CONSTITUTIONOF THE REPUBLIC OF LITHUANIA

Transcription

1 Official translation CONSTITUTIONOF THE REPUBLIC OF LITHUANIA (Approved by the citizens of the Republic of Lithuania in the Referendum on 25 October 1992) 6 November 1992 (as last amended on 13 July 2004 No. IX-2343, No. IX-2344) THE LITHUANIAN NATION - which established the State of Lithuania many centuries ago, - having built its legal foundation on the Lithuanian Statutes and the Constitutions of the Republic of Lithuania, - having resolutely defended its freedom and independence for centuries, - having preserved its spirit, native language, writing, and customs, - embodying the inborn right of each person and the Nation 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, and harmonious civil society and State under the rule of law, by the will of the citizens of the reborn State of Lithuania, adopts and proclaims this CONSTITUTION CHAPTER I THE STATE OF LITHUANIA Article 1 The State of Lithuania shall be an independent and democratic republic. Article 2

2 The State of Lithuania shall be created by the People. Sovereignty shall be vested in the People. Article 3 No one may restrict or limit the sovereignty of the People or make claims to the sovereign powers belonging to all the People. The People and each citizen shall have the right to resist anyone who encroaches on the independence, territorial integrity or constitutional order of the State of Lithuania by force. Article 4 The People shall exercise their supreme sovereign power either directly or through their democratically elected representatives. Article 5 In Lithuania, State power shall be exercised by the Seimas, the President of the Republic, the Government, and the Judiciary. The powers of government shall be limited by the Constitution. State authorities shall serve the people. Article 6 The Constitution shall be an integral and directly applicable act. Every person may defend his rights by invoking the Constitution. Article 7 Any law or other statute which is in conflict with the Constitution shall be invalid. Only laws which are promulgated shall be valid. Ignorance of the law shall not exempt one from liability. Article 8 Seizure of State government or any of its institutions by force shall be considered anti-constitutional actions, unlawful and invalid.

3 Article 9 The most vital issues concerning the life of the State and the People shall be decided by referendum. In the cases established by law, referenda shall be called by the Seimas. Referenda shall also be called if at least 300,000 of the citizens having the voting right so request. The procedure for calling and holding of a referendum shall be established by law. Article 10 The territory of the State of Lithuania shall be integral and shall not be partitioned into any state formations. The State borders may be redrawn only by an international agreement of the Republic of Lithuania which has been ratified by four-fifths of all the Members of the Seimas. Article 11 The administrative units of the territory of the State of Lithuania and their boundaries shall be determined by law. Article 12 Citizenship of the Republic of Lithuania shall be acquired by birth or on any other grounds established by law. With the exception of individual cases established by law, no one may be a citizen of the Republic of Lithuania and another state at one and the same time. The procedure for the acquisition and loss of citizenship shall be established by law. Article 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 of the Republic of Lithuania establishes otherwise. Article 14

4 The official language shall be Lithuanian. law. Article 15 The colours of the State flag shall be yellow, green, and red. The State emblem shall be a white Vytis on a red background. The State emblem and the State flag as swell as their use shall be established by Article 16 T he nati onal anthem shall be " T auti ðka Giesmë" by Vincas Kudirka. Article 17 The capital of the State of Lithuania shall be the city of Vilnius, the age-old historical capital of Lithuania. CHAPTER II THE INDIVIDUAL AND THE STATE Article 18 Human rights and freedoms shall be inborn. Article 19 Everyone s right to life shall be protected by law. Article 20 Liberty of an individual shall be inviolable. No one may be subjected to arbitrary arrest or detention. No one may be deprived of liberty save on the grounds and in accordance with the procedures prescribed by law. A person arrested in flagrante delicto must, within 48 hours, be brought before a court for the purpose of determining, in his presence, the validity of the arrest. If the court does not pass a decision to detain the person, the arrested person shall be released immediately.

5 Article 21 Security of person shall be inviolable. Human dignity shall be protected by law. It shall be prohibited to subject anyone to torture, injury, degrading and inhuman treatment or punishment. No person may be subjected to scientific research or medical tests without his free and informed consent. Article 22 The private life of an individual shall be inviolable. Personal correspondence, telephone conversations, telegraph messages, and any other communication shall be inviolable. Information concerning the private life of an individual may be collected only upon a reasoned 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 honour and dignity. Article 23 Property shall be inviolable. Property rights shall be protected by law. Property may be taken over only in cases and under the conditions provided for by the law in the public interest and, subject to fair compensation. Article 24 A person's home shall be inviolable. Without the consent of the resident, entrance into a person s home shall only be permitted pursuant to a court order, or in accordance with the procedure established by law when this is necessary for the protection of public order, arrest of a criminal, or saving of a person's life, health, or property. Article 25 Everyone shall have the right to hold opinions and freely express them.

