govern Official translation THE REPUBLIC OF LITHUANIA LAW ON THE GOVERNMENT 19 May 1994 No I-464 Vilnius Revised version adopted on 28 April 1998 No VIII-717 (As amended by 12 May 2005 No X-198) CHAPTER ONE GENERAL PROVISIONS Article
- Composition of the Government of the Republic of Lithuania The Government of the Republic of Lithuania (hereinafter referred to as “the Government”) shall consist of the Prime Minister and ministers. Article
- Powers of the Government
- The Government shall exercise executive power in Lithuania.
- The powers of the Government shall be defined by the Constitution and laws of the Republic of Lithuania. Article
- Legal Basis of the Activities of the Government The Government shall act in compliance with the Constitution of the Republic of Lithuania, international agreements, laws, the Programme of the Government, other legislative acts of the Republic of Lithuania, and shall co-ordinate its activities with the Long-Term Development Strategy of the State. Article
- Basic Principles of the Activities of the Government The Government shall ground its activities on the principles of collegiality, democracy, lawfulness and openness. Article
- Responsibility and Accountability of the Government
- The Government shall be jointly and severally responsible to the Seimas for the general activities of the Government. The Government shall at least once a year present to the Seimas its annual report on activities.
- At the request of the Seimas the Government or individual ministers shall, in the manner prescribed by the Seimas Statute, account to the Seimas for their activities.
- The ministers, in directing the spheres of administration entrusted to them, shall be accountable to the Seimas, the President of the Republic, and shall be directly subordinate to the Prime Minister.
- The ministers shall, in the manner prescribed by the Government, inform the public about their activities in the web page of an appropriate ministry and if possible – in other media or at meetings with people. Chapter two FORMATION OF THE GOVERNMENT Article
- Procedure of the Formation of the Government and the Programme of the Government
- The Prime Minister shall, with the approval of the Seimas, be appointed and dismissed by the President of the Republic.
- The Prime Minister shall, within 15 days of his appointment, present to the Seimas the Government which he himself has formed and which has been approved by the President of the Republic, and shall submit its programme for consideration. In the event that this programme is not approved by the motivated resolution of the Seimas, the Prime Minister shall present a new programme for consideration within 15 days from the date on the disapproval. The ministries and other state institutions must furnish to the appointed ministers the material which is necessary for the preparation of a programme of the Government, and contribute to the preparation of the said programme.
- The Government shall be empowered to act after the Seimas approves its programme by a majority vote of the Seimas members participating at the sitting.
- When the Seimas approves the programme of the Government, the Government must within 3 months prepare and approve specific measures for the implementation of the said programme. Article
- Swearing-in of the Prime Minister and Ministers
- When assuming office, the Prime Minister and ministers shall swear an oath. The text of the oath shall read as follows: 1) "I (name, surname), swear to be faithful to the Republic of Lithuania; swear to respect and observe its Constitution and laws, to protect the integrity of its territories; swear to the best of my ability to strengthen the independence of Lithuania, conscientiously serve my Homeland, democracy, and the well-being of the people of Lithuania. So help me God!" or 2) "I (name, surname), swear to be faithful to the Republic of Lithuania; swear to respect and observe its Constitution and laws, to protect the integrity of its territories; swear to the best of my ability to strengthen the independence of Lithuania, conscientiously serve my Homeland, democracy, and the well-being of the people of Lithuania."
- Repealed.
- The Prime Minister and ministers shall swear an oath at the Seimas sitting. The President of the Republic shall be invited to attend this sitting. The oath shall be administered by the Seimas Chairman or, in his absence, by the Deputy Seimas Chairman acting for the Seimas Chairman.
- The Prime Minister and each minister shall swear an oath while standing in front of the Seimas Chairman or Deputy Seimas Chairman and reading the oath while holding his hand on the Constitution of the Republic of Lithuania. After having sworn an oath, the Prime Minister or the minister shall sign the nominal oath sheet.
- The set text of the oath shall not be amended and changed. Non-compliance with this provision, refusal to swear an oath or to sign a nominal oath sheet, or signing the sheet with a stipulation shall mean that the Prime Minister or a minister has not sworn the oath and may not hold his office.
- Nominal oath sheets shall be handed over to the Seimas Chairman and shall be kept in the Seimas Office. Chapter three RETURN OF THE POWERS OF THE GOVERNMENT AND ITS RESIGNATION Article
- Return of the Powers of the Government
- The Government shall return its powers after election of the President of the Republic.
- After the Seimas elections the Government shall return its powers to the President of the Republic on the day the newly-elected Seimas convenes its first sitting.
- After the presidential elections the Government shall return its powers to the President of the Republic on the day he assumes his official duties.
- When more than half of the ministers are changed, the Seimas must newly empower the Government.
- The powers of the Government shall be considered to have been returned when the Prime Minister or a member of the Government deputising for the Prime Minister hands in a written application to the President of the Republic.
- The President of the Republic shall accept the powers returned by the Government and charge it to perform its duties until the Government is newly empowered by the Seimas or until a new Government is formed. If the Government does not return its powers in writing, the President of the Republic shall have the right to charge by a decree the Government to perform its duties and to appoint a member of the Government to deputise for the Prime Minister until a new Government is formed or until the Government is newly empowered by the Seimas.
