

The Constitution of the Republic ofLithuania
(Adoptedby the citizens of the Republic of Lithuania in the Referendum of 25 October1992)
TheLithuanian Nation
having created the State of Lithuania many centuries ago,
having based its legal foundations on the Lithuanian Statutes and theConstitutions of the Republic of Lithuania,
having for centuries staunchly defended its freedom and independence,
having preserved its spirit, native language, writing, and customs,
embodying the innate right of the human being and the Nation to live and createfreely in the land of their fathers and forefathersin the independent State ofLithuania,
fostering national concord in the land of Lithuania,
striving for an open, just, and harmonious civil society and a State under therule of law,
bythe will of the citizens of the reborn State of Lithuania, adopts and proclaimsthis
Constitution
Article1
TheState of Lithuania shall be an independent democratic republic.
Article2
TheState of Lithuania shall be created by the Nation. Sovereignty shall belong tothe Nation.
Article3
Noone may restrict or limit the sovereignty of the Nation or arrogate to himself thesovereign powers belonging to the entire Nation.
TheNation and each citizen shall have the right to resist anyone who encroaches onthe independence, territorial integrity, and constitutional order of the Stateof Lithuania by force.
Article4
TheNation shall execute its supreme sovereign power either directly or through itsdemocratically elected representatives.
Article5
InLithuania, state power shall be executed by the Seimas, the President of theRepublic and the Government, and the Judiciary.
Thescope of power shall be limited by the Constitution.
Stateinstitutions shall serve the people.
Article6
TheConstitution shall be an integral and directly applicable act.
Everyonemay defend his rights by invoking the Constitution.
Article7
Anylaw or other act that contradicts the Constitution shall be invalid.
Onlylaws that are published shall be valid.
Ignoranceof the law shall exempt no one from liability.
Article8
Theseizure of state power or state institutions by force shall be consideredanti-constitutional actions, which are unlawful and invalid.
Article9
Themost significant issues concerning the life of the State and the Nation shallbe decided by referendum.
Incases established by law, the Seimas shall call a referendum.
Areferendum shall also be called if not less than 300,000 citizens with theelectoral right so request.
Theprocedure for calling and conducting referendums shall be established by law.
Article10
Theterritory of the State of Lithuania shall be integral and shall not be dividedinto any state-like formations.
Theboundaries of the State may be altered only by an international treaty of theRepublic of Lithuania after it is ratified by 4/5 of all the Members of theSeimas.
Article11
Theterritorialadministrative units of the State of Lithuania andtheir boundaries shall be established by law.
Article12
Citizenshipof the Republic of Lithuania shall be acquired by birth or on other groundsestablished by law.
Withthe exception of individual cases provided for by law, no one may be a citizenof both the Republic of Lithuania and another state at the same time.
Theprocedure for the acquisition and loss of citizenship shall be established bylaw.
Article13
TheState of Lithuania shall protect its citizens abroad.
Itshall be prohibited to extradite a citizen of the Republic of Lithuania toanother state unless an international treaty of the Republic of Lithuaniaestablishes otherwise.
Article14
Lithuanianshall be the state language.
Article15
Thecolours of the flag of the State shall be yellow, green, and red.
Thecoat of arms of the State shall be a white Vytis on a red field.
Thecoat of arms and flag of the State, as well as their use, shall be established bylaw.
Article16
Theanthem of the State shall be Tautiðka giesmë by Vincas Kudirka.
Article17
Thecapital of the State of Lithuania shall be the city of Vilnius, thelong-standing historical capital of Lithuania.
Article18
Humanrights and freedoms shall be innate.
Article19
Theright to life of a human being shall be protected by law.
Article20
Humanliberty shall be inviolable.
Noone may be arbitrarily apprehended or detained. No one may be deprived of his libertyotherwise than on the grounds and according to the procedures established bylaw.
Aperson apprehendedin flagrante delicto must, within 48 hours, bebrought before a court for the purpose of deciding, in the presence of this person,on the validity of the apprehension. If the court does not adopt a decision to detainthe person, the apprehended person shall be released immediately.
Article21
Thehuman person shall be inviolable.
Humandignity shall be protected by law.
Itshall be prohibited to torture or injure a human being, degrade his dignity,subject him to cruel treatment, or to establish such punishments.
Noone may be subjected to scientific or medical experimentation without hisknowledge and free consent.
Article22
Privatelife shall be inviolable.
Personalcorrespondence, telephone conversations, telegraph messages, and othercommunications shall be inviolable.
Informationconcerning the private life of a person may be collected only upon a justifiedcourt decision and only according to the law.
Thelaw and courts shall protect everyone from arbitrary or unlawful interference withhis private and family life, as well as from encroachment upon his honour anddignity.
Article23
Propertyshall be inviolable.
Therights of ownership shall be protected by law.
Propertymay be taken only for the needs of society according to the procedureestablished by law and shall be justly compensated for.
Article24
Thehome of a human being shall be inviolable.
Withoutthe consent of the resident, it shall not be permitted to enter his home otherwisethan by a court decision or according to the procedure established by law whenthis is necessary to guarantee public order, apprehend a criminal, or save thelife, health, or property of a human being.
Article25
Everyoneshall have the right to have his own convictions and freely express them.
Noone must be hindered from seeking, receiving, or imparting information andideas.
Thefreedom to express convictions, as well as to receive and impart information,may not be limited otherwise than by law when this is necessary to protect humanhealth, honour or dignity, private life, or morals, or to defend theconstitutional order.
Thefreedom to express convictions and to impart information shall be incompatiblewith criminal actionsincitement to national, racial, religious, or socialhatred, incitement to violence or to discrimination, as well as defamation anddisinformation.
Citizensshall have the right to receive, according to the procedure established by law,any information held about them by state institutions.
Article26
Freedomof thought, conscience, and religion shall not be restricted.
Everyoneshall have the right to freely choose any religion or belief and, either aloneor with others, in private or in public, to profess his religion, to performreligious ceremonies, as well as to practise and teach his belief.
Noone may compel another person or be compelled to choose or profess any religionor belief.
Thefreedom to profess and spread religion or belief may not be limited otherwisethan by law and only when this is necessary to guarantee the security ofsociety, public order, the health or morals of people, or other basic rights orfreedoms of the person.
Parentsand guardians shall, without restrictions, take care of the religious and moraleducation of their children and wards according to their own convictions.
Article27
Convictions,practised religion, or belief may not serve as a justification for a crime orfailure to observe laws.
Article28
Whileimplementing his rights and exercising his freedoms, everyone must observe theConstitution and laws of the Republic of Lithuania and must not restrict therights and freedoms of other people.
Article29
Allpersons shall be equal before the law, courts, and other state institutions andofficials.
Humanrights may not be restricted; no one may be granted any privileges on thegrounds of gender, race, nationality, language, origin, social status, belief,convictions, or views.
Article30
Aperson whose constitutional rights or freedoms are violated shall have theright to apply to a court.
Compensationfor material and moral damage inflicted upon a person shall be established bylaw.
Article31
Aperson shall be presumed innocent until proved guilty according to theprocedure established by law and declared guilty by an effective court judgment.
Aperson charged with committing a crime shall have the right to a public andfair hearing of his case by an independent and impartial court.
Itshall be prohibited to compel anyone to give evidence against himself, or his familymembers or close relatives.
Punishmentmay be imposed or applied only on the grounds established by law.
Noone may be punished twice for the same offence.
Aperson suspected of committing a crime, as well as the accused, shall beguaranteed, from the moment of his apprehension or first interrogation, theright to defence, as well as the right to an advocate.
Article32
Citizensmay move and choose their place of residence in Lithuania freely and may leaveLithuania freely.
Theserights may not be restricted otherwise than by law when this is necessary forthe protection of the security of the State or the health of people, or for theadministration of justice.
Citizensmay not be prohibited from returning to Lithuania.
Everyonewho is Lithuanian may settle in Lithuania.
Article33
Citizensshall have the right to participate in the governance of their State bothdirectly and through their democratically elected representatives, as well asthe right to enter on equal terms the State Service of the Republic ofLithuania.
Citizensshall be guaranteed the right to criticise the work of state institutions ortheir officials and to appeal against their decisions. Persecution forcriticism shall be prohibited.
Citizensshall be guaranteed the right of petition; the procedure for the implementationof this right shall be established by law.
Article34
Citizenswho, on the day of the election, have reached 18 years of age shall have theelectoral right.
Theright to stand for election shall be established by the Constitution of theRepublic of Lithuania and by the election laws.
Citizenswho are declared by a court to be legally incapacitated shall not participatein elections.
Article35
Citizensshall be guaranteed the right to freely form societies, political parties, andassociations provided that the aims and activities thereof are not contrary tothe Constitution and laws.
Noone may be compelled to belong to any society, political party, or association.