6 No one may be prevented from seeking, receiving and imparting information and ideas. Freedom of expression, freedom to receive and impart information may not be restricted in any way other than by law and when it is necessary for the protection of health, dignity, private life, and morals, or for the protection of the constitutional order. Freedom of expression and freedom to impart information shall be incompatible with criminal actions - incitement of national, racial, religious, or social hatred, violence or discrimination, slander or misinformation. Any citizen shall have the right to obtain, in the manner established by law, any available information concerning him from public authorities. Article 26 Freedom of thought, conscience and religion shall not be restricted. Everyone shall have the right to freely choose any religion or faith and, either alone or in community with others, in public or private, to manifest his religion or faith in worship, observance, practice or teaching. No one may coerce another person or be subject to coercion to choose or manifest any religion or faith. Freedom to manifest and spread his religion or faith may be subject only to limitations as are prescribed by law and only when this is necessary in the interests of public safety, public order, health or morals, or for the protection of fundamental rights and freedoms of others. Parents and guardians shall, without restrictions, ensure the religious and moral education of their own children and children under their guardianship in conformity with their own convictions. Article 27 A person s convictions, manifested religion or faith may not serve as a justification for the commission of a crime or non-compliance with the law. Article 28 While exercising his rights and freedoms, everyone must observe the Constitution and the laws of the Republic of Lithuania, and must not restrict the rights and freedoms of other people.

7 Article 29 All persons shall be equal before the law, the court, and other State institutions and officers. No one s rights may be restricted nor any privileges may be granted to anyone on any ground such as sex, race, nationality, language, origin, social status, religion, convictions, or opinions. Article 30 Any person whose constitutional rights or freedoms are violated shall have the right to appeal to court. Compensation for material and moral damage inflicted on anyone shall be determined by law. Article 31 Everyone shall be presumed innocent until proved guilty according to the procedure prescribed by law and established by a final court decision. Everyone charged with a criminal offence shall be entitled to a fair and public hearing by an independent and impartial tribunal. It shall be prohibited to compel a person to give evidence against himself, his family members or close relatives. Punishment may only be imposed or applied on the basis of law. No one may be punished for the same criminal offence twice. Everyone who is suspected of commission of a criminal offence or who is the defendant shall be guaranteed, from the moment of arrest or first interrogation, the right to defend himself in person or have a legal counsel. Article 32 Any citizen may freely move and choose his place of residence in Lithuania, and may freely leave Lithuania.. No restrictions shall be placed on the exercise of these rights other than such as are in accordance with law and are necessary in the interests of national security, for the protection of health, or for administration of justice. No citizen may be deprived of the right to return to Lithuania.

8 Every Lithuanian may settle in Lithuania. Article 33 All citizens shall have the right to take part in the conduct of public affairs, both directly and through democratically elected representatives, and the right to seek employment, on general terms of equality, in the public service of the Republic of Lithuania. Every citizen shall be guaranteed the right to criticize the work of State institutions and their officials, and to appeal against their decisions. It shall be prohibited to persecute people for criticism. Citizens shall be guaranteed the right of petition; the procedure for exercising this right shall be established by law. Article 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 by the election laws. Citizens who are declared legally incapable by court shall not participate in elections. Article 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 one may be compelled to belong to any society, political party, or association. The founding and functioning of political parties and any other political and public organisations shall be regulated by law. Article 36 Prohibition of and interference with citizens assembling for unarmed and peaceful meetings shall not be permitted. No restrictions may be placed on the exercise of this right other than those imposed in conformity with law and necessary in the interests of national security or

9 public safety, public order, the protection of people's health or morals, or the protection of the rights and freedoms of others. Article 37 Citizens belonging to ethnic communities shall have the right to foster their language, culture, and customs. CHAPTER III SOCIETY AND THE STATE Article 38 The family shall be the basis of society and the State. Family, motherhood, fatherhood and childhood shall be under the protection and care of the State. Marriage shall be entered into by the free consent of man and woman. The State shall register marriages, births, and deaths. The State shall also recognise marriages registered in church. In the family, spouses shall have equal rights. It shall be the right and duty of parents to bring up their children to be honest individuals and loyal citizens, as well as to support them until they come of age. It shall be the duty of children to respect their parents, take care of them in their old age, and to cherish their heritage. Article 39 The State shall take care of families that raise and bring up their children at home, and shall provide support to them in the manner established by law. The law shall provide to working mothers a paid maternity leave before and after childbirth, as well as favourable working conditions and other privileges. Minors shall be protected by law. Article 40 State and municipal educational institutions shall be secular. At the request of parents, they shall provide religious instruction.

