SEIMAS OF THE REPUBLIC OF LITHUANIA

SEIMAS OF THE REPUBLIC OF LITHUANIA SEIMAS OF THE REPUBLIC OF LITHUANIA Statute 5 October 1993 No.I-260 Vilnius Part 1 Status of the Seimas Member Chapter

1. The Powers and Oath of the Seimas Member Article
2. The main rights and duties of a member of the Seimas of the Republic of Lithuania shall be defined by the Constitution of the Republic of Lithuania and by this Statute, and other rights and duties of Seimas members shall also be established by other laws of the Republic of Lithuania. In carrying out their duties, Seimas members shall act in observance with the Constitution of the Republic of Lithuania, the interests of the State, and their own consciences, and may not be restricted by any mandates. Article 3-
3. The term of office of Seimas members shall commence from the day that the newly-elected Seimas convenes for the first sitting. The powers of the previously elected Seimas members shall expire upon commencement of said sitting. Elected Seimas members shall only acquire all of the rights of a representative of the nation upon taking an oath in the Seimas to be loyal to the Republic of Lithuania. Article 3-
4. The text of the oath of the Seimas member of the Republic of Lithuania shall read as follows: "I (full name) swear to be faithful to the Republic of Lithuania; swear to respect and observe its Constitution and laws, and to protect the integrity of its territory, swear to the best of my ability to strengthen the independence of Lithuania, and to conscientiously serve my Homeland, democracy, and the well-being of the people of Lithuania. So help me God! The oath may be taken omitting the last sentence. Article 3-
5. The oath of the Seimas member shall be administered by the Chairperson of the Constitutional Court of the Republic of Lithuania, or, in the absence of the chairperson or in the event that the chairperson is temporarily unable to discharge his or her duties, by the acting judge of the Constitutional Court. Each Seimas member shall take the oath while standing in front of the person who is administering the oath and reading the oath, holding his or her hand on the Constitution of the Republic of Lithuania. Upon reading the entire text of the oath, each Seimas member shall sign the nominal oath sheet. Nominal oath sheets shall be handed over to the officer of the Constitutional Court who administered the oath. Upon checking the nominal oath sheets, said officer shall read the list of those Seimas members who have acquired all of the rights of a representative of the nation. Article 3-
6. Seimas members who do not take the oath in the manner prescribed by law, or who take a conditional oath, shall lose the mandate of the Seimas member. The Seimas shall adopt a resolution thereon. The text of the oath may not be amended or changed with the exception of the omission of the last sentence. Seimas members who do not comply with this provision, who refuse to sign the nominal oath sheet, or who sign the sheet with a stipulation, shall not be considered to have taken the oath. In such cases, the Seimas member shall lose the mandate pursuant to Article 59 of the Constitution of the Republic of Lithuania. Seimas members whose powers were terminated pursuant to the Constitution and laws of the Republic of Lithuania and who have again become Seimas members must take the oath again. Article 3-
7. The duties of Seimas members, with the exception of their duties in the Seimas, shall be incompatible with any other duties or jobs in State institutions and organisations as well as in business, commercial and other private institutions and enterprises. For the term of office, Seimas members shall be exempt from the duty to perform national defence service. A Seimas member may be appointed only as Prime Minister or Minister. Article 3-
8. It shall be prohibited to utilize the mandate of a Seimas member for any other purpose, i.e. not in the interests of the nation, State or constituents. Activities of Seimas members which violate this provision must be investigated by the Commission of Ethics and Procedures or by a provisional commission of control established for this purpose, which must also prepare conclusions for the Seimas. Article 3-
9. Each Seimas member shall have a certificate and a Seimas member badge which shall be presented thereto after the oath. Seimas members may use their Seimas member certificates and badges during the period of their term of office. Samples of the Seimas member certificate and badge shall be approved by the Seimas Board. Article 3-
10. The powers of a Seimas member shall be terminated: 1) upon the expiration of the term of his or her powers, or when the Seimas elected in pre-term elections convenes for its first sitting; 2) upon his or her death; 3) upon his or her resignation; 4) if he or she is declared legally incapable by the court; 5) if the Seimas revokes his or her mandate in accordance with impeachment proceedings; 6) if the election is recognised as invalid, or if the law on election is grossly violated; 7) if he or she takes a job, or does not resign from a job which is incompatible with the duties of a Seimas member within 3 months; 8) if he or she is deprived of citizenship of the Republic of Lithuania. Chapter 1a. The Activities of Seimas Members Article