Thefounding and activities of political parties and other political and publicorganisations shall be regulated by law.
Article36
Citizensmay not be prohibited or hindered from assembling unarmed in peaceful meetings.
Thisright may not be limited otherwise than by law and only when this is necessaryto protect the security of the State or society, public order, the health ormorals of people, or the rights or freedoms of other persons.
Article37
Citizensbelonging to ethnic communities shall have the right to foster their language,culture, and customs.
Article38
Thefamily shall be the basis of society and the State.
Family,motherhood, fatherhood, and childhood shall be under the protection and care ofthe State.
Marriageshall be concluded upon the free mutual consent of man and woman.
TheState shall register marriages, births, and deaths. The State shall alsorecognise the church registration of marriages.
Inthe family, the rights of spouses shall be equal.
Theright and duty of parents shall be to bring up their children to be honestpeople and faithful citizens, and to support them until they reach the age ofmajority.
Theduty of children shall be to respect their parents, to take care of them intheir old age, and to preserve their heritage.
Article39
TheState shall take care of families raising and bringing up children at home, andshall render them support according to the procedure established by law.
Thelaw shall make a provision for working mothers to be granted paid leave beforeand after childbirth, as well as favourable working conditions and otherconcessions.
Under-agechildren shall be protected by law.
Article40
Stateand municipal establishments of teaching and education shall be secular. At therequest of parents, they shall provide religious instruction.
Non-stateestablishments of teaching and education may be founded according to theprocedure established by law.
Schoolsof higher education shall be granted autonomy.
TheState shall supervise the activities of establishments of teaching andeducation.
Article41
Educationshall be compulsory for persons under the age of 16.
Educationat state and municipal schools of general education, vocational schools, andschools of further education shall be free of charge.
Highereducation shall be accessible to everyone according to individual abilities.Citizens who are good at their studies shall be guaranteed education at stateschools of higher education free of charge.
Article42
Culture,science and research, and teaching shall be free.
TheState shall support culture and science, and shall take care of the protectionof Lithuanian historical, artistic, and other cultural monuments, as well asother culturally valuable objects.
Thelaw shall protect and defend the spiritual and material interests of an author thatare related to scientific, technical, cultural, and artistic work.
Article43
TheState shall recognise the churches and religious organisations that aretraditional in Lithuania; other churches and religious organisations shall berecognised provided that they have support in society, and their teaching andpractices are not in conflict with the law and public morals.
Churchesand religious organisations recognised by the State shall have the rights of alegal person.
Churchesand religious organisations shall be free to proclaim their teaching, performtheir ceremonies, and have houses of prayer, charity establishments, andschools for the training of priests.
Churchesand religious organisations shall conduct their affairs freely according totheir canons and statutes.
Thestatus of churches and other religious organisations in the State shall be establishedby agreement or by law.
Theteaching proclaimed by churches and religious organisations, other religiousactivities, and houses of prayer may not be used for purposes that are inconflict with the Constitution and laws.
Thereshall be no state religion in Lithuania.
Article44
Censorshipof mass information shall be prohibited.
TheState, political parties, political or public organisations, or otherinstitutions or persons may not monopolise the mass media.
Article45
Ethniccommunities of citizens shall independently manage the affairs of their ethnicculture, education, charity, and mutual assistance.
Ethniccommunities shall be provided support by the State.
Article46
Theeconomy of Lithuania shall be based on the right of private ownership, freedomof individual economic activity, and economic initiative.
TheState shall support economic efforts and initiative that are useful to society.
TheState shall regulate economic activity so that it serves the general welfare ofthe Nation.
Thelaw shall prohibit the monopolisation of production and the market, and shallprotect freedom of fair competition.
TheState shall defend the interests of the consumer.
Article47
Thesubsurface, as well as the internal waters, forests, parks, roads, and historical,archaeological, and cultural objects of state importance, shall belong by rightof exclusive ownership to the Republic of Lithuania.
TheRepublic of Lithuania shall have the exclusive rights to the airspace over itsterritory, its continental shelf, and the economic zone in the Baltic Sea.
Inthe Republic of Lithuania, foreign entities may acquire the ownership of land,internal waters, and forests according to a constitutional law.
Plotsof land may belong to a foreign state by right of ownership for theestablishment of its diplomatic missions and consular posts according to theprocedure and conditions established by law.
Amendmentsto the Article:
No.I-1390, 20.06.96, Valstybës þinios (Official Gazette), 1996, No. 64-1501(05.07.96)
No.IX-1305, 23.01.2003, Valstybës þinios (Official Gazette), 2003, No. 14-540(07.02.2003)
Article48
Everyonemay freely choose a job or business, and shall have the right to have proper,safe, and healthy conditions at work, as well as to receive fair pay for workand social security in the event of unemployment.
Thework of foreigners in the Republic of Lithuania shall be regulated by law.
Forcedlabour shall be prohibited.
Militaryservice or alternative service performed instead of military service, as wellas work performed by citizens in time of war, natural disaster, epidemics, orother extreme cases, shall not be considered forced labour.
Incases where persons convicted by a court perform work regulated by law, suchwork shall not be considered forced labour, either.
Article49
Everyworking person shall have the right to rest and leisure, as well as to annualpaid leave.
Thelength of working time shall be established by law.
Article50
Tradeunions shall be established freely and shall function independently. They shalldefend the professional, economic, and social rights and interests ofemployees.
Alltrade unions shall have equal rights.
Article51
Whiledefending their economic and social interests, employees shall have the rightto strike.
Limitationson this right and the conditions and procedure for its implementation shall beestablished by law.
Article52
TheState shall guarantee its citizens the right to receive old-age and disabilitypensions, as well as social assistance in the event of unemployment, sickness,widowhood, the loss of the breadwinner, and in other cases provided for by law.
Article53
TheState shall take care of the health of people and shall guarantee medical aidand services for a person in the event of sickness. The procedure for providingmedical aid to citizens free of charge at state medical establishments shall beestablished by law.
TheState shall promote the physical culture of society and shall support sport.
TheState and each person must protect the environment from harmful influences.
Article54
TheState shall take care of the protection of the natural environment, wildlifeand plants, individual objects of nature, and areas of particular value, andshall supervise the sustainable use of natural resources, as well as theirrestoration and increase.
Thedestruction of land and subsurface, the pollution of water and air, radioactiveimpact on the environment, as well as the depletion of wildlife and plants,shall be prohibited by law.
Article55
TheSeimas shall consist of representatives of the Nation141 Members of the Seimas,who shall be elected for a four-year term on the basis of universal, equal, anddirect suffrage by secret ballot.
TheSeimas shall be deemed elected when not less than 3/5 of the Members of theSeimas are elected.
Theprocedure for the election of the Members of the Seimas shall be established bylaw.
Article56
Anycitizen of the Republic of Lithuania who is not bound by an oath or a pledge toa foreign state, and who, on the election day, is not younger than 25 years ofage and permanently resides in Lithuania, may stand for election as a Member ofthe Seimas.
Personswho have not served punishment imposed by a court judgment, as well as persons declaredby a court to be legally incapacitated, may not stand for election as a Memberof the Seimas.
Article57
Aregular election to the Seimas shall be held in the year of the expiry of thepowers of the Members of the Seimas on the second Sunday of October.
Aregular election to the Seimas following an early election to the Seimas shallbe held at the time specified in the first paragraph of this Article.
Amendmentsto the Article:
No.IX-2344, 13.07.2004, Valstybës þinios (Official Gazette), 2004, No. 111-4124(17.07.2004)
Article58
Anearly election to the Seimas may be held upon the decision of the Seimasadopted by not less than a 3/5 majority vote of the Members of the Seimas.
Anearly election to the Seimas may also be called by the President of theRepublic:
1)if the Seimas fails to adopt a decision on the new programme of the Governmentwithin 30 days of its presentation, or if the Seimas twice in succession givesno assent to the programme of the Government within 60 days of its firstpresentation;
2)upon the proposal of the Government, if the Seimas expresses direct no confidencein the Government.
ThePresident of the Republic may not call an early election to the Seimas if theterm of office of the President of the Republic expires in less than 6 months, orif 6 months have not passed since the early election to the Seimas.
Theday of election to the new Seimas shall be specified in the resolution of theSeimas or in the act of the President of the Republic on the early election tothe Seimas. The election to the new Seimas must be held within 3 months of theadoption of the decision on the early election.
Article59
Theterm of powers of the Members of the Seimas shall begin to be counted from theday on which the newly elected Seimas convenes for the first sitting. The termof powers of the previously elected Members of the Seimas shall expire at thebeginning of this sitting.
Anelected Member of the Seimas shall acquire all the rights of a representativeof the Nation only after taking an oath at the Seimas to be faithful to theRepublic of Lithuania.
