LITUANUS
LITHUANIAN QUARTERLY JOURNAL OF ARTS AND SCIENCES
Volume 39,
No.1 - Spring 1993
Editor of this issue: Antanas Klimas, University of Rochester ISSN 0024-5089
Copyright © 1993 LITUANUS Foundation, Inc. |
CONSTITUTION OF THE REPUBLIC OF LITHUANIA
*Editor's note: This Constitution was adapted by referendum on October 25,1992. This is the translation we have received from the Lithuanian Embassy in Washington, D.C.
-having established the State of Lithuania many centuries ago,
-having based its legal foundations on the Lithuanian Statute and the Constitutions of the Republic of Lithuania,
-having for centuries defended its freedom and independence,
-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 fore-fathers—in the independent State of Lithuania,
-fostering national concord in the land of Lithuania,
-striving for an open, just, and 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 1 THE STATE OF LITHUANIA
Article 1
The State of Lithuania shall be an independent and democratic republic.
Article 2
The State of Lithuania shall be created by the People. Sovereignty shall be vested in the People.
Article 3
No one may limit or restrict the sovereignty of the People or make claims to the sovereign powers of the People.
Article 4
The People shall exercise the supreme sovereign power vested in them either directly or through their democratically elected representatives.
Article 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.
Article 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.
Article 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.
Article 8
The forced seizure of State power or any of its institutions shall be considered an anti-constitutional action, which is illegal and invalid.
Article 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.
Article 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 the Seimas members.
Article 11
The administrative divisions 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 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.
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 whereto the Republic of Lithuania is a party establishes otherwise.
Article 14
Lithuanian shall be the State language.
Article 15
The colors of the State flag shall be yellow, green, and red.
The State emblem shall be a white Vytis on a red back-ground.
The State flag and emblem and their use shall be established by law.
Article 16
The national anthem shall be Vincas Kudirka's 'Tautiðka Giesmë".
Article 17
The capital of the Republic of Lithuania shall be the city of Vilnius, the long-standing historical capital of Lithuania.
CHAPTER 2 THE INDIVIDUAL AND THE STATE
Article 18
The rights and freedoms of individuals shall be inborn.
Article 19
The right to life of individuals shall be protected by law.
Article 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 inflagrante delicto must, within 48 hours, be brought to court for the purpose of determining, 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.
Article 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 thereof and consent thereto.
Article 22
The private life of an individual shall be inviolable.
Personal correspondence, telephone conversations, telegraph messages, and other intercommunications shall be in-violable.
Information concerning the private life of an individual 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.
Article 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.
Article 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.
Article 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.
Article 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 pre-scribed 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.
Article 27
A person's convictions, professed religion or faith may justify neither the commission of a crime nor the violation of law.
Article 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.
Article 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.
Article 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.
Article 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. Per-sons 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.
Article 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 be 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.
Article 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.
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 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 organization(s) shall be regulated by law.
Article 36
Citizens may not be prohibited or hindered 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, health or morals, or the rights and freedoms of other persons.
Article 37
Citizens who belong to ethnic communities shall have the right to foster their language, culture, and customs.
CHAPTER 3 SOCIETY AND THE STATE
Article 38
The family shall be 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 also 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 sup-port 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.
Article 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.
Article 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 supervise the activities of establishments of teaching and education.
Article 41
Education shall be compulsory for persons under the age of l6.
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.
Article 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.
Article 43
The State shall recognize traditional Lithuanian churches and religious organizations, as well as other churches and religions 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.
Article 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.
Article 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 4
NATIONAL ECONOMY AND LABOR
Article 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 law 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 compensation.
The State shall defend the interests of the consumers.
Article 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 establishments 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 owner-ship right to the air-space over its
territory, its continental shelf, and the economic zone in the Baltic Sea.
Article 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
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.
Labour which is performed by convicts in places of confinement and which is regulated by law shall not be deemed as forced labor either.
