Adopted on: ۲۵ Oct ۱۹۹۲
[Preamble]
The Lithuanian Nation
– havinggg established the State of Lithuania many centuries ago٫
– havinggg based its legal foundations on the Lithuanian Statutes and the
Constitutions of the Republic of Lithuania٫
– havinggg for centuries defended its freedom and independence٫
– havinggg preserved its spirit٫ native language٫ writing٫ and customs٫
– embodying the inborn right of each person and the People to live and
createee freely in the land of their fathers and forefathers٫ 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 ۱ The State of Lithuania
Article ۱
The State of Lithuania shall be an independent and democratic republic.
Article ۲
The State of Lithuania shall be createeed by the People. Sovereignty shall be
vested in the People.
Article ۳
(۱) No one may limit or restrict the sovereignty of the People or make claims
to the sovereign powers of the People.
(۲) The People and each citizen shall have the right to oppose anyone who
encroaches on the independence٫ territorial integrity٫ or constitutional order
of the State of Lithuania by force.
Article ۴
The People shall exercise the supreme sovereign power vested in them either
directly or through their democratically elected representatives.
Article ۵
(۱) In Lithuania٫ the powers of the State shall be exercised by the Parliament٫
the President of the Republic and Government٫ and the Judiciary.
(۲) The scope of powers shall be defined by the Constitution.
(۳) Institutions of power shall serve the people.
Article ۶
(۱) The Constitution shall be an integral and directly applicable statute.
(۲) Every person may defend his or her rights on the basis of the Constitution.
Article ۷
(۱) Any law or other statute which contradicts the Constitution shall be
invalid.
(۲) Only laws which are promulgated shall be valid.
(۳) Ignorance of the law shall not exempt a person from responsibility.
Article ۸
The forced seizure of State power or any of its institutions shall be
considered an anti-constitutional action٫ which is illegal and invalid.
Article ۹
(۱) The most significant issues concerning the life of the State and the People
shall be decided by referendum.
(۲) In the cases established by law٫ referendums shall be announced by the
Parliament.
(۳) Referendums shall also be announced if no less than ۳۰۰٫۰۰۰ of the
electorate so request.
(۴) The procedure for the announcement and execccution of a referendum shall
be established by law.
Article ۱۰
(۱) The territory of the State of Lithuania shall be integral and shall not be
divided into any state derivatives.
(۲) 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
Parliament members.
Article ۱۱
The administrative divisions of the territory of the State of Lithuania and
their boundaries shall be determined by law.
Article ۱۲
(۱) Citizenship of the Republic of Lithuania shall be acquired by birth or on
other bases established by law.
(۲) 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.
(۳) The procedure for the acquisition and loss of citizenship of the Republic
of Lithuania shall be established by law.
Article ۱۳
(۱) The State of Lithuania shall protect its citizens abroad.
(۲) 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 ۱۴
Lithuanian shall be the State language.
Article ۱۵
(۱) The colors of the State flag shall be yellow٫ green٫ and red.
(۲) The State emblem shall be a white Vytis on a red background.
(۳) The State flag and emblem and their use shall be established by law.
Article ۱۶
The national anthem shall be Vincas Kudirka''s "Tautiska Giesmes".
Article ۱۷
The capital of the Republic of Lithuania shall be the city of Vilnius٫ the
long-standing historical capital of Lithuania.
Chapter ۲ The Individual and the State
Article ۱۸
The rights and freedoms of individuals shall be inborn.
Article ۱۹
The right to life of individuals shall be protected by law.
Article ۲۰
(۱) Personal freedom shall be inviolable.
(۲) 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.
(۳) A person detained in flagrante delicto must٫ within ۴۸ hours٫ be brought to
court for the purpose of determining٫ in the presence of the detainee٫ the
validity of the detention. In the event that the court does not pass a decision
to arrest the person٫ the detained individual shall be released immediately.
Article ۲۱
(۱) The person shall be inviolable.
(۲) Human dignity shall be protected by law.
(۳) It shall be prohibited to torture٫ injure٫ degrade٫ or maltreat a person٫
as well as to establish such punishments.
(۴) No person may be subjected to scientific or medical testing without his or
her knowledge thereof and consent thereto.
Article ۲۲
(۱) The private life of an individual shall be inviolable.
(۲) Personal correspondence٫ telephone conversations٫ telegraph messages٫ and
other intercommunications shall be inviolable.
(۳) Information concerning the private life of an individual may be collected
only upon a justified court order and in accordance with the law.
(۴) 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 ۲۳
(۱) Property shall be inviolable.
(۲) The rights of ownership shall be protected by law.
(۳) Property may only be seized for the needs of society according to the
procedure established by law and must be adequately compensated for.
Article ۲۴
(۱) A person''s dwelling place shall be inviolable.
(۲) 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 objectttive of such an action is to
protect public order٫ apprehend a criminal٫ or save a person''s life٫ health٫
or property.
Article ۲۵
(۱) Individuals shall have the right to have their own convictions and freely
express them.
(۲) Individuals must not be hindered from seeking٫ obtaining٫ or disseminating
information or ideas.
(۳) 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.
(۴) 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.
(۵) Citizens shall have the right to obtain any available information which
concerns them from State agencies in the manner established by law.
Article ۲۶
(۱) Freedom of thought٫ conscience٫ and religion shall not be restricted.
(۲) 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.
(۳) No person may coerce another person or be subject to coercion to adopt or
profess any religion or faith.
(۴) A person''s freedom to profess and propagate his or her religion or faith
may be subject only to those limitations prescribed by law and only when such
restrictions are necessary to protect the safety of society٫ public order٫ a
person''s health or morals٫ or the fundamental rights and freedoms of others.
(۵) 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 ۲۷
A person''s convictions٫ professed religion or faith may justify neither the
commission of a crime nor the violation of law.
Article ۲۸
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 ۲۹
(۱) All people shall be equal before the law٫ the court٫ and other State
institutions and officers.
(۲) 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 ۳۰
(۱) Any person whose constitutional rights or freedoms are violated shall have
the right to appeal to court.
(۲) The law shall establish the procedure for compensating material and moral
damage inflicted on a person.
Article ۳۱
(۱) 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.
(۲) Every indicted person shall have the right to a fair and public hearing by
an independent and impartial court. Persons cannot be compelled to give
evidence against themselves or against their family members or close relatives.
