Constitution of Lithuania
Encyclopedia
The Constitution of the Republic of Lithuania defines the legal foundation for all law
s passed in the Republic of Lithuania. It was approved in a referendum
on October 25, 1992.
, consisting of the Grand Duchy of Lithuania
and the Kingdom of Poland
. However, it was short-lived and was never completely implemented. The Third Partitions of Poland
took place in 1795 and the commonwealth ceased to exist when Lithuania became part of the Russian Empire
.
After World War I
, Lithuania declared independence on February 16, 1918. Three separate draft constitutions were presented on November 2, 1918, April 4, 1919 and June 10, 1920. The Constituent Assembly
(Steigiamasis Seimas) did not adopt a constitution until August 1, 1922. It resembled modern Western European constitutions. In 1928 and 1938 new constitutions were adopted to reflect the authoritarian leadership of Antanas Smetona
. In 1940 and 1978, new constitutions of Lithuanian SSR
were adopted, similar to the other Soviet constitutions.
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On the day that Lithuania declared independence on March 11, 1990, its parliament
adopted a provisional constitution, called the "provisional basic law," which established a framework for the new state's government. The constitution comprehensively listed guarantees of democratic rights and rules of democratic process, but basic elements of the Soviet-style government were maintained. Thus, legislative and executive functions were combined under the leadership of parliament, and the court system was kept totally dependent on legislative definitions and appointments. The legislature's name--Supreme Council
--also was maintained. Its presidium
became the foremost leadership body, and the chairman of the presidium became the chief of parliament
, of state, and, in effect, of the executive. The provisional basic law, too, was made relatively easy to change.
Despite its revisions, the Soviet model quickly proved that it was not suitable for a new, substantively democratic system of government. It took two years of conflict and frustration, however, before contending parties agreed to a compromise between a parliamentary system of legislative superiority with a figurehead President
and a presidential system in which the legislature would be coequal with the President.
on October 25, 1992. Seventy-five percent of those voting favored the document. Thus, it was adopted by a solid majority, although the percentage of voters participating in the referendum was smaller (57 percent) than had been the case in most elections until then.
, and Germany
as integrated into Lithuanian tradition
. It also incorporates guarantees of a social safety network inherited from the Soviet Union
.
In its introductory provisions, the document not only places a high value on democracy but also asserts the right of defense against attempts by force to encroach upon or overthrow "state independence, territorial integrity
, or the constitutional system" (Article 3). It also disallows division of Lithuanian territory into any "statelike structures"--a reference to territorial autonomy
as a solution to ethnic minority problems in the country. Furthermore, the status of Lithuania as an "independent democratic republic" can be changed only by a referendum and only if three-fourths of Lithuanian citizens approve it. Similarly, the first seventeen articles (which define the characteristics of the state, citizenship
, state language, and symbols) and Articles 147, 148, and 149 (which determine the methods for constitutional changes or amendments) can be altered only by a referendum. Article 150 of the constitution forbids Lithuania from joining post-Soviet structures as is Commonwealth of Independent States
. Finally, the constitution incorporates the declaration of independence
of March 11, 1990.
s and democratic value
s, including freedom of "thought, faith, and conscience," are enshrined in the constitution, which also guarantees the status of legal person to religious denominations and allows religious teaching in public schools. In addition to personal, political, and religious rights, the constitution secures social rights. As already noted, these include free medical care, old-age pensions, unemployment compensation, and support for families and children.
branches, with an independent judiciary
acting as interpreter of the constitution and of the branches' jurisdictions, as well as arbiter of conflicts between them. The constitution clearly acknowledges the danger of concentration of power in a single person or institution. The legislature has regained its old name, Seimas
, which was used in the interwar years. The executive consists of a President and a Prime Minister
with a cabinet
, known as the Council of Ministers. The judiciary is composed of the Supreme Court
and subordinate courts (the Court of Appeals
, district court
s, and local courts). The Constitutional Court of the Republic of Lithuania
, which decides on the constitutionality of acts of the Seimas, the President, and the Government
, is considered separate from the judiciary. The Office of the Procurator
General is an autono-mous institution of the judiciary. Creation of special courts, such as administrative or family courts, is allowed, although establishing courts with "special powers" is forbidden in peacetime.
