📄 Įstatymo tekstas
SEIMAS OF THE REPUBLIC OF LITHUANIA
Official translation
S T A T U T E
SEIMAS OF THE REPUBLIC OF LITHUANIA
ON THE AMENDMENT OF THE STATUTE
17 February 1994 No. I-399
Vilnius
(New edition by 22 December 1998 No. VIII-1000)
(As amended by 2 December 2004 No X-25)
Article 1. Revised Version of the Statute
The Statute shall be amended to read as follows:
“SEIMAS OF THE REPUBLIC OF LITHUANIA
S T A T U T E
PART I
STATUS OF A SEIMAS MEMBER
Chapter I
Powers and the Oath of a Seimas Member
Article 1. Mandate of a the Seimas Member
1. The main rights and duties of a member of the Seimas of the Republic of Lithuania (hereinafter referred to as a Seimas Member) shall be defined by the Constitution of the Republic of Lithuania (hereinafter referred to as the Constitution) and this Statute, and his other rights and duties - by other laws of the Republic of Lithuania (hereinafter referred to as laws) as well.
2. In performing his duties, a Seimas Member shall act in compliance with the Constitution, interests of the State, his own conscience, and may not be restricted by any mandate.
Article 2. Beginning of the Powers and Acquisition of the Rights of a Seimas Member
1. The powers of Seimas Members shall begin on the day that the newly elected Seimas convenes for the first time. The powers of the previously elected Seimas Members shall expire upon the commencement of the said sitting.
2. A Seimas Member elect shall acquire all of the rights of a representative of the Nation only upon taking the oath at a Seimas sitting to be loyal to the Republic of Lithuania. A Seimas Member who has not taken the oath shall not have the rights established in Chapter 2 of this Statute, shall not make use of the essentials provided for his activities, as well as guarantees of his activities specified in Chapter 3 of this Statute, and shall not receive the salary of a Seimas Member.
Article 3. Text of the Oath of a Seimas Member
1. The text of the oath of a Seimas Member shall read as follows:
“I (forename, surname)
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, to conscientiously serve my Homeland, democracy, and the well-being of the people of Lithuania.
So help me God!”
2. The oath may be taken omitting the last sentence.
Article 4. Procedure for Taking the Oath of a Seimas Member
1. The oath of a Seimas Member shall be administered by the Chairman of the Constitutional Court of the Republic of Lithuania (hereinafter referred to as the Constitutional Court), or, in his absence or in the event that the Chairman is temporarily unable to discharge the duties of his office, by the judge of the Constitutional Court, acting as the Chairman of the Constitutional Court.
2. A Seimas Member shall take the oath while standing in front of the person who administers the oath, and reading the oath, holding his hand on the Constitution.
3. Upon having read the oath, a Seimas Member shall sign the nominal oath sheet.
4. The text of the oath shall not be amended and changed; only the last sentence of the oath may be struck out. The Seimas Member who does not comply with this provision, who refuses to sign the nominal oath sheet or who signs the sheet with a stipulation, shall not be considered to have taken the oath.
5. Nominal oath sheets shall be handed over to the Chairman or the judge of the Constitutional Court, who has administered the oath, who shall check them and read the names of the Seimas Members who have acquired all of the rights of a representative of the nation.
6. A Seimas Member must take the oath anew, if, upon termination of his powers, he has again become a Seimas Member pursuant to the Constitution and laws.
7. A Seimas Member must take the oath at the first sitting of a newly elected Seimas. A Seimas Member who is not able to attend the first sitting of a newly elected Seimas due to the especially important justifiable cause, shall take the oath at the next Seimas sitting following the disappearance of such especially important justifiable cause. A Seimas Member who is elected later, shall take the oath at the next Seimas sitting following his election.
Article 5. Consequences in the Event to Take the Oath of Failure by a Seimas Member
The Seimas Member who fails to take the oath in the manner prescribed by this Statute, or who takes a conditional oath, shall lose the mandate of a Seimas Member under Article 59 of the Constitution. The Seimas shall adopt a resolution thereon.
Article 6. Compatibility of the Duties of a Seimas Member
1. The duties of a Seimas Member, with the exception of his duties in the Seimas, shall be incompatible with any other duties in State agencies and organisations, as well as with any job in business, commercial and other private agencies or enterprises.