11. Members of the Seimas of the Republic of Lithuania shall have the right to: 1) vote on all issues considered at the sittings of the Seimas or the committee of which they are members; 2) elect and be elected to any institution of the Seimas according to the procedure established by this Statute; 3) participate in discussions concerning all issues under consideration, and express their opinion, vocally or in writing; 4) participate in the sittings of all committees and commissions of the Seimas as well as in the sittings of the Government without the right to vote; 5) submit the texts of their speeches to the chair of the sitting for inclusion into the shorthand record of the sitting; 6) propose the consideration of an issues; 7) prepare and submit for consideration adequately prepared drafts of laws and other legal acts as well as to propose motions relative to the laws which are to be debated in the Seimas; 8) submit inquiries to the members of the Government and the heads of other state institutions, and to submit questions to them and to the Seimas officers; 9) pose, during sittings of the Seimas, questions to reporters and supplementary reporters; 10) make statements and remarks, speak on voting motives, propose motions relative to the conduct of the sitting, the procedure, prejudicial questions, termination of discussions, and postponement or rejection of questions; 11) obtain, directly or through an assistant, copies of laws and bills, as well as copies of laws and other documents passed by the Seimas, the Seimas Speaker, the Board, or the meeting of Spokesmen. 12) obtain, directly or through an assistant, copies of resolutions, directives, decrees and other legal documents passed by local governments, the Government, or the President of the Republic. The procedure for the implementation of these and other rights shall be established by other Articles of this Statute. Article
12. Seimas members must participate in Seimas sittings during votings which were planned in advance. A voting which was announced at least two days prior to the day of the voting shall be considered to have been planned in advance. Each member of the Seimas, with the exception of the members of the Seimas Board and the Government, must be a member of a committee and must participate in the work thereof, and must also be an alternate member of another committee. The Speaker of the Seimas may not be a member or alternate member of a committee. A single Seimas member may be a member of only one committee. Article
13. While participating in sittings of the Seimas and the committees, Seimas members must adhere to this Statute. If a Seimas member cannot attend a sitting of the Seimas during which a voting has been planned for in advance, he or she must inform the secretariat of the sittings thereof, stating the reason for absence. If a Seimas member cannot attend a sitting of the committee or commission, he or she must inform the chairperson of the committee or commission, and in the chairperson's absence -- the deputy chairperson. During a session Seimas members must notify the chairperson (in the absence of the chairperson -- the deputy chairperson) of the committee of which they are members of all of their trips beyond the boundaries of the Republic of Lithuania, and during the sittings of the Seimas -- of their trips within the territory of the Republic of Lithuania. Upon returning from a business trip, a Seimas member must present a report to the Seimas Board or the committee on which he or she is a member concerning the fulfillment of assignments. Article
14. Seimas member must regularly hold meetings with their constituents. They shall have the right to invite officials of state institutions and local government bodies and deputies to participate in the meetings. Seimas members elected in single-candidate electoral districts must systematically, normally every Friday, meet with the constituents in their respective electoral district. A Seimas member shall consider proposals, appeals and complaints and, as necessary, shall refer them to appropriate state institutions for consideration. Article 8-
15. Officials to whom a Seimas member's appeal was addressed including proposals, appeals and complaints of citizens must consider said appeals within 20 days of the receipt thereof. Seimas members shall have the right to attend sittings of state and government institutions when issues submitted by them or any other issues that are of interest to them, with the exception of those which are considered to be top secret, are being considered. The procedure for participating in the decision of top secret issues shall be established by laws. Chapter 1b. Maintenance and Guarantees of the Activities of Seimas Members Article 8-
16. Local governments and their executive bodies, as well as heads of state enterprises, institutions and organisations, must provide Seimas members with conditions enabling them to meet with constituents, must notify them of the time and place of such meetings, and must provide them with other necessary assistance and information. Respective local governments must allot and maintain permanent premises for Seimas members to receive constituents. Article 8-