The parliament
of Lithuania is a unicameral legislature
called the Seimas
. The Seimas consists of 141 members, seventy elected from party lists on the basis of proportional representation and seventy-one from single-member districts. To be seated in the Seimas on the basis of proportional representation, a party must receive at least 4 percent of the votes cast. An exception is made for ethnic minority groups, however, which do not need to pass the 4 percent threshold. The legislature is elected for four years. Candidates for the legislature must be at least twenty-five years old. Members of the Seimas may serve as Prime Minister or Cabinet member, but they may not hold any other position in either central or local government or in private enterprises or organizations. The parliament must approve the prime minister, as well as his or her government and program. It also may force the government's resignation by rejecting twice in sequence its program or by expressing no confidence by a majority of legislators in secret ballot.
The powers of the legislature are checked by a number of devices: first, by certain constitutional limitations; second, by the president as defined under the constitution; and third, by the Constitutional Court. Articles 64, 131, and 132 of the constitution circumscribe the ability of the Seimas to control the Government, especially the budget. Article 64 specifies the times of parliamentary sessions. Although extension is possible, ordinarily the legislature cannot sit longer than seven months and three days, divided into two sessions. The budget submitted by the Government can be increased by the legislature only if the latter indicates the sources of financing for additional expenditures. If the budget
is not approved before the start of the budget year, proposed expenditures cannot be higher than those of the previous year. Finally, the legislature is not entrusted with making decisions concerning the basic characteristics of Lithuanian statehood and democracy. These are left to the citizens by means of referendum. Similarly, the initiative for making laws is not limited to the legislature but also belongs to the citizens, who can force the legislature to consider a law by submitting a petition with 50,000 signatures.
legislation, both ordinary and constitutional, passed by the legislature. Normally, laws are not promulgated without the signature of the President. A presidential veto can be overridden, but only by an absolute majority of the Seimas' membership. The President can also dissolve the Parliament if it refuses to approve the government's budget within sixty days or if it directly votes no confidence in the government. However, the next elected Parliament may retaliate by calling for an earlier presidential election.
The President is elected directly by the people for a term of five years and a maximum of two consecutive terms. The president is not, strictly speaking, the chief of the executive branch or the chief administrator. The Lithuanians borrowed the French model of the presidency, then adapted it to their needs. Candidates must be at least forty years old. To be elected in the first round, 50 percent of the voters must participate and a candidate must receive more than half of the total votes cast. If 50 percent of the voters do not participate, a plurality wins the presidency unless it constitutes less than one-third of the total vote. If the first round does not produce a president, a second round is held within two weeks between the two top candidates. A plurality vote is sufficient to win.
The President is the head of state. The President also selects the Prime Minister (with the approval of the Seimas), approves ministerial candidates, and appoints the commander in chief of the armed forces—with legislative confirmation. The President resolves basic foreign policy issues and can confer military and diplomatic ranks, appoint diplomats without legislative approval, and issue decrees subject to the legislature's right to later overturn a decree by legislative action.
Finally, the President has considerable powers to influence the judicial branch. The President has the right to nominate (and the Seimas to approve the nomination of) three justices to the Constitutional Court and all justices to the Supreme Court. The president also appoints, with legislative approval, judges of the Court of Appeals. However, legislative confirmation is not required for the appointment or transfer of judges in local, district, and special courts.
checks both the legislative and the executive branches of government by ruling on whether their legislation and/or actions are constitutional. The court consists of nine justices appointed by the legislature, three each from the nominees of the president, the parliamentary chairman, and the chief justice of the Supreme Court. The president nominates the chief justice of the Constitutional Court. Cases for consideration by the Constitutional Court, however, may be brought only by one-fifth of the membership of the Seimas, the ordinary courts, or the president of the republic.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
s passed in the Republic of Lithuania. It was approved in a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
on October 25, 1992.
History
Lithuania's first constitution was adopted on May 3, 1791 in an effort to reform the Polish-Lithuanian CommonwealthPolish-Lithuanian Commonwealth
The Polish–Lithuanian Commonwealth was a dualistic state of Poland and Lithuania ruled by a common monarch. It was the largest and one of the most populous countries of 16th- and 17th‑century Europe with some and a multi-ethnic population of 11 million at its peak in the early 17th century...