AMember of the Seimas who either does not take the oath according to theprocedure established by law or takes a conditional oath shall lose the mandateof a Member of the Seimas. The Seimas shall adopt a corresponding resolutionthereon.
Whilein office, the Members of the Seimas shall follow the Constitution of the Republicof Lithuania, the interests of the State, as well as their own consciences, andmay not be restricted by any mandates.
Article60
Theduties of the Members of the Seimas, with the exception of their duties at theSeimas, shall be incompatible with any other duties at state institutions or organisations,or with work in business, commercial, or other private establishments orenterprises. During their term of office, the Members of the Seimas shall beexempt from the duty to perform national defence service.
AMember of the Seimas may be appointed only either as the Prime Minister or aMinister.
Thework of the Members of the Seimas, as well as all expenses relating to their parliamentaryactivities, shall be remunerated from the State Budget. A Member of the Seimasmay not receive any other remuneration, with the exception of remuneration forcreative activities.
Theduties, rights, and guarantees of the activities of a Member of the Seimasshall be established by law.
Article61
AMember of the Seimas shall have the right to submit an inquiry to the PrimeMinister, the Ministers, and the heads of other state institutions formed orelected by the Seimas. The said persons must respond orally or in writingduring the session of the Seimas according to the procedure established by theSeimas.
Duringa session of the Seimas, a group of not less than 1/5 of the Members of theSeimas may interpellate the Prime Minister or a Minister.
Uponconsidering the response of the Prime Minister or the Minister to theinterpellation, the Seimas may decide that the response is not satisfactory,and, by a majority vote of half of all the Members of the Seimas, may expressno confidence in the Prime Minister or the Minister.
Thevoting procedure shall be established by law.
Article62
Theperson of a Member of the Seimas shall be inviolable.
TheMembers of the Seimas may not be held criminally liable or be detained, or havetheir liberty restricted otherwise, without the consent of the Seimas.
TheMembers of the Seimas may not be persecuted for their votes or speeches at theSeimas. However, they may be held liable according to the general procedure forpersonal insult or defamation.
Article63
Thepowers of a Member of the Seimas shall cease:
1)upon the expiry of the term of powers, or when the Seimas elected in an earlyelection convenes for the first sitting;
2)upon his death;
3)upon his resignation;
4)when he is declared by a court to be legally incapacitated;
5)when the Seimas revokes his mandate according to the procedure for impeachmentproceedings;
6)when the election is declared invalid, or the law on election is grosslyviolated;
7)when he takes up or does not give up employment that is incompatible with theduties of a Member of the Seimas;
8)when he loses his citizenship of the Republic of Lithuania.
Article64
Everyyear, the Seimas shall convene for two regular sessionsin spring and autumn.The spring session shall commence on the 10th of March and shall end on the 30thof June. The autumn session shall commence on the 10th of September and shallend on the 23rd of December. The Seimas may decide to prolong a session.
Extraordinarysessions shall be convened by the Speaker of the Seimas upon the proposal ofnot less than one-third of all the Members of the Seimas, or by the Presidentof the Republic in cases provided for in the Constitution.
Article65
ThePresident of the Republic shall convene the first sitting of the newly electedSeimas, which must be held within 15 days of the election of the Seimas. If thePresident of the Republic fails to convene the Seimas, the Members of theSeimas shall assemble by themselves on the day following the expiry of the15-day period.
Article66
Sittingsof the Seimas shall be presided over by the Speaker of the Seimas, or hisDeputy.
Thefirst sitting of the Seimas after its election shall be opened by the eldestMember of the Seimas.
Article67
TheSeimas:
1)shall consider and adopt amendments to the Constitution;
2)shall pass laws;
3)shall adopt resolutions on referendums;
4)shall call elections for the President of the Republic of Lithuania;
5)shall establish state institutions provided for by law, and appoint and releasetheir heads;
6)shall or shall not give its assent to the candidate proposed by the Presidentof the Republic for the post of the Prime Minister;
7)shall consider the programme of the Government, presented by the Prime Minister,and decide whether to give its assent to it;
8)shall, upon the proposal of the Government, establish and abolish the ministriesof the Republic of Lithuania;
9)shall supervise the activities of the Government and may express no confidencein the Prime Minister or a Minister;
10)shall appoint the justices and Presidents of the Constitutional Court and theSupreme Court;
11)shall appoint and release the Auditor General and the Chairperson of the Boardof the Bank of Lithuania;
12)shall call elections to municipal councils;
13)shall form the Central Electoral Commission and alter its composition;
14)shall approve the State Budget and supervise its execution;
15)shall establish state taxes and other compulsory payments;
16)shall ratify and denounce international treaties of the Republic of Lithuaniaand consider other issues of foreign policy;
17)shall establish the administrative division of the Republic;
18)shall establish the state awards of the Republic of Lithuania;
19)shall issue acts of amnesty;
20)shall impose direct rule and martial law, declare states of emergency, announcemobilisation, and adopt a decision to use the armed forces.
Article68
Theright of legislative initiative at the Seimas shall belong to the Members ofthe Seimas, the President of the Republic, and the Government.
Thecitizens of the Republic of Lithuania shall also have the right of legislativeinitiative. 50,000 citizens of the Republic of Lithuania who have the electoralright may submit a draft law to the Seimas, and the Seimas must consider it.
Article69
Lawsshall be adopted at the Seimas according to the procedure established by law.
Lawsshall be deemed adopted if the majority of the Members of the Seimasparticipating in the sitting vote in favour thereof.
Constitutionallaws of the Republic of Lithuania shall be adopted if more than half of all theMembers of the Seimas vote in favour thereof, and they shall be altered by notless than a 3/5 majority vote of all the Members of the Seimas. The Seimasshall establish the list of constitutional laws by a 3/5 majority vote of theMembers of the Seimas.
Theprovisions of laws of the Republic of Lithuania may also be adopted byreferendum.
Article70
Lawsadopted by the Seimas shall come into force after they are signed andofficially promulgated by the President of the Republic, unless the lawsthemselves establish a later date for their entry into force.
Otheracts adopted by the Seimas, as well as the Statute of the Seimas, shall besigned by the Speaker of the Seimas. The said acts shall come into force on theday following their publication, unless the acts themselves establish anotherprocedure for their entry into force.
Article71
Withinten days of receiving a law adopted by the Seimas, the President of theRepublic either shall sign and officially promulgate the law or shall, uponreasonable grounds, refer it back to the Seimas for reconsideration.
Ifthe law adopted by the Seimas is neither referred back nor signed by thePresident of the Republic within the specified period, the law shall come into forceafter it is signed and officially promulgated by the Speaker of the Seimas.
Alaw or another act adopted by referendum must, within 5 days, be signed andofficially promulgated by the President of the Republic.
Ifthe President of the Republic does not sign and promulgate such a law withinthe specified period, the law shall come into force after it is signed andofficially promulgated by the Speaker of the Seimas.
Article72
TheSeimas may consider anew and adopt a law referred back by the President of theRepublic.
Thelaw reconsidered by the Seimas shall be deemed adopted if the amendments andsupplements submitted by the President of the Republic are adopted, or if morethan 1/2 of all the Members of the Seimas vote for the law, or, in cases wheresuch a law is a constitutional lawif not less than 3/5 of all the Members ofthe Seimas vote in favour thereof.
ThePresident of the Republic must sign such laws within three days and promulgatethem immediately.
Article73
Complaintsof citizens about the abuse of authority or bureaucratic intransigence by stateand municipal officials (with the exception of judges) shall be examined by theSeimas Ombudsmen, who shall have the right to submit a proposal before a courtfor dismissing the guilty officials from office.
Thepowers of the Seimas Ombudsmen shall be established by law.
TheSeimas shall also establish, when necessary, other institutions of control.Their system and powers shall be established by law.
Article74
ThePresident of the Republic, the President and justices of the ConstitutionalCourt, the President and justices of the Supreme Court, the President andjudges of the Court of Appeal, as well as any Members of the Seimas, whogrossly violate the Constitution or breach their oath, or are found to havecommitted a crime, may be removed from office or have the mandate of a Memberof the Seimas revoked by a 3/5 majority vote of all the Members of the Seimas.This shall be performed according to the procedure for impeachment proceedings,which shall be established by the Statute of the Seimas.
Article75
Theofficials appointed or elected by the Seimas, with the exception of the personsspecified in Article 74 of the Constitution, shall be dismissed from officewhen the Seimas expresses no confidence in them by a majority vote of all theMembers of the Seimas.
Article76
Thestructure and procedure of activities of the Seimas shall be established by theStatute of the Seimas. The Statute of the Seimas shall have the force of a law.
Article77
ThePresident of the Republic shall be the Head of State.
ThePresident of the Republic shall represent the State of Lithuania and shallperform everything with which he is charged by the Constitution and laws.