- When the Government returns the powers on the grounds specified in paragraph 1 of this Article, the President of the Republic shall within 15 days submit to the Seimas for consideration the candidature of the Prime Minister of the Government which has returned its powers. When the Seimas approves of the candidature of the Prime Minister and the President of the Republic appoints the Prime Minister, if not more than half of the ministers who worked before the return of the powers have changed in the Government the composition whereof was submitted by the Prime Minister and approved by the President of the Republic, the Government shall be newly empowered to act in accordance with the programme previously approved by the Seimas. If the Seimas does not approve of the candidature of the Prime Minister, the Government must resign. Article
- Resignation of the Government The Government must resign in the following cases: 1) when the Seimas disapproves two times in succession of the programme of the newly formed Government; 2) when the majority of all the Members of the Seimas by secret ballot passes a motion of no confidence in the Government or in the Prime Minister; 3) when the Prime Minister resigns or dies; 4) after the Seimas elections, when a new Government is formed; 5) when more than half of the ministers are replaced or after the presidential elections the Prime Minister does not get repeat approval of the Seimas.
- After announcing a written notification about the resignation of the Government at a Government sitting, the Prime Minister shall submit it to the President of the Republic.
- If the Prime Minister dies, the President of the Republic shall be notified of the resignation of the Government by a minister deputising for the Prime Minister; in the event there is no deputising minister – by the eldest minister. A notification of the resignation of the Government must be announced at a Government sitting.
- If necessary an extraordinary sitting of the Government shall be convened for the announcement of a notification of the resignation of the Government.
- The President of the Republic must be notified of the resignation of the Government on the day when one of the circumstances referred to in paragraph 1 of this Article occurs.
- The Government may resign upon the proposal of the Prime Minister by adopting a resolution which the Prime Minister shall submit to the President of the Republic on the same day.
- The President of the Republic shall accept resignation of the Government. The Government shall be considered to have resigned from the day of the entry into force of the decree of the President of the Republic. When necessary the President of the Republic shall charge it to continue performing its duties. He may charge one of the ministers to act for the Prime Minister until a new Government is formed. Article
- Appointment, Dismissal and Resignation of a Minister
- On the nomination by the Prime Minister the President of the Republic shall appoint and dismiss individual ministers. When deputising for the President of the Republic the Seimas Chairman may not appoint or dismiss ministers without the Seimas consent.
- The minister shall have the right to resign. The minister shall notify the Prime Minister in writing of his resignation. The Prime Minister shall within 5 working days present such resignation of the minister to the President of the Republic. Until the presentation of the resignation to the President of the Republic, the minister shall, on the proposal of the Prime Minister, have the right to revoke his resignation.
- The minister must resign when more than half of all the Seimas members express, voting in secret ballot, a lack of confidence in him. The minister shall notify the Prime Minister of this fact in writing on the same or the next day, and the Prime Minister shall present the resignation of the minister to the President of the Republic on the same day or if this is not possible - not later than on the next day. If the minister does not fulfil this requirement, he shall be relieved of his post by a decree of the President of the Republic.
- The President of the Republic shall accept the resignation of the minister. The minister shall be considered to have resigned from the day of the entry into force of the decree of the President of the Republic. The President of the Republic may charge the minister to continue in office until a new minister is appointed on the nomination of the Prime Minister. Article
- Submitting an Interpellation to the Prime Minister or a Minister or Submitting a Draft Resolution concerning Non-Confidence in the Government
- During a session of the Seimas, a group of at least 1/5 of the Seimas members may submit an interpellation to the Prime Minister or a minister, as well as, submit a draft resolution concerning non-confidence in the Government.
- Upon considering the reply of the Prime Minister or the minister to the interpellation, or the reply of the Government to the draft resolution concerning non-confidence, the Seimas may decide that the reply is not satisfactory and by a majority vote of more than half of all the Seimas members express non-confidence in the Prime Minister or the minister, or the Government; said voting shall be done by secret ballot.
- Upon the declaration of non-confidence in the Prime Minister or the minister, or the Government, they must resign on the same day.
- When the Seimas declares non-confidence in the Prime Minister, the Government shall resign in corpore. In this case, the President of the Republic shall charge another Government member to carry out the functions of the Prime Minister until a new Government is formed. When the Seimas declares non-confidence in a minister, the President of the Republic shall charge another minister to carry out the said functions until a new minister is appointed and sworn in. In this case, the Prime Minister shall not later than within 15 days present to the President of the Republic a new candidate for minister. Chapter four GUARANTEES OF THE GOVERNMENT MEMBERS Article
- Guarantees for Inviolability of the Prime Minister and Ministers The Prime Minister and ministers may not be held criminally liable or arrested, and may not be subjected to any restrictions of personal freedom without the preliminary consent of the Seimas, or, if the Seimas is not in session - without the preliminary consent of the President of the Republic. Article
- Social Guarantees of the Government Members
- The amount of remuneration of work of the Government members shall be fixed by the Law of the Republic of Lithuania on Salaries of State politicians, Judges and State Officials.
- The Office of the Prime Minister shall pay salaries to the members of the Government. The members of the Government shall be insured with state social insurance in accidence with the procedure established by the Law on State Social Insurance.
- By the resolution of the Government the fund of the Prime Minister may be set up to finance expenses pertaining to the representation of the Government in the country and abroad; each month the sum in the amount of three most recently published average monthly earnings in the national economy shall be allocated to the said fund without exceeding general funds for the representational purposes provided for the Office of the Prime Minister in the State Budget of the Republic of Lithuania. The Government shall establish a procedure for using the said funds.
- By the Government resolution funds of individual ministers may be set up without exceeding general funds for the representational purposes allotted to the appropriate Ministry. The Government shall establish a procedure for using the said funds.
- The Prime Minister may have a residence which is maintained from the funds provided for the Office of the Prime Minister in the State Budget.
