperson and judges of the
Constitutional Court, the Chairperson and judges of the Supreme Court, the
Chairperson and judges of the Court of Appeals, as well as Seimas members, or
may revoke the mandate of Seimas members.
Such actions shall be carried out in accordance with impeachment
proceedings which shall be established by the Statute of the Seimas.
Art. 75. Officers appointed or chosen by the Seimas
(with the exception of persons specified in Article 74) shall be removed from
office when the Seimas, by majority vote of all the members, expresses
non-confidence in the officer in question.
Art. 76. The structure and procedure of activities of
the Seimas shall be determined by the Statute of the Seimas. The Statute of the Seimas shall have the
power of law.
CHAPTER SIX
THE PRESIDENT OF THE
REPUBLIC
Art. 77. The President of the Republic is the head of
State.
The President shall represent the State of Lithuania and shall perform
all the duties which he or she is charged with by the Constitution and laws.
Art. 78. Any person who is a citizen of the Republic
of Lithuania by birth, who has lived in Lithuania for at least the past three
years, who has reached the age of 40 prior to election day, and who is eligible
for election as a Seimas member may be elected President of the Republic.
The President of the Republic shall be elected by the citizens of the
Republic of Lithuania on the basis of universal, equal, and direct suffrage by
secret ballot for a term of five years.
The same person may not be elected President of the Republic of
Lithuania for more than two consecutive terms.
Art. 79. Any citizen who meets the requirements set
forth in Part 1 of Article 78 and has collected the signatures of at least
20,000 voters shall be registered as a presidential candidate.
The number of presidential candidates shall not be limited.
Art. 80. Regular presidential elections shall be held
on the last Sunday two months before the expiration of the term of office of
the President of the Republic.
Art. 81. The candidate for the post of President of
the Republic who, during the first election round in which at least a half of
the voters participate, receives the votes of more than half of all the voters
who voted in the election, shall be deemed the elected candidate. If less than half of the registered voters
participate in the election, the candidate who receives the greatest number of
votes, but no less than one-third of the votes of all the voters, shall be
deemed the elected candidate.
If in the first election round, no single candidate gets the requisite
number of votes, a repeat election shall be organized after two weeks between
the two candidates who received the greatest number of votes. The candidate who receives more votes
thereafter shall be deemed elected.
If no more than two candidates take part in the first election round,
and not one of them receives the requisite number of votes, a repeat election
shall be held.
Art. 82. The elected President of the Republic shall
begin his duties on the day following the expiration of the term of office of
the President of the Republic, after, in Vilnius and in the presence of the
representatives of the People - members of the Seimas, taking an oath to the
People, swearing to be loyal to the Republic of Lithuania and the Constitution,
to conscientiously fulfill the duties of the President, and to be equally just
to all. The President of the Republic,
upon being re-elected, shall take the oath as well.
The act of oath of the President of the Republic shall be signed by the
President and the by the Chairperson of the Constitutional Court, or, in the
absence of the Chairperson, by a judge of the Constitutional Court.
Art. 83. The President of the Republic may not be a
member of the Seimas or hold any other office, and may not receive any
remuneration other than the salary established for the President as well as
compensation for creative activities.
A person elected President of the Republic must suspend his or her
activities in political parties and political organizations until a new
presidential election campaign begins.