10 Private educational institutions may be established according to the procedure established by law. Institutions of higher education shall be granted autonomy. The State shall supervise the activities of educational institutions. Article 41 Education shall be compulsory for persons under the age of 16. Education at State and municipal secondary and vocational schools and postsecondary schools shall be free of charge. Higher education shall be accessible to everyone according to the individual abilities of each person. Citizens who demonstrate good academic progress shall be guaranteed education at state institutions of higher education free of charge. Article 42 Culture, science, research and teaching shall be unrestricted. The State shall support culture and science, and shall ensure protection of monuments of Lithuania s history and art as well as of other cultural monuments and treasures. The law shall safeguard and protect the spiritual and material interests of authors relating to scientific, technical, cultural, and artistic work. Article 43 The State shall recognise the traditional Lithuanian churches and religious organisations, as well as other churches and religious organisations provided that they enjoy support in society and that their teaching and practices do not contradict the law and morality. The churches and religious organisations recognised by the State shall have the rights of a legal person. Churches and religious organisations shall be free to spread their teaching, perform their rites, and have houses of prayer, charity institutions, and educational institutions for the training of the clergy. Churches and religious organisations shall be free to conduct their affairs according to their canons and statutes.

11 The status of churches and other religious organisations in the State shall be determined by agreement or by the law. The teaching spread by churches and other religious organisations, other religious activities, and houses of prayer may not be used for purposes which contravene the Constitution and the law. There shall be no state religion in Lithuania. Article 44 Censorship of mass media shall be prohibited. The State, political parties, political and public organisations, and other institutions or persons may not monopolise the mass media. Article 45 Ethnic communities of citizens shall independently manage the affairs of their ethnic culture, education, charity, and mutual assistance. Ethnic communities shall be provided support by the State. CHAPTER IV NATIONAL ECONOMY AND LABOUR Article 46 Lithuania's economy shall be based on the right to privat e ownership, freedom of individual economic activity, and initiative. community. The State shall support economic efforts and initiative that are beneficial for the The State shall regulate economic activity in such a way that it would serve the general welfare of the people. The law shall prohibit monopolisation of production and the market, and shall protect freedom of fair competition. The State shall protect the interests of the consumers. Article 47

12 The subsoil, major national internal waters, forests, parks, roads, historical, archaeological and cultural sites shall belong, by the right of exclusive ownership, to the Republic of Lithuania. The Republic of Lithuania shall have exclusive ownership rights to the airspace over its territory, its continental shelf and the economic zone in the Baltic Sea. Foreign entities may acquire ownership of land, internal waters and forests in the Republic of Lithuania in accordance with a constitutional law. Plots of land may belong to a foreign state by the right of ownership for the establishment of its diplomatic missions and consular posts in accordance with the procedure, terms and conditions established by law. Article 48 Every person may freely choose an occupation or business, and shall have the right to have adequate, safe and healthy conditions at work, to receive fair remuneration for work and be provided social security in the event of unemployment. The employment of foreign nationals in the Republic of Lithuania shall be regulated by law. Forced labour shall be prohibited. Military or alternative service, as well as labour in time of war, natural disasters, epidemics, or any other special circumstances shall not be considered forced labour. Work performed by convicted persons which is regulated by law shall not be considered forced labour either. leave. Article 49 Every worker shall have the right to rest and leisure as well as to an annual paid The length of working time shall be defined by law. Article 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.

13 Article 51 Workers 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 its exercise shall be established by law. Article 52 The State shall guarantee to citizens the right to receive old age and disability pensions as well as social assistance in the event of unemployment, sickness, widowhood, loss of the breadwinner, and other cases provided by law. Article 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 health- are institutions shall be established by law. The State shall promote physical education of society and shall support sports. The State and each individual must protect the environment from harmful effects. Article 54 The State shall secure the protection of the natural environment, wildlife and plants, individual objects of nature and protected areas and shall supervise a sustainable use of natural resources, their renewal and replenishment. The devastation of land and the subsoil, the pollution of waters and air, radioactive impact on the environment as well as depletion of wildlife and plants shall be prohibited by law. CHAPTER IV THE SEIMAS Article 55 The Seimas shall be composed of representatives of the People Members of the Seimas who shall be elected for a four-year term on the basis of universal, of equal, and direct suffrage by a secret ballot.