Article78
ALithuanian citizen by descent who has lived in Lithuania for not less than thelast three years, provided that he has reached the age of not less than 40prior to the election day and may stand for election as a Member of the Seimas,may stand for election as the President of the Republic.
ThePresident of the Republic shall be elected by the citizens of the Republic ofLithuania for a five-year term by universal, equal, and direct suffrage bysecret ballot.
Thesame person may not be elected the President of the Republic for more than twoconsecutive terms.
Article79
Anycitizen of the Republic of Lithuania who meets the conditions set forth in the firstparagraph of Article 78 and collects the signatures of not less than 20,000voters shall be registered as a presidential candidate.
Thenumber of candidates for the post of the President of the Republic shall not belimited.
Article80
Aregular election of the President of the Republic shall be held on the last Sundaytwo months before the expiry of the term of office of the President of theRepublic.
Article81
Thecandidate for the post of the President of the Republic who, during the first roundof voting in which not less than half of all the voters participate, receivesthe votes of more than half of all the voters who participate in the electionshall be deemed elected. If less than half of all the voters participate in theelection, the candidate who receives the greatest number of votes, but not lessthan 1/3 of the votes of all the voters, shall be deemed elected.
If,during the first round of voting, no single candidate gets the requisite numberof votes, the second round of voting shall be held two weeks later with the twocandidates who have received the greatest number of votes standing against eachother. The candidate who receives more votes shall be deemed elected.
Ifno more than two candidates take part in the first round, and neither of themreceives the requisite number of votes, a repeat election shall be held.
Article82
Onthe day following the expiry of the term of office of the President of theRepublic, the elected President of the Republic shall take office after he, inVilnius, in the presence of the representatives of the Nationthe Members ofthe Seimas, takes an oath to the Nation to be faithful to the Republic ofLithuania and the Constitution, to conscientiously fulfil the duties of hisoffice, and to be equally just to all.
Are-elected President of the Republic shall also take the oath.
Theact on taking the oath of the President of the Republic shall be signed by himand by the President of the Constitutional Court or, in the absence of thelatter, by a justice of the Constitutional Court.
Article83
ThePresident of the Republic may not be a Member of the Seimas, may not hold anyother office, and may not receive any remuneration other than the remunerationestablished for the President of the Republic and remuneration for creativeactivities.
Aperson elected the President of the Republic must suspend his activities inpolitical parties and political organisations until the beginning of a newcampaign for the election of the President of the Republic.
Article84
ThePresident of the Republic:
1)shall decide the basic issues of foreign policy and, together with theGovernment, conduct foreign policy;
2)shall sign international treaties of the Republic of Lithuania and submit themto the Seimas for ratification;
3)shall, upon submission by the Government, appoint and recall the diplomaticrepresentatives of the Republic of Lithuania to foreign states andinternational organisations; shall receive the letters of credence and recallof the diplomatic representatives of foreign states; and shall confer thehighest diplomatic ranks and special titles;
4)shall, upon the assent of the Seimas, appoint the Prime Minister; shall chargethe Prime Minister with forming the Government; and shall approve the compositionof the formed Government;
5)shall, upon the assent of the Seimas, release the Prime Minister from duties;
6)shall accept the powers returned by the Government upon the election of a newSeimas and charge the Government with exercising its duties until a newGovernment is formed;
7)shall accept the resignation of the Government and, when necessary, charge it withcontinuing to exercise its duties, or charge one of the Ministers withexercising the duties of the Prime Minister, until a new Government is formed;shall accept the resignations of Ministers and may charge them with exercisingtheir duties until a new respective Minister is appointed;
8)shall, upon the resignation of the Government or after it returns its powers,within 15 days, propose the candidate for the post of the Prime Minister forconsideration by the Seimas;
9)shall appoint and release Ministers upon submission by the Prime Minister;
10)shall, according to the established procedure, appoint and release stateofficials provided for by law;
11)shall propose candidates for the posts of the justices of the Supreme Court forconsideration by the Seimas and, upon the appointment of all the justices ofthe Supreme Court, propose the candidate from among them for the post of thePresident of the Supreme Court to be appointed by the Seimas; shall appoint thejudges of the Court of Appeal and, from among them, the President of the Courtof Appeal, provided that the Seimas gives its assent to the candidates proposed;shall appoint the judges and presidents of regional and local courts and changetheir places of work; in cases provided for by law, shall submit that theSeimas release judges from their duties; shall, upon the assent of the Seimas,appoint and release the Prosecutor General of the Republic of Lithuania;
12)shall propose candidates for the posts of three justices of the ConstitutionalCourt and, upon the appointment of all the justices of the ConstitutionalCourt, propose the candidate from among them for the post of the President ofthe Constitutional Court to be appointed by the Seimas;
13)shall propose candidates for the posts of the Auditor General and the Chairpersonof the Board of the Bank of Lithuania for consideration by the Seimas; maysubmit that the Seimas express no confidence in them;
14)shall, upon the assent of the Seimas, appoint and release the Commander of theArmed Forces and the Head of the Security Service;
15)shall confer the highest military ranks;
16)shall, in the event of an armed attack threatening the sovereignty of the Stateor its territorial integrity, adopt decisions concerning defence against the armedaggression, the imposition of martial law, as well as mobilisation, and submitthese decisions for approval at the next sitting of the Seimas;
17)shall declare a state of emergency according to the procedure and in casesestablished by law and present this decision for approval at the next sittingof the Seimas;
18)shall make annual reports at the Seimas on the situation in Lithuania and thedomestic and foreign policies of the Republic of Lithuania;
19)shall, in cases provided for in the Constitution, convene an extraordinarysession of the Seimas;
20)shall call regular elections to the Seimas and, in cases provided for in the secondparagraph of Article 58 of the Constitution, call early elections to theSeimas;
21)shall grant citizenship of the Republic of Lithuania according to the procedureestablished by law;
22)shall confer state awards;
23)shall grant pardons to convicted persons;
24)shall sign and promulgate laws adopted by the Seimas or refer them back to theSeimas according to the procedure established in Article 71 of theConstitution.
Amendmentsto the Article:
No.IX-1378, 20.03.2003, Valstybës þinios (Official Gazette), 2003, No. 32-1315(02.04.2003)
Article85
ThePresident of the Republic, implementing the powers vested in him, shall issueacts-decrees. To be valid, the decrees issued by the President of the Republicfor the purposes specified in Items 3, 15, 17, and 21 of Article 84 of theConstitution must be signed by the Prime Minister or an appropriate Minister.Responsibility for such a decree shall lie with the Prime Minister or theMinister who signs it.
Article86
Theperson of the President of the Republic shall be inviolable: while in office,he may be neither detained nor held criminally or administratively liable.
ThePresident of the Republic may be removed from office only for a gross violationof the Constitution or a breach of the oath, or when he is found to havecommitted a crime. The issue of the removal of the President of the Republicfrom office shall be decided by the Seimas according to the procedure forimpeachment proceedings.
Article87
After,in cases provided for in the second paragraph of Article 58 of theConstitution, the President of the Republic calls an early election to theSeimas, the newly elected Seimas may, by a 3/5 majority vote of all the Membersof the Seimas and within 30 days of the day of the first sitting, call an earlyelection of the President of the Republic.
ThePresident of the Republic wishing to participate in the election shall beimmediately registered as a candidate.
ThePresident of the Republic re-elected in such an election shall be deemedelected for the second term of office provided that more than three years ofhis first term of office have expired prior to the election. If less than threeyears of the first term of office have expired, the President of the Republicshall only be elected for the remainder of the first term of office, whichshall not be considered the second term of office.
Ifan early election of the President of the Republic is called during his secondterm of office, the incumbent President of the Republic may only be elected forthe remainder of the second term of office.
Article88
Thepowers of the President of the Republic shall cease:
1)upon the expiry of the period for which he is elected;
2)after an early election of the President of the Republic takes place;
3)upon his resignation from office;
4)upon his death;
5)when the Seimas removes him from office according to the procedure forimpeachment proceedings;
6)when the Seimas, taking into consideration the conclusion of the ConstitutionalCourt, by a 3/5 majority vote of all the Members of the Seimas, adopts a resolutionstating that the state of health of the President of the Republic does notallow him to hold office.
Article89
Inthe event that the President of the Republic dies, resigns, or is removed fromoffice according to the procedure for impeachment proceedings, or the Seimasdecides that the state of health of the President of the Republic does notallow him to hold office, the office of the President of the Republic shalltemporarily be held by the Speaker of the Seimas. In such a case, the Speakerof the Seimas shall lose his powers at the Seimas, and his office shalltemporarily be held, upon commissioning by the Seimas, by his Deputy. In theenumerated cases, the Seimas must, within 10 days, call an election of thePresident of the Republic, which must be held within two months. If the Seimascannot convene and call the election of the President of the Republic, theelection shall be called by the Government.