Article 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.
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.
Article 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.
Article 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.
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 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.
Article 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 5 THE SEIMAS
Article 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.
Article 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 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.
Article 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.
Article 58
Pre-term elections to the Seimas may be held on the decision of the Seimas adopted by 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 program of the Government within 30 days of its presentation, 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 decree of the President of the Republic concerning the 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.
Article 59
The 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.
Article 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.
Article 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 interpolate the Prime Minister or a Minister.
Upon considering the response of the Prime Minister or Minister to the interpolation, the Seimas may decide that the response is not satisfactory, and, by a majority vote of half of (The) voting procedure
shall be established by law.
Article 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 actions may be instituted
against Seimas members according to the general procedure if they are guilty of
personal insult or slander.
Article 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, convenes 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 accordance 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, employment which is incompatible with the duties of a Seimas
member; and
8) if he or she loses citizenship of
the Republic of Lithuania.
Article 64
Every year, the Seimas shall convene
for two regular sessions—one 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.
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 the
day following the expiration of the 15-day period.
Article 66
The Chairperson of 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.
Article 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 appoint 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 express non-confidence in the Prime Minister or individual
Ministers.
10) appoint judges to, and Chairpersons
of, the Constitutional Court and the Supreme Court;
11) appoint to, and dismiss from,
office the State Controller as well as the Chairperson of the Board of the Bank
of Lithuania;
12) announce local government Council
election;
13) form the Central Electoral
Committee and change its composition;
14) approve the State budget and
supervise the implementation 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) issue 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.
Article 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.
Article 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 Provisions of the laws of the Republic
of Lithuania may also be adopted by referendum.
Article 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.
Article 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 such 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.
Article 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 the Seimas
members vote in the affirmative, and if its a constitutional law—if at least
three-fifths of all 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.
Article 73
Seimas controllers shall examine
complaints of citizens concerning the abuse of powers by, and bureaucracy of,
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.
Article 74
For gross violation 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 Court of Appeals, as
well as Seimas members, or may revoke their 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.
Article 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.
Article 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 6 THE PRESIDENT
OF THE REPUBLIC
Article 77
The President of the Republic is the
head of State.
The President shall represent the State
of Lithuania and Article 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 the election day, and who is
eligible for election to 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.
Article 79
Any citizen who meets the requirements
set forth in Part I 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.
Article 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.
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 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 votes of
all the voters, shall be deemed the elected candidate.
If, during 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.
Article 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 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 by the Chairperson of the
Constitutional Court, or, in the absence of the Chairperson, by a judge 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
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.
Article 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 organizations; 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 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 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 Government or after it returns its powers and no later than
within 15 days, the candidature of a new Prime Minister for consideration;
9) appoint or dismiss individual
Ministers upon the recommendation of the Prime Minister;
10) appoint or dismiss, according to
the established procedure, state officers provided by law;
11) propose Supreme Court judge
candidates to the Seimas, and, upon the appointment of all the 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 Constitutional Court judges, and, upon 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 the 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, extraordinary 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.
Article 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.
Article 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 offense. The Seimas shall
resolve issues concerning the dismissal of the President of the Republic from
office according to impeachment proceedings.
Article 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.
Article 88
The powers of the President of the
Republic 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 according to impeachment proceedings; and
6) when the Seimas, taking into
consideration the conclusion of the Constitutional Court and by three-fifths
majority vote of all the Seimas members, adopts a resolution stating that the
President of the Republic is unable to fulfill duties of office for reasons of
health.
Article 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 fulfill 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 announce
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.
Article 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 7 THE GOVERNMENT
OF THE REPUBLIC OF LITHUANIA
Article 91
The Government of the Republic of
Lithuania shall consist of the Prime Minister and Ministers.
Article 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 elections 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.