14 The Seimas shall be deemed elected when at least three-fifths of the Members of the Seimas have been elected. The procedure for election of the Members of the Seimas shall be established by law. Article 56 Any citizen of the Republic of Lithuania who is not bound by an oath or allegiance to a foreign state, and who, on the election day, is 25 years of age and has permanently been residing in Lithuania, may be elected a Member of the Seimas. Persons who have not served their sentence imposed by court, as well as persons declared legally incapable by court, may not be elected Members of the Seimas. Article 57 Regular elections to the Seimas shall be held on the second Sunday of October in the year when the mandates of the Members of the Seimas are about to expire. Regular elections to the Seimas following an early election to the Seimas shall be held on the date specified in paragraph 1 of this Article Article 58 Early elections to the Seimas may be held on the decision of the Seimas adopted by at least a three-fifths majority vote of the Members of the Seimas. Early elections to the Seimas may also be called by the President of the Republic of Lithuania: 1) if the Seimas failed to adopt a decision on the new programme of the Government within 30 days of its presentation, or if the Seimas, within 60 days of its initial presentation, two times in succession disapproved of the Government programme; or 2) on the motion of the Government, if the Seimas passes a motion of no confidence in the Government. The President of the Republic may not call early elections to the Seimas if the term of office of the President of the Republic expires in less than six months, also if less than six months have passed since the early elections to the Seimas. The day of elections to the new Seimas shall be specified in the resolution of the Seimas or in the decree of the President of the Republic on the early elections to the

15 Seimas. The elections to the new Seimas must be held within three months from the adoption of the decision on the early elections. Article 59 The term of office of the Members of the Seimas shall commence from the day on which the newly-elected Seimas convenes for the first sitting. The powers of the outgoing Members of the Seimas shall expire from the moment of opening of this sitting. A newly elected Member of the Seimas shall acquire all the rights of a People's representative only after he swears at the Seimas an oath of loyalty to the Republic of Lithuania. A Member of the Seimas who either does not swear an oath in the manner prescribed by law, or who swears a conditional oath, shall lose the mandate of a Member of the Seimas. The Seimas shall adopt an appropriate resolution thereon. When in office, Members of the Seimas shall act in accordance with the Constitution of the Republic of Lithuania, the interests of the State, as well as their own conscience, and may not be restricted by any mandates. Article 60 The duties of Members of the Seimas, other than their duties at the Seimas, shall be incompatible with any other duties at State institutions or organisations, as well as with work in business, commercial and other private institutions or enterprises. During his term of office, a Member of the Seimas shall be exempt from the duty of doing national defence service. A Member of the Seimas may be appointed only the Prime Minister or a minister. The work of a Member of the Seimas as well as all the expenses relating to his parliamentary activities shall be remunerated from the funds of the State budget. A Member of the Seimas may not receive any other salary, with the exception of a pay for creative activities. The duties, rights and guarantees of the activities of a Member of the Seimas shall be established by law. Article 61

16 A Member of the Seimas shall have the right to submit an enquiry to the Prime Minister, the ministers, and the heads of other State institutions formed or elected by the Seimas. The said persons must respond orally or in writing during the Seimas session in the manner established by the Seimas. During a session of the Seimas, a group of at least one-fifth of the Members of the Seimas may submit an interpellation motion against 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, bya majority vote of half of all the Members of the Seimas, pass a motion of no confidence in the Prime Minister or a Minister. The voting procedure shall be established by law. Article 62 A Member of the Seimas shall enjoy immunity. A Member of the Seimas may not be prosecuted, arrested, nor may be subjected to any other restriction of his freedom without the consent of the Seimas. A Member of the Seimas may not be persecuted for voting or his speeches at the Seimas. However, legal proceedings may be instituted against him, as prescribed, for insult or slander. Article 63 The powers of a Member of the Seimas shall be terminated: 1) on the expiration of the term of his office, or when the Seimas, elected in an early elections, convenes for the first sitting; 2) upon his death; 3) upon his resignation; 4) when he is declared legally incapable by the court; 5) when the Seimas revokes his mandate on impeachment ; 6) when the election is recognised invalid, or if the law on election is grossly violated; 7) if he takes up or does not give up employment which is incompatible with the duties of a Member of the Seimas; and 8) if he loses citizenship of the Republicof Lithuania