- Upon expiration of the term of office of a Government member in the case referred to in subparagraph 4 of paragraph 1 of Article 9 of this Law, he shall be paid the compensation equal to two average monthly salaries of the Government member, and upon expiration of the term of office of a Government member in the cases referred to in subparagraphs 1, 2, 3 and 5 of paragraph 1 of Article 9 of this Law - to one average monthly salary.
- The compensations provided for in paragraph 6 of this Article shall not be paid to the Government members when they are appointed Prime Minister or ministers in a newly-formed Government, as well as when they are elected Seimas members.
- Funds for the social guarantees specified in this Article shall be appropriated from the State budget.
- The Government members shall not be entitled to social guarantees which are not laid down in legislative acts. Article
- Prohibition for the Prime Minister and Ministers to Hold Elective or Appointive Office and to Engage in any other Labour Activities The Prime Minister and ministers may not hold any other elective and appointive office (except a possibility for the Seimas members to hold the post of the Prime Minister or a minister), may not be employed in business, commercial and other private agencies or enterprises, and may not receive any remuneration other than the salary established for their respective Government offices and payments for creative activities. Payments for creative activities shall comprise royalties for works which are considered to be the subject matter of copyright under the Law on Copyright and Related Rights, for scientific and pedagogical work in institutions of higher education or training centres of public servants, as well as for nonformal adult education. Chapter five SPECIAL RELATIONS OF THE GOVERNMENT WITH THE SEIMAS AND THE PRESIDENT OF THE REPUBLIC Article
- The Right of the Government to Present a Proposal for Early Elections to the Seimas The Government shall have the right to present to the President of the Republic a proposal to announce early elections to the Seimas, if the Seimas expresses direct non-confidence in the Government. Article
- The Right of the Government to Announce Presidential Elections
- If in the cases specified in paragraph 1 of Article 89 of the Constitution of the Republic of Lithuania the Seimas cannot within 10 days convene and announce presidential elections, the said elections shall be announced by the Government by passing a resolution.
- The Central Electoral Committee shall be instructed to implement the said Government resolution. Article
- Participation of the Prime Minister and Ministers in the Work of the Seimas In the manner established by the Seimas Statute, the Prime Minister and ministers shall be entitled to attend sittings of the Seimas, its Committees, Commissions and parliamentary groups, and to convey their opinion on the issues under consideration. Article
- Procedure for Replying by the Government Members to Inquiries of the Seimas Members
- The Prime Minister or the minister to whom an inquiry about the activities of the Government, Ministries or other Government institutions is addressed by a Seimas member during a Seimas session, must reply orally or in writing in the procedure established by the Seimas Statute.
- At a Seimas session the Prime Minister and ministers shall, in a manner prescribed by the Seimas Statute, answer the questions posed by Seimas members.
- On the invitation of the Seimas Committee, Commission or parliamentary group, ministers or a public servant authorised by a minister must, in a manner prescribed by the Seimas Statute, attend a sitting of the Committee, Commission or parliamentary group, and provide explanations on the issues under consideration. Article
- Countersign Decrees of the President of the Republic The Prime Minister or an appropriate minister shall within 3 days sign the decrees of the President of the Republic concerning the issues specified in Article 85 of the Constitution of the Republic of Lithuania. Responsibility for such decree shall lie with the Prime Minister or the minister who signed it. Article
- The Right of Legislative Initiative of the Government
- The Government shall have the right of legislative initiative in the Seimas.
- The Government shall enact a resolution pertaining to draft laws or draft Seimas resolutions which are submitted to the Seimas. When debating the said drafts in the Seimas, the Government shall be represented by the Prime Minister, the minister authorised by the Government, or the Vice-Minister authorised by the Government, if the minister is unable to represent the Government in the Seimas. Article
- Voting on Confidence in the Government The Government shall be entitled to submit a proposal to the Seimas regarding the voting on confidence in the Government. Chapter six COMPETENCE OF THE GOVERNMENT Article
- Basic Powers of the Government The Government shall: 1) safeguard the constitutional order and inviolability of the territory of the Republic of Lithuania, administer national affairs, ensure State security and public order; 2) enforce laws and resolutions of the Seimas on the implementation of the laws and long-term programmes, the decrees of the President, implement a programme of the Government approved by the Seimas, confirm programmes and conceptions of legislative acts pertaining to the implementation of the said programme; 3) co-ordinate the activities of the Ministries and other institutions of the Government; consider and approve strategic action plans of the Ministries, institutions of the Government, prepare a long-term development strategy of the State and submit it to the Seimas for approval; 4) prepare a draft law on the approval of financial indices of the State budget and municipal budgets; organise the implementation of the State budget, submit to the Seimas a financial statement on the implementation of the State budget; submit to the Seimas draft laws on the approval of budget indices of the State Social Insurance Fund and the Compulsory Health Insurance Fund, as well as reports on the implementation of the State Social Insurance Fund budget and the Compulsory Health Insurance Fund; 5) dispose of the State property on the grounds of laws, establish a procedure of the management and use thereof; 6) draft laws and other legislative acts and submit them to the Seimas for consideration; 7) submit proposals to the Seimas to establish and abolish ministries; 8) establish, reorganise and abolish Government institutions, and establish institutions under the Ministries, charge the Ministries to perform all or part of the functions of founders of institutions under the Ministries. The Government may charge an appropriate Ministry to perform a part of the functions of the founder of a Government institution; 9) approve regulations of ministries, Government institutions, institutions under the ministries, as well as regulations for the activities of the representative of the Government. The Government may charge an appropriate minister to approve the regulations of institutions under the ministries; 10) together with the President of the Republic carry out foreign policy; found diplomatic relations and maintain relations with foreign countries and international organisations; taking into account recommendations of the Seimas Committee on Foreign Affairs, submit proposals to the President of the Republic to appoint or recall diplomatic representatives of the Republic of Lithuania in foreign states and at international organisations; 11) in a manner prescribed by law, organise governing in upper administrative units; 12) propose to the Seimas to establish the direct governing on the territory of a municipality in the cases provided by law; 13) have the right to appeal to the Constitutional Court with a request to investigate the conformity of laws of the Republic of Lithuania and other legislative acts passed by the Seimas with the Constitution of the Republic of Lithuania; 14) appoint and dismiss county governors, their deputies and representatives of the Government who exercise administrative supervision of the activities of local authorities; impose disciplinary sanctions on them; 15) set up commissions and committees; and 16) discharge other duties prescribed to the Government by the Constitution of the Republic of Lithuania, this and other laws. Article
- Relations of the Government with Local Authorities The Government shall: 1) exercise control of appointed representatives of the Government how they discharge the powers conferred on them by law, supervising whether local authorities observe the Constitution and laws of the Republic of Lithuania and implement the resolutions and decisions of the Government; and 2) submit recommendations to local authorities concerning the issues of the development of social security, health, education and culture, as well as other issues. Chapter seven COMPETENCE OF THE PRIME MINISTER AND MINISTERS Article
- The Prime Minister
- The Prime Minister shall represent the Government and direct its activities.