17. Seimas members shall have the right to demand to be received without delay at state enterprises, institutions and organisations concerning issues which pertain to their activities, as well as the right to be provided with necessary information. Seimas members shall have the right to unrestricted access of all enterprises, institutions and organisations. The visitation procedure for enterprises, institutions and organisations whose activities are associated with state secrets shall be established by laws. Article 8-
18. Seimas members shall have the right to make use of the state radio and television free of charge on issues which pertain to their activities. Article 8-
19. Compensation for the work of Seimas members, as well as expenses related with their parliamentary activities, shall be covered by the State Budget. The salary of Seimas members and the procedure for payment thereof shall be established by the Seimas. Resolutions of the Seimas concerning changes in the salaries of Seimas members shall become effective only from the day that the newly-elected Seimas convenes for the first sitting. Seimas members who at the same time hold office at the Seimas shall be paid supplemental salaries, the amount of which shall be established by the Seimas, for their work. Seimas members may not receive any other salary, with the exception of payment for creative activities. Payments made to Seimas members for creative activities shall include royalties for works of art and literature, as well as hourly salaries for educational, scientific and consultative work performed by Seimas members who have scientific degrees. Article 8-
20. Seimas members shall be entitled to have personal secretary-assistants or joint secretary-assistants with other members of their respective parliamentary groups, whose salaries shall be paid from the State Budget; they are also entitled to have assistants who work on a voluntary basis. Seimas members shall be allocated additional funds for the reimbursement of office, postal, telephone, telegraph, transportation, and other expenses incurred from parliamentary activities -- the amount and the procedure for payment thereof shall be established by the Seimas Board. Seimas members who do not have a place of residence in Vilnius or who have the right to state support for the acquisition of a place of residence in Vilnius, shall be provided, free of charge and together with their families, with a place of residence in Vilnius for the term of office. At the same time said members shall retain the right to utilize rented quarters in their permanent place of residence. Seimas members who have the right to state support for the acquisition of a place of residence shall retain this right and may remain on the list to acquire state support. Seimas members shall have the right to use all forms of state transportation within the territory of the Republic of Lithuania, with the exception of taxis, free of charge; they shall also have the right to acquire hotel rooms out of turn. Seimas members shall use diplomatic passports on trips abroad. Article 8-
21. Upon expiration of the term of office and in the cases specified in paragraphs 1 and 3 of Article 38 of this Statute, Seimas members must be provided with the job or office which they held in state institutions, enterprises and organisations prior to the elections, except to be elected to governmental institutions and be a member of the Government. If such is not possible due to the abolition of former office or the liquidation of the enterprise, institution, or organisation, the Seimas member shall be provided with another equivalent job or office in the same institution, enterprise, or organisation, or, if the Seimas members agrees, in another enterprise, institution, or organisation. The period of parliamentary activity of Seimas members shall be included in the total length of service. The election of Seimas members shall not interrupt membership in creative unions or in unions of free professions. Article 8-
22. Upon establishing that civil rights and laws have been violated, a Seimas member shall have the right to directly demand that the violation be corrected, or may address the appropriate institutions and officers. Violations shall be indicated in the minutes taken together with the representatives of law enforcement or control body. If the legitimate demands of a Seimas member are not carried out, a disciplinary punishment may, according to the procedure established by law, be imposed on the officer who is responsible; said officer may also be dismissed from his or her office. In cases established by laws, said officer shall incur criminal responsibility. Article 8-
23. Persons and officers who prevent a Seimas member from carrying out his or her powers, or who encroach upon the life health, honor, or dignity of a Seimas member as a representative of the people, shall be liable according to laws. Chapter 1d. Discipline and Immunity of Seimas Members Article