(۳) Punishments may only be administered or applied on the basis of law.
(۴) No person may be punished for the same offence twice.
(۵) From the moment of arrest or first interrogation٫ persons suspected or
accused of a crime shall be guaranteed the right to defence and legal counsel.
Article ۳۲
(۱) Citizens may move and choose their place of residence in Lithuania freely٫
and may leave Lithuania at their own will.
(۲) 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.
(۳) A citizen may not be prohibited from returning to Lithuania.
(۴) Every Lithuanian person may settle in Lithuania.
Article ۳۳
(۱) 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.
(۲) 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.
(۳) Citizens shall be guaranteed the right to petition; the procedure for
implementing this right shall be established by law.
Article ۳۴
(۱) Citizens who٫ on the day of election٫ are ۱۸ years of age or over٫ shall
have the right to vote in the election.
(۲) The right to be elected shall be established by the Constitution of the
Republic of Lithuania and by the election laws.
(۳) Citizens who are declared legally incapable by court shall not participate
in elections.
Article ۳۵
(۱) 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.
(۲) No person may be forced to belong to any society٫ political party٫ or
association.
(۳) The founding and functioning of political parties and other political and
public organization shall be regulated by law.
Article ۳۶
(۱) Citizens may not be prohibited or hindered from assembling in unarmed
peaceful meetings.
(۲) This right may not be subjected to any restrictions except those which are
provided by law and are necessary to protect the security of the State or the
community٫ public order٫ people''s health or morals٫ or the rights and
freedoms of other persons.
Article ۳۷
Citizens who belong to ethnic communities shall have the right to foster their
language٫ culture٫ and customs.
Chapter ۳ Society and the State
Article ۳۸
(۱) The family shall be the basis of society and the State.
(۲) Family٫ motherhood٫ fatherhood٫ and childhood shall be under the care and
protection of the State.
(۳) Marriage shall be entered into upon the free consent of man and woman.
(۴) The State shall register marriages٫ births٫ and deaths. The State shall
also recognize marriages registered in church.
(۵) In the family٫ spouses shall have equal rights.
(۶) The right and duty of parents is to bring up their children to be honest
individuals and loyal citizens٫ as well as to support them until they come of
age.
(۷) The duty of children is to respect their parents٫ to care for them in old
age٫ and to preserve their heritage.
Article ۳۹
(۱) The State shall take care of families bringing up children at home٫ and
shall render them support in the manner established by law.
(۲) The law shall provide for paid maternity leave before and after childbirth٫
as well as for favorable working conditions and other privileges.
(۳) Children who are under age shall be protected by law.
Article ۴۰
(۱) State and local government establishments of teaching and education shall
be secular. At the request of parents٫ they shall offer classes in religious
instruction.
(۲) Non-governmental teaching and educational institutions may be established
according to the procedure established by law.
(۳) Institutions of higher learning shall be granted autonomy.
(۴) The State shall supervise the activities of establishments of teaching and
education.
Article ۴۱
(۱) Education shall be compulsory for persons under the age of ۱۶.
(۲) Education at State and local government secondary٫ vocational٫ and higher
schools shall be free of charrrge.
(۳) 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 charrrge.
Article ۴۲
(۱) Culture٫ science٫ research and teaching shall be unrestricted.
(۲) The State shall support culture and science٫ and shall be concerned with
the protection of Lithuanian history٫ art٫ and other cultural monuments and
valuables.
(۳) The law shall protect and defend the spiritual and material interests of
authors which are related to scientific٫ technical٫ cultural٫ and artistic
work.
Article ۴۳
(۱) The State shall recognize traditional Lithuanian churches and religious
organizations٫ as well as other churches and religious organizations provided
that they have a basis in society and their teaching and rituals do not
contradict morality or the law.
(۲) Churches and religious organizations recognized by the State shall have the
rights of legal persons.
(۳) Churches and religious organizations shall freely proclaim the teaching of
their faith٫ perform the rituals of their belief٫ and have houses of prayer٫
charrrity institutions٫ and educational institutions for the training of
priests of their faith.
(۴) Churches and religious organizations shall function freely according to
their canons and statutes.
(۵) The status of churches and other religious organizations in the State shall
be established by agreement or by law.
(۶) 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.
(۷) There shall not be a State religion in Lithuania.
Article ۴۴
(۱) Censorship of mass media shall be prohibited.
(۲) The State٫ political parties٫ political and public organizations٫ and other
institutions or persons may not monopolize means of mass media.
Article ۴۵
Ethnic communities of citizens shall independently administer the affairs of
their ethnic culture٫ education٫ organizations٫ charrrity٫ and mutual
assistance. The State shall support ethnic communities.
Chapter ۴ National Economy and Labor
Article ۴۶
(۱) Lithuania''s economy shall be based on the right to private ownership٫
freedom of individual economic activity٫ and initiative.
(۲) The State shall support economic efforts and initiative which are useful to
the community.
(۳) The State shall regulate economic activity so that it serves the general
welfare of the people.
(۴) The law shall prohibit monopolization of production and the market٫ and
shall protect freedom of fair competition.
(۵) The State shall defend the interests of the consumers.
Article ۴۷
(۱) 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.
(۲) Plots of land may belong to a foreign state by the right of ownership for
the establishment of its diplomatic and consular missions in accordance with
the procedure and conditions established by law.
(۳) 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
(۴) The Republic of Lithuania shall have the exclusive ownership right to the
air-space over its territory٫ its continental shelf٫ and the economic zone in
the Baltic Sea.
Article ۴۸
(۱) Every person may freely choose an occupation or business٫ and shall have
the right to adequate٫ safe and healthy working conditions٫ adequate
compensation for work٫ and social security in the event of unemployment.
(۲) The employment of foreigners in the Republic of Lithuania shall be
regulated by law.
(۳) Forced labor shall be prohibited.
(۴) Military service or alternative service٫ as well as labor which is
execccuted during war٫ natural calamity٫ epidemic٫ or other urgent
circumstances٫ shall not be deemed as forced labor.
(۵) Labor which is performed by convicts in places of confinement and which is
regulated by law shall not be deemed as forced labor either.
Article ۴۹
(۱) Every person shall have the right to rest and leisure٫ as well as to annual
paid holidays.
(۲) Working hours shall be established by law.
Article ۵۰
(۱) Trade unionnns shall be freely established and shall function
independently. They shall defend the professional٫ economic٫ and social rights
and interests of employees.
