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SEIMAS OF THE REPUBLIC OF LITHUANIA

SEIMAS OF THE REPUBLIC OF LITHUANIA SEIMAS OF THE REPUBLIC OF LITHUANIA STATUTE 5 October 1993 No. I-259 Vilnius PART 6 ELECTION, APPOINTMENT, AND APPROVAL OF OFFICERS Chapter

  1. The Procedure for Electing Members of the Seimas Board Article
  2. Members of the Seimas Board shall be elected at the first session of the Seimas from among the Seimas members for the entire period during which the Seimas is in office. Upon the resignation, demise, or dismissal by the Seimas of any member of the Seimas Board from office, or upon the election or appointment of a member to another office, elections for a new Board member to fill the post shall be held during the next sitting of the Seimas in accordance with the procedure provided for in this Statute. Article
  3. The Seimas Speaker shall be elected by secret ballot at the first sitting of the Seimas following elections. Candidates to the office of Seimas Speaker may be nominated by parliamentary groups of the Seimas by written application; during the first Seimas session following elections, when parliamentary groups have yet to be registered, said candidates may be nominated by groups consisting of at least 1/15 of the Seimas members. Article
  4. Candidates to the offices of deputy of the Seimas Speaker and the Seimas Chancellor shall be nominated by the Seimas Speaker. Said officers shall be elected by secret ballot. Article
  5. After being nominated to a post, candidates must, prior to the elections, state whether or not they agree to run for election. Each candidate, in alphabetical order, shall be granted the floor for 15 minutes; candidates to the office of Seimas Speaker shall be entitled to 30 minutes; the same amount of time shall be allotted to said persons to answer questions. Thereafter, if the Seimas members so desire, a debate shall commence. Article
  6. Voting for each candidate shall be done separately. If more candidates than necessary are nominated for election to one office, voting shall be done by ballot with a list of candidates. Article
  7. Voting results shall be valid if more than half of the Seimas members present at the sitting vote for the candidate, with the exception of repeat voting as provided for in this Chapter when the candidate who has received a relative majority of votes shall be deemed elected; however, in this case, at least half of all of the members of the Seimas must be present at the sitting. In the event that no candidate receives the required majority of votes, or if it is impossible to determine which of the candidates have been elected due to a tie, a repeat vote shall be held. Article
  8. In voting for an empty post when there are more than two candidates, all of the candidates, with the exception of those who received the lowest number of votes, shall remain on the ballot for repeat balloting. If several candidates have tied for the lowest number of votes and two or more candidates received more votes, the candidates with the lowest number of votes shall be removed from the next ballot. Otherwise, all of the candidates shall remain on the next ballot. If the situation remains unchanged after the repeat vote, the election shall be postponed to another day. If two candidates receive the required number of votes, the provisions of Par. 2 hereof shall apply. If there are two candidates for an empty office during a repeat vote, the Seimas member who received more votes shall be deemed to have been elected. In the event of a tie, a repeat vote shall be held the next day; if no candidate is elected during the repeat vote, a new election shall be held. Article
  9. When elections to several unfilled offices are held simultaneously and the number of candidates exceeds the number of offices, the names of all of the candidates who were nominated but not elected shall be entered on the ballots for repeat voting. After the repeat vote, the candidates who received the most votes shall be deemed to have been elected. When necessary, balloting shall be repeated another day. Chapter
  10. Consideration of the Prime Minister's Candidature and the Government Programme Article
  11. In the cases provided for in the Constitution, the Seimas shall, upon receiving a nomination for the candidature of the Prime Minister from the President of the Republic, give the President of the Republic an opportunity to present the candidate during the next sitting. Upon presenting the candidature of the Prime Minister, the President of the Republic shall not be asked any questions. After the President of the Republic has presented the candidature of the Prime Minister, the candidate shall be granted the floor (for up to 30 minutes); thereafter the candidate shall answer questions put to him by the members of the Seimas (for up to 40 minutes). Thereafter, the candidature of the Prime Minister shall be referred to parliamentary groups of the Seimas for consideration. Parliamentary groups shall have the right to invite the candidate to their sittings and question him or her at a time coordinated with the candidate. Parliamentary groups must consider the candidature of the Prime Minister within 2 work days. Article