Article 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 text of the oath shall be established by the Law on the Government
Article 94
The Government of the
Republic of Lithuania shall:
1) administer the affairs of the
country, protect the inviolability of the territory of the Republic of
Lithuania, and ensure State security and public order;
2) implement laws and resolutions of
the Seimas concerning the implementation of laws, as well as the decrees 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 consideration;
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.
Article 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 the sittings of the
Government.
Government directives shall be signed
by the Prime Minister and the appropriate Minister.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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) the Seimas disapproves 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 8 THE
CONSTITUTIONAL COURT
Article 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.
Article 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 for
appointment as judges of the Constitutional Court.
Article 104
In fulfilling their duties, judges of
the Constitutional Court shall act independently of any other State institution,
person or organization, and shall observe only the Constitution of the Republic
of Lithuania.
Before entering office, judges of the
Constitutional Court shall, in the Seimas, swear to be faithful to the Republic
of Lithuania and the Constitution.
The restrictions on work and political
activities which are imposed on court judges shall also apply to judges of the
Constitutional Court.
Judges of the Constitutional Court
shall have the same rights concerning the inviolability of their person as shall
members of the Seimas.
Article 105
The Constitutional Court shall consider
and adopt decisions concerning the conformity of laws of the Republic of
Lithuania and legal acts adopted by the Seimas with the Constitution of the
Republic of Lithuania.
The Constitutional Court shall also
consider the conformity with the Constitution of:
1) legal acts of the President; and
2) legal acts of the Government.
The Constitutional Court shall present
conclusions concerning:
1) the violation of election laws
during presidential elections or elections to the Seimas;
2) whether the President of the
Republic of Lithuania's health is not limiting his or her capacity to continue
in office;
3) the conformity of international
agreements of the Republic of Lithuania with the Constitution; and
4) the compliance with the Constitution
of concrete actions of Seimas members or other State officers against whom
impeachment proceedings have been instituted.
Article 106
The Government, no less than 1 /5 of
the members of the Seimas, and the courts shall have the right to address the
Constitutional Court concerning legal acts specified in part 1 of Article 105.
No less than 1/5 of the members of the
Seimas and the courts shall have the right to address the Constitutional Court
concerning the conformity of acts of the President with the Constitution and the
laws.
No less than 1 /5 of the members of the
Seimas, the courts, and the President of the Republic of Lithuania shall have
the right to address the Constitutional Court concerning the conformity of an
act of the Government with the Constitution and the laws.
Upon the proposal of the President or
the decision of the Seimas to investigate the conformity of an act with the
Constitution, the applicability of the act shall be suspended.
The Seimas may request a conclusion
from the Constitutional Court, and in cases concerning Seimas elections and
international agreements, the President of the Republic of Lithuania may also
request a conclusion.
The Constitutional Court shall have the
right to refuse to accept cases for investigation or to prepare conclusions if
the appeal is not based on legal motives.
Article 107
Laws (or parts thereof) of the Republic
of Lithuania or any other acts (or parts thereof) of the Seimas, acts of the
President of the Republic of Lithuania, and acts (or parts thereof) of the
Government may not be applied from the day of official promulgation of the decision of the
Constitutional Court that the act in question (or part thereof) is inconsistent
with the Constitution of the Republic of Lithuania.
The decisions of the Constitutional
Court on issues assigned to its jurisdiction by the Constitution shall be final
and may not be appealed.
On the basis of the conclusions of the
Constitutional Court, the Seimas shall have a final decision on the issues set
forth in part 3 of Article 105 of the Constitution.
Article 108
The powers of a judge of the
Constitutional Court shall be terminated:
1) on the expiration of the term of
office;
2) upon the death of the judge;
3) upon voluntary resignation;
4) when the judge is incapable to
fulfill his or her duties for health reasons; and
5) upon being removed from office by
the Seimas according to the impeachment proceedings.
CHAPTER 9 THE COURT
Article 109
In the Republic of Lithuania, the
courts shall have the exclusive right to administer justice.