Art. 84. The President of the Republic shall:
1) settle basic foreign policy issues and, together with the
Government, implement foreign
policy;
2) sign international treaties of the Republic of Lithuania
and submit them to the Seimas
for ratification;
3) appoint or recall, upon the recommendation of the
Government, diplomatic
representatives of the Republic
of Lithuania in foreign
states and international organ-
izations; receive letters of
credence and recall of
diplomatic representatives of
foreign states; confer
highest diplomatic ranks and
special titles;
4) appoint, upon approval of the Seimas, the Prime Minister,
charge him or her to form the
Government, and approve its
composition;
5) remove, upon approval of the Seimas, the Prime Minister
from office;
6) accept the powers returned by the Government upon the
election of a new Seimas, and charge it to continue
exercising its functions
until a new Government is
formed;
7) accept resignations of the Government and, as necessary,
charge it to continue
exercising functions or charge
one of the Ministers to
exercise the functions of the
Prime Minister until a new
Government is formed; accept
resignations of individual
Ministers and commission them
to continue in office until a
new Minister is appointed;
8) submit to the Seimas, upon the resignation of the Govern-
ment or after it returns its
powers no later than within
15 days, the candidature of a
new Prime Minister for
consideration;
9) appoint or dismiss individual Ministers upon the recom-
mendation of the Prime Minister;
10) appoint or dismiss, according to the
established pro-
cedure, state officers
provided by law;
11) propose Supreme Court judge candidates
to the Seimas,
and, upon the appointment of
all Supreme Court judges,
recommend from among them a
Supreme Court Chairperson
to the Seimas; appoint, with
the approval of the Seimas,
Court of Appeal judges, and
from among them -- the Court
of Appeal Chairperson;
appoint judges and chairpersons
of district and local
district courts, and change their
places of office; in cases
provided by law, propose the
dismissal of judges to the
Seimas;
12) propose to the Seimas the candidatures
of three Consti-
tutional Court judges, and,
appointing all the judges
of the Constitutional Court,
propose, from among them,
a candidate for
Constitutional Court Chairperson to the
Seimas;
13) propose to the Seimas candidates for
State Controller
and Chairperson of the Board
of the Bank of Lithuania;
if necessary, propose to the
Seimas to express non-
confidence in said officials;
14) appoint or dismiss, upon the approval
of the Seimas, the
Chief Commander of the Army
and head of the Security
Service;
15) confer highest military ranks;
16) adopt, in the event of an armed attack
which threatens
State sovereignty or
territorial integrity, decisions
concerning defense against
such armed aggression, the
imposition of martial law,
and mobilization, and submit
these decisions to the next
sitting of the Seimas for
approval;
17) declare states of emergency according
to the procedures
and situations established by
law, and submit these
decisions to the next sitting
of the Seimas for approval;
18) make annual reports in the Seimas
about the situation in
Lithuania and the domestic
and foreign policies of the
Republic of Lithuania;
19) call, in cases provided in the
Constitution, extraordi-
nary sessions of the Seimas;
20) announce regular elections to the
Seimas, and, in cases
set forth in part 2 of
Article 58 of the Constitution,
announce pre-term elections
to the Seimas;
21) grant citizenship of the Republic of
Lithuania according
to the procedure established
by law;
22) confer State awards;
23) grant pardons to sentenced persons;
and
24) sign and promulgate laws enacted by
the Seimas or refer
them back to the Seimas
according to the procedure
provided for in Article 71 of
the Constitution.
Art. 85. The President of the Republic, implementing
the powers vested in him or her, shall issue acts-decrees. Decrees of the President, specified in items
3, 15, 17, and 21 of Article 84 of the Constitution, shall be valid only if
they bear the signature of the Prime Minister or an appropriate Minister. Responsibility for such decrees shall lie
with the Prime Minister or Minister who signed it.
Art. 86. The person of the President of the Republic
shall be inviolable: while in office, the President may neither be arrested nor
charged with criminal or administrative proceedings.
The President of the Republic may be prematurely removed from office
only for gross violation of the Constitution, breach of the oath of office, or
conviction of an offence. The Seimas
shall resolve issues concerning the dismissal of the President of the Republic
from office according to impeachment proceedings.
Art. 87. When, in cases specified in part 2 of
Article 58 of the Constitution, the President of the Republic announces
pre-term elections to the Seimas, the newly-elected Seimas may, by three-fifths
majority vote of all the Seimas members and within 30 days of the first
sitting, announce a pre-term election of the President of the Republic.
If the President of the Republic wishes to compete in the election, he
or she shall immediately be registered as a candidate.