  12. Another sitting of the Seimas must be organised within 5 work days from the presentation of the candidature of the Prime Minister in order to adopt a decision concerning the proposed candidacy. During this sitting, the conclusions of parliamentary groups shall be heard first. Thereafter, a discussion shall be held during the end of which the candidate shall be granted the floor (for up to 20 minutes), and shall also be given the opportunity to answer questions presented by members of the Seimas (for up to 30 minutes). Once the candidate finishes answering questions, a vote shall be taken on whether or not the candidature of the Prime Minister should be approved. The President of the Republic has the right to revoke the nominated candidature at any time up until the beginning of the vote for approval. Article
  13. Upon obtaining approval from the Seimas, the Prime Minister shall, within 15 days of being appointed, present a Government formed by him or her and approved by the President of the Republic to the Seimas and submit the Government programme for consideration. Members of the newly-formed Government shall have the right to be present at the presentation. The Government programme must be distributed among the Seimas members at least 24 hours prior to the sitting. When explaining the programme, the Prime Minister may speak for up to 40 minutes. A total of one hour shall be allotted for answering questions. Questions may be presented to the Prime Minister and any of the ministers. Article
  14. After being presented, the Government programme shall be considered by the Seimas parliamentary groups, while appropriate Seimas Committees shall consider the individual sections thereof. Committees and parliamentary groups shall have the right to invite the Prime Minister or other minister, at a time coordinated therewith, to answer questions concerning the Government programme. Seimas Committees and parliamentary groups must prepare their conclusions concerning the Government programme within 10 days after it is presented. Article
  15. The Seimas must consider the Government programme during a sitting within 15 days after it is presented. Conclusions of the Committees and parliamentary groups shall be heard at the sitting first. Thereafter, a debate shall be held at the termination whereof the Prime Minister shall be granted the floor (for up to 20 minutes); the Prime Minister and ministers shall also be given the opportunity to answer questions presented by the Seimas members one more time (for a total period of up to one hour). The debate concerning the Government programme may be terminated by majority vote of more than half of the voting members of the Seimas. Such a proposal shall be put to vote without discussion provided that at least one other member of the Seimas expresses support therefor. When the question and answer session has been completed, the Seimas must adopt a decision concerning the Government programme. In the event that the Government programme is not approved or is returned to the Government for improvement thereof, a revised version of the Government programme must be presented to the Seimas within 10 days, and the procedure for discussion thereof shall be repeated in the manner established in Articles 164, 165, and
  16. Article
  17. The new Government shall be granted authorisation to act after the Seimas approves its programme by majority vote of the Seimas members present at the sitting. In the event that the Seimas refuses to approve the programme of the newly-formed Government twice consecutively, the Government must resign. Article
  18. When more than a half of the ministers are changed, the Government must be granted authorisation by the Seimas again. Otherwise the Government must resign. If more than half of the ministers have been replaced, the Prime Minister must, within 7 days of the appointment of the last new minister, present the newly appointed ministers, as well as the amendments to the Government programme if amendments have been made, during a sitting of the Seimas in order to be granted new authorisation; in the event that said changes were made between sessions, the Prime Minister must make said presentations during the first 7 days of the next Seimas session. During the presentation the Seimas members may pose questions to the Prime Minister and the newly appointed ministers (for a total of 30 minutes). In the event that amendments to the Government programme are presented, discussion shall be continued according to the procedure established in Articles 165 and 166 of this Statute. Otherwise, a discussion shall be held immediately after the presentation, whereafter the Seimas may take a vote concerning the granting of authorisation or may decide to refer the issue to the Committees and parliamentary groups for consideration, but for no longer than 7 days. In the latter case a discussion shall be held after the conclusions of the Committees and parliamentary groups have been presented, and a vote concerning the granting of authorisation shall be taken upon hearing an additional speech by the Prime Minister (not exceeding 15 minutes). Chapter