2. For his term of office, a Seimas Member shall be exempt from the duty to perform national defence service.
3. A Seimas Member may be appointed only as Prime Minister or Minister.
Article 7. A Certificate and Badge of a Seimas Member
1. A Seimas Member shall have a certificate of a Seimas Member and a badge of a Seimas Member which shall be used by him during his term of office.
2. The certificate shall be presented to a Seimas Member after the proclamation of election results, and the badge - after taking the oath.
3. A sample of the badge of a Seimas Member shall be approved by the Board of the Seimas.
Article 8. Termination of the Powers of a Seimas Member
The powers of a Seimas Member shall be terminated:
1) upon the expiration of his term of office, or when the Seimas elected in pre-term elections convenes for the first time;
2) upon his death;
3) upon his resignation by handing in his notice;
4) if he is declared legally incapable by the court;
5) if the Seimas revokes his mandate in accordance with impeachment proceedings;
6) if the elections are deemed invalid, or if the Law on Elections to the Seimas is grossly violated;
7) if elected a municipal councillor he does not relinquish his mandate of municipal councillor, takes a job or does not resign from the job which is incompatible with the requirements of Article 6 of this Statute; or
8) if he is deprived of citizenship of the Republic of Lithuania.
Chapter II
Activities of A Seimas Member
Article 9. Rights of a Seimas Member
A Seimas Member shall, in the manner prescribed by this Statute, have the right to:
1) vote on all issues being considered at sittings of the Seimas, committee or commission of which he is a member;
2) elect and be elected to any office in the Seimas;
3) participate in a discussion concerning all issues under consideration, and present his motions, observations, amendments, vocally or in writing;
4) submit the text of his speech, which has not been made, to the chairman of a sitting for the inclusion in the verbatim record of the sitting;
5) propose issues to the Seimas for consideration;
6) prepare and submit to the Seimas for consideration drafts of laws and other legal acts, as well as to put motions relative to the laws which are to be debated in the Seimas;
7) pose questions to reporters and supplementary reporters during the Seimas sittings;
8) make statements and remarks, speak on voting motives, put motions relative to the conduct, procedure of a sitting;
9) obtain, directly or through an assistant, copies of the registered drafts of laws, as well as copies of laws and other acts passed by the Seimas, decisions and draft decisions of Chairman of the Seimas, the Board of the Seimas and the Assembly of Elders, drafts of the legislative acts prepared by the Government, resolutions passed by other State government and administration institutions, and legislative acts of public officers;
10) attend sittings of all Seimas committees and commissions, and Government sittings, and, when necessary, attend sittings of State government and administration institutions at which issues submitted by him are discussed, as well as, upon advance notice, other sittings at which the issues he is interested in are discussed, except the sittings concerning State secrets the procedure for the consideration whereof shall be established by law;
11) make inquiries to the Government members, the heads of other State institutions, submit questions to them and to the Seimas officers; and
12) together with other Seimas Members:
a) submit a draft law on the amendment of the Constitution,
b) initiate impeachment,
c) start non-confidence, interpellation proceedings,
d) convene an extraordinary Seimas session and an extraordinary sitting,
e) appeal to the Constitutional Court,
f) otherwise act in accordance with the provisions of this Statute.
Article 10. Participation of a Seimas Member in Seimas Sittings and Work in the Committees
1. A Seimas Member must participate in Seimas sittings.
2. Each Seimas Member, with the exception of the Chairman of the Seimas and the Prime Minister, must serve as a member of some committee and must participate in the work thereof, and he may also serve as a substitute for a member of another committee.
3. Each Seimas Member may serve as a member of only one committee, except the Committee on Foreign Affairs and the Committee on European Affairs which may consist of the members of other committees.
4. The Chairman of the Seimas and the Prime Minister may not serve as a member of a committee or a substitute for a committee member.
5. Each Seimas member must participate in meetings of the Seimas committees and commissions a member of which he is.
6. The Commission on Ethics and Procedures shall exercise control over the participation of a Seimas member in Seimas sittings and meetings of the structural subdivisions of the Seimas.
Article 11. Failure to Attend Sittings by Seimas Members, and Foreign Travel
1. The Secretariat of the Seimas sittings shall accept notices of the Seimas Members about their non-attendance of Seimas sittings, and the Secretariat of the Seimas committees and commissions - about non-attendance of sittings of the committees and commissions by the Seimas Members. Such information together with the documents justifying the non-attendance of a sitting, shall be furnished to the Commission of Ethics and Procedures at the end of each month.