24. During sittings of the Seimas, the Commission of Ethics and Procedures shall register, in advance, the Seimas members who are not participating during planned voting or voting taking place at a planned time; said Commission shall regularly announce this data in the press. The salaries of such Seimas members may be decreased for a certain period of time according to the procedure established by the Seimas. Article
25. If during a sitting a Seimas member begins to argue with Seimas members or other participants in the sitting or creates a disturbance in the hall, he or she may be called to order by the officer presiding over the sitting. If said persons does not heed the warning of the officer presiding over the sitting, the warning may be recorded in the minutes of the sitting. Warnings recorded in the minutes of the sitting may be immediately administered to the Seimas member as a public threat to colleagues, as assault of a Seimas member or a group thereof, or as dishonesty in voting or violation of the principle of personal voting. Such warnings shall be administered by the officer presiding over the Seimas sitting or on the motion of the Commission of Ethics and Procedures without debate and by simple majority vote of the Seimas members participating in the sitting. A Seimas member to whom administration of such warning is proposed, shall have the right to explain his or her actions to the Seimas for a maximum of 3 minutes prior to the voting. Article
26. The Seimas may temporarily dismiss a Seimas member from the chamber if he or she: 1) continues, after being called to order, to interrupt the work of the Seimas; 2) during a sitting, calls for the use coercion or uses it personally; 3) publicly assaults or threatens the President of the Republic, the Seimas, the Speaker of the Seimas, Seimas members, the Government, or the Prime Minister during a sitting. Article
27. Decisions concerning the expulsion of a Seimas member from the chamber shall be adopted without debate on the proposal of the officer presiding over the sitting or of the Commission of Ethics and Procedures. The term of temporary expulsion from the chamber shall be established by the Seimas in each case, but may not be more than one day of a sitting. If the term is not indicated, it shall be assumed that the Seimas member is expelled until the end of the sitting. During the period of expulsion from the chamber, the expelled Seimas member may not participate in voting. Article
28. If a Seimas member upon who has been dismissed from the chamber refuses to heed the order, the sitting shall be temporarily interrupted and security officers shall escort said Seimas member to the chamber door. In such a case, the term of expulsion from the chamber may be extended for the period of five sittings. Article
29. The person of a Seimas member shall be inviolable. A Seimas member may not be found criminally responsible, may not be arrested, and may not be subjected to any other restrictions of personal freedom without the consent of the Seimas, except in cases when he or she is caught in the act of committing a crime (in flagranti). In such cases the Prosecutor General must immediately notify the Seimas thereof. A Seimas member may not be persecuted for his or her voting or speeches in the Seimas. However, legal actions may be instituted against Seimas members according to the general procedure if they are guilty of personal insult or slander. Article 146-
30. A Seimas member who refuses to give evidence in a criminal case, shall, on the decision of the Seimas, be brought to court to give evidence. Article
31. For the consideration of motions of the Prosecutor General concerning the deprivation of the inviolability of the person of a Seimas member, an investigatory commission shall be formed according to the procedure provided for in Article 63 of this Statute. When investigating issues concerning the deprivation of the inviolability of the person of a Seimas member, the commission must hear said Seimas member or other Seimas member authorised thereby and a representative from the Prosecutor's Office. Article
32. After the investigatory commission has prepared and announced its certificate (reference) and the draft resolution, issues concerning the deprivation of the inviolability of the person of a Seimas member shall be included on the agenda of the next Seimas sitting. Consideration of this issue, as well as of the submitted resolution, shall be limited only to the interpretation, assessment or definition of facts provided for in the motion. Discussions concerning draft resolutions shall be attended by the reporter of the commission, the concerned Seimas member or another Seimas member representing him, and no more than two Seimas members who speak out "in favour" and two members who speak out "against" the draft resolution. If the draft resolution provides for the satisfaction of the motion of the Prosecutor General, it may be adopted if more than half of the Seimas members vote in favour of the draft. Upon the receipt of the consent of the Seimas to institute criminal proceedings against a Seimas member, said Seimas member may not be arrested within the house of the Seimas. Ceslovas Jursenas Speaker of the Seimas of the Republic of Lithuania