  19. Consideration of Candidatures of other State Officers, Constitutional Court Judges, and Supreme Court Judges and their Appointment Article
  20. The Seimas shall appoint the judges of the Constitutional Court and the Supreme Court as well as the chairpersons of these Courts and shall also appoint officers of the State and appoint or form collegiate institutions (in corpore) which are provided for in the Constitution and laws of the Republic of Lithuania. The persons who shall nominate candidates to the above offices shall be established by the Constitution and other appropriate laws. The Seimas shall also decide whether or not to approve of the candidatures of the judges and officers appointed by the President of the Republic if this is provided for in the Constitution and laws of the Republic of Lithuania. Article
  21. Candidates to offices whereto officers are appointed by the Seimas or offices for the appointment whereto approval of the Seimas is required shall be presented at Seimas sittings by the person who nominated said candidate or proposed the composition of a collegiate institution (in corpore). A maximum of 10 minutes shall be allotted for the presentation of individual candidates, whereas a maximum of 20 minutes shall be allotted for the presentation of members of a collegiate institution. The biographical data of the candidates must be distributed to the Seimas members prior to the presentation. Information concerning candidatures of Constitutional Court and Supreme Court judges must be published in national newspapers at least two weeks before their presentation in the Seimas. The candidates, including cases when collegiate institutions (in corpore) are being formed, must attend the Seimas sitting at which they are presented. After being presented, candidates to Constitutional Court and Supreme Court judges as well as candidates to heads of State institutions shall be granted the floor (for a maximum of 10 minutes). All candidates must, without exception, answer questions put to them by members of the Seimas: up to 15 minutes shall be allotted to each candidate to the Constitutional Court and the Supreme Court judge as well as to every other individual candidate, and up to 30 minutes shall be allotted to all of the candidates to a collegiate institution. Article
  22. After being presented, candidatures shall be considered by the Seimas parliamentary groups and appropriate Committees, as well as by the Commission on Ethics and Procedures. Parliamentary groups, Committees, and the Commission on Ethics and Procedures shall have the right to invite candidates, at a time coordinated with them, to attend their respective sittings in order to pose questions to them. Parliamentary groups, Committees, and the Commission on Ethics and Procedures must present their conclusions concerning candidatures to the Seimas within 7 days from the presentation of the candidature. Article
  23. The suggested candidatures must be considered in a sitting of the Seimas within 10 days from their presentation. This sitting must be attended by the person who presented the candidatures as well as the candidates, including candidates to collegiate institutions (in corpore). The conclusions of parliamentary groups, Committees, and the Commission on Ethics and Procedures shall be heard first. Thereafter a discussion shall be held, during the end whereof members of the Seimas shall be given the opportunity to pose questions to the candidates and the person who presented the candidatures (up to 20 minutes shall be allotted to individual candidates and up to 30 minutes shall be allotted to collegiate institutions). Furthermore, candidates to the Constitutional Court and the Supreme Court judges, and heads of State institutions shall be granted the floor (for a maximum of 10 minutes) prior to being questioned. Thereafter the Seimas shall take a vote concerning the appointment of judges to the Constitutional Court and the Supreme Court and of other officers, the appointment or formation of a collegiate institution (in corpore), or the approval of a candidature appointed by the president of the Republic. Article
  24. Prior to beginning their work, judges of the Constitutional and Supreme Courts shall take an oath in the Seimas to be loyal to the Republic of Lithuania and the Constitution thereof, and to administer justice only in accordance with the laws. Other newly-appointed officers shall publicly take an oath during a sitting of the Seimas if it is so provided in the laws regulating the activities of their respective State institution. Article
  25. If an officer of the State or a court judge is dismissed, resigns, or for some other reason cannot continue to carry out his or her duties, another person must, during a session of the Seimas, be appointed or approved to said post within one month of the beginning of the vacancy or the beginning of the session. Speaker of the Seimas of the Republic of Lithuania Ceslovas Jursenas

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