TheSpeaker of the Seimas shall substitute for the President of the Republic whenthe latter is temporarily abroad or falls ill and, for this reason, istemporarily unable to hold office.
Whiletemporarily substituting for the President of the Republic, the Speaker of theSeimas may neither call an early election to the Seimas nor appoint or release Ministerswithout the consent of the Seimas. During the said period, the Seimas may notconsider the issue of no confidence in the Speaker of the Seimas.
Withthe exception of the cases specified in this Article, the powers of thePresident of the Republic may not be executed by any other persons orinstitutions.
Article90
ThePresident of the Republic shall have a residence. The financing of thePresident of the Republic and of his residence shall be established by law.
Article91
TheGovernment of the Republic of Lithuania shall consist of the Prime Minister andMinisters.
Article92
ThePrime Minister shall, upon the assent of the Seimas, be appointed and releasedby the President of the Republic.
Ministersshall, upon submission by the Prime Minister, be appointed and released by thePresident of the Republic.
ThePrime Minister, within 15 days of his appointment, shall form and present tothe Seimas the Government, approved by the President of the Republic, and shallsubmit the programme of the formed Government for consideration by the Seimas.
TheGovernment shall return its powers to the President of the Republic after the electionof the Seimas or after the election of the President of the Republic.
Anew Government shall receive the powers to act after the Seimas gives assent toits programme by a majority vote of the Members of the Seimas participating inthe sitting.
Article93
Beforetaking office, the Prime Minister and Ministers shall take an oath at theSeimas to be faithful to the Republic of Lithuania and to observe theConstitution and laws. The text of the oath shall be established by the Law onthe Government.
Article94
TheGovernment of the Republic of Lithuania:
1)shall manage national affairs, protect the territorial inviolability of theRepublic of Lithuania, and guarantee state security and public order;
2)shall execute laws, the resolutions of the Seimas on the implementation of laws,as well as the decrees of the President of the Republic;
3)shall co-ordinate the activities of ministries and other establishments of theGovernment;
4)shall prepare a draft State Budget and submit it to the Seimas; shall executethe State Budget and submit to the Seimas a report on the execution of thebudget;
5)shall prepare draft laws and present them to the Seimas for consideration;
6)shall establish diplomatic ties and maintain relations with foreign states andinternational organisations;
7)shall discharge other duties prescribed to the Government by the Constitutionand other laws.
Article95
TheGovernment of the Republic of Lithuania shall decide the affairs of stategovernance at its sittings by adopting resolutions by a majority vote of allthe members of the Government. The Auditor General may also participate in thesittings of the Government.
Theresolutions of the Government shall be signed by the Prime Minister and theMinister of the respective area.
Article96
TheGovernment of the Republic of Lithuania shall be jointly and severallyresponsible to the Seimas for the general activities of the Government.
Ministers,in directing the areas of governance entrusted to them, shall be responsible tothe Seimas and the President of the Republic, and directly subordinate to thePrime Minister.
Article97
ThePrime Minister shall represent the Government of the Republic of Lithuania andshall head its activities.
Inthe absence of the Prime Minister, or when he is unable to hold office, the Presidentof the Republic, upon submission by the Prime Minister, shall assign one of theMinisters to substitute for the Prime Minister during a period not exceeding 60days; when there is no such submission, the President of the Republic shall assignone of the Ministers to substitute for the Prime Minister.
Article98
Ministersshall head their respective ministry, shall decide on issues belonging to thecompetence of their ministry, and shall also discharge other functions providedfor by law.
Onlyanother member of the Government appointed by the Prime Minister maytemporarily substitute for a Minister.
Article99
ThePrime Minister and Ministers may not hold any other elective or appointiveoffice, may not work in any business, commercial, or other privateestablishments or enterprises, nor may they receive any remuneration other thanthat established for their respective governmental duties and payment forcreative activities.
Article100
ThePrime Minister and Ministers may not be held criminally liable or be detained, orhave their liberty restricted otherwise, without the prior consent of theSeimas or, in the period between the sessions of the Seimas, without the priorconsent of the President of the Republic.
Article101
Atthe request of the Seimas, the Government or individual Ministers must give anaccount of their activities to the Seimas.
Whenmore than half of the Ministers are replaced, the Government must once againreceive its powers from the Seimas. Otherwise, the Government must resign.
TheGovernment must also resign in the following cases:
1)when the Seimas twice in succession does not give its assent to the programmeof the newly formed Government;
2)when the Seimas, by a majority vote of all the Members of the Seimas and bysecret ballot, expresses no confidence in the Government or in the PrimeMinister;
3)when the Prime Minister resigns or dies;
4)after the election to the Seimas, when a new Government is formed.
AMinister must resign when more than half of all the Members of the Seimas, bysecret ballot, express no confidence in him.
ThePresident of the Republic shall accept the resignation of the Government or aMinister.
Article102
TheConstitutional Court shall decide whether the laws and other acts of the Seimasare in conflict with the Constitution, and whether the acts of the President ofthe Republic and the Government are in conflict with the Constitution or laws.
Thestatus of the Constitutional Court and the procedure for the execution of itspowers shall be established by the Law on the Constitutional Court of theRepublic of Lithuania.
Article103
TheConstitutional Court shall consist of 9 justices, each appointed for a singlenine-year term of office. Every three years, one-third of the ConstitutionalCourt shall be reconstituted. The Seimas shall appoint three candidates forjustices of the Constitutional Court from the candidates submitted by thePresident of the Republic, the Speaker of the Seimas, and the President of theSupreme Court, and shall appoint them as justices.
TheSeimas shall appoint the President of the Constitutional Court from among itsjustices upon submission by the President of the Republic.
Thecitizens of the Republic of Lithuania with an impeccable reputation, highereducation in law, and not less than a 10-year length of service in the field oflaw or in a branch of science and education as a lawyer may be appointed asjustices of the Constitutional Court.
Article104
Whilein office, the justices of the Constitutional Court shall be independent of anyother state institution, person, or organisation, and shall follow only theConstitution of the Republic of Lithuania.
Beforeentering office, the justices of the Constitutional Court shall take an oath atthe Seimas to be faithful to the Republic of Lithuania and the Constitution.
Thelimitations established on work and political activities for the judges ofcourts shall also apply to the justices of the Constitutional Court.
Thejustices of the Constitutional Court shall have the same rights concerning theinviolability of their person as the Members of the Seimas.
Article105
TheConstitutional Court shall consider and adopt decisions on whether the laws ofthe Republic of Lithuania or other acts adopted by the Seimas are in conflictwith the Constitution of the Republic of Lithuania.
TheConstitutional Court shall also consider whether the following are in conflictwith the Constitution and laws:
1)the acts of the President of the Republic;
2)the acts of the Government of the Republic.
TheConstitutional Court shall present conclusions on:
1)whether there were the violations of election laws during the elections of thePresident 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 tocontinue to hold office;
3)whether the international treaties of the Republic of Lithuania are in conflictwith the Constitution;
4)whether the concrete actions of the Members of the Seimas and state officialsagainst whom an impeachment case has been instituted are in conflict with theConstitution.
Article106
TheGovernment, not less than 1/5 of all the Members of the Seimas, and courts shallhave the right to apply to the Constitutional Court concerning the actsspecified in the first paragraph of Article 105.
Notless than 1/5 of all the Members of the Seimas and courts shall have the rightto apply to the Constitutional Court concerning the conformity of the acts ofthe President of the Republic with the Constitution and laws.
Notless than 1/5 of all the Members of the Seimas, courts, as well as thePresident of the Republic, shall have the right to apply to the ConstitutionalCourt concerning the conformity of the acts of the Government with theConstitution and laws.
Anapplication by the President of the Republic to the Constitutional Court, or a resolutionof the Seimas, asking for an investigation into the conformity of an act withthe Constitution shall suspend the validity of the act.
Theconclusions of the Constitutional Court may be requested by the Seimas or, incases concerning elections to the Seimas or international treaties, by thePresident of the Republic.
TheConstitutional Court shall have the right to refuse to accept a case forconsideration or to prepare a conclusion if the application is based onnon-legal reasoning.
Article107
Alaw (or part thereof) of the Republic of Lithuania or another act (or partthereof) of the Seimas, an act (or part thereof) of the President of theRepublic, or an act (or part thereof) of the Government may not be applied fromthe day of the official publication of the decision of the Constitutional Courtthat the act in question (or part thereof) is in conflict with the Constitutionof the Republic of Lithuania.
Thedecisions of the Constitutional Court on the issues assigned to its competence bythe Constitution shall be final and not subject to appeal.
Onthe basis of the conclusions of the Constitutional Court, the Seimas shall takea final decision on the issues set forth in the third paragraph of Article 105of the Constitution.
Article108
Thepowers 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 forimpeachment proceedings.