- The Prime Minister shall: 1) form the Government and submit to the President of the Republic its composition for approval; 2) submit proposals to the President of the Republic on the appointment and dismissal of individual ministers; 3) in the manner prescribed by the Law on Public Service appoint and dismiss civil servants of political (personal) confidence of the Prime Minister, the Permanent Secretary of the Government, heads of the institutions of the Government (departments, services, agencies, inspectorates carrying out control and accounting functions); 5) give incentives to the county governors, representatives of the Government, heads of Government institutions and other civil servants and officials appointed by the Prime Minister; 6) in the cases laid down in the Constitution of the Republic of Lithuania, submit to the President of the Republic proposals to charge one of the ministers to deputise for the Prime Minister; 7) submit a programme of the Government to the Seimas for consideration; 8) submit proposals to the Government regarding the appointment and dismissal of county governors, their deputies; 9) convene Government sittings and preside over them (chair them), approve the agenda of a Government sitting; 10) give authority to negotiate and sign international agreements of the Republic of Lithuania; 11) form government delegations for official visits to other countries, as well as for the participation in international congresses, conferences, sessions; 12) give authority to represent the Government in the Constitutional Court and other courts; 13) solve issues pertaining to the organisation of Government activities; 14) perform other duties prescribed to the Prime Minister by the Constitution of the Republic of Lithuania, this and other laws.
- If the Prime Minister does not approve of the provisions of the minister’s activities in the Government, he shall have the right to submit to the President of the Republic a proposal concerning dismissal of the said minister. Article
- Powers of the Minister who Acts or Deputises for the Prime Minister
- The minister who acts for the Prime Minister shall be entitled to the same powers as the Prime Minister.
- The minister who deputises for the Prime Minister shall be entitled to the same powers as the Prime Minister, with the exception of the powers provided for in paragraphs 2 and 6 of Article 9 and subparagraphs 1-5 and 10 of paragraph 2 of Article 24 of this Law.
- The minister who acts or deputises for the Prime Minister shall indicate in documents his own duties and make an entry "Acting Prime Minister" or “Deputising Prime Minister”. Article
- The Ministers
- The ministers shall be responsible for the spheres of administration entrusted to them.
- Only another member of the Government, appointed by the Prime Minister, may temporarily act for a certain minister. The acting minister shall not discharge the functions referred to in subparagraphs 8, 11, and 12 of paragraph 3 of this Article.
- The minister shall: 1) head the respective Ministry, settle the matters which fall within the jurisdiction of the Ministry, and be directly responsible for the implementation of the programme of the Government on the matters assigned to the jurisdiction of the Ministry; 2) ensure the enforcement of laws, international agreements of the Republic of Lithuania, decrees of the President of the Republic, resolutions of the Government, ordinances of the Prime Minister and other legislative acts; 3) submit to the Government drafts of laws and other legislative acts in the manner prescribed by the Government rules of procedure; 4) ensure the enforcement of instructions of the Government and the Prime Minister; 5) issue orders and other legislative acts confirmed by the orders, exercise control over the enforcement thereof. Orders and other legislative acts issued by the minister shall be registered in the manner prescribed by the Government rules of procedure. The minister shall sign orders and other legislative acts. When necessary, several ministers may issue joint orders or other legislative acts confirmed by the order; 6) submit to the Government annual reports on the activities of the Ministry, how the programme of the Government, measures of its implementation and strategic action plans of the Ministry are carried out, and account for his activities at the request of the Prime Minister; 7) submit to the Government draft regulations of institutions under the Ministry. When charged by the Government, approve regulations of institutions under the Ministry; 8) approve the structure of the Ministry administration and the roll of staff, without exceeding the funds appropriated for salaries; 9) approve the regulations of the units of the Ministry administration; 10) co-ordinate and control activities of the units of the Ministry, as well as co-ordinate and control through the heads of institutions under the Ministry the activities of these institutions; 11) in the manner prescribed by the Law on Public Service appoint and dismiss public servants of the Ministry, heads of the institutions under the Ministry; 12) establish spheres of administration of the state secretary, undersecretaries of the Ministry; 13) discharge other functions prescribed to him by laws and Government resolutions.