(۲) All trade unionnns shall have equal rights.
Article ۵۱
(۱) Employees shall have the right to strike in order to protect their economic
and social interests.
(۲) The restrictions of this right٫ and the conditions and procedures for the
implementation thereof shall be established by law.
Article ۵۲
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 ۵۳
(۱) 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 charrrge at State medical facilities shall be
established by law.
(۲) The State shall promote physical culture of the society and shall support
sports.
(۳) The State and each individual must protect the environment from harmful
influences.
Article ۵۴
(۱) The State shall concern itself with the protection of the natural
environment٫ its fauna and flora٫ separate objecttts of nature and
particularly valuable districts٫ and shall supervise the moderate utilization
of natural resources as well as their restoration and augmentation.
(۲) 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 ۵ The Parliament
Article ۵۵
(۱) The Parliament shall consist of ۱۴۱ Parliament members –
– representatives of the People٫ who shall be elected for a four-year term on
the basis of universal٫ equal٫ and direct suffrage by secret ballot.
(۲) The Parliament shall be deemed elected when at least three-fifths of the
Parliament members have been elected.
(۳) The electoral procedure shall be established by law.
Article ۵۶
(۱) 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 ۲۵ years of age or
over and has permanently been residing in Lithuania٫ may be elected a
Parliament member.
(۲) 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
Parliament.
Article ۵۷
Regular elections to the Parliament shall be held no earlier than ۲ months٫ and
no later than ۱ month٫ prior to the expiration of the powers of the Parliament
members.
Article ۵۸
(۱) Pre-term elections to the Parliament may be held on the decision of the
Parliament adopted by three-fifths majority vote of all the Parliament members.
(۲) The President of the Republic of Lithuania may also announce pre-term
elections to the Parliament:
۱) if the Parliament fails to adopt a decision on the new program of the
Government within ۳۰ days of its presentation٫ or if the Parliament twice in
succession disapproves of the
Government program within ۶۰ days of its initial presentation; or
۲) on the proposal of the Government٫ if the Parliament expresses direct
non-confidence in the Government.
(۳) The President of the Republic may not announce pre-term elections to the
Parliament 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 Parliament.
(۴) The day of elections to the new Parliament shall be specified in the
resolution of the Parliament or in the decree of the President of the Republic
concerning the pre-term elections to the Parliament. The election to the new
Parliament must be organized within three months from the adoption of the
decision on the pre-term elections.
Article ۵۹
(۱) The term of office of Parliament members shall commence from the day that
the newly-elected Parliament convenes for the first sitting. The powers of the
previously elected Parliament members shall expire as from the opening of the
sitting.
(۲) Newly-elected Parliament members shall acquire all the rights of a
People''s representative only after swearing in the Parliament to be loyal to
the Republic of Lithuania.
(۳) Parliament 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 Parliament
member. The Parliament shall adopt a corresponding resolution thereon.
(۴) In office٫ Parliament 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 ۶۰
(۱) The duties of Parliament members٫ with the exception of their duties in the
Parliament٫ 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٫ Parliament members shall be
exempt from the duty to perform national defence service.
(۲) A Parliament member may be appointed only as Prime Minister or Minister.
(۳) The service of a Parliament member shall be remunerated٫ and all expenses
incurred from parliamentary activities shall be reimbursed with funds from the
State Budget. A Parliament member may not receive any other salary٫ with the
exception of payment for creative activities.
(۴) The duties٫ rights and guarantees of the activities of Parliament members
shall be established by law.
Article ۶۱
(۱) Parliament 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 Parliament. Said persons or bodies must respond orally
or in writing at the Parliaments session in the manner established by the
Parliament.
(۲) At sessions of the Parliament٫ a group of no less than one-fifth of the
Parliament members may interpellate the Prime Minister or a Minister.
(۳) Upon considering the response of the Prime Minister or Minister to the
interpellation٫ the Parliament may decide that the response is not
satisfactory٫ and٫ by a majority vote of half of all the Parliament members٫
express non-confidence in the Prime Minister or a Minister.
(۴) The voting procedure shall be established by law.
Article ۶۲
(۱) The person of a Parliament member shall be inviolable.
(۲) Parliament 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 Parliament.
(۳) Parliament members may not be persecuted for voting or speeches in the
Parliament. However٫ legal actions may be instituted against Parliament members
according to the general procedure if they are guilty of personal insult or
slander.
Article ۶۳
The powers of a Parliament member shall be terminated:
۱) on the expiration of the term of his or her powers٫ or when the Parliament٫
elected in pre-term elections٫ convenes for the first sitting;
۲) upon his or her death;
۳) upon his or her resignation;
۴) when he or she is declared legally incapable by the court;
۵) when the Parliament revokes his or her mandate in accordance with
impeachment proceedings;
۶) when the election is recognized as invalid٫ or if the law on election is
grossly violated;
۷) if he or she takes up٫ or does not resign from٫ employment which is
incompatible with the duties of a Parliament member; and
۸) if he or she loses citizenship of the Republic of Lithuania.
Article ۶۴
(۱) Every year٫ the Parliament shall convene for two regular sessions – one in
spring and one in fall. The spring session shall commence on March ۱۰th and
shall end on June ۳۰th. The fall session shall commence on September ۱۰th and
shall end on December ۲۳rd. The Parliament may resolve to prolong a session.
(۲) Extraordinary sessions shall be convened by the Parliament Chairperson upon
the proposal of at least one-third of all the Parliament members٫ and٫ in cases
provided for in the Constitution٫ by the President of the Republic.
Article ۶۵
The President of the Republic shall convene the first sitting of the
newly-elected Parliament which must be held within ۱۵ days of the Parliament
election. If the President of the Republic fails to convene the sitting of the
Parliament٫ the members of the Parliament shall assemble the day following the
expiration of the ۱۵-day period.
Article ۶۶
(۱) The Chairperson or Assistant Chairperson of the Parliament shall preside
over sittings of the Parliament.
(۲) The sitting directly following elections of the Parliament shall be opened
by the eldest member of the Parliament.