While administering justice, judges and
courts shall be independent.
While investigating cases, judges shall
obey only the law.
The court shall adopt decisions on
behalf of the Republic of Lithuania.
Article 110
Judges may not apply laws which
contradict the Constitution.
In cases when there are grounds to
believe that the law or other legal act applicable in a certain case contradicts
the Constitution, the judge shall suspend the investigation and shall appeal to
the Constitutional Court to decide whether the law or other legal act in
question complies with the Constitution.
Article 111
The court system of the Republic of
Lithuania shall consist of the Supreme Court, the Court of Appeal, district
courts, and local courts.
For the investigation of
administrative, labor, family and other litigations, specialized courts may be
established pursuant to law.
Courts with special powers may not be
established in the Republic of Lithuania in times of peace.
The formation and competence of courts
shall be determined by the Law on Courts of the Republic of Lithuania.
Article 112
In Lithuania, only citizens of the
Republic of Lithuania may be judges.
Supreme Court judges, as well as the
Chairperson of the Supreme Court, who shall be chosen from among them, shall be
appointed and dismissed by the Seimas upon the recommendation of the President
of the Republic of Lithuania.
Judges of the Court of Appeals, as well
as the Chairperson, who shall be chosen from among them, shall be appointed by
the President of the Republic of Lithuania upon the approval of the Seimas.
Judges and chairpersons of district
courts, local courts, and other specialized courts shall be appointed, and if
necessary, transferred to other places of office, by the President of the
Republic of Lithuania.
A special institution of judges
provided by law shall submit recommendations to the President concerning the
appointment of judges, as well as their promotion, transference, or dismissal
from office.
A person appointed as judge shall
swear, according to the procedure established by law, to be faithful to the
Republic of Lithuania and to administer justice only pursuant to law.
Article 113
Judges may not hold any other elected
or appointed posts, and may not be employed in any business, commercial, or
other private institution or company. They are also not permitted to receive any
remuneration other than the salary established for judges as well as payments
for educational, scientific, or creative activities.
Judges may not participate in the
activities of political parties and other political organizations.
Article 114
Institutions of State power and
administration, members of the Seimas and other officers, political parties,
public organizations, and citizens shall be prohibited from interfering with the
activities of a judge or the court, and violation of this shall incur liability.
Judges may not have legal actions
instituted against them, nor may they be arrested or restricted of personal
freedom without the consent of the Seimas, or in the period between sessions of
the Seimas, of the President of the Republic of Lithuania.
Article 115
Court judges of the Republic of
Lithuania shall be dismissed from office according to the procedure established
by law in the following cases:
1) at their own will;
2) upon expiration of their powers or
upon reaching pensionable age as determined by law;
3) for reasons of health;
4) upon appointment to another office
or upon voluntary transference to another place of office;
5) if their behavior discredits their
position as judge; and
6) when judgment imposed on them by
court comes into force.
Article 116
If the Chairperson or judges of the
Supreme Court or of the Court of Appeals grossly violate the Constitution, break
their oath, or are found guilty of an offense, the Seimas may remove them from
office according to impeachment proceedings.
Article 117
In all courts, the investigation of
cases shall be open to the public. Closed court sittings may be held in order to
protect the secrecy of a citizen's or the citizen's family's private life, or to
prevent the disclosure of State, professional, or commercial secrets.
In the Republic of Lithuania, court
trials shall be conducted in the State language.
Persons who do not speak Lithuanian
shall be guaranteed the right to participate in investigation and court
proceedings through an interpreter.
Article 118
Public prosecutors shall prosecute
criminal cases on behalf of the State, shall carry out criminal prosecutions,
and shall supervise the activities of the interrogative bodies.
Pretrial interrogation shall be carried
out by investigators. The procedure for the appointment of public prosecutors
and their status shall be established by law.