If the President of the Republic is re-elected in such an election, he
or she shall be deemed elected for a second term, provided that more than three
years of the first term had expired prior to the election. If the expired period of the first term is
less than three years, the President of the Republic shall only be elected for
the remainder of the first term, which shall not be considered a second term.
If a pre-term election for the President of the Republic is announced
during the President's second term, the current President of the Republic may
only be elected for the remainder of the second term.
Art. 88. The powers of the President shall be
terminated:
1) upon the expiration of the term of office;
2) upon holding a pre-term presidential election;
3) upon resignation from office;
4) upon the death of the President of the Republic;
5) when the Seimas removes the President from office ac-
cording to impeachment
proceedings; and
6)
when the Seimas, taking into consideration the conclu-
sion of the Constitutional Court and by
three-fifths
majority of all the Seimas
members, adopts a resolution
stating that the President of
the Republic is unable to
fulfill the duties of office
for reasons of health.
Art. 89. In the event that the President dies or is
removed from office according to impeachment proceedings, or if the Seimas
resolves that the President of the Republic is unable to filfill the duties of
office for reasons of health, the duties of President shall temporarily be
passed over to the Seimas Chairperson.
In such a case, the Chairperson of the Seimas shall lose his or her
powers in the Seimas, and at the behest of the Seimas, the duties of
Chairperson shall temporarily be carried out by the Assistant Chairperson. In said cases, the Seimas shall announce,
within 10 days, an election for the President of the Republic which must be
held within two months. If the Seimas
cannot convene and announce the election for the President of the Republic, the
election shall be announced by the Government.
The Chairperson of the Seimas shall act for the President of the
Republic when the President is temporarily absent beyond the boundaries of the
country or has fallen ill and by reason thereof is temporarily unable to
fulfill the duties of office.
While temporarily acting for the President of the Republic, the
Chairperson of the Seimas may neither annouce pre-term elections of the Seimas
nor dismiss or appoint Ministers without the agreement of the Seimas. During the said period, the Seimas may not
consider the issue of lack of confidence in the Chairperson of the Seimas.
The powers of the President of the Republic may not be executed in any other
cases, or by any other persons or institutions.
Art. 90. The President of the Republic shall have
residence. The financing of the
President of the Republic and of the President's residence shall be established
by law.
CHAPTER SEVEN
THE GOVERNMENT OF THE
REPUBLIC OF LITHUANIA
Art. 91. The Government of the Republic of Lithuania
shall consist of the Prime Minister and Ministers.
Art. 92. The Prime Minister shall, with the approval
of the Seimas, be appointed or dismissed by the President of the Republic.
The Ministers shall be appointed by the President of the Republic on
the nomination of the Prime Minister.
The Prime Minister, within 15 days of being appointed, shall present
the Government which he or she has formed and which has been approved by the
President of the Republic to the Seimas and shall submit the program of its
activities to the Seimas for consideration.
The Government shall return its powers to the President of the Republic
after the Seimas election or upon electing the President of the Republic.
A new Government shall be empowered to act after the Seimas approves
its program by majority vote of the Seimas members participating in the
sitting.
Art. 93. On entering upon their duties, the Prime
Minister and the individual Ministers shall, in the Seimas take an oath to be
loyal to the Republic of Lithuania and to observe the Constitution and
laws. The form of the oath shall be
established by the Law on the Government.
Art. 94. The Government of the Republic of Lithuania
shall:
1) administer the affairs of the country, protect the in-
violability of the territory
of the Republic of Lith-
uania, and ensure State
security and public order;
2) implement laws and resolutions of the Seimas concern-
ing the implementation of
laws, as well as the de-
crees of the President;
3) coordinate the activities of the ministries and other
governmental institutions;
4) prepare the draft budget of the State and submit it to
the Seimas; execute the State
Budget and report on the
fulfillment of the budget to
the Seimas;
5) draft bills and submit them to the Seimas for consid-
eration;
6) establish diplomatic relations and maintain relations
with foreign countries and
international organizations;
and
7) discharge other duties prescribed to the Government by
the Constitution and other
laws.