17 Article 64 Every year, the Seimas shall convene for two regular sessions - spring and autumn. The spring session shall commence on 10 th of March and shall end on 30 th of June. The autumn session shall commence on 10 th September and shall end on 23 rd of December. The Seimas may resolve to prolong a session. Extraordinary sessions shall be convened by the Chairman of the Seimas upon the proposal of at least one-third of all the Members of the Seimas, and, in cases provided for in the Constitution, by the President of the Republic. Article 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 by themselves on the day following the expiration of the 15-day period. Article 66 The sittings of the Seimas shall be presided over by the Chairman or Vice- Chairman of the imas. The first sitting after the Seimas elections shall be opened by the eldest Member of the Seimas. Article 67 The Seimas shall: 1) consider and adopt amendments to the Constitution; 2) pass laws; 3) adopt resolutions on referenda; 4) call presidential elections of the Republic of Lithuania; 5) establish State institutions provided for by law, and appoint and dismiss their chief officers; 6) approve or reject the candidature of the Prime Minister nominated by the President of the Republic; 7) consider the programme of the Government submitted by the Prime Minister, and decide whether to approve it;

18 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 express no-confidence in the Prime Minister or a minister; 10) appoint justices and the Chairmen of the Constitutional Court and the Supreme Court; 11) appoint and dismiss the State Controller and the Chairman of the Board of the Bank of Lithuania; 12) call elections of municipal councils; 13) form the Central Electoral Committee and change its composition; 14) approve the State budget and supervise its implementation; 15) determine State taxes and other compulsory payments; 16) ratify or denounce international treaties to which the Republic of Lithuania is a party, and consider other issues of foreign policy; 17) determine administrative division of the Republic; 18) establish State awards of the Republic of Lithuania; 19) issue acts of amnesty; and 20) impose direct administration and martial law, declare a state of emergency, announce mobilisation, and adopt a decision to use the armed forces. Article 68 The right of legislative initiative at 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. 50,000 citizens of the Republic of Lithuania who have the voting right may submit a draft law to the Seimas; the Seimas must consider this draft law. Article 69 Laws shall be adopted at the Seimas in accordance with the procedure established by law. Laws shall be adopted if the majority of the Seimas Members participating in the sitting vote in favour thereof. Constitutional laws of the Republic of Lithuania shall be adopted if more than half of all the Members of the Seimas vote in favour; they shall be amended by at least a

19 three-fifths majority vote of all the Seimas Members. The Seimas shall determine a list of constitutional laws by a three-fifths majority vote of the Members of the Seimas. Provisions of the laws of the Republic of Lithuania may also be adopted by referendum. Article 70. The laws adopted by the Seimas shall come into force after they are signed and officially promulgated by the President of the Republic, unless the laws themselves establish a later date for their coming into force. Other acts adopted by the Seimas and the Statute of the Seimas shall be signed by the Chairman of the Seimas. Said acts shall come into force on the day following their promulgation, unless the acts themselves provide for different procedure for their coming into force. Article 71 The President of the Republic, within ten days of receiving a law passed by the Seimas, shall either sign and officially promulgate the law, or shall refer it back to the Seimas together with relevant reasons for reconsideration. If the law adopted by the Seimas is not referred back and is not signed by the President of the Republic within the specified period, the law shall come into force after it is signed and officially promulgated by the Chairman of the Seimas. A law or any other act adopted by referendum must, within five days, be signed and officially promulgated by the President of the Republic. If the President of the Republic does not sign and promulgate such a law within the specified period, the law shall come into force after it is signed and officially promulgated by the Chairman of the Seimas. Article 72 The Seimas may reconsider and adopt the law which has been referred back by the President of the Republic. The law reconsidered by the Seimas shall be deemed adopted if the amendments submitted by the President of the Republic were accepted or if more than half of all the Members of the Seimas voted for it, and if it was a constitutional law - if at least threefifths of all the Members of the Seimas voted for it.

20 Such laws must, within three days, be signed and, without delay, promulgated by the President. Article 73 Complaints of citizens about the abuse of authority and bureaucracy by State and local government officials, with the exception of judges, shall be examined by the Seimas ombudsmen. They shall have the right to advise the court to remove the guilty officials from office. The powers of the Seimas ombudsmen shall be established by law. The Seimas shall also establish, as necessary, other institutions of control. Their system and powers shall be established by law. Article 74 The President of the Republic, the Chairman and justices of the Constitutional Court, the Chairman and justices of the Supreme Court, the Chairman and judges of the Court of Appeal, as well as the Members of the Seimas who have grossly violated the Constitution or breached their oath, or if it transpires that they have committed a criminal offence may be removed from office by a three-fifths majority vote of all the Members of the Seimas, or their mandate of a Member of the Seimas may be revoked. This is done in impeachment proceedings which shall be established by the Statute of the Seimas. Article 75 Officials appointed or elected by the Seimas, with the exception of persons specified in Article 74, shall be removed from office when they receive a motion of no confidence from the Seimas by a majority vote of all the Members of the Seimas. Article 76 The structure of the Seimas and its rules of procedure shall be determined by the Statute of the Seimas. The Statute of the Seimas shall have the power of law. CHAPTER VI THE PRESIDENT OF THE REPUBLIC

