THE LITHUANIAN NATION
- having established the State of Lithuania many centuries
ago,
- having based its legal foundations on the Lithuanian
Statutes and the Constitutions of the Republic of Lithuania,
- having for centuries defended its freedom and
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 forefathers -- in the independent State of Lithuania,
- fostering national concord in the land of Lithuania,
- striving for an open, just, and harmonious civil
society and 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.
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 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 where to the Republic of Lithuania is a party
establishes otherwise.
Article 14
Lithuanian shall be the State language.
Article 15
The colours of the State flag shall be yellow, green, and
red.
The State emblem shall be a white Vytis on a red background.
The State flag and emblem and their use shall be established
by law.
Article 16
The national anthem shall be Vincas Kudirka's "Tauti ka
Giesm"".
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 in flagrante delicto must, within 48
hours, be brought to court for the purpose of determining, in
the presence of the detainee, the validity of the detention. In
the event that the court does not pass a decision to arrest
the person, the detained individual shall be released
immediately.
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
inviolable.
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 honour and dignity.
Article 23
Property shall be inviolable.
The rights of ownership shall be protected by law.ts
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, honour 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
prescribed by law and only when such restrictions are necessary
to protect the safety of society, public order, a person's
health or morals, or the fundamental rights and freedoms of
others.
Parents and legal guardians shall have the liberty to
ensure the religious and moral education of their children in
conformity with their own convictions.
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. Persons
cannot be compelled to give evidence against themselves or
against their family members or close relatives.
Punishments may only be administered or applied on the
basis of law.
No person may be punished for the same offence twice.
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 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 organisation 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,
people's 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 the basis of society and the State.
Family, motherhood, fatherhood, and childhood shall be
under the care and protection of the State.
Marriage shall be entered into upon the free consent of
man and woman.
The State shall register marriages, births, and deaths. The
State shall also recognise marriages registered in church.
In the family, spouses shall have equal rights.
The right and duty of parents is to bring up their children
to be honest individuals and loyal citizens, as well as to
support them until they come of age.
The duty of children is to respect their parents, to
care for them in old age, and to preserve their heritage.
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 favourable 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
16.
Education at State and local government secondary,
vocational, and higher schools shall be free of charge.
Everyone shall have an equal opportunity to attain
higher education according to their individual abilities.
Citizens who demonstrate suitable academic progress shall
be guaranteed education at establishments of higher education
free of charge.
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 recognise traditional Lithuanian churches
and religious organisations, as well as other churches and
religious organisations provided that they have a basis in
society and their teaching and rituals do not contradict
morality or the law. Churches and religious organisations
recognised by the State shall have the rights of legal
persons.
Churches and religious organisations 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 organisations shall function
freely according to their canons and statutes. The status of
churches and other religious organisations in the State shall be
established by agreement or by law.
The teachings proclaimed by churches and other
religious organisations, 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
organisations, and other institutions or persons may not
monopolise means of mass media.
Article 45
Ethnic communities of citizens shall independently
administer the affairs of their ethnic culture, education,
organisations, charity, and mutual assistance. The State shall
support ethnic communities.
CHAPTER 4
NATIONAL ECONOMY AND LABOUR
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 State shall regulate economic activity so that it
serves the general welfare of the people.
The law shall prohibit monopolisation of production and
the market, and shall protect freedom of fair competition.
The State shall 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 establishment of its diplomatic
and consular missions in accordance with the procedure and
conditions established by law.
The right of ownership of entrails of the earth, as
well as nationally significant internal waters, forests, parks,
roads, and historical, archaeological and cultural facilities
shall exclusively belong to the Republic of Lithuania.
The Republic of Lithuania shall have the exclusive
ownership right to the airspace 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 work, and social security
in the event of unemployment.
The employment of foreigners in the Republic of Lithuania
shall be regulated by law.
Forced labour shall be prohibited.
Military service or alternative service, as well as labour
which is executed during war, natural calamity, epidemic, or
other urgent circumstances, shall not be deemed as forced labour.
Labour which is performed by convicts in places of confinement
and which is regulated by law shall not be deemed as forced
labour 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 4
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 a Seimas member.
Persons who have not served their courtimposed 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
programme of the Government within 30 days of its presentation,
or if the Seimas twice in succession disapproves of the
Government programme within 60 days of its initial presentation;
or
2) on the proposal of the Government, if the Seimas
expresses 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 organised 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 organisations, 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 defence 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 interpellate the Prime
Minister or a Minister.
Upon considering the response of the Prime Minister or
Minister to the interpellation, the Seimas may decide that the
response is not satisfactory, and, by a majority vote of half
of all the Seimas members, express non-confidence in the Prime
Minister or a Minister.
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 recognised 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 or Assistant Chairperson of the Seimas
shall preside over sittings of the Seimas.
The sitting directly following elections of the Seimas
shall be opened by the eldest member of the Seimas.
Article 67
The Seimas shall:
1) consider and enact amendments to the Constitution;
2) enact laws;
3) adopt resolutions for the organisation 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 programme 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 mobilisation, 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 favour
thereof.
Constitutional laws of the Republic of Lithuania shall be
deemed adopted if more than half of all the members of the
Seimas vote in the affirmative. Constitutional laws shall be
amended by at least a three-fifths majority vote of all the
Seimas members. The Seimas shall establish a list of
constitutional laws by a three-fifths majority vote of the Seimas
members.
Provisions of the laws of the Republic of Lithuania may
also be adopted by referendum.
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 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
it is 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 reenacted 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 Supreme Court, the Chairperson and judges of
the Court of Appeals, as well as Seimas members, or may
revoke their mandate of Seimas member. 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
shall perform all the duties which he or she is charged with
by the Constitution and laws.