CHAPTER 10 LOCAL
GOVERNMENTS AND ADMINISTRATION
Article 119
Administrative units provided by law on
State territory shall be entitled to the right of self-government. This right
shall be implemented through local government Councils.
Members of local government Councils
shall be elected for a two-year term on the basis of universal, equal and direct
suffrage by secret ballot by the residents of their administrative unit who are
citizens of the Republic of Lithuania.
The procedure for the organization and
activities of self-government institutions shall be established by law.
Local government Councils shall form
executive bodies which are accountable to them for the direct implementation of
the laws of the Republic of Lithuania and the decisions of the Government and
the local government Council.
Article 120
The State shall support local
governments. Local governments shall act freely and independently within the
limits of their competence which shall be established by the Constitution and
laws.
Article 121
Local governments shall draft and
approve their own budget.
Local government Councils shall have
the right within the established limits and according to the procedure provided
by law to establish local dues, and to provide for the leverage of taxes and
duties at the expense of their own budget.
Article 122
Local government Councils shall have
the right to appeal to court regarding the violation of their rights.
Article 123
In higher level administrative units,
the administration shall be organized by the Government according to the
procedure established by law.
Representatives shall be appointed by
the Government to supervise that the Constitution and the laws are observed, and
that the decisions of the Government are implemented.
The powers of Government
representatives and the procedures of the implementation shall be established by
law.
In cases and according to procedures
provided by law, the Seimas may introduce direct administration on local
government territory.
Article 124
Deeds and actions of local government
Councils as well as of their executive bodies and officers which violate the
rights of citizens and organizations may be appealed against in court.
CHAPTER 11 FINANCES,
THE STATE BUDGET
Article 125
In the Republic of Lithuania, the
central bank shall be the Bank of Lithuania, which is owned by the State.
The Bank of Lithuania shall have the
exclusive right to issue bank notes.
The procedures for the organization and
activities of the Bank of Lithuania as well as its powers shall be established
by law.
Article 126
The Bank of Lithuania shall be directed
by the Bank Board, which shall consist of the Board Chairperson, the deputies of
the Chairperson, and the Board members.
The Board Chairperson of the Bank of
Lithuania shall be appointed for a five-year term by the Seimas on the
nomination of the President of the Republic of Lithuania.
Article 127
The budgetary system of the Republic of
Lithuania shall consist of the independent State budget of the Republic of
Lithuania and the independent local governments budgets.
State budget revenues shall be accrued
from taxes, compulsory payments, dues, receipts from State property, and other
income.
Taxes, and other budgetary payments,
and dues shall be established by the laws of the Republic of Lithuania.
Article 128
Decisions concerning State loans and
other basic property liabilities of the State shall be adopted by the Seimas on
the recommendation of the Government.
Procedures concerning the management,
utilization, and disposal of State property shall be established by law.
Article 129
The budget year shall begin on he first
of January and shall end on the thirty-first of December.
Article 130
The Government of the Republic of
Lithuania shall prepare a draft budget of the State, and shall submit it to the
Seimas no later than 75 days before the end of the budget year.
Article 131
The draft budget of the State shall be
considered by the Seimas, and shall be approved by law by the beginning of the
new budget year.
Upon considering the draft budget, the
Seimas may only increase expenditures upon specifying financial sources for said
expenditures. Expenditures established by law may not be reduced as long as said
laws are not amended.
Article 132
If the State Budget is not approved by
the prescribed date, monthly budget expenditures at the beginning of the budget
year may not exceed one-twelfth of the State Budget expenditures of the previous
budget year.
During the budget year the Seimas may
change the budget. It shall be changed according to the same procedure by which
it was drafted, adopted and approved. As necessary, the Seimas may approve an
additional budget.
CHAPTER 12 CONTROL OF
THE STATE
Article 133
The system and powers of State Control
shall be established by law.
State control shall be directed by the
State Controller who shall be appointed for a five-year term by the Seimas upon
the nomination of the President of the Republic of Lithuania.