21 Article 77 The President of the Republic shall be the Head of State. The President shall represent the State of Lithuania and shall perform all the duties with which he is charged by the Constitution and laws. Article 78 Any citizen of the Republic of Lithuania by origin, who has lived in Lithuania for at least the last three years, who has reached the age of at least 40 prior to the election day, and who is eligible to be elected a Member of the Seimas may be elected the President of the Republic. The President of the Republic shall be elected by the citizens of the Republic of Lithuania for a term of five years on the basis of universal, equal, and direct suffrage by secret ballot. The same person may not be elected President of the Republic of Lithuania for more than two consecutive terms. Article 79 Any citizen who meets the requirements set forth in paragraph 1 of Article 78 and who has collected signatures of at least 20,000 voters shall be registered as a presidential candidate. The number of candidates for the post of the President of the Republic shall not be limited. Article 80 Regular elections of the President of the Republic shall be held on the last Sunday two months before the expiration of the term of office of the President of the Republic. Article 81 The candidate for the post of President of the Republic who, during the first election round in which at least half of the voters participated, received more than half of the votes of all the voters who participated in the election, shall be deemed elected. If less than half of the voters participated in the election, the candidate who received the

22 greatest number of votes, but not less than one-third of votes of all the voters, shall be deemed elected. If, during the first election round, no single candidate gets the requisite number of votes, a run-off shall be held 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 not more than two candidates took part in the first election round, and neither of them received the requisite number of votes, a run-off shall be held. Article 82 The elected President of the Republic shall assume office on the day following the expiration of the term of office of the President of the Republic, after he, in Vilnius, in the presence of the representatives of the People - Members of the Seimas, swears an oath to the People to be loyal to the Republic of Lithuania and the Constitution, to fulfil in good faith the duties of President, and to be equally just to all. The re-elected President of the Republic shall also swear an oath. The act of oath of the President of the Republic shall be signed by the President and by the Chairman of the Constitutional Court, or, in his absence, by a justice of the Constitutional Court. Article 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 a pay for creative activities. A person elected the President of the Republic must suspend his activities in political parties and political organisations until the beginning of the campaign of a new presidential election. Article 84 The President of the Republic shall: 1) solve the fundamental issues of foreign policy 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;

23 3) appoint or recall, upon the recommendation of the Government, diplomatic representatives of the Republic of Lithuania in foreign states and international organisations; receive letters of credence and recall of diplomatic representatives of foreign states; confer the highest diplomatic ranks and special titles; 4) appoint, subject to the approval of the Seimas, the Prime Minister, charge him to form the Government, and approve its composition; 5) remove, subject to 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 the Government to continue exercising its functions until a new Government is formed; 7) accept the resignation of the Government and, as necessary, charge it to continue exercising its functions or charge one of the ministers to exercise the functions of the Prime Minister until a new Government is formed; accept resignations of ministers and may charge them to continue in office until a new minister is appointed; 8) upon the resignation of the Government or after it returns its powers, within 15 days, recommend to the Seimas the candidature of a new Prime Minister for consideration; 9) appoint or dismiss ministers upon the recommendation of the Prime Minister; 10) appoint or dismiss, according to the+ established procedure, State officials provided by law; 11) recommend candidatures of the Supreme Court justices to the Seimas and, upon the appointment of all the Supreme Court justices, recommend to the Seimas to appoint from among them the Chairman of the Supreme Court; appoint judges of the Court of Appeal, and from among them, subject to the approval of the Seimas, - the Chairman of the Court of Appeal; appoint judges and chairmen of district and regional courts, and change their places of office; in cases provided by law, recommend to the Seimas to remove judges from office; appoint and remove from office, subject to the approval of the Seimas, the Prosecutor General; 12) recommend to the Seimas the candidatures of three justices of the Constitutional Court, and, upon appointing all the justices of the Constitutional Court, recommend to the Seimas, to appoint from among them, the candidate for the post of the Chairman of the Constitutional Court;