, consisting of the Grand Duchy of Lithuania
Grand Duchy of Lithuania
The Grand Duchy of Lithuania was a European state from the 12th /13th century until 1569 and then as a constituent part of Polish-Lithuanian Commonwealth until 1791 when Constitution of May 3, 1791 abolished it in favor of unitary state. It was founded by the Lithuanians, one of the polytheistic...
and the Kingdom of Poland
Kingdom of Poland (1385–1569)
The Kingdom of Poland of the Jagiellons was the Polish state created by the accession of Jogaila , Grand Duke of Lithuania, to the Polish throne in 1386. The Union of Krewo or Krėva Act, united Poland and Lithuania under the rule of a single monarch...
. However, it was short-lived and was never completely implemented. The Third Partitions of Poland
Partitions of Poland
The Partitions of Poland or Partitions of the Polish–Lithuanian Commonwealth took place in the second half of the 18th century and ended the existence of the Polish–Lithuanian Commonwealth, resulting in the elimination of sovereign Poland for 123 years...
took place in 1795 and the commonwealth ceased to exist when Lithuania became part of the Russian Empire
Russian Empire
The Russian Empire was a state that existed from 1721 until the Russian Revolution of 1917. It was the successor to the Tsardom of Russia and the predecessor of the Soviet Union...
.
After World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
, Lithuania declared independence on February 16, 1918. Three separate draft constitutions were presented on November 2, 1918, April 4, 1919 and June 10, 1920. The Constituent Assembly
Constituent assembly
A constituent assembly is a body composed for the purpose of drafting or adopting a constitution...
(Steigiamasis Seimas) did not adopt a constitution until August 1, 1922. It resembled modern Western European constitutions. In 1928 and 1938 new constitutions were adopted to reflect the authoritarian leadership of Antanas Smetona
Antanas Smetona
Antanas Smetona was one of the most important Lithuanian political figures between World War I and World War II. He served as the first President of Lithuania from April 4, 1919 to June 19, 1920. He again served as the last President of the country from December 19, 1926 to June 15, 1940, before...
. In 1940 and 1978, new constitutions of Lithuanian SSR
Lithuanian SSR
The Lithuanian Soviet Socialist Republic , also known as the Lithuanian SSR, was one of the republics that made up the former Soviet Union...
were adopted, similar to the other Soviet constitutions.
Onset
Seimas
The Seimas is the unicameral Lithuanian parliament. It has 141 members that are elected for a four-year term. About half of the members of this legislative body are elected in individual constituencies , and the other half are elected by nationwide vote according to proportional representation...
adopted a provisional constitution, called the "provisional basic law," which established a framework for the new state's government. The constitution comprehensively listed guarantees of democratic rights and rules of democratic process, but basic elements of the Soviet-style government were maintained. Thus, legislative and executive functions were combined under the leadership of parliament, and the court system was kept totally dependent on legislative definitions and appointments. The legislature's name--Supreme Council
Supreme Soviet of the Lithuanian SSR
The Supreme Soviet of the Lithuanian SSR was the supreme soviet of the Lithuanian SSR, one of the republics comprising the Soviet Union. The Supreme Soviet was established in August 1940 when the People's Seimas declared itself the provisional Supreme Soviet...
--also was maintained. Its presidium
Presidium
The presidium or praesidium is the name for the heading organ of various legislative and organizational bodies.-Historical usage:...
became the foremost leadership body, and the chairman of the presidium became the chief of parliament
Speaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...
, of state, and, in effect, of the executive. The provisional basic law, too, was made relatively easy to change.
Despite its revisions, the Soviet model quickly proved that it was not suitable for a new, substantively democratic system of government. It took two years of conflict and frustration, however, before contending parties agreed to a compromise between a parliamentary system of legislative superiority with a figurehead President
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...
and a presidential system in which the legislature would be coequal with the President.
Adoption
The constitution was approved by the voters in a referendumReferendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
on October 25, 1992. Seventy-five percent of those voting favored the document. Thus, it was adopted by a solid majority, although the percentage of voters participating in the referendum was smaller (57 percent) than had been the case in most elections until then.