Article ۶۷
The Parliament shall:
۱) consider and enact amendments to the Constitution;
۲) enact laws;
۳) adopt resolutions for the organization of referendums;
۴) announce presidential elections of the Republic of Lithuania;
۵) form State institutions provided by law٫ and shall appoint and dismiss their
chief officers;
۶) approve or reject the candidature of the Prime Minister proposed by the
President of the Republic;
۷) consider the program of the Government submitted by the Prime Minister٫ and
decide whether to approve it or not;
۸) upon the recommendation of the Government٫ establish or abolish ministries
of the Republic of Lithuania;
۹) supervise the activities of the Government٫ and may express non-confidence
in the Prime Minister or individual Ministers;
۱۰) appoint judges to٫ and Chairpersons of٫ the Constitutional Court and the
Supreme Court;
۱۱) appoint to٫ and dismiss from٫ office the State Controller as well as the
Chairperson of the Board of the Bank of Lithuania;
۱۲) announce local government Council election;
۱۳) form the Central Electoral Committee and change its composition; ۱۴)
approve the State Budget and supervise the implementation thereof; ۱۵)
establish State taxes and other obligatory payments;
۱۶) ratify or denounce international treaties whereto the Republic of Lithuania
is a party٫ and consider other issues of foreign policy;
۱۷) establish administrative divisions of the Republic;
۱۸) establish State awards of the Republic of Lithuania;
۱۹) issue acts of amnesty; and
۲۰) impose direct administration and martial law٫ declare states of emergency٫
announce mobilization٫ and adopt decisions to use the Armed Forces.
Article ۶۸
(۱) The right of legislative initiative in the Parliament shall belong to the
members of the Parliament٫ the President of the Republic٫ and the Government.
(۲) Citizens of the Republic of Lithuania shall also have the right of
legislative initiative. A draft law may be submitted to the Parliament by
۵۰٫۰۰۰ citizens of the Republic of Lithuania who have the right to vote. The
Parliament must consider this draft law.
Article ۶۹
(۱) Laws shall be enacted in the Parliament in accordance with the procedure
established by law.
(۲) Laws shall be deemed adopted if the majority of the Parliament members
participating in the sitting vote in favor thereof.
(۳) Constitutional laws of the Republic of Lithuania shall be deemed adopted if
more than half of all the members of the Parliament vote in the affirmative.
Constitutional laws shall be amended by at least a three-fifths majority vote
of all the Parliament members. The Parliament shall establish a list of
constitutional laws by a three-fifths majority vote of the Parliament members.
(۴) Provisions of the laws of the Republic of Lithuania may also be adopted by
referendum.
Article ۷۰
(۱) The laws enacted by the Parliament 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.
(۲) Other acts adopted by the Parliament and the Statute of the Parliament
shall be signed by the Chairperson of the Parliament. Said acts shall become
effective the day following the promulgation thereof٫ unless the acts
themselves provide for another procedure of enforcement.
Article ۷۱
(۱) Within ten days of receiving a law passed by the Parliament٫ the President
of the Republic shall either sign and officially promulgate said law٫ or shall
refer it back to the Parliament together with relevant reasons for
reconsideration.
(۲) In the event that the law enacted by the Parliament 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 Parliament.
(۳) The President of the Republic must٫ within five days٫ sign and officially
promulgate laws and other acts adopted by referendum.
(۴) 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 Parliament.
Article ۷۲
(۱) The Parliament may reconsider and enact laws which have been referred back
by the President of the Republic.
(۲) After reconsideration by the Parliament٫ 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 Parliament members vote in the
affirmative٫ and if it is a constitutional law – if at least three-fifths of
all the Parliament members vote in the affirmative.
(۳) The President of the Republic must٫ within three days٫ sign and forthwith
officially promulgate laws re-enacted by the Parliament.
Article ۷۳
(۱) Parliament 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.
(۲) The powers of the Parliament controllers shall be established by law.
(۳) As necessary٫ the Parliament shall also establish other institutions of
control. The system and powers of said institutions shall be established by
law.
Article ۷۴
For gross violation of the Constitution٫ breach of oath٫ or upon the disclosure
of the commitment of felony٫ the Parliament may٫ by three-fifths majority vote
of all the Parliament members٫ remove from office the President of the
Republic٫ the Chairperson and judges of the Constitutional Court٫ the
Chairperson and judges of the Supreme Court٫ the Chairperson and judges of the
Court of Appeals٫ as well as Parliament members٫ or may revoke their mandate of
a Parliament member. Such actions shall be carried out in accordance with
impeachment proceedings which shall be established by the Statute of the
Parliament.
Article ۷۵
Officers appointed or chosen by the Parliament (with the exception of persons
specified in Article ۷۴) shall be removed from office when the Parliament٫ by
majority vote of all the members٫ expresses non-confidence in the officer in
question.
Article ۷۶
The structure and procedure of activities of the Parliament shall be determined
by the Statute of the Parliament. The Statute of the Parliament shall have the
power of law.
Chapter ۶ The President of the Republic
Article ۷۷
(۱) The President of the Republic is the Head of State.
(۲) The President shall represent the State of Lithuania and shall perform all
the duties which he or she is charrrged with by the Constitution and laws.
Article ۷۸
(۱) 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 ۴۰ prior to the election day٫ and who is eligible for election to a
Parliament member may be elected President of the Republic.
(۲) 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.
(۳) The same person may not be elected President of the Republic of Lithuania
for more than two consecutive terms.
Article ۷۹
(۱) Any citizen who meets the requirements set forth in Article ۷۸ (۱) and has
collected the signatures of at least ۲۰٫۰۰۰ voters shall be registered as a
presidential candidate.
(۲) The number of presidential candidates shall not be limited.
Article ۸۰
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 ۸۱
(۱) The candidate for the post of President of the Republic who٫ during the
first election round in which at least a half of the voters participate٫
receives the votes of more than half of all the voters who voted in the
election٫ shall be deemed the elected candidate. If less than a 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.
(۲) 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 ۸۲
(۱) 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 Parliament٫ 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.
(۲) 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 ۸۳
(۱) The President of the Republic may not be a member of the Parliament 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.