- The minister who has a separate opinion concerning the decisions of the Government or the work of its individual members, should express it at a Government sitting. Article
- Government Commissions
- When necessary, the Government may set up standing and ad hoc commissions.
- The work of the commission shall be directed by the Government member or other person appointed by the Government.
- The Government shall establish tasks, functions, powers, procedure of activities, and financing of the commissions. Funds for the financing of standing commissions must be provided for in the State Budget; funds for contingencies may be allocated from the Government reserve fund. Article
- Working Groups Formed by the Prime Minister
- The Prime Minister may form working groups for the consideration of issues and drafting of proposals.
- A working group shall be headed by the person appointed by the Prime Minister.
- The concrete purposes and tasks of a working group shall be laid down by the Prime Minister.
- When necessary, the Government shall resolve an issue of the allocation of funds for the activities of a working group. CHAPTER EIGHT THE MINISTRIES, INSTITUTIONS OF THE GOVERNMENT AND ADMINISTRATIONS OF COUNTY GOVERNORS Article
- The Ministries
- In the Republic of Lithuania the Ministries shall be as follows: 1) Ministry of Environment; 2) Ministry of Finance; 3) Ministry of National Defence; 4) Ministry of Culture; 5) Ministry of Social Security and Labour; 6) Ministry of Transport and Communications; 7) Ministry of Health; 8) Ministry of Education and Science; 9) Ministry of Justice; 10) Ministry of Economy; 11) Ministry of Foreign Affairs; 12) Ministry of the Interior; and 13) Ministry of Agriculture.
- Upon the proposal of the Government the Ministries shall be established and abolished by the Seimas by passing a law.
- The Ministry shall discharge the functions of State administration of the sphere assigned to it by laws and other legislative acts, and shall implement public policy in this sphere.
- The Ministry shall be headed by the minister.
- The Ministry shall be a legal person which has a bank account and a seal with the State Emblem and its own name.
- The Ministry shall act in compliance with the Constitution, laws of the Republic of Lithuania, international agreements of the Republic of Lithuania, Government resolutions, other legislative acts.
- The Ministry shall be an institution financed from the State Budget.
- The Government shall approve the regulations of the Ministry.
- The Ministry shall have its own administration. The administration shall be headed by the State Secretary of the Ministry.
- Activities of the Ministry shall be organised pursuant to strategic action plans approved by the Government and publicly announced, which are prepared in compliance with the programme of the Government to which the Seimas assents, and which are co-ordinated with the Long-Term Development Strategy of the State.
- Activities of the Ministry shall be organised pursuant to strategic action plans approved by the Government and publicly announced, which define the main tasks of the Ministry and the ways of their implementation. Strategic action plans of the Ministry shall be prepared for the periods of one year, three years, five years and ten years, taking into account a long-term strategic action plan of the Government. When the Seimas assents to the programme of a new Government, the Ministries shall within three months submit to the Government for approval their prepared or revised strategic action plans. If a new Ministry is established, it shall, within three months of the establishment, submit its long-term strategic action plan to the Government for approval. Article
- Institutions under the Ministry
- Departments, services and inspectorates performing the functions of control or accounting may be established by the Government under the Ministry.
- The Ministries shall consist of departments, divisions and other units. Article
- Civil Servants of Political (Personal) Confidence of the Minister
- Civil servants of political (personal) confidence of the minister – the vice-minister, adviser(-s) to the minister, minister’s spokesman for the press and other civil servants of political (personal) confidence of the minister – shall assist the minister in laying down political provisions and priorities, making decisions and implementing them.
- The vice-minister shall: 1) exercise control whether legislative acts and draft programmes prepared by the Ministry are in conformity with political provisions of the minister in the sphere of administration assigned to him; 2) co-ordinate activities of the civil servants of political (personal) confidence of the minister; 3) upon the instructions of the minister represent the minister when presenting and discussing political provisions and decisions of the minister to the public, in the Seimas committees, Government sittings; 4) participate in the co-ordination of drafts of legislative acts and programmes prepared by the Ministry with the interested institutions; 5) perform other functions assigned to him by the minister. Article
- State Secretary and Undersecretaries of the Ministry
- The state secretary of the Ministry shall be a career civil servant subordinate to the minister. The state secretary of the Ministry of Foreign Affairs may be a diplomat.
- The state secretary of the Ministry shall: 1) co-ordinate and control activities of administrative units of the Ministry, ensure optimal management and use of financial, material, intellectual and information resources when implementing strategic action plans; 2) exercise control over administrative economic activities of the Ministry; 3) organise and control the preparation and implementation of strategic action plans of the Ministry; 4) co-ordinate the enforcement of instructions of the Prime Minister and the Government, ensure the compatibility of decisions prepared by the Ministry in pursuance of strategic action plans of the Ministry and implementation measures of the programme of the Government; 5) co-ordinate and control the preparation and harmonisation of drafts of legislative acts and programmes; 6) organise the preparation of regulations of the administration of the Ministry, regulations of the divisions of the Ministry, list of positions of public servants, job descriptions and draft orders of the minister; 7) upon the instructions of the minister and pursuant to the Law on Public Service appoint and dismiss public servants of the administration of the Ministry; 8) discharge other functions assigned to him by the minister.
- The state secretary of the Ministry shall, within the limits of his competence, issue ordinances. The state secretary of the Ministry shall keep the seal of the Ministry and shall be responsible for its use.