Before taking office, the State
Controller shall take an oath. The oath shall be established by law.
Article 134
State control shall supervise the
legality of the management and utilization of State property and the realization
of the State budget.
The State Controller shall give an
account to the Seimas on the annual execution of the State budget.
CHAPTER 13 FOREIGN
POLICY AND NATIONAL DEFENSE
Article 135
In conducting foreign policy, the
Republic of Lithuania shall pursue the universally recognized principles and
norms of international law, shall strive to safeguard national security and
independence as well as the basic rights, freedoms and welfare of its citizens,
and shall take part in the creation of sound international order based on law
and justice.
In the Republic of Lithuania, war
propaganda shall be prohibited.
Article 136
The Republic of Lithuania shall
participate in international organizations provided that they do not contradict
the interests and independence of the State.
Article 137
Weapons of mass destructions and
foreign military bases may not be stationed on the territory of the Republic of
Lithuania.
Article 138
The Seimas shall either ratify or
denounce international treaties of the Republic of Lithuania which concern:
1) the realignment of the State borders
of the Republic of Lithuania;
2) political cooperation with foreign
countries, mutual assistance, or treaties related to national defense;
3) the renunciation of the utilization
of, or threatening by, force, as well as peace treaties;
4) the stationing and status of the
armed forces of the Republic of Lithuania on the territory of a foreign state;
5) the participation of Lithuania in
universal or regional international organizations; and
6) multilateral or long term economic
agreements.
Laws and international treaties may provide for other cases International agreements which are
ratified by the Seimas of the Republic of Lithuania shall be
the constituent part of the Article 139
The defense of the state of Lithuania
from foreign armed attack shall be the right and duty of every citizen of the
Republic of Lithuania.
Citizens of the Republic of Lithuania
are obliged to serve in the national defense service or to perform alternative
service in the manner established by law.
The organization of national defense
shall be established by laws.
Article 140
The main issues of national defense
shall be considered and coordinated by the State Defense Council which consists
of the President of the Republic of Lithuania, the Prime Minister, the Seimas
Chairperson, the Minister of National Defense, and the Chief Commander of the
Army. The State Defense Council shall be headed by the President of the Republic
of Lithuania. Procedures for its formation, activities and powers shall be
established by law.
The Chief Commander of the armed forces
shall be the President of the Republic of Lithuania.
The Government, the Minister of
National Defense, and the Chief Commander of the Army shall be responsible to
the Seimas for the provision and command of State armed forces. The Minister of
National Defense may not be a serviceman who has not yet retired from active
service.
Article 141
Soldiers in active military service or
alternative service, officers of the national defense, the police and the
internal service, non-commissioned officers, reenlists who have not retired from
service, and other paid officers of military and security services may not be
members of the Seimas or of local government Councils. They may not hold elected
or appointed posts in State civil service, and may not take part in the
activities of political parties and political organizations.
Article 142
The Seimas shall impose martial law,
shall announce mobilization or demobilization, and shall adopt decisions to use
the armed forces in defense of the homeland or for the fulfillment of the
international obligations of Lithuania.
In the event of an armed attack which
threatens the sovereignty of the State or territorial integrity, the President
of the Republic of Lithuania shall immediately pass a decision concerning
defense against such armed aggression, shall impose martial law throughout the
country or in separate parts thereof, shall declare mobilization, and shall
submit these decisions to the next sitting of the Seimas; in the period between
sessions, the President shall immediately convene an unscheduled session of the
Seimas. The Seimas shall approve or abolish the decision of the President of the
Republic of Lithuania.
Article 143
In the event that a regular election
must be held in time of military actions, either the Seimas or the President
shall adopt a decision to extend the terms of the Seimas, the President, and
local government Councils. In such cases, elections must be held within three
months of the end of the war.
Article 144
In the event that the constitutional
system or public order of the State is threatened, the Seimas may declare a
state of emergency throughout the country, or in separate parts thereof, for a
period not exceeding six months.