24 13) recommend to the Seimas the candidatures of the State Controller and Chairman of the Board of the Bank of Lithuania; may recommend to the Seimas to express no confidence in said officials; 14) appoint or dismiss, upon the approval of the Seimas, the Commander of the Army and the head of the Security Service; 15) confer the highest military ranks; 16) adopt, in the event of an armed attack which threatens State sovereignty or territorial integrity, decisions concerning defence against such armed aggression, the imposition of martial law and declaration of mobilisation, and submit these decisions at the next sitting of the Seimas for approval; 17) declare a state of emergency according to the procedures and in cases established by law, and submit this decision to the next sitting of the Seimas for approval; 18) make annual reports at 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, an extraordinary session of the Seimas; 20) call regular elections to the Seimas, and, in cases set forth in paragraph 2 of Article 58 of the Constitution, call early 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 pardon 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. Article 85 The President of the Republic, by virtue of the power and authority vested in him, shall issue acts-decrees. In order to be valid, the decrees of the President, specified in items 3, 15, 17, and 21 of Article 84 of the Constitution, must be countersigned by the Prime Minister or an appropriate minister. Responsibility for such a decree shall lie with the Prime Minister or the minister who countersigned it. Article 86

25 The President of the Republic shall enjoy immunity: while in office, the President may not be arrested, prosecuted or held administratively liable. The President of the Republic may be prematurely removed from office only for gross violation of the Constitution or breach of the oath of office, also when it transpires that a criminal offence has been committed. The issue of removal of the President of the Republic from office shall be decided by the Seimas by impeachment proceedings. Article 87 When, in the cases specified in paragraph 2 of Article 58 of the Constitution, the President of the Republic calls early elections to the Seimas, the newly-elected Seimas may, by a three-fifths majority vote of all the Members of the Seimas and within 30 days of the first sitting, call an early election of the President of the Republic. The President of the Republic who wishes to stand in the election, shall be immediately registered as a candidate. If the President of the Republic is re-elected in such an election, he shall be deemed elected for the second term, provided that more than three years of his first term in office had expired prior to the election. If less than three years of the first term had expired, the President of the Republic shall only be elected for the remainder of the first term, which shall not be considered the second term in office. If an early election of the President of the Republic is called during the President's second term, the incumbent President of the Republic may only be elected for the remainder of the second term. Article 88 The powers of the President of the Republic shall be terminated: 1) upon the expiration of his term of office; 2) when an early presidential election is held; 3) upon his resignation from office; 4) upon the death of the President of the Republic; 5) when the Seimas removes the President from office on impeachment; and 6) when the Seimas, taking into consideration the conclusion of the Constitutional Court, by a three-fifths majority vote of all the Members of the Seimas, adopts a resolution stating that the President of the Republic is unable to fulfil the duties of his office for health reasons.

26 Article 89 In the event of the President s death, resignation, removal from office on impeachment, or if the Seimas resolves that the President of the Republic is unable to fulfil the duties of his office for health reasons, the duties of the President shall be temporarily taken over by the Chairman of the Seimas. In such a case, the Chairman of the Seimas shall lose his powers at the Seimas, and his duties shall be temporarily performed, by the order of the Seimas, by a Vice Chairman. In said cases, the Seimas shall, within 10 days, call an election of the President of the Republic which must be held within two months. If the Seimas cannot convene and call the election of the President of the Republic, the election shall be called by the Government. The Chairman of the Seimas shall act for the President of the Republic when the President is on a temporary foreign visit or has fallen ill and for this reason is temporarily unable to fulfil the duties of his office. While temporarily acting for the President of the Republic, the Chairman of the Seimas may neither call early 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 motion of no confidence in the Chairman of the Seimas. The powers of the President of the Republic may not be exercised in any other cases, or by any other persons or institutions. Article 90 The President of the Republic shall have his residence. The financing of the President of the Republic and of the President's residence shall be established by law. CHAPTER VII THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA Article 91 and ministers. The Government of the Republic of Lithuania shall consist of the Prime Minister Article 92

27 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 recommendation of the Prime Minister. The Prime Minister, within 15 days from his appointment, shall present to the Seimas the Government which he has formed and which has been approved by the President of the Republic, and shall submit for the consideration of the Seimas the programme of the Government. The Government shall return its powers to the President of the Republic after the Seimas elections or upon election of the President of the Republic. A new Government shall be empowered to act after the Seimas approves its programme by a majority vote of the Members of the Seimas participating in the sitting. Article 93 When assuming office, the Prime Minister and the ministers shall, at the Seimas, swear an oath to be loyal to the Republic of Lithuania, to observe the Constitution and laws. The text of the oath shall be set out in the Law on the Government. Article 94 The Government of the Republic of Lithuania shall: 1) administer the affairs of the country, safeguard the inviolability of the territory of the Republic of Lithuania, and ensure state security and public order; 2) enforce laws and resolutions of the Seimas on the implementation of the laws and the decrees of the President; 3) co-ordinate the activities of the ministries and other institutions of the Government; 4) draw up the draft budget of the State and submit it to the Seimas; implement the State Budget and submit a report on the implementation of the budget to the Seimas; 5) draw up draft laws and submit them to the Seimas for consideration; 6) establish diplomatic relations and develop relations with foreign countries and international organisations; and 7) discharge other duties prescribed to the Government by the Constitution and other laws.