Art. 95. The Government of the Republic of Lithuania
shall resolve the affairs of State administration at its sittings by issuing
directives which must be passed by a majority vote of all members of the
Government. The State Controller may
also participate in sittings of the Government.
Government directives shall be signed by the Prime Minister and the
appropriate Minister.
Art. 96. The Government of the Republic of Lithuania
shall be jointly responsible to the Seimas for the general activities of the
Government.
The Ministers, in directing the spheres of administration entrusted to
them, shall be responsible to the Seimas, the President of the Republic, and directly
subordinate to the Prime Minister.
Art. 97. The Prime Minister shall represent the
Government of the Republic of Lithuania and shall direct its activities.
In the absence of the Prime Minister, or when the Prime Minister is
unable to fulfill his or her duties, the President of the Republic of
Lithuania, upon the recommendation of the Prime Minister, shall charge one of
the Ministers to substitute for the Prime Minister during a period not
exceeding 60 days; when there is no recommendation, the President of the
Republic shall charge one of the Ministers to substitute for the Prime
Minister.
Art. 98. Ministers shall head their respective
ministries, shall resolve issues assigned to the competence of their
ministries, and shall also discharge other functions prescribed by laws.
A Minister may be temporarily substituted only by another member of the
Government appointed by the Prime Minister.
Art. 99. The Prime Minister and Ministers may not
hold any other office subject to nomination or election, may not be employed in
business, commercial, or other private institutions or companies, and may not
receive any remuneration other than the salary established for their respective
Government offices and compensation for creative activities.
Art. 100. The Prime Minister and Ministers may not be
prosecuted, arrested or have their freedoms restricted in any other way without
the preliminary consent of the Seimas, or, if the Seimas is not in session, of
the President of the Republic.
Art. 101. Upon the request of the Seimas, the
Government or individual Ministers must give an account of their activities to
the Seimas.
When more than half of the Ministers are changed, the Government must
be re-invested with authority by the Seimas.
Otherwise, the Government must resign.
The Government must also resign if:
1) ________ approves two times in succession of the program
of the newly-formed
Government;
2) the majority of all the Seimas deputies express a lack of confidence in the Government or in the Prime Minister in
a secret ballot vote;
3) the Prime Minister resigns or dies; or
4) after Seimas elections, when a new Government is formed.
A Minister must resign if more than a half of all the Seimas members
express, in a secret ballot vote, a lack of confidence in him or her.
The President of the Republic shall accept resignations of the
Government or individual Ministers.
CHAPTER EIGHT
THE CONSTITUTIONAL COURT
Art. 102. The Constitutional Court shall decide
whether the laws and other legal acts adopted by the Seimas are in conformity
with the Constitution and legal acts adopted by the President and the
Government do not violate the Constitution or laws.
The status of the Constitutional Court and the procedure for the
execution of powers thereof shall be established by the Law on the
Constitutional Court of the Republic of Lithuania.
Art. 103. The Constitutional Court shall consist of 9
judges appointed for an unrenewable term of 9 years. Every three years, one-third of the Constitutional Court shall be
reconstituted. The Seimas shall choose
3 candidates for Constitutional Court judges from the candidates nominated by
the President of the Republic of Lithuania, 3 candidates from those nominated
by the Chairperson of the Seimas, and 3 candidates from those nominated by the
Chairperson of the Supreme Court; the Seimas shall appoint the candidates that
they choose as judges.
The Seimas shall appoint the Chairperson of the Constitutional Court
from among the judges thereof and on the nomination of the President of the
Republic of Lithuania.
Citizens of the Republic of Lithuania who have an impeccable reputation, who are trained in law and who have served, for at least 10 years, in the legal profession or in an area of education related to his or her qualifications as a lawyer, shall be eligible