2. Upon returning from a business trip abroad or foreign travel to which the Board of the Seimas has given its consent, a Seimas Member must, not later than within 10 days and in a prescribed manner, present a report to the Board of the Seimas concerning the fulfilment of assignments.
Article 12. Work of a Seimas Member with Voters
1. A Seimas Member must regularly hold meetings with voters and inform them about his activities. He shall have the right to invite officers of State and municipal institutions and agencies, officers of local authorities, as well as members of municipal councils to participate in the meetings.
2. A Seimas Member shall examine proposals, requests and complaints and, when necessary, shall refer them to State institutions for consideration.
3. Complaints of voters which fall within the competence of a Seimas ombudsman, may be referred to a Seimas ombudsman for investigation. They shall be addressed in accordance with the procedure established by the Law on Seimas ombudsmen.
4. All officers and heads of enterprises, agencies and organisations to whom an appeal of a Seimas Member is addressed or to whom proposals, requests and complaints of voters have been referred by a Seimas Member, must consider them and reply to a Seimas Member not later than within 20 days of the receipt thereof.
Chapter III
PROVISION OF conditions and Guarantees necessary
for the activities of A Seimas Member
Article 13. Duties of Local Authorities to Provide Conditions for the Activities of Seimas Members
1. Local authorities and their executive bodies, as well as heads of State enterprises, agencies and organisations, must provide a Seimas Member with conditions enabling him to meet with voters, must announce of the time and place of such meetings, and must provide him with other necessary assistance and information.
2. Local authorities must allot and maintain permanent premises for Seimas Members elected in a single-candidate electoral areas to receive voters.
3. Local authorities must allot properly arranged premises for Seimas Members elected in multi-candidate electoral areas to receive voters and hold meetings.
Article 14. Visits of Seimas Members to Enterprises, Agencies and Organisations
1. A Seimas Member shall have the right to demand to be received without delay at enterprises, agencies and organisations concerning issues which pertain to his activities, as well as the right to be provided with necessary information.
2. A Seimas Member shall have the right to unrestricted access of all enterprises, agencies and organisations. The visitation procedure for enterprises, agencies and organisations whose activities are associated with the protection of State secrets, as well as the procedure for the protection of the information considered a State secret, which has been acquired by a Seimas Member, shall be established by laws.
Article 15. Salary of a Seimas Member
1. Compensation for the work of a Seimas Member, as well as the expenses related to his parliamentary activities, shall be covered from the State Budget.
2. The salary of a Seimas Member and the procedure for payment thereof shall be established by the Seimas. The law concerning changes in the amount of salaries of Seimas Members shall become effective only from the day that the next newly-elected Seimas convenes for the first time.
3. Seimas Members-officers and the leader of the Seimas Opposition shall be paid supplementary salaries, the amount of which shall be established by the law, for their work.
4. A Seimas Member may not receive any other payment, with the exception of payment for creative activities. Payments made to a Seimas Member for creative activities shall comprise royalties for the works of art and the performance thereof, for articles and books, for the material for radio and television programmes, provided that a Seimas Member is not related to the agency, enterprise or organisation, paying him for creative activities, by labour, official or similar relations which may be the cause of conflict of private and public interests.
Article 16. Secretaries-Assistants of Seimas Members
A Seimas Member shall be entitled to have personal or joint secretary-assistants with other members of his respective parliamentary group, whose salaries shall be paid from the State Budget, as well as he shall be also entitled to have assistants who work on a voluntary basis.
Article 17. Liability for Preventing a Seimas Member from Exercising his Powers
1. Persons and officers who prevent a Seimas Member from exercising his powers, who encroach upon the life, health, honour, or dignity of a Seimas Member as a representative of the Nation, shall be held liable under law.
2. If the legitimate demands of a Seimas Member are not carried out, a disciplinary penalty may, according to the procedure established by laws, be imposed on the offending officer who is responsible, he may be removed from office.
Chapter IV
Discipline and Immunity of A Seimas Member. OBLIGATION OF
A SEIMAS MEMBER TO AVOID THE CONFLICT OF INTERESTS
Article 18. Obligation of a Seimas Member to Avoid the Conflict of Interests
1. It shall be prohibited to use the mandate of a Seimas Member for purposes other than the interests of the Nation, State and voters. A Seimas Member must respect and act in compliance with the Constitution and laws.