28 Article 95 The Government of the Republic of Lithuania shall resolve the affairs of State administration during its meetings by issuing resolutions which are passed by a majority vote of all the members of the Government. The State Controller may also participate in the meetings of the Government. Government resolutions shall be signed by the Prime Minister and the appropriate minister. Article 96 The Government of the Republic of Lithuania shall be jointly and severally responsible to the Seimas for the general activities of the Government. The ministers, in directing the spheres of administration entrusted to them, shall be accountable to the Seimas, the President of the Republic, and shall be directly subordinate to the Prime Minister. Article 97 The Prime Minister shall represent the Government of the Republic of Lithuania and shall direct its activities. When the Prime Minister is not available, or when he is unable to discharge his duties, the President of the Republic of Lithuania, upon the recommendation of the Prime Minister, shall direct one of the ministers to act for the Prime Minister during a period not exceeding 60 days; when there is no such recommendation, the President of the Republic shall direct one of the ministers to act for the Prime Minister. Article 98 A minister shall head his respective ministry, resolve issues falling within the competence of the ministry, and shall also discharge other functions prescribed by laws. Only another member of the Government appointed by the Prime Minister may temporarily act for a minister. Article 9 The Prime Minister and ministers may not hold any other elected or appointed office, be employed in any business, commercial or other private institutions or

29 enterprises, nor may receive any remuneration other than the salary established for their respective Government offices and a pay for creative activities. Article 100 The Prime Minister and ministers may not be prosecuted, arrested or have their freedom restricted in any other way without a prior consent of the Seimas, and during the period when the Seimas is not in session - without a prior consent of the President of the Republic. Article 101 Upon the request of the Seimas, the Government or individual ministers must report about their activities to the Seimas. When more than half of the ministers have been replaced, the Government must be once again granted its powers by the Seimas or else the Government must resign. The Government must also resign in the following cases: 1) when the Seimas disapproves two times in succession of the programme of the newly formed Government; 2) when the majority of all the Members of the Seimas by secret ballot passes a motion of no confidence in the Government or in the Prime Minister; 3) when the Prime Minister resigns or dies; or 4) after the Seimas elections, when a new Government is formed. A minister must resign if more than half of all the Members of the Seimas, by secret ballot, passes a vote of no confidence in him. The President of the Republic shall accept resignation of the Government or an individual minister. CHAPTER VIII THE CONSTITUTIONAL COURT Article 102 The Constitutional Court shall rule on whether the laws and other legal acts of the Seimas are not in conflict with the Constitution and whether legal acts of the President and the Government do not violate the Constitution or laws.

30 The status of the Constitutional Court and the procedure for exercising its powers shall be established by the Law on the Constitutional Court of the Republic of Lithuania. Article 103 The Constitutional Court shall consist of nine justices appointed for one nineyear term which is not renewable. Every three years, one-third of the Constitutional Court shall be renewed. The Seimas shall appoint three candidates for the post of the justices of the Constitutional Court from among the candidates nominated by the President of the Republic of Lithuania, three candidates nominated by the Chairman of the Seimas and three candidates nominated by the Chairman of the Supreme Court; the candidates shall be appointed justices by the Seimas. The Chairman of the Constitutional Court shall be appointed from among the justices of the Constitutional Court on the recommendation of the President of the Republic of Lithuania. Citizens of the Republic of Lithuania who have an impeccable reputation, a university degree in law, and who have a record of at least ten years of work in the legal profession or research and teaching according to his qualifications as a lawyer, shall be eligible for appointment as justices of the Constitutional Court. Article 104 When in office, justices of the Constitutional Court shall act independently of any other State institution, person or organisation, and shall observe only the Constitution of the Republic of Lithuania. Before assuming office, justices of the Constitutional Court shall swear an oath at the Seimas to be loyal to the Republic of Lithuania and the Constitution. Justices of the Constitutional Court shall be subject to the same restrictions on work and political activities that are applicable to court judges. Justices of the Constitutional Court shall enjoy the same immunity as is granted to the Members of the Seimas. Article 105