Contents
The Constitution of 1992 reflects the institutions and experiences of the United States, FranceFrance
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, and Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
as integrated into Lithuanian tradition
Law of Lithuania
Lithuanian law is a part of the legal system of Lithuania. It belongs to the civil law legal system, as opposed to the common law legal system.The legal system of Lithuania is based on epitomes of the French and German systems...
. It also incorporates guarantees of a social safety network inherited from the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
.
Territorial integrity
Territorial integrity is the principle under international law that nation-states should not attempt to promote secessionist movements or to promote border changes in other nation-states...
, or the constitutional system" (Article 3). It also disallows division of Lithuanian territory into any "statelike structures"--a reference to territorial autonomy
Autonomy
Autonomy is a concept found in moral, political and bioethical philosophy. Within these contexts, it is the capacity of a rational individual to make an informed, un-coerced decision...
as a solution to ethnic minority problems in the country. Furthermore, the status of Lithuania as an "independent democratic republic" can be changed only by a referendum and only if three-fourths of Lithuanian citizens approve it. Similarly, the first seventeen articles (which define the characteristics of the state, citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
, state language, and symbols) and Articles 147, 148, and 149 (which determine the methods for constitutional changes or amendments) can be altered only by a referendum. Article 150 of the constitution forbids Lithuania from joining post-Soviet structures as is Commonwealth of Independent States
Commonwealth of Independent States
The Commonwealth of Independent States is a regional organization whose participating countries are former Soviet Republics, formed during the breakup of the Soviet Union....
. Finally, the constitution incorporates the declaration of independence
Declaration of independence
A declaration of independence is an assertion of the independence of an aspiring state or states. Such places are usually declared from part or all of the territory of another nation or failed nation, or are breakaway territories from within the larger state...
of March 11, 1990.
Human rights
Fundamental human rightHuman rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
s and democratic value
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
s, including freedom of "thought, faith, and conscience," are enshrined in the constitution, which also guarantees the status of legal person to religious denominations and allows religious teaching in public schools. In addition to personal, political, and religious rights, the constitution secures social rights. As already noted, these include free medical care, old-age pensions, unemployment compensation, and support for families and children.
Government
The power to govern is divided between the legislative and executiveExecutive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
branches, with an independent judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
acting as interpreter of the constitution and of the branches' jurisdictions, as well as arbiter of conflicts between them. The constitution clearly acknowledges the danger of concentration of power in a single person or institution. The legislature has regained its old name, Seimas
Seimas
The Seimas is the unicameral Lithuanian parliament. It has 141 members that are elected for a four-year term. About half of the members of this legislative body are elected in individual constituencies , and the other half are elected by nationwide vote according to proportional representation...
, which was used in the interwar years. The executive consists of a President and a Prime Minister
Prime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
with a cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
, known as the Council of Ministers. The judiciary is composed of the Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
and subordinate courts (the Court of Appeals
Court of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...
, district court
District court
District courts are a category of courts which exists in several nations. These include:-Australia:District Court is the name given to the intermediate court in most Australian States. They hear indictable criminal offences excluding treason, murder and, in some States, manslaughter...
s, and local courts). The Constitutional Court of the Republic of Lithuania
Constitutional Court of the Republic of Lithuania
The Constitutional Court of the Republic of Lithuania is a special court established by the Constitution of the Republic of Lithuania of 1992; it began the activities after the adoption of the Law on Constitutional Court of the Republic of Lithuania on February 3, 1993...
, which decides on the constitutionality of acts of the Seimas, the President, and the Government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
, is considered separate from the judiciary. The Office of the Procurator
Public procurator
A public procurator is an officer of a state charged with both the investigation and prosecution of crime. The office is a feature of a civil law inquisitorial rather than common law adversarial system of law and is usually found in current or former communist states...
General is an autono-mous institution of the judiciary. Creation of special courts, such as administrative or family courts, is allowed, although establishing courts with "special powers" is forbidden in peacetime.
Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of Lithuania is a unicameral legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
called the Seimas
Seimas
The Seimas is the unicameral Lithuanian parliament. It has 141 members that are elected for a four-year term. About half of the members of this legislative body are elected in individual constituencies , and the other half are elected by nationwide vote according to proportional representation...