- The undersecretaries of the Ministry shall be career civil servants directly subordinate to the state secretary of the Ministry and responsible to the minister. The undersecretaries of the Ministry of Foreign Affairs may be diplomats.
- In the spheres of administration established by the minister the undersecretaries of the Ministry shall: 1) organise and control the preparation and implementation of the programmes which are in compliance with the strategic purposes of the Ministry and the provisions of the programme of the Government; 2) organise the preparation and co-ordination of legislative acts conforming to the strategic purposes of the Ministry and the provisions of the programme of the Government; 3) organise and control the enforcement of the instructions of the Prime Minister and the Government, the minister and the state secretary of the Ministry; 4) within the limits of their competence ensure the implementation of passed legislative acts; 5) shall discharge other functions assigned to them by the minister. Article
- Colleges of the Ministries
- The college shall be founded in the Ministry which shall be an advisory body to the minister. The minister (chairman of the college), vice-minister, state secretary and under-secretaries of the Ministry shall be the members of the college. Other representatives of the Ministry and other institutions may be included in the college.
- The minister shall fix the number of members of the college, and approve the composition and rules of procedure of the college. He shall also submit issues to the college for consideration. Article
- Institutions of the Government
- For the solution of issues not assigned to the functions of the Ministries the Government may, without exceeding the funds allocated for State administration in the appropriate year’s budget, found institutions of the Government (departments, services, agencies, inspectorates and other institutions performing the functions of control or accounting).
- The tasks, functions and rights of the Government institution shall be established in its regulations.
- The institution of the Government shall be headed by the director general (the director, the chief). The head of the institution of the Government shall be subordinate to the Prime Minister.
- The head of the institution of Government shall resolve issues assigned to the sphere of competence of the institution, as well as discharge other functions prescribed by laws and Government resolutions. The head of the institution of the Government shall be personally responsible that the institution would fulfil tasks assigned to it.
- The head of the institution of the Government may have a deputy (deputies) whom he appoints and dismisses from the office held.
- The head of the institution of the Government shall issue orders and other legislative acts approved by the order, and supervise the implementation thereof.
- Activities of the institution of the Government shall be organised following the publicly announced strategic actions plans approved by the Government, which are prepared in compliance with the programme of the Government to which the Seimas assents, and which are co-ordinated with the Long-Term Development Strategy of the State. Article
- Co-ordination of Activities of Institutions of the Government and the Ministries, Control Exercised over Legislative acts Adopted by such Institutions The Government shall co-ordinate the activities of the Ministries through the ministers. The Government shall have the right to repeal legislative acts of the ministers, institutions of the Government and institutions under the Ministries, if the said acts are not in compliance with the Constitution of the Republic of Lithuania, laws, international agreements of the Republic of Lithuania, other legislative acts passed by the Seimas, decrees of the President of the Republic, resolutions of the Government or ordinances of the Prime Minister. Article
- Organisation of the Governing of Counties and Administrative Supervision of the Activities of Local Authorities
- The Government shall organise the governing of the county - upper administrative unit of the territory of the Republic of Lithuania - through the county governor, Ministries and institutions of the Government.
- Upon the recommendation of the Government, the Seimas shall set or alter the limits and centre of the county, give or change the name of the county.
- Representatives appointed by the Government shall supervise whether local authorities comply with the Constitution and laws of the Republic of Lithuania, whether they enforce Government resolutions.
- The Government shall approve the model composition of the county governor’s administration and its model regulations.
- The powers of the county governor and the representative of the Government shall be established by law. Chapter nine ORGANISATION OF THE ACTIVITIES OF THE GOVERNMENT Article
- Rules of Procedure of the Government Working arrangements of the Government shall be established by the rules of procedure approved by the Government. Article
- Sittings and Meetings of the Government
- The Government shall resolve the issues of State administration at its sittings by adopting resolutions by a majority vote of all Government members.
- Government sittings may be attended by the persons whose right to participate in such sittings is provided for by the Constitution and other laws of the Republic of Lithuania.
- Other persons may also be invited to Government sittings.
- The principal issues may, prior to Government sittings, be discussed at Government meetings, in the standing and ad hoc committees of the Government. Reports presented by the Government may also be discussed at Government meetings.
- When necessary the Government may debate positions of the Republic of Lithuania on the proposals to adopt legislative acts of the European Union and on other documents of the European Union at Government meetings. Article
- Procedure for Submitting Draft Legislative acts to the Government
- Drafts of laws, resolutions and other legislative acts which are submitted to the Government must be signed by the minister. Drafts of legislative acts submitted by institutions of the Government must be approved by the minister assigned by the Government, and drafts of legislative acts submitted by county governors and municipal councils must be approved by the minister of an appropriate sphere of administration.
- A draft legislative act submitted to the Government, relating to the sphere of administration or the competence not only of the institution which has prepared (presents) it, but also to the sphere of administration or the competence of other institutions, must be co-ordinated in the manner prescribed by the rules of procedure of the Government. Article
- Procedure of Settlement of Disagreements Arising while Co-ordinating Draft Legislative acts
- Usually disagreements arising while co-ordinating draft legislative acts comprising the spheres of competence of several ministers shall be considered at the Government committee.
- Committees shall be chaired by Government members appointed by the Prime Minister.
- Representatives of the ministries - ministers or vice-ministers authorised by them - which are interested in drafts legislative acts under consideration at the Government sitting, and, when necessary, other persons shall attend committee meetings.
