Extract from the Constitutoin of the Republic of Lithuania

Extract from the Constitutoin of the Republic of Lithuania

Chapter VIII

The Constitutional Court

 

Article 102

The Constitutional Court shall decide whether the laws and other acts of the Seimas are in conflict with the Constitution, and whether the acts of the President of the Republic and the Government are in conflict with the Constitution or laws.

The status of the Constitutional Court and the procedure for the execution of its powers shall be established by the Law on the Constitutional Court of the Republic of Lithuania.

 

Article 103

The Constitutional Court shall consist of 9 justices, each appointed for a single nine-year term of office. Every three years, one-third of the Constitutional Court shall be reconstituted. The Seimas shall appoint three candidates for justices of the Constitutional Court from the candidates submitted by the President of the Republic, the Speaker of the Seimas, and the President of the Supreme Court, and shall appoint them as justices.

The Seimas shall appoint the President of the Constitutional Court from among its justices upon submission by the President of the Republic.

The citizens of the Republic of Lithuania with an impeccable reputation, higher education in law, and not less than a 10-year length of service in the field of law or in a branch of science and education as a lawyer may be appointed as justices of the Constitutional Court.

 

Article 104

While in office, the justices of the Constitutional Court shall be independent of any other state institution, person, or organisation, and shall follow only the Constitution of the Republic of Lithuania.

Before entering office, the justices of the Constitutional Court shall take an oath at the Seimas to be faithful to the Republic of Lithuania and the Constitution.

The limitations established on work and political activities for the judges of courts shall also apply to the justices of the Constitutional Court.

The justices of the Constitutional Court shall have the same rights concerning the inviolability of their person as the Members of the Seimas.

 

Article 105

The Constitutional Court shall consider and adopt decisions on whether the laws of the Republic of Lithuania or other acts adopted by the Seimas are in conflict with the Constitution of the Republic of Lithuania.

The Constitutional Court shall also consider whether the following are in conflict with the Constitution and laws:

1) the acts of the President of the Republic;

2) the acts of the Government of the Republic.

The Constitutional Court shall present conclusions on:

1) whether there were the violations of election laws during the elections of the President of the Republic or the elections of the Members of the Seimas;

2) whether the state of health of the President of the Republic allows him to continue to hold office;

3) whether the international treaties of the Republic of Lithuania are in conflict with the Constitution;

4) whether the concrete actions of the Members of the Seimas and state officials against whom an impeachment case has been instituted are in conflict with the Constitution.

 

Article 106

The Government, not less than 1/5 of all the Members of the Seimas, and courts shall have the right to apply to the Constitutional Court concerning the acts specified in the first paragraph of Article 105.

Not less than 1/5 of all the Members of the Seimas and courts shall have the right to apply to the Constitutional Court concerning the conformity of the acts of the President of the Republic with the Constitution and laws.

Not less than 1/5 of all the Members of the Seimas, courts, as well as the President of the Republic, shall have the right to apply to the Constitutional Court concerning the conformity of the acts of the Government with the Constitution and laws.

An application by the President of the Republic to the Constitutional Court, or a resolution of the Seimas, asking for an investigation into the conformity of an act with the Constitution shall suspend the validity of the act.

The conclusions of the Constitutional Court may be requested by the Seimas or, in cases concerning elections to the Seimas or international treaties, by the President of the Republic.

The Constitutional Court shall have the right to refuse to accept a case for consideration or to prepare a conclusion if the application is based on non-legal reasoning.

 

Article 107

A law (or part thereof) of the Republic of Lithuania or another act (or part thereof) of the Seimas, an act (or part thereof) of the President of the Republic, or an act (or part thereof) of the Government may not be applied from the day of the official publication of the decision of the Constitutional Court that the act in question (or part thereof) is in conflict with the Constitution of the Republic of Lithuania.

The decisions of the Constitutional Court on the issues assigned to its competence by the Constitution shall be final and not subject to appeal.

On the basis of the conclusions of the Constitutional Court, the Seimas shall take a final decision on the issues set forth in the third paragraph of Article 105 of the Constitution.

 

Article 108

The powers of a justice of the Constitutional Court shall cease:

1) upon the expiry of the term of powers;

2) upon his death;

3) upon his resignation;

4) when he is incapable of holding office due to the state of his health;

5) when the Seimas removes him from office in accordance with the procedure for impeachment proceedings.