(۲) 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 ۸۴
The President of the Republic shall:
۱) settle basic foreign policy issues and٫ together with the Government٫
implement foreign policy;
۲) sign international treaties of the Republic of Lithuania and submit them to
the Parliament for ratification;
۳) appoint or recall٫ upon the recommendation of the Government٫ diplomatic
representatives of the Republic of Lithuania in foreign states and
international organizations; receive letters of credence and recall of
diplomatic representatives of foreign states; confer highest diplomatic
ranks and special titles;
۴) appoint٫ upon approval of the Parliament٫ the Prime Minister٫ charrrge him
or her to form the Government٫ and approve its composition;
۵) remove٫ upon approval of the Parliament٫ the Prime Minister from office;
۶) accept the powers returned by the Government upon the election of a new
Parliament٫ and charrrge it to continue exercising its functions until a new
Government is formed;
۷) accept resignations of the Government and٫ as necessary٫ charrrge it to
continue exercising its functions or charrrge 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;
۸) submit to the Parliament٫ upon the resignation of the Government or after it
returns its powers and no later than within ۱۵ days٫ the candidature of a new
Prime Minister for consideration;
۹) appoint or dismiss individual Ministers upon the recommendation of the Prime
Minister;
۱۰) appoint or dismiss٫ according to the established procedure٫ state officers
provided by law;
۱۱) propose Supreme Court judge candidates to the Parliament٫ and٫ upon the
appointment of all the Supreme Court judges٫ recommend from among them a
Supreme Court Chairperson to the Parliament; appoint٫ with the approval of
the Parliament٫ 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 Parliament;
۱۲) propose to the Parliament 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 Parliament;
۱۳) propose to the Parliament candidates for State Controller and Chairperson
of the Board of the Bank of Lithuania; if necessary٫ propose to the
Parliament to express non-confidence in said officials;
۱۴) appoint or dismiss٫ upon the approval of the Parliament٫ the chief
commander of the Army and the head of the Security Service;
۱۵) confer highest military ranks;
۱۶) 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 mobilization٫ and submit these
decisions to the next sitting of the Parliament for approval;
۱۷) declare states of emergency according to the procedures and situations
established by law٫ and submit these decisions to the next sitting of the
Parliament for approval;
۱۸) make annual reports in the Parliament about the situation in Lithuania and
the domestic and foreign policies of the Republic of Lithuania;
۱۹) call٫ in cases provided in the Constitution٫ extraordinary sessions of the
Parliament; ۲۰) announce regular elections to the Parliament٫ and٫ in cases
set forth in Article ۵۸ (۲)٫ announce pre-term elections to the Parliament;
۲۱) grant citizenship of the Republic of Lithuania according to the procedure
established by law;
۲۲) confer State awards;
۲۳) grant pardons to sentenced persons; and ۲۴) sign and promulgate laws
enacted by the Parliament or refer them back to the Parliament according to the
procedure provided for in Article ۷۱.
Article ۸۵
The President of the Republic٫ implementing the powers vested in him or her٫
shall issue acts-decrees. Decrees of the President٫ specified in Article ۸۴ Nr.
۳ & ۱۵ & ۱۷ & ۲۱٫ 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 the Minister who signed it.
Article ۸۶
(۱) The person of the President of the Republic shall be inviolable: while in
office٫ the President may neither be arrested nor charrrged with criminal or
administrative proceedings.
(۲) The President of the Republic may be prematurely removed from office only
for gross violation of the Constitution٫ breach of the oath of office٫ or
conviction of an offence. The Parliament shall resolve issues concerning the
dismissal of the President of the Republic from office according to impeachment
proceedings.
Article ۸۷
(۱) When٫ in cases specified in Article ۵۸ (۲)٫ the President of the Republic
announces pre-term elections to the Parliament٫ the newly-elected Parliament
may٫ by three-fifths majority vote of all the Parliament members and within ۳۰
days of the first sitting٫ announce a pre-term election of the President of the
Republic.
(۲) If the President of the Republic wishes to compete in the election٫ he or
she shall immediately be registered as a candidate.
(۳) 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.
(۴) 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 ۸۸
The powers of the President of the Republic shall be terminated:
۱) upon the expiration of the term of office;
۲) upon holding a pre-term presidential election;
۳) upon resignation from office;
۴) upon the death of the President of the Republic;
۵) when the Parliament removes the President from office according to
impeachment proceedings; and
۶) when the Parliament٫ taking into consideration the conclusion of the
Constitutional Court and by three-fifths majority vote of all the Parliament
members٫ adopts a resolution stating that the President of the Republic is
unable to fulfill the duties of office for reasons of health.
Article ۸۹
(۱) In the event that the President dies or is removed from office according to
impeachment proceedings٫ or if the Parliament 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 Parliament
Chairperson. In such a case٫ the Chairperson of the Parliament shall lose his
or her powers in the Parliament٫ and at the behest of the Parliament٫ the
duties of Chairperson shall temporarily be carried out by the Assistant
Chairperson. In said cases٫ the Parliament shall announce٫ within ۱۰ days٫ an
election for the President of the Republic which must be held within two
months. If the Parliament cannot convene and announce the election for the
President of the Republic٫ the election shall be announced by the Government.
(۲) The Chairperson of the Parliament 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.
(۳) While temporarily acting for the President of the Republic٫ the Chairperson
of the Parliament may neither announce pre-term elections of the Parliament nor
dismiss or appoint Ministers without the agreement of the Parliament. During
the said period٫ the Parliament may not consider the issue of lack of
confidence in the Chairperson of the Parliament.
(۴) The powers of the President of the Republic may not be execccuted in any
other cases٫ or by any other persons or institutions.
Article ۹۰
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 ۷ The Government of the Republic of Lithuania
Article ۹۱
The Government of the Republic of Lithuania shall consist of the Prime Minister
and Ministers.
Article ۹۲
(۱) The Prime Minister shall٫ with the approval of the Parliament٫ 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.
(۲) The Prime Minister٫ within ۱۵ 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 Parliament and shall submit the program of its
activities to the Parliament for consideration.
(۳) The Government shall return its powers to the President of the Republic
after the Parliament elections or upon electing the President of the Republic.
(۴) A new Government shall be empowered to act after the Parliament approves
its program by majority vote of the
Parliament members participating in the sitting.
Article ۹۳
On entering upon their duties٫ the Prime Minister and the individual Ministers
shall٫ in the Parliament٫ 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 ۹۴
The Government of the Republic of Lithuania shall:
۱) administer the affairs of the country٫ protect the inviolability of the
territory of the Republic of Lithuania٫ and ensure State security and public
order;
۲) implement laws and resolutions of the Parliament concerning the
implementation of laws٫ as well as the decrees of the President;
۳) Coordinate the activities of the ministries and other governmental
institutions;
۴) prepare the draft Budget of the State and submit it to the Parliament;
execccute the State Budget and report on the fulfillment of the Budget to the
Parliament;
۵) draft bills and submit them to the Parliament for consideration;
۶) establish diplomatic relations and maintain relations with foreign countries
and international organizations; and
۷) discharrrge other duties prescribed to the Government by the Constitution
and other laws.