- During the discussion of a draft legislative act at the Government sitting, following its consideration at the committee, the presiding officer of the meeting of this committee shall inform about the agreements or conclusions of the discussions of the ministers (their authorised representatives) Article
- Procedure for Drawing up the Agenda of Government Sittings and Considering Issues
- Drafts of laws, Government resolutions and other legislative acts, programmes relating to the implementation of the programme of the Government and conceptions of legislative acts shall be prepared, considered and adopted or drafts of laws or Seimas resolutions shall be approved in the manner prescribed by the rules of procedure of the Government.
- The Permanent Secretary of the Government shall submit to the Prime Minister proposals concerning the drawing-up of an agenda of a Government sitting.
- The Prime Minister shall have the right during a Government sitting to propose that new issues be included into the agenda which is being approved. The minister shall, in the manner prescribed by the rules of procedure of the Government, also have the right to recommend the Prime Minister to add an issue to the agenda. Voting on the adding of an issue to the agenda shall be carried out. If a positive decision with respect to the said issue is not made, the issue must be presented for consideration in the manner prescribed by the rules of procedure of the Government.
- A report and opinions of the Government members shall be heard at the Government sitting. With the permission of the presiding officer of the sitting, other persons participating in the sitting may express their opinion. Article
- Resolutions of the Government
- Resolutions of the Government shall be passed at Government sittings by a majority vote of all Government members.
- Resolutions of the Government shall be signed by the Prime Minister and the minister of the appropriate sphere of administration, irrespective of his vote during the sitting. In the cases when a resolution covers several spheres of administration, it shall be signed by the Prime Minister and the minister who heads the Ministry which has submitted the draft resolution or who has approved the draft in accordance with the procedure established in paragraph 1 of Article 38 of this Law.
- Resolutions of the Government whereby previously passed resolutions are amended or supplemented shall be signed by the Prime Minister and the minister of that sphere of administration who signed the previous resolution, irrespective of the fact who submitted to the Government a new draft resolution for consideration.
- Resolutions of the Government shall be signed in the manner prescribed by the rules of procedure of the Government, unless otherwise provided for by the Government.
- Resolutions of the Government shall become effective in a manner prescribed by law. Article
- Government Decisions and Resolutions
- Government decisions and resolutions shall be passed at Government meeting by a majority vote of the Government members attending that meeting.
- Government resolutions and decisions shall be signed by the Prime Minister in the manner prescribed by the rules of procedure of the Government.
- When debating positions of the Republic of Lithuania on the proposals to adopt legislative acts of the European Union, the Government may adopt decisions, and on the proposals on other documents of the European Union - resolutions. Article
- Minutes of Government Sittings Minutes shall be taken of Government sittings. The minutes shall specify the number of a sitting, persons participating at the sitting, the reporter who has submitted an issue for consideration and speakers who expressed their opinion about this issue, as well as the adopted decision. The minutes shall be signed by the Prime Minister. Article
- Ordinances and Resolutions of the Prime Minister
- Within the limits of his competence the Prime Minister shall issue ordinances concerning organisational, personal and other matters or make prompt decisions - instructions documented as resolutions.
- Ordinances of the Prime Minister shall become effective on the day of their signing, unless a later date of enforcement is set in the said ordinances. Chapter ten CIVIL SERVANTS OF POLITICAL (PERSONAL) CONFIDENCE OF THE PRIME MINISTER AND THE OFFICE OF THE PRIME MINISTER Article
- Civil Servants of Political (Personal) Confidence of the Prime Minister
- Civil servants of political (personal) confidence of the Prime Minister – the chief adviser to the Prime Minister, advisers to the Prime Minister, Prime Minister’s spokesperson for the press and other civil servants of political (personal) confidence of the Prime Minister – shall assist the Prime Minister in laying down political provisions and priorities, making decisions and implementing them.
- The chief adviser to the Prime Minister shall: 1) co-ordinate activities of the civil servants of political (personal) confidence of the Prime Minister; 2) upon the instructions of the Prime Minister represent the Prime Minister when presenting decisions of the Prime Minister; 3) perform other functions assigned to him by the Prime Minister. Article
- Office of the Prime Minister
- The Office of the Prime Minister shall be an agency financed from the budget which assists in performing the functions of the Government and the Prime Minister. The Office of the Prime Minister shall be headed by the Permanent Secretary of the Government.
- The Government shall approve the structure and regulations of the Office of the Prime Minister.
- Career civil servants of the Office of the Prime Minister shall be subordinate to the Permanent Secretary of the Government. Article
- Permanent Secretary of the Government
- The Permanent Secretary of the Government shall be head of the Office of the Prime Minister and subordinate to the Prime Minister.
- The Permanent Secretary of the Government: 1) shall organise the analysis of draft legislative acts and programmes submitted to the Government and the Prime Minister by state institutions and agencies, municipal councils, when necessary shall, in the manner prescribed by the rules of procedure of the Government, organise the co-ordination of the draft legislative acts and programmes, submitted to the Government and the Prime Minister which the persons who prepared them failed to co-ordinate with the Ministries concerned; 2) shall participate in the co-ordination of the enforcement of implementing measures of the programme of the Government and strategic action plans; 3) shall organise the arrangement of Government sittings, participate in them and ensure that minutes of the sittings would be taken, as well that resolutions of the Government and ordinances of the Prime Minister would be issued and published in the Valstybės žinios (Official Gazette); 4) shall appoint and dismiss public servants of the Office of the Prime Minister; 5) shall keep the Government seal and be responsible for the use thereof; 6) may organise meetings of the State Secretaries of the Ministries in the manner prescribed by the rules of procedure of the Government; 7) shall discharge other functions assigned to him by the Prime Minister. Article
- Procedure for Storing Government Documents
- Laws of the Republic of Lithuania, resolutions of the Seimas, decrees of the President of the Republic, decisions of the Constitutional Court, drafts and originals of resolutions of the Government and ordinances of the Prime Minister, as well as the minutes of Government sittings shall be stored in the Office of the Prime Minister.