Article109
Inthe Republic of Lithuania, justice shall be administered only by courts.
Whenadministering justice, judges and courts shall be independent.
Whenconsidering cases, judges shall obey only the law.
Courtsshall adopt decisions in the name of the Republic of Lithuania.
Article110
Judgesmay not apply any laws that are in conflict with the Constitution.
Incases when there are grounds to believe that a law or another legal act that shouldbe applied in a concrete case is in conflict with the Constitution, the judgeshall suspend the consideration of the case and shall apply to theConstitutional Court, requesting that it decide whether the law or anotherlegal act in question is in compliance with the Constitution.
Article111
Thecourts of the Republic of Lithuania shall be the Supreme Court of Lithuania,the Court of Appeal of Lithuania, regional courts, and local courts.
Forthe consideration of administrative, labour, family, and cases of othercategories, specialised courts may be established according to the law.
Nocourts with extraordinary powers may be established in the Republic ofLithuania in time of peace.
Theformation and competence of courts shall be established by the Law on Courts ofthe Republic of Lithuania.
Article112
InLithuania, only the citizens of the Republic of Lithuania may be judges.
Thejustices of the Supreme Court, as well as its President chosen from among them,shall be appointed and released by the Seimas upon submission by the Presidentof the Republic.
Thejudges of the Court of Appeal, as well as its President chosen from among them,shall be appointed by the President of the Republic upon the assent of theSeimas.
Thejudges and presidents of local, regional, and specialised courts shall beappointed, and their places of work shall be changed, by the President of theRepublic.
Aspecial institution of judges, as provided for by law, shall advise thePresident of the Republic on the appointment, promotion, and transfer of judges,or their release from duties.
Aperson appointed as a judge shall, according to the procedure established bylaw, take an oath to be faithful to the Republic of Lithuania and to administerjustice only according to the law.
Article113
Judgesmay not hold any other elective or appointive office, or work in any business,commercial, or other private establishments or enterprises. Nor may theyreceive any remuneration other than the remuneration established for judges andpayment for educational or creative activities.
Judgesmay not participate in the activities of political parties or other politicalorganisations.
Article114
Interferenceby any institutions of state power and governance, Members of the Seimas or otherofficials, political parties, political or public organisations, or citizenswith the activities of a judge or court shall be prohibited and shall lead to liabilityprovided for by law.
Judgesmay not be held criminally liable or be detained, or have their libertyrestricted otherwise, without the consent of the Seimas or, in the periodbetween the sessions of the Seimas, without the consent of the President of theRepublic of Lithuania.
Article115
Thejudges of the courts of the Republic of Lithuania shall be released from theirduties according to the procedure established by law in the following cases:
1)of their own will;
2)upon the expiry of the term of powers, or upon reaching the pensionable ageestablished by law;
3)due to their state of health;
4)upon election to another office, or upon transfer, with their consent, toanother place of work;
5)when their conduct discredits the name of judges;
6)upon the entry into effect of court judgments convicting them.
Article116
Fora gross violation of the Constitution or a breach of the oath, or when they arefound to have committed a crime, the President and justices of the SupremeCourt, as well as the President and judges of the Court of Appeal, may beremoved from office by the Seimas according to the procedure for impeachmentproceedings.
Article117
Inall courts, the consideration of cases shall be public. A closed court hearingmay be held in order to protect the secrecy of private or family life, or wherethe public consideration of the case might disclose a state, professional, orcommercial secret.
Inthe Republic of Lithuania, court proceedings shall be conducted in the statelanguage.
Personswho do not have sufficient knowledge of the Lithuanian language shall beguaranteed the right to participate in the investigation and court proceedings througha translator.
Article118
Apre-trial investigation shall be organised and directed, and charges on behalfof the State in criminal cases shall be upheld, by prosecutors.
Incases established by law, prosecutors shall defend the rights and legitimateinterests of the person, society, and the State.
Whenperforming their functions, prosecutors shall be independent and shall obeyonly the law.
TheProsecution Service of the Republic of Lithuania shall be the Office of theProsecutor General and territorial prosecutors offices.
TheProsecutor General shall be appointed and released by the President of theRepublic upon the assent of the Seimas.
Theprocedure for the appointment and release of prosecutors, as well as theirstatus, shall be established by law.
Amendmentsto the Article:
No.IX-1379, 20.03.2003, Valstybës þinios (Official Gazette), 2003, No. 32-1316(02.04.2003)
Article119
Theright to self-government shall be guaranteed to the administrative territorial unitsof the State, which are provided for by law. This right shall be implementedthrough the respective municipal councils.
Themembers of municipal councils shall be elected for a four-year term, asprovided for by law, from among the citizens of the Republic of Lithuania andother permanent residents of the respective administrative units by thecitizens of the Republic of Lithuania and other permanent residents of these administrativeunits on the basis of universal, equal, and direct suffrage by secret ballot.
Theprocedure for the organisation and activities of self-government institutionsshall be established by law.
Forthe direct implementation of the laws of the Republic of Lithuania, as well as thedecisions of the Government and the municipal council, the municipal councilshall form executive bodies accountable to it.
Amendmentsto the Article:
No.VIII-32, 12.12.1996, Valstybës þinios (Official Gazette), 1996, No. 122-2863(18.12.1996)
No.IX-959, 20.06.2002, Valstybës þinios (Official Gazette), 2002, No. 65-2629(28.06.2002)
Article120
TheState shall support municipalities.
Municipalitiesshall act freely and independently within their competence defined by theConstitution and laws.
Article121
Municipalitiesshall draft and approve their budgets.
Municipalcouncils shall have the right, within the limits and according to the procedureprovided for by law, to establish local levies; municipal councils may providefor tax and levy concessions at the expense of their own budgets.
Article122
Municipalcouncils shall have the right to apply to a court regarding the violation oftheir rights.
Article123
Athigher-level administrative units, governance shall be organised by theGovernment according to the procedure established by law.
Theobservance of the Constitution and laws and the execution of the decisions ofthe Government by municipalities shall be supervised by the representativesappointed by the Government.
Thepowers of the representatives of the Government and the procedure for the executionof their powers shall be established by law.
Incases and according to the procedure provided for by law, the Seimas maytemporarily introduce direct rule in the territory of a municipality.
Article124
Theacts or actions of municipal councils or of their executive bodies or officialsthat violate the rights of citizens or organisations may be appealed against beforea court.
Article125
Inthe Republic of Lithuania, the Bank of Lithuania shall be the central bank,which belongs to the State of Lithuania by right of ownership.
Theprocedure for the organisation and activities of the Bank of Lithuania, itspowers, and the legal status of the Chairperson of the Board of the Bank ofLithuania, as well as the grounds for his release from duties, shall beestablished by law.
Amendmentsto the Article:
No.X-572, 25.04.2006, Valstybës þinios (Official Gazette), 2006, No. 48-1701(29.04.2006)
Note.To recognise that the Law of the Republic of Lithuania Amending Article 125 ofthe Constitution (wording of 25 April 2006; Official GazetteValstybësþinios, No. 48-1701, 2006), in view of the procedure of its adoption, is inconflict with Paragraph 1 of Article 147 of the Constitution of the Republic ofLithuania.
TheConstitutional Court of the Republic of Lithuania, Ruling
24-01-2014, published 24-01-2014, identification code 2014-00478
Article126
TheBank of Lithuania shall be directed by the Board of the Bank, consisting of theChairperson, Deputy Chairpersons, and members.
TheChairperson of the Board of the Bank of Lithuania shall be appointed for afive-year term by the Seimas upon submission by the President of the Republic.
Article127
Thebudgetary system of the Republic of Lithuania shall consist of the independentState Budget of the Republic of Lithuania and independent municipal budgets.
Therevenue of the State Budget shall be raised from taxes, compulsory payments,levies, income from state-owned property, and other income.
Taxes,other payments to the budgets, and levies shall be established by the laws ofthe Republic of Lithuania.
Article128
Decisionsconcerning state loans and other basic property liabilities of the State shallbe adopted by the Seimas upon the proposal of the Government.
Theprocedure for the possession, use, and disposal of state-owned property shallbe established by law.
Article129
Thebudget year shall start on the 1st of January and shall end on the 31st ofDecember.
Article130
TheGovernment shall draw up a draft State Budget and present it to the Seimas notlater than 75 days before the end of the budget year.
Article131
Thedraft State Budget shall be considered by the Seimas and shall be approved bylaw before the start of the new budget year.
Duringthe consideration of the draft budget, the Seimas may increase expenditureprovided that it specifies financial sources for the additional expenditure. Theexpenditure established by law may not be reduced as long as these laws are notaltered.
Article132
Ifthe State Budget is not approved on time, in such cases, at the beginning ofthe budget year, the budget expenditure each month may not exceed 1/12 of the expenditureof the State Budget of the previous budget year.