. The Seimas consists of 141 members, seventy elected from party lists on the basis of proportional representation and seventy-one from single-member districts. To be seated in the Seimas on the basis of proportional representation, a party must receive at least 4 percent of the votes cast. An exception is made for ethnic minority groups, however, which do not need to pass the 4 percent threshold. The legislature is elected for four years. Candidates for the legislature must be at least twenty-five years old. Members of the Seimas may serve as Prime Minister or Cabinet member, but they may not hold any other position in either central or local government or in private enterprises or organizations. The parliament must approve the prime minister, as well as his or her government and program. It also may force the government's resignation by rejecting twice in sequence its program or by expressing no confidence by a majority of legislators in secret ballot.
The powers of the legislature are checked by a number of devices: first, by certain constitutional limitations; second, by the president as defined under the constitution; and third, by the Constitutional Court. Articles 64, 131, and 132 of the constitution circumscribe the ability of the Seimas to control the Government, especially the budget. Article 64 specifies the times of parliamentary sessions. Although extension is possible, ordinarily the legislature cannot sit longer than seven months and three days, divided into two sessions. The budget submitted by the Government can be increased by the legislature only if the latter indicates the sources of financing for additional expenditures. If the budget
Budget
A budget is a financial plan and a list of all planned expenses and revenues. It is a plan for saving, borrowing and spending. A budget is an important concept in microeconomics, which uses a budget line to illustrate the trade-offs between two or more goods...
is not approved before the start of the budget year, proposed expenditures cannot be higher than those of the previous year. Finally, the legislature is not entrusted with making decisions concerning the basic characteristics of Lithuanian statehood and democracy. These are left to the citizens by means of referendum. Similarly, the initiative for making laws is not limited to the legislature but also belongs to the citizens, who can force the legislature to consider a law by submitting a petition with 50,000 signatures.
President
The powers of the legislature are further checked by those of the President, who may vetoVeto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
legislation, both ordinary and constitutional, passed by the legislature. Normally, laws are not promulgated without the signature of the President. A presidential veto can be overridden, but only by an absolute majority of the Seimas' membership. The President can also dissolve the Parliament if it refuses to approve the government's budget within sixty days or if it directly votes no confidence in the government. However, the next elected Parliament may retaliate by calling for an earlier presidential election.
The President is elected directly by the people for a term of five years and a maximum of two consecutive terms. The president is not, strictly speaking, the chief of the executive branch or the chief administrator. The Lithuanians borrowed the French model of the presidency, then adapted it to their needs. Candidates must be at least forty years old. To be elected in the first round, 50 percent of the voters must participate and a candidate must receive more than half of the total votes cast. If 50 percent of the voters do not participate, a plurality wins the presidency unless it constitutes less than one-third of the total vote. If the first round does not produce a president, a second round is held within two weeks between the two top candidates. A plurality vote is sufficient to win.
The President is the head of state. The President also selects the Prime Minister (with the approval of the Seimas), approves ministerial candidates, and appoints the commander in chief of the armed forces—with legislative confirmation. The President resolves basic foreign policy issues and can confer military and diplomatic ranks, appoint diplomats without legislative approval, and issue decrees subject to the legislature's right to later overturn a decree by legislative action.
Finally, the President has considerable powers to influence the judicial branch. The President has the right to nominate (and the Seimas to approve the nomination of) three justices to the Constitutional Court and all justices to the Supreme Court. The president also appoints, with legislative approval, judges of the Court of Appeals. However, legislative confirmation is not required for the appointment or transfer of judges in local, district, and special courts.
Constitutional Court
The Constitutional CourtConstitutional Court of the Republic of Lithuania
The Constitutional Court of the Republic of Lithuania is a special court established by the Constitution of the Republic of Lithuania of 1992; it began the activities after the adoption of the Law on Constitutional Court of the Republic of Lithuania on February 3, 1993...
checks both the legislative and the executive branches of government by ruling on whether their legislation and/or actions are constitutional. The court consists of nine justices appointed by the legislature, three each from the nominees of the president, the parliamentary chairman, and the chief justice of the Supreme Court. The president nominates the chief justice of the Constitutional Court. Cases for consideration by the Constitutional Court, however, may be brought only by one-fifth of the membership of the Seimas, the ordinary courts, or the president of the republic.
External links
- The Constitution of the Republic of Lithuania - from the website of the Constitutional Court of the Republic of Lithuania
- Links to Lithuanian law and government sites