In the event of emergency, and if the
Seimas is not in session, the President of the Republic shall have the right to
pass such a decision, and shall, at the same time, convene an unscheduled
session of the Seimas for the consideration of this issue. The Seimas shall
approve or abolish the decision of the President of the Republic of Lithuania.
States of emergency shall be regulated
by law.
Article 145
During martial law or a state of
emergency, the rights and freedoms specified in Articles 22, 24, 25,32,35, and
36 or the Constitution may be temporarily restricted.
Article 146
The State shall provide and care for
soldiers whose health is damaged during military service, as well as for the
families of soldiers who lose their lives during military services.
The State shall also provide for
citizens whose health is damaged while defending the homeland, and for the
families of citizens who lose their lives in defense of the State.
CHAPTER 14 AMENDING
THE CONSTITUTION
Article 147
In order to amend or append the
Constitution of the Republic of Lithuania, a proposal must be submitted to the
Seimas by either no less than one-fourth of the members of the Seimas, or by at
least 300,000 voters.
During a state of emergency or martial
law, amendments to the Constitution may not be made.
Article 148
The provisions of Article 1 of the
Constitution that the State of Lithuania is an independent democratic republic
may only be amended by a referendum in which at least three-fourths of the
electorate of Lithuania vote in favor thereof.
The provisions of Chapter 1 ("The
State of Lithuania") and Chapter 14 ("Amending the Constitution")
may be amended only be referendum.
Amendments of other chapters of the
Constitution must be considered and voted upon in the Seimas twice. There must
be a lapse of at least three months between each vote. Bills for constitutional
amendments shall be deemed adopted by the Seimas if, in each of the votes, at
least two-thirds of all the members of the Seimas vote in favor of the
enactment.
An amendment to the Constitution which
is rejected by the Seimas may not be submitted to the Seimas for reconsideration
for the period of one year.
Article 149
The adopted law on an amendment to the
Constitution shall be signed by the President of the Republic of Lithuania and
officially promulgated within 5 days.
If the President of the Republic of
Lithuania does not sign and promulgate such a law in due time, this law shall
become effective when the Chairperson of the Seimas signs and promulgates it.
The law on an amendment to the
Constitution shall become effective no earlier than one month after the adoption
thereof.
FINAL PROVISIONS
Article 150
The constituent parts of the
Constitution of the Republic of Lithuania shall be:
The 11 February 1991 Constitutional Law
"On the State of Lithuania";
The 8 June 1992 Constitutional Act
"On the Non-Alignment of the Republic of Lithuania with Post-Soviet Eastern
Alliances."
Article 151
This Constitution of the Republic of
Lithuania shall become effective the day following the official promulgation of
the results of the Referendum, provided that in the Referendum more than half of
the electorate of Lithuania voted in favor thereof.
Article 152
The procedure for the enforcement of
this Constitution and separate provisions thereof shall be regulated by Law of
the Republic of Lithuania "On the Procedure for the Enforcement of the
Constitution of the Republic of Lithuania," which, together with this
Constitution of the Republic of Lithuania, shall be adopted by referendum.
Article 153
Upon the adoption of this Constitution
in the Referendum, the Seimas of the Republic of Lithuania may, by 25
October 1993, amend by three-fifths majority vote of all the Seimas member the
provisions of the Constitution of the Republic of Lithuania set forth in
Articles 47,55,56, in item 2 of the second part of Article 58, 65, 68, 69, in
items 11 and 12 of Article 84, in the first part of Article 87, 96, 103, 118,
and in the fourth part of Article 119.
Article 154
Upon their adoption by referendum, the
Constitution of the Republic of Lithuania and the Law of the Republic of
Lithuania "On the Procedure for the Enforcement of the Constitution of the
Republic of Lithuania" shall be signed and promulgated within 15 days by
the President of the Supreme Council of the Republic of Lithuania.