Duringthe budget year, the Seimas may change the budget. It shall be changedaccording to the same procedure according to which it is drawn up, adopted, andapproved. When necessary, the Seimas may approve an additional budget.
Article133
Thesystem and powers of the National Audit Office shall be established by law.
TheNational Audit Office shall be headed by the Auditor General, who shall beappointed for a five-year term by the Seimas upon submission by the Presidentof the Republic.
Beforetaking office, the Auditor General shall take an oath. The oath shall beestablished by law.
Article134
TheNational Audit Office shall supervise the lawfulness of the possession and useof state-owned property and the execution of the State Budget.
TheAuditor General shall submit a conclusion to the Seimas concerning the reporton the annual execution of the budget.
Article135
Inimplementing its foreign policy, the Republic of Lithuania shall follow theuniversally recognised principles and norms of international law, shall seek toensure national security and independence, the welfare of its citizens, andtheir basic rights and freedoms, and shall contribute to the creation of theinternational order based on law and justice.
Inthe Republic of Lithuania, war propaganda shall be prohibited.
Article136
TheRepublic of Lithuania shall participate in international organisations providedthat this is not in conflict with the interests and independence of the State.
Article137
Theremay not be any weapons of mass destruction and foreign military bases on theterritory of the Republic of Lithuania.
Article138
TheSeimas shall ratify or denounce the following international treaties of theRepublic of Lithuania:
1)on the alteration of the boundaries of the State of the Republic of Lithuania;
2)on political co-operation with foreign states; mutual assistance treaties; aswell as treaties of a defensive nature related to the defence of the State;
3)on the renunciation of the use of force or threatening by force; as well aspeace treaties;
4)on the presence and status of the armed forces of the Republic of Lithuania onthe territories of foreign states;
5)on the participation of the Republic of Lithuania in universal internationalorganisations and regional international organisations;
6)multilateral or long-term economic treaties.
Laws,as well as international treaties, may also provide for other cases when theSeimas ratifies international treaties of the Republic of Lithuania.
Internationaltreaties ratified by the Seimas of the Republic of Lithuania shall be aconstituent part of the legal system of the Republic of Lithuania.
Article139
Thedefence of the State of Lithuania against a foreign armed attack shall be theright and duty of each citizen of the Republic of Lithuania.
Thecitizens of the Republic of Lithuania must perform military or alternativenational defence service according to the procedure established by law.
Theorganisation of national defence shall be established by law.
Article140
Themain issues of national defence shall be considered and co-ordinated by theState Defence Council, which consists of the President of the Republic, thePrime Minister, the Speaker of the Seimas, the Minister of National Defence,and the Commander of the Armed Forces. The State Defence Council shall beheaded by the President of the Republic. The procedure for its formation andactivities, as well as its powers, shall be established by law.
ThePresident of the Republic shall be the Commander-in-Chief of the Armed Forcesof the State.
TheGovernment, the Minister of National Defence, and the Commander of the ArmedForces shall be responsible to the Seimas for the administration and command ofthe armed forces of the State. The Minister of National Defence may not be aserviceman who is not yet retired to the reserve.
Article141
Personsperforming actual military service or alternative service, as well as the officersof the national defence system, the police, and the interior, non-commissionedofficers, re-enlistees, and other paid officials of paramilitary and securityservices who are not retired to the reserve, may not be Members of the Seimasor members of municipal councils. They may not hold any elective or appointiveoffice in the civil State Service, or participate in the activities ofpolitical parties or organisations.
Article142
TheSeimas shall impose martial law, announce mobilisation or demobilisation, or adoptthe decision to use the armed forces when the need arises to defend theHomeland or to fulfil the international obligations of the State of Lithuania.
Inthe event of an armed attack threatening the sovereignty of the State or itsterritorial integrity, the President of the Republic shall immediately adopt adecision on defence against the armed aggression, impose martial law throughoutthe State or in its separate part, or announce mobilisation, and submit thesedecisions for approval at the next sitting of the Seimas, or immediatelyconvene an extraordinary session in the period between sessions of the Seimas.The Seimas shall approve or overrule the decision of the President of theRepublic.
Article143
Ifa regular election must be held in time of war actions, either the Seimas orthe President of the Republic shall adopt the decision to extend the term ofpowers of the Seimas, the President of the Republic, or municipal councils. Insuch a case, elections must be called not later than three months after the endof the war.
Article144
Whena threat arises to the constitutional system or social peace in the State, theSeimas may declare a state of emergency throughout the territory of the Stateor in any part thereof. The period of the state of emergency shall not exceedsix months.
Incases of urgency, between sessions of the Seimas, the President of the Republicshall have the right to adopt a decision on the state of emergency and convenean extraordinary session of the Seimas for the consideration of this issue. TheSeimas shall approve or overrule the decision of the President of the Republic.
Thestate of emergency shall be regulated by law.
Article145
Uponthe imposition of martial law or the declaration of a state of emergency, therights and freedoms specified in Articles 22, 24, 25, 32, 35, and 36 of theConstitution may temporarily be limited.
Article146
TheState shall take care of and provide for servicemen who lose their healthduring military service, as well as for the families of servicemen who lose theirlives or die during military service.
TheState shall also provide for citizens who lose their health while defending theState, as well as for the families of citizens who lose their lives or die indefence of the State.
Article147
Amotion to alter or supplement the Constitution of the Republic of Lithuania maybe submitted to the Seimas by a group of not less than 1/4 of all the Membersof the Seimas or not less than by 300,000 voters.
Duringa state of emergency or martial law, the Constitution may not be amended.
Article148
Theprovision The State of Lithuania shall be an independent democratic republic ofArticle 1 of the Constitution may be altered only by referendum if not lessthan 3/4 of the citizens of Lithuania with the electoral right vote in favourthereof.
Theprovisions of the First Chapter The State of Lithuania and the FourteenthChapter The Alteration of the Constitution may be altered only by referendum.
Amendmentsto the Constitution concerning other chapters of the Constitution must be consideredand voted at the Seimas twice. There must be a break of not less than threemonths between the votes. A draft law on the alteration of the Constitutionshall be deemed adopted by the Seimas if, during each of the votes, not lessthan 2/3 of all the Members of the Seimas vote in favour thereof.
Afailed amendment to the Constitution may be submitted to the Seimas forreconsideration not earlier than after one year.
Article149
ThePresident of the Republic shall sign an adopted law on the alteration of theConstitution and officially promulgate it within five days.
Ifthe President of the Republic does not sign and promulgate such a law withinthe specified time, this law shall come into force when the Speaker of theSeimas signs and promulgates it.
Alaw on the alteration of the Constitution shall come into force not earlierthan one month after its adoption.
Article150
Theconstituent part of the Constitution of the Republic of Lithuania shall be:
TheConstitutional Law On the State of Lithuania of 11 February 1991;
TheConstitutional Act On the Non-Alignment of the Republic of Lithuania toPost-Soviet Eastern Unions of 8 June 1992;
TheLaw On the Procedure for the Entry into Force of the Constitution of theRepublic of Lithuania of 25 October 1992;
TheConstitutional Act On Membership of the Republic of Lithuania in the EuropeanUnion of 13 July 2004.
Amendmentsto the Article:
No.IX-2343, 13.07.2004, Valstybës þinios (Official Gazette), 2004, No. 111-4123 (17.07.2004)
Article151
ThisConstitution of the Republic of Lithuania shall come into force on the dayfollowing the official publication of the results of the Referendum providedthat more than half of the citizens of the Republic of Lithuania with theelectoral right give their consent to this Constitution in the Referendum.
Article152
Theprocedure for the entry into force of this Constitution and separate provisionsthereof shall be regulated by the Law of the Republic of Lithuania On theProcedure for the Entry into Force of the Constitution of the Republic ofLithuania, which, together with this Constitution of the Republic ofLithuania, shall be adopted by referendum.
Article153
Afterthe adoption of this Constitution of the Republic of Lithuania by referendum,the Seimas of the Republic of Lithuania, by 25 October 1993, may alter, by a3/5 majority vote of all the Members of the Seimas, the provisions of this Constitutionof the Republic of Lithuania contained in Articles 47, 55, 56, Item 2 of the secondparagraph of Article 58, in Articles 65, 68, 69, Items 11 and 12 of Article 84,the first paragraph of Article 87, in Articles 96, 103, 118, and in the fourth paragraphof Article 119.
Article154
TheConstitution of the Republic of Lithuania and the Law of the Republic ofLithuania On the Procedure for the Entry into Force of the Constitution of theRepublic of Lithuania, adopted by referendum, shall be signed and, within 15days, promulgated by the Chairman of the Supreme Council of the Republic ofLithuania.