Article ۹۵
(۱) 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.
(۲) Government directives shall be signed by the Prime Minister and the
appropriate Minister.
Article ۹۶
(۱) The Government of the Republic of Lithuania shall be jointly responsible to
the Parliament for the general activities of the Government.
(۲) The Ministers٫ in directing the spheres of administration entrusted to
them٫ shall be responsible to the Parliament٫ the President of the Republic٫
and directly subordinate to the Prime Minister.
Article ۹۷
(۱) The Prime Minister shall represent the Government of the Republic of
Lithuania and shall direct its activities.
(۲) 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 charrrge one of the Ministers
to substitute for the Prime Minister during a period not exceeding ۶۰ days;
when there is no recommendation٫ the President of the Republic shall charrrge
one of the Ministers to substitute for the Prime Minister.
Article ۹۸
(۱) Ministers shall head their respective ministries٫ shall resolve issues
assigned to the competence of their ministries٫ and shall also discharrrge
other functions prescribed by laws.
(۲) A Minister may be temporarily substituted only by another member of the
Government appointed by the Prime Minister.
Article ۹۹
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 ۱۰۰
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
Parliament٫ or٫ if the Parliament is not in session٫ of the President of the
Republic.
Article ۱۰۱
(۱) Upon the request of the Parliament٫ the Government or individual Ministers
must give an account of their activities to the Parliament.
(۲) When more than half of the Ministers are changed٫ the Government must be
re-invested with authority by the Parliament. Otherwise٫ the Government must
resign.
(۳) The Government must also resign if:
۱) the Parliament disapproves two times in succession of the program of the
newly-formed Government;
۲) the majority of all the Parliament deputies express a lack of confidence in
the Government or in the Prime Minister in a secret ballot vote;
۳) the Prime Minister resigns or dies; or
۴) after Parliament elections٫ when a new Government is formed.
(۴) A Minister must resign if more than a half of all the Parliament members
express٫ in a secret ballot vote٫ a lack of confidence in him or her.
(۵) The President of the Republic shall accept resignations of the Government
or individual Ministers.
Chapter ۸ The Constitutional Court
Article ۱۰۲
(۱) The Constitutional Court shall decide whether the laws and other legal acts
adopted by the Parliament are in conformity with the Constitution and legal
acts adopted by the President and the Government٫ do not violate the
Constitution or laws.
(۲) The status of the Constitutional Court and the procedure for the
execccution of powers thereof shall be established by the Law on the
Constitutional Court of the Republic of Lithuania.
Article ۱۰۳
(۱) The Constitutional Court shall consist of ۹ judges appointed for an
non-renewable term of ۹ years. Every three years٫ one-third of the
Constitutional Court shall be reconstituted. The Parliament shall choose ۳
candidates for Constitutional Court judges from the candidates nominated by the
President of the Republic of Lithuania٫ ۳ candidates from those nominated by
the Chairperson of the Parliament٫ and ۳ candidates from those nominated by the
Chairperson of the Supreme Court; the Parliament shall appoint the
candidates that they choose as judges.
(۲) The Parliament 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.
(۳) Citizens of the Republic of Lithuania who have an impeccable reputation٫
who are trained in law٫ and who have served٫ for at least ۱۰ 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 ۱۰۴
(۱) 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.
(۲) Before entering office٫ judges of the Constitutional Court shall٫ in the
Parliament٫ swear to be faithful to the Republic of Lithuania and the
Constitution.
(۳) The restrictions on work and political activities which are imposed on
court judges shall also apply to judges of the Constitutional Court.
(۴) Judges of the Constitutional Court shall have the same rights concerning
the inviolability of their person as shall members of the Parliament.
Article ۱۰۵
(۱) The Constitutional Court shall consider and adopt decisions concerning the
conformity of laws of the Republic of Lithuania and legal acts adopted by the
Parliament with the Constitution of the Republic of Lithuania.
(۲) The Constitutional Court shall also consider the conformity with the
Constitution of:
۱) legal acts of the President; and
۲) legal acts of the Government.
(۳) The Constitutional Court shall present conclusions concerning:
۱) the violation of election laws during presidential elections or elections to
the Parliament;
۲) whether the President of the Republic of Lithuania''s health is not
limiting his or her capacity to continue in office;
۳) the conformity of international agreements of the Republic of Lithuania with
the Constitution; and
۴) the compliance with the Constitution of concrete actions of Parliament
members or other State officers against whom impeachment proceedings have been
instituted.
Article ۱۰۶
(۱) The Government٫ no less than ۱/۵ of the members of the Parliament٫ and the
courts shall have the right to address the Constitutional Court concerning
legal acts specified in Article ۱۰۵ (۱).
(۲) No less than ۱/۵ of the members of the Parliament 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.
(۳) No less than ۱/۵ of the members of the Parliament٫ 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.
(۴) Upon the proposal of the President or the decision of the Parliament to
investigate the conformity of an act with the Constitution٫ the applicability
of the act shall be suspended.
(۵) The Parliament may request a conclusion from the Constitutional Court٫ and
in cases concerning Parliament elections and international agreements٫ the
President of the Republic of Lithuania may also request a conclusion.
(۶) 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 ۱۰۷
(۱) Laws (or parts thereof) of the Republic of Lithuania or any other acts (or
parts thereof) of the Parliament٫ 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.
(۲) The decisions of the Constitutional Court on issues assigned to its
jurisdiction by the Constitution shall be final and may not be appealed.
(۳) On the basis of the conclusions of the Constitutional Court٫ the Parliament
shall have a final decision on the issues set forth in Article ۱۰۵ (۳).
Article ۱۰۸
The powers of a judge of the Constitutional Court shall be terminated:
۱) on the expiration of the term of office;
۲) upon the death of the judge;
۳) upon voluntary resignation;
۴) when the judge is incapable to fulfill his or her duties for health reasons;
and
۵) upon being removed from office by the Parliament according to the
impeachment proceedings.
Chapter ۹ The Courts
Article ۱۰۹
(۱) In the Republic of Lithuania٫ the courts shall have the exclusive right to
administer justice.