- Translation into foreign languages of resolutions of the Government and ordinances of the Prime Minister and authenticity of the translation shall be ensured in a manner prescribed by the Government. CHAPTER ELEVEN DEBATE AND RESOLUTION OF EUROPEAN UNION MATTERS Article
- Preparation, Co-ordination and Presenting of a Position on a Proposal to Adopt a Legislative act of the European Union or on any other Document of the European Union
- An institution authorised by the Government in the manner prescribed by it shall prepare a position of the Republic of Lithuania on a proposal to adopt a legislative act of the European Union, and, when necessary, shall prepare a position on any other document of the European Union.
- When preparing, co-ordinating and presenting a position of the Republic of Lithuania on a proposal to adopt a legislative act of the European Union, the Government shall, in the manner prescribed in Article 49 of this Law, consult the Seimas, create conditions for other interested state institutions, public bodies and non-governmental organisations to deliver their opinions.
- When preparing a position of the Republic of Lithuania on a proposal to adopt a legislative act of the European Union concerning foreign policy, national security, as well as relating to the subjects discussed in the European Council, the Government or an institution authorised by it shall co-ordinate the position under preparation with the President of the Republic.
- A position of the Republic of Lithuania on a proposal to adopt a legislative act of the European Union or on any other document of the European Union shall be prepared, debated and presented in accordance with the procedure provided for in laws and other legislative acts. Article
- Obligation of the Government to Inform the Seimas and the President of the Republic about Proposals to Adopt Legislative Acts of the European Union and about other Documents of the European Union
- The Government shall, in the manner prescribed by the Seimas Statute and laws, immediately inform the Seimas about the received proposals to adopt legislative acts of the European Union and about other documents of the European Union pertaining to the spheres which under the Constitution of the Republic of Lithuania fall within the competence of the Seimas or the President of the Republic.
- Having decided to prepare a position on a proposal to adopt legislative acts of the European Union or on other documents of the European Union pertaining to the spheres which under the Constitution of the Republic of Lithuania fall within the competence of the Seimas or the President of the Republic, the Government shall immediately inform the Seimas or the President of the Republic by presenting the position of the Republic of Lithuania prepared by the Government. Article
- Obligation of Government to Consult the Seimas when Preparing, Co-ordinating and Presenting a Position of the Republic of Lithuania
- The Government shall consult the Seimas about proposals to adopt legislative acts of the European Union or about other documents of the European Union pertaining to the spheres which under the Constitution of the Republic of Lithuania fall within the competence of the Seimas.
- The Seimas may, in the manner prescribed by the Seimas Statute, recommend the Government a position on a proposal to adopt a legislative act of the European Union or on any other document of the European Union.
- The Committee on European Affairs or the Committee on Foreign Affairs of the Seimas may, in the manner prescribed by the Seimas Statute, deliver an opinion of the Seimas regarding proposals to adopt legislative acts of the European Union or regarding other documents of the European Union.
- A position of the Republic of Lithuania on a proposal to adopt a legislative act of the European Union or on any other document of the European Union shall be presented by the Prime Minister or an appropriate minister at a plenary sitting of the Seimas, in the Committee on European Affairs or the Committee on Foreign Affairs of the Seimas. In exceptional cases the minister may charge a vice-minister to present a position on a proposal to adopt a legislative act of the European Union or on any other document of the European Union.
- The Government shall evaluate the recommendations or opinions submitted by the Seimas or its Committees and shall, in the manner prescribed by legislative acts, inform the Seimas about the implementation thereof. Article
- Opinion of the Government on Subsidiarity When presenting a position of the Republic of Lithuania on a proposal to adopt a legislative act of the European Union or on any other document of the European Union, the Government shall deliver to the Seimas an opinion whether or not the legislative act conforms to the principle of subsidiarity. Article
- Transposition of European Union Law into National Law of the Republic of Lithuania and its Implementation The Government shall within its competence be responsible for the transposition of European Union law into national law and its implementation. Legislative acts of the European Union shall be transposed into national law of the Republic of Lithuania in accordance with the procedure established by the Government. Article
- Presentation of Candidatures of Officers for the Positions in Institutions of the European Union who are Nominated by the Republic of Lithuania
- The Government shall nominate candidates for the positions of highest-ranking officers of the European Union. Their appointment shall be provided for in the treaties establishing the European Union.
- With the consent of the President of the Republic, the Government, nominating candidates for member of the European Commission and member of the Court of Auditors, shall consult the Seimas in the manner prescribed by the Seimas Statute.
- With the consent of the President of the Republic, the Government, nominating candidates for judges of the Court of Justice of the European Communities and the Court of First Instance of the European Communities, shall consult the Seimas in the manner prescribed by the Seimas Statute.
- The Government, nominating candidates to the Committee of the Regions of the European Union, shall consult the Association of Local Authorities in Lithuania in the manner prescribed by legislative acts.
- The Government, nominating candidates to the Economic and Social Committee of the European Union, shall consult the Tripartite Council of the Republic of Lithuania in the manner prescribed by legislative acts. I promulgate this Law passed by the Seimas of the Republic of Lithuania. President of the Republic Algirdas Brazauskas