CHAIRMANOF THE SUPREME COUNCIL OF THE REPUBLIC OF LITHUANIA
VYTAUTASLANDSBERGIS
Vilnius,6 November 1992
TheSupreme Council of the Republic of Lithuania,
takingaccount of the fact that, during the general poll (plebiscite) held on 9February 1991, more than three-quarters of the population of Lithuania with theactive electoral right voted by secret ballot that the State of Lithuania wouldbe an independent democratic republic,
emphasisingthat, by this expression of sovereign powers and will, the Nation of Lithuaniaonce again confirmed its unchanging stand on the independent State ofLithuania;
interpretingthe results of the plebiscite as the common determination to strengthen anddefend the independence of Lithuania and to create a democratic republic, and
executingthe will of the Nation of Lithuania,
adoptsand solemnly proclaims this Law.
Article1
Thestatement The State of Lithuania shall be an independent democratic republicis a constitutional norm of the Republic of Lithuania and a fundamentalprinciple of the State.
Article2
Theconstitutional norm and the fundamental principle of the State as formulated inthe first article of this Law may be altered only by a general poll(plebiscite) of the Nation of Lithuania provided that not less than three-quartersof the citizens of Lithuania with the active electoral right vote in favour thereof.
CHAIRMANOF THE SUPREME COUNCIL OF THE REPUBLIC OF LITHUANIA
VYTAUTASLANDSBERGIS
Vilnius,11 February 1991
No.I-1051
TheSupreme Council of the Republic of Lithuania,
invokingthe 16 February 1918 and 11 March 1990 Acts on the Restoration of theIndependent State of Lithuania and acting upon the will of the entire Nation,as expressed on 9 February 1991, and
witnessingthe attempts to preserve, in any form, the former Union of Soviet SocialistRepublics with all its conquered territories, and the intentions to drawLithuania into the defensive, economic, financial, and other spaces of thepost-Soviet Eastern bloc,
re s o l v e s:
1.To develop mutually advantageous relations with each state that was formerly acomponent of the USSR, but never join, in any form, any new political,military, economic, or other unions or commonwealths of states formed on thebasis of the former USSR.
2.Any activities seeking to draw the State of Lithuania into the unions orcommonwealths of states specified in the first article of this ConstitutionalAct shall be regarded as hostile to the independence of Lithuania, andliability for them shall be established by law.
3.There may be no military bases or army units of Russia, or the Commonwealth ofIndependent States or its constituent states, on the territory of the Republicof Lithuania.
CHAIRMANOF THE SUPREME COUNCIL OF THE REPUBLIC OF LITHUANIA
VYTAUTASLANDSBERGIS
Vilnius,8 June 1992
No.I-2622
Article1
Uponthe entry into force of the Constitution of the Republic of Lithuania, theProvisional Basic Law of the Republic of Lithuania shall become null and void.
Article2
Laws,as well as other legal acts or parts thereof, that were in force on the territoryof the Republic of Lithuania prior to the adoption of the Constitution of theRepublic of Lithuania shall be effective inasmuch as they are not in conflictwith the Constitution and this Law, and shall remain in force until they areeither declared null and void or brought in line with the provisions of theConstitution.
Article3
Theprovisions of the laws of the Republic of Lithuania that regulate the status ofthe supreme institutions of state power and governance of the Republic ofLithuania, as well as the status of deputies and municipal councils, shall bein force until the elected Seimas decides otherwise.
Article4
Thepowers of the Supreme Council of the Republic of Lithuania and its deputiesshall cease from the moment when the elected Seimas of the Republic ofLithuania convenes for its first sitting.
TheMembers of the Seimas of the Republic of Lithuania shall convene for thesitting on the third working day after the official announcement by the CentralElectoral Commission, following both election rounds, that not less than 3/5 ofall the Members of the Seimas have been elected.
Article5
Thefollowing text of the oath for a Member of the Seimas of the Republic ofLithuania shall be established:
I(full name),
swearto be faithful to the Republic of Lithuania;
swearto respect and uphold its Constitution and laws and to protect the integrity ofits lands;
swearto strengthen, to the best of my ability, the independence of Lithuania, and toconscientiously serve my Homeland, democracy, and the welfare of the people ofLithuania.
Sohelp me God.
Theoath may also be taken by omitting the last sentence.
Article6
Duringthe period when there is still no President of the Republic, the legalsituation shall be equivalent to the situation provided for in Article 89 ofthe Constitution of the Republic of Lithuania.
Whennecessary, the Seimas may, by a majority vote of more than half of all theMembers of the Seimas, extend the terms provided for in Article 89, but for nolonger than a four-month period.
Article7
Thejustices of the Constitutional Court of the Republic of Lithuania and, fromamong them, the President of the Constitutional Court must be appointed notlater than one month after the election of the President of the Republic.
Whenthe justices of the Constitutional Court are appointed for the first time,three of them shall be appointed for a three-, three for a six-, and three fora nine-year term.
ThePresident of the Republic, the Speaker of the Seimas, and the President of theSupreme Court, when proposing candidates to be appointed as justices of the ConstitutionalCourt, shall indicate who of them should be appointed for a three-, who for asix-, and who for a nine-year term.
Thejustices of the Constitutional Court who will be appointed for three- orsix-year terms may hold the same office for one more term of office after aninterval of not less than three years.
Article8
Theprovisions of the third paragraph of Article 20 of the Constitution of the Republicof Lithuania shall become applicable after the laws of the Republic ofLithuania on criminal procedure have been brought in line with thisConstitution.
CHAIRMANOF THE SUPREME COUNCIL OF THE REPUBLIC OF LITHUANIA
VYTAUTASLANDSBERGIS
Vilnius,6 November 1992
TheSeimas of the Republic of Lithuania,
executingthe will of the citizens of the Republic of Lithuania, as expressed in thereferendum on membership of the Republic of Lithuania in the European Union,held on 10-11 May 2003,
expressingits conviction that the European Union respects human rights and fundamentalfreedoms and that Lithuanian membership in the European Union will contributeto the more efficient securing of human rights and freedoms,
notingthat the European Union respects the national identity and constitutionaltraditions of its Member States,
seekingto ensure the fully fledged participation of the Republic of Lithuania in theEuropean integration, as well as the security of the Republic of Lithuania andwelfare of its citizens,
havingratified, on 16 September 2003, the Treaty Between the Kingdom of Belgium, theKingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, theKingdom of Spain, the French Republic, Ireland, the Italian Republic, the GrandDuchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria,the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden, theUnited Kingdom of Great Britain and Northern Ireland (Member States of theEuropean Union) and the Czech Republic, the Republic of Estonia, the Republicof Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic ofHungary, the Republic of Malta, the Republic of Poland, the Republic ofSlovenia, the Slovak Republic Concerning the Accession of the Czech Republic,the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, theRepublic of Lithuania, the Republic of Hungary, the Republic of Malta, theRepublic of Poland, the Republic of Slovenia, the Slovak Republic to theEuropean Union, signed on 16 April 2003 in Athens,
adoptsand proclaims this Constitutional Act:
1.The Republic of Lithuania as a Member State of the European Union shall sharewith or confer on the European Union the competences of its state institutionsin the areas provided for in the founding Treaties of the European Union and tothe extent it would, together with the other Member States of the EuropeanUnion, jointly meet its membership commitments in those areas, as well as enjoymembership rights.
2.The norms of European Union law shall be a constituent part of the legal systemof the Republic of Lithuania. Where it concerns the founding Treaties of theEuropean Union, the norms of European Union law shall be applied directly,while in the event of the collision of legal norms, they shall have supremacyover the laws and other legal acts of the Republic of Lithuania.
3.The Government shall inform the Seimas about the proposals to adopt the acts ofEuropean Union law. As regards the proposals to adopt the acts of EuropeanUnion law regulating the areas that, under the Constitution of the Republic ofLithuania, are related to the competences of the Seimas, the Government shallconsult the Seimas. The Seimas may recommend to the Government a position ofthe Republic of Lithuania in respect of these proposals. The Seimas Committeeon European Affairs and the Seimas Committee on Foreign Affairs may, accordingto the procedure established by the Statute of the Seimas, submit to theGovernment the opinion of the Seimas concerning the proposals to adopt the actsof European Union law. The Government shall assess the recommendations oropinions submitted by the Seimas or its Committees and shall inform the Seimasabout their execution following the procedure established by legal acts.
4.The Government shall consider the proposals to adopt the acts of European Unionlaw following the procedure established by legal acts. As regards theseproposals, the Government may adopt decisions or resolutions for the adoptionof which the provisions of Article 95 of the Constitution are not applicable.
TheLaw Supplementing the Constitution of the Republic of Lithuania with theConstitutional Act On Membership of the Republic of Lithuania in the EuropeanUnion and Supplementing Article 150 of the Constitution of the Republic ofLithuania (No. IX-2343) of 13 July 2004,
Valstybësþinios (Official Gazette), 2004, No. 111-4123