(۲) While administering justice٫ judges٫ and courts shall be independent.
(۳) While investigating cases٫ judges shall obey only the law.
(۴) The court shall adopt decisions on behalf of the Republic of Lithuania.
Article ۱۱۰
(۱) Judges may not apply laws which contradict the Constitution.
(۲) 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 ۱۱۱
(۱) The court system of the Republic of Lithuania shall consist of the Supreme
Court٫ the Court of Appeal٫ district courts٫ and local courts.
(۲) For the investigation of administrative٫ labor٫ family and other
litigations٫ specialized courts may be established pursuant to law.
(۳) Courts with special powers may not be established in the Republic of
Lithuania in times of peace.
(۴) The formation and competence of courts shall be determined by the Law on
Courts of the Republic of Lithuania.
Article ۱۱۲
(۱) In Lithuania only citizens of the Republic of Lithuania may be judges.
(۲) 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
Parliament upon the recommendation of the President of the Republic of
Lithuania.
(۳) 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 Parliament.
(۴) 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.
(۵) 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.
(۶) 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 ۱۱۳
(۱) 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.
(۲) Judges may not participate in the activities of political parties and other
political organizations.
Article ۱۱۴
(۱) Institutions of State power and administration٫ members of the Parliament
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.
(۲) Judges may not have legal actions instituted against them٫ nor may they be
arrested or restricted of personal freedom without the consent of the
Parliament٫ or in the period between sessions of the Parliament٫ of the
President of the Republic of Lithuania.
Article ۱۱۵
Court judges of the Republic of Lithuania shall be dismissed from office
according to the procedure established by law in the following cases:
۱) at their own will;
۲) upon expiration of their powers or upon reaching pensionable age as
determined by law;
۳) for reasons of health;
۴) upon appointment to another office or upon voluntary transference to another
place of office;
۵) if their behavior discredits their position as judge; and
۶) when judgment imposed on them by court comes into force.
Article ۱۱۶
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
offence٫ the Parliament may remove them from office according to impeachment
proceedings.
Article ۱۱۷
(۱) 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.
(۲) In the Republic of Lithuania court trials shall be conducted in the State
language.
(۳) Persons who do not speak Lithuanian shall be guaranteed the right to
participate in investigation and court proceedings through an interpreter.
Article ۱۱۸
(۱) 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.
(۲) Pretrial interrogation shall be carried out by investigators.
(۳) The procedure for the appointment of public prosecutors and judges and
their status shall be established by law.
Chapter ۱۰ Local Governments and Administration
Article ۱۱۹
(۱) 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.
(۲) 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.
(۳) The procedure for the organization and activities of self-government
institutions shall be established by law.
(۴) Local government Councils shall form execccutive 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 ۱۲۰
(۱) The State shall support local governments.
(۲) Local governments shall act freely and independently within the limits of
their competence which shall be established by the Constitution and laws.
Article ۱۲۱
(۱) Local governments shall draft and approve their own Budget.
(۲) 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 ۱۲۲
Local government Councils shall have the right to appeal to court regarding the
violation of their rights.
Article ۱۲۳
(۱) In higher level administrative units٫ the administration shall be organized
by the Government according to the procedure established by law.
(۲) 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.
(۳) The powers of Government representatives and the procedures of their
implementation shall be established by law.
(۴) In cases and according to procedures provided by law٫ the Parliament may
introduce direct administration on local government territory.
Article ۱۲۴
Deeds and actions of local government Councils as well as of their execccutive
bodies and officers which violate the rights of citizens and organizations may
be appealed against in court.
Chapter ۱۱ Finances٫ State Budget
Article ۱۲۵
(۱) In the Republic of Lithuania the central bank shall be the Bank of
Lithuania٫ which is owned by the State.
(۲) The Bank of Lithuania shall have the exclusive right to issue bank notes.
(۳) The procedures for the organization and activities of the Bank of Lithuania
as well as its powers shall be established by law.
Article ۱۲۶
(۱) The Bank of Lithuania shall be directed by the Bank Board٫ which shall
consist of the Board Chairperson٫ the deputies to the Chairperson٫ and the
Board members.
(۲) The Board Chairperson of the Bank of Lithuania shall be appointed for a
five-year term by the Parliament on the nomination of the President of the
Republic of Lithuania.
Article ۱۲۷
(۱) 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.
(۲) State Budget revenues shall be accrued from taxes٫ compulsory payments٫
dues٫ receipts from State property٫ and other income.
(۳) Taxes٫ other Budgetary payments٫ and dues shall be established by the laws
of the Republic of Lithuania.
Article ۱۲۸
(۱) Decisions concerning State loans and other basic property liabilities of
the State shall be adopted by the Parliament on the recommendation of the
Government.
(۲) Procedures concerning the management٫ utilization٫ and disposal of State
property shall be established by law.
Article ۱۲۹
The Budget year shall begin on the first of January and shall end on the
thirty-first of December.
Article ۱۳۰
The Government of the Republic of Lithuania shall prepare a draft Budget of the
State٫ and shall submit it to the Parliament no later than ۷۵ days before the
end of the Budget year.
Article ۱۳۱
(۱) The draft Budget of the State shall be considered by the Parliament٫ and
shall be approved by law by the beginning of the new Budget year.
(۲) Upon considering the draft Budget٫ the Parliament 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 ۱۳۲
(۱) 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.
(۲) During the Budget year the Parliament may change the Budget. It shall be
changed according to the same procedure by which it was drafted٫ adopted and
approved. As necessary٫ the Parliament may approve an additional Budget.
Chapter ۱۲ Control of the State
Article ۱۳۳
(۱) The system and powers of State Control shall be established by law.
(۲) State control shall be directed by the State Controller who shall be
appointed for a five-year term by the Parliament upon
the nomination of the President of the Republic of Lithuania.
(۳) Before taking office٫ the State Controller shall take an oath. The oath
shall be established by law.
Article ۱۳۴
(۱) State control shall supervise the legality of the management and
utilization of State property and the realization of the State Budget.
(۲) The State Controller shall give an account to the Parliament on the annual
execccution of the State Budget.
Chapter ۱۳ Foreign Policy and National Defence
Article ۱۳۵
(۱) 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.
(۲) In the Republic of Lithuania٫ war propaganda shall be prohibited.
Article ۱۳۶
The Republic of Lithuania shall participate in international organizations
provided that they do not contradict the interests and independence of the
State.