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
1 of Article 78 and has collected the signatures of at least
20,000 voters shall be registered as a presidential candidate.
The number of presidential candidates shall not be limited.
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 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
organised 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
organisations 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 organisations;
receive letters of credence and recall of diplomatic
representatives of foreign states; confer highest diplomatic
ranks and special titles;
4) appoint, upon approval of the Seimas, the Prime
Minister, charge him or her to form the Government, and
approve its composition;
5) remove, upon approval of the Seimas, the Prime Minister
from office;
6) accept the powers returned by the Government upon the
election of a new Seimas, and charge it to continue
exercising its functions until a new Government is formed;
7) accept resignations of the Government and, as
necessary, charge it to continue exercising 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
defence against such armed aggression, the imposition of martial
law, and mobilisation, 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 the 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 offence. 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 the 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 programme 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 programme 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 organisations; 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 programme 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 organisation, 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 one-fifth 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 one-fifth 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 one-fifth 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, labour, family and
other litigations, specialised 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 specialised 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 organisations.
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 behaviour 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 offence, 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 judges 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 organisation 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 organised 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 their 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 organisations 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 organisation 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 to
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, 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, utilisation, and
disposal of State property shall be established by law.
Article 129
The budget year shall begin on the 1st of January and shall
end on the 31st 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 utilisation of State property and the realisation 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 DEFENCE
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 destruction 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 defence;
3) the renunciation of the utilisation 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 organisations; and
6) multilateral or long-term economic agreements.
Laws and international treaties may provide for other
cases in which the Seimas shall ratify international treaties
of the Republic of Lithuania.
International agreements which are ratified by the Seimas
of the Republic of Lithuania shall be the constituent part of
the legal system of the Republic of Lithuania.
Article 139
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.
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.
The organisation of national defence shall be established
by laws.
Article 140
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 Seimas 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.
The Chief Commander of the armed forces shall be the
President of the Republic of Lithuania.
The Government, the Minister of National Defence, 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 Defence 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 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
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
organisations.
Article 142
The Seimas shall impose martial law, shall announce
mobilisation or demobilisation, and shall adopt decisions to
use the armed forces in defence 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 defence against such armed aggression,
shall impose martial law throughout the country or in separate
parts thereof, shall declare mobilisation, 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 of
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
service.
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 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 provision 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 favour thereof.
The provisions of Chapter 1 ("The State of Lithuania")
and Chapter 14 ("Amending the Constitution") may be amended
only by 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 favour 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
favour 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
members 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, in Articles 65, 68, 69, in items 11
and 12 of Article 84, in the first part of Article 87, in
Articles 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.
_____________
LAW ON THE PROCEDURE FOR THE ENFORCEMENT OF THE CONSTITUTION OF
THE REPUBLIC OF LITHUANIA
Article 1
Upon the enforcement of the Constitution of the Republic
of Lithuania, the Provisional Basic Law of the Republic of
Lithuania shall become null and void.
Article 2
Laws, other legal acts, or parts thereof which were in
effect on the territory of the Republic of Lithuania prior to
the adoption of the Constitution of the Republic of
Lithuania, shall be effective provided that they do not
contradict the Constitution and this law, and shall remain
effective until they are either declared null and void or
coordinated with the provisions of the Constitution.
Article 3
Provisions of the laws of the Republic of Lithuania
which determine the status of the supreme institutions of State
power and administration of the Republic of Lithuania as well
as the status of deputies and local governments shall be
effective until the elected Seimas decides otherwise.
Article 4
The powers of the Supreme Council and its deputies
shall be terminated when the elected Seimas of the Republic of
Lithuania convenes into its first sitting.
The members of the Seimas of the Republic of Lithuania
shall convene in a sitting on the third working day
after the announcement of the Central Electoral Committee,
following both election rounds, that at least 3/5 of all the
members of the Seimas have been elected.
Article 5
The following text shall be the established oath of
members of the Seimas of the Republic of Lithuania:
"I (full name),
Swear to be faithful to the Republic of Lithuania;
Swear to respect and observe its Constitution and laws
and to protect the integrity of its territories;
Swear to strengthen, to the best of my ability,
the independence of Lithuania, and to conscientiously serve
my Homeland, Democracy, and the well-being of the people
of Lithuania. So help me God."
The oath may also be taken omitting the last sentence.
Article 6
The legal situation during the period that there is no
President of the Republic shall be equivalent to the
situation which is provided for in Article 89 of the Constitution
of the Republic of Lithuania.
As necessary, the Seimas, by a majority vote of more than
half of all the members of the Seimas, may prolong the term
provided in Article 89 for a period not exceeding four months.
Article 7
Judges of the Constitutional Court of the Republic of
Lithuania, including the Chairperson of the Constitutional
Court, must be appointed not later than one month after the
President of the Republic is elected.
Upon the initial appointment of Constitutional Court
judges, three of them shall be appointed for a three-year term,
three for a six-year term, and three for a nine-year term.
The President of the Republic, the Chairperson of the
Seimas, and the Chair-person of the Supreme Court shall
indicate in their proposals to appoint Constitutional Court
judges which of them shall be appointed for three years, which
for six, and which for nine.
The judges of the Constitutional Court who are appointed
for three or six-year terms may hold the same office for one
more term after an interval of at least three years.
Article 8
The provisions of part 3 of Article 20 of the Constitution
of the Republic of Lithuania shall become applicable once the
laws on the criminal procedure of the Republic of Lithuania
are coordinated with this Constitution.
VYTAUTAS LANDSBERGIS
President
Supreme Council
Republic of Lithuania
Vilnius
6 November 1992