Article ۱۳۷
Weapons of mass destruction and foreign military bases may not be stationed on
the territory of the Republic of Lithuania.
Article ۱۳۸
(۱) The Parliament shall either ratify or denounce international treaties of
the Republic of Lithuania which concern:
۱) the realignment of the State borders of the Republic of Lithuania;
۲) political cooperation with foreign countries٫ mutual assistance٫ or treaties
related to national defence;
۳) the renunciation of the utilization of٫ or threatening by٫ force٫ as well as
peace treaties;
۴) the stationing and status of the Armed Forces of the Republic of Lithuania
on the territory of a foreign state;
۵) the participation of Lithuania in universal or regional international
organizations; and
۶) multilateral or long-term economic agreements.
(۲) Laws and international treaties may provide for other cases in which the
Parliament shall ratify international treaties of the Republic of Lithuania.
(۳) International agreements which are ratified by the Parliament of the
Republic of Lithuania shall be the constituent part of the legal system of the
Republic of Lithuania.
Article ۱۳۹
(۱) The defence of the state of Lithuania from foreign armed attack shall be
the right and duty of every citizen of the Republic of Lithuania.
(۲) Citizens of the Republic of Lithuania are obliged to serve in the national
defence service or to perform alternative service in the manner established by
law.
(۳) The organization of national defence shall be established by laws.
Article ۱۴۰
(۱) The main issues of national defence shall be considered and coordinated by
the State Defence Council which consists of the
President of the Republic of Lithuania٫ the Prime Minister٫ the Parliament
Chairperson٫ the Minister of National Defence٫ and the Chief Commander of the
Army. The State Defence Council shall be headed by the President of the
Republic of Lithuania. Procedures for its formation٫ activities and powers
shall be established by law.
(۲) The Chief Commander of the Armed Forces shall be the President of the
Republic of Lithuania.
(۳) The Government٫ the Minister of National Defence٫ and the Chief Commander
of the Army shall be responsible to the Parliament for the provision and
command of State Armed Forces. The Minister of National Defence may not be a
serviceman who has not yet retired from active service.
Article ۱۴۱
Soldiers in active military service or alternative service٫ officers of the
national defence٫ the police and the internal service٫ non-commissioned
officers٫ re-enlistees who have not retired from service٫ and other paid
officers of military and security services may not be members of the Parliament
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 ۱۴۲
(۱) The Parliament shall impose martial law٫ shall announce mobilization or
demobilization٫ and shall adopt decisions to use the Armed Forces in defence of
the homeland or for the fulfillment of the international obligations of
Lithuania.
(۲) 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 defence 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 Parliament; in the period between sessions٫ the
President shall immediately convene an unscheduled session of the Parliament.
The Parliament shall approve or abolish the decision of the President of the
Republic of Lithuania.
Article ۱۴۳
In the event that a regular election must be held in time of military actions٫
either the Parliament or the President shall adopt a decision to extend the
terms of the Parliament٫ the President٫ and local government Councils. In such
cases٫ elections must be held within three months of the end of the war.
Article ۱۴۴
(۱) In the event that the constitutional system or public order of the State is
threatened٫ the Parliament may declare a state of emergency throughout the
country٫ or in separate parts thereof٫ for a period not exceeding six months.
(۲) In the event of emergency٫ and if the Parliament 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 Parliament for
the consideration of this issue. The Parliament shall approve or abolish the
decision of the President of the Republic of Lithuania.
(۳) States of emergency shall be regulated by law.
Article ۱۴۵
During martial law or a state of emergency٫ the rights and freedoms specified
in Articles ۲۲٫ ۲۴٫ ۲۵٫ ۳۲٫ ۳۵٫ and ۳۶ may be temporarily restricted.
Article ۱۴۶
(۱) 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 service.
(۲) 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 defence of the State.
Chapter ۱۴ Amending the Constitution
Article ۱۴۷
(۱) In order to amend or append the Constitution of the Republic of Lithuania٫
a proposal must be submitted to the Parliament by either no less than
one-fourth of the members of the Parliament٫ or by at least ۳۰۰٫۰۰۰ voters.
(۲) During a state of emergency or martial law٫ amendments to the Constitution
may not be made.
Article ۱۴۸
(۱) The provision of Article ۱ 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.
(۲) The provisions of Chapter ۱ and Chapter ۱۴ may be amended only by
referendum.
(۳) Amendments of other chapters of the Constitution must be considered and
voted upon in the Parliament twice. There must be a lapse of at least three
months between each vote. Bills for constitutional amendments shall be deemed
adopted by the Parliament if٫ in each of the votes٫ at least two-thirds of all
the members of the Parliament vote in favor of the enactment.
(۴) An amendment to the Constitution which is rejected by the Parliament may
not be submitted to the Parliament for reconsideration for the period of one
year.
Article ۱۴۹
(۱) The adopted law on an amendment to the Constitution shall be signed by the
President of the Republic of Lithuania and officially promulgated within ۵
days.
(۲) 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 Parliament signs and promulgates it.
(۳) The law on an amendment to the Constitution shall become effective no
earlier than one month after the adoption thereof.
[Chapter ۱۵] Final Provisions
Article ۱۵۰
(۱) The constituent parts of the Constitution of the Republic of Lithuania
shall be:
(۲) The ۱۱ Feb ۱۹۹۱ Constitutional Law "On the State of Lithuania";
(۳) The ۸ June ۱۹۹۲ Constitutional Act "On the Non-Alignment of the Republic of
Lithuania with Post-Soviet Eastern Alliances".
Article ۱۵۱
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 ۱۵۲
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 ۱۵۳
Upon the adoption of this Constitution in the Referendum٫ the Parliament of the
Republic of Lithuania may٫ by ۲۵ Oct ۱۹۹۳٫ amend by three-fifths majority vote
of all the Parliament members the provisions of the Constitution of the
Republic of Lithuania set forth in Articles ۴۷٫ ۵۵٫ ۵۶٫ ۵۸ (۲) Nr. ۲٫ ۶۵٫ ۶۸٫
۶۹٫ ۸۴ Nr. ۱۱ & ۱۲٫ ۸۷ (۱)٫ ۹۶٫ ۱۰۳٫ ۱۱۸ and ۱۱۹.
Article ۱۵۴
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 ۱۵ days by the President of the Supreme Council of the
Republic of Lithuania.