2. While executing the duties of a Seimas Member, each Seimas Member must avoid the conflict between the private interests of a Seimas Member and his duties to represent the interests of the public, he must not also act in such a way, that the public would entertain doubts about the existence of such conflict. In the event of the conflict of interests, a Seimas Member must act in compliance with this Statute and recommendations of the Ethics and Procedures Commission or the Chief Institutional Ethics Commission. A Seimas Member must do his utmost that his integrity should not raise doubts among the public and that the public be given a possibility to ascertain the integrity of the Seimas Member.
3. The Ethics and Procedures Commission or an investigation commission set up for this purpose must analyse the activities of a Seimas Member which violate the said provisions, and prepare findings for the Seimas.
4. Every year each Seimas Member shall, according to the Law on the Adjustment of Public and Private Interests in Public Service, submit to the Ethics and Procedures Commission an annual private interests declaration, as well as a declaration if new circumstances turn out. The said Commission shall keep private interests declarations of the candidates who have become Seimas Members. The declarations shall be kept in the Commission for the whole term of office of a Seimas Member, and later they shall be transferred to the Seimas Archives for keeping.
5. Upon having considered the private interests declarations of Seimas Members, the Ethics and Procedures Commission shall submit to Seimas Members written recommendations how to avoid the conflict of interests, which Seimas Members may make public at their own discretion. The said recommendations may be general - annual or intended to handle a specific situation. The latter generally shall be submitted at the request of a Seimas Member.
6. Before the consideration of an issue or during the consideration, a Seimas Member who has a private interest in such an issue, must inform the presiding officer of a sitting about a threat of the conflict of interests and must stay away from further consideration and voting.
7. If a Seimas Member has not carried out the requirements of paragraph 6 of this Article and such behaviour of a Seimas Member is contrary to the recommendation of the Ethics and Procedures Commission, which has been submitted to a Seimas Member in accordance with paragraph 5 of this Article, the Ethics and Procedures Commission shall immediately inform the Seimas about it. In this event, the consideration of an issue may, upon the decision of the Seimas, be started anew.
8. If it appears that during the passage of a Seimas law, the provisions of this Article concerning the avoidance of the conflict of interests have been violated, the provisions set forth in Article 160 of this Statute may be applied.
Article 19. Assessment of the Absence of the Seimas Members from the Seimas Sittings
1. The Ethics and Procedures Commission shall analyse the reasons for which Seimas Members have not attended the Seimas sittings during the voting planned in advance, and shall decide whether such reasons are justifiable.
2. The salaries of an appropriate month may, according to the procedure established by the law, be decreased for the Seimas Members who have not participated in the voting planned in advance, and upon the decision of the Ethics and Procedures Commission, their names may be announced in the press.
Article 20. Warning to a Seimas Member
1. If during a sitting a Seimas Member begins to argue with Seimas Members or other participants of the sitting, does not carry out the recommendation of the Ethics and Procedures Commission regarding the avoidance of the conflict of interests, the Seimas Member may be called to order by the presiding officer of the sitting.
2. If the said Seimas Member does not heed the warning of the presiding officer of the sitting, the warning may be recorded in the minutes of the sitting. Warnings to a Seimas Member for a public threat to colleagues, for an insult of a Seimas Member or a group thereof, for dishonest voting or for the refusal to carry out the recommendation of the Ethics and Procedures Commission regarding the avoidance of the conflict of interests shall be immediately recorded in the minutes.
3. The warning which is recorded in the minutes of the sitting shall be administered on the recommendation of the presiding officer of the Seimas sitting or the Ethics and Procedures Commission, without debate and by a simple majority of the Seimas Members participating in the voting.
4. A Seimas Member to whom administration of such warning is proposed, shall have the right to explain himself to the Seimas for a maximum of 3 minutes prior to the voting.
Article 21. Removal of a Seimas Member from a Sitting
1. The Seimas may temporarily remove a Seimas Member from the chamber if he:
1) continues, after being called to order, to interrupt the work of the Seimas or does not carry out the recommendations of the Ethics and Procedures Commission regarding the avoidance of the conflict of interests;
2) during a sitting, calls for the use of the coercion or uses it personally;
3) publicly insults or threatens the President of the Republic, the Seimas, the Chairman of the Seimas, the Seimas Members, the Government, or the Prime Minister during a sitting;
4) disgraces the name of a Seimas Member with his actions.
2. Decisions concerning the removal of a Seimas Member from the chamber shall be adopted without debate by a simple majority of the Seimas Members participating in the voting, on the recommendation of the presiding officer of the meeting or the Ethics and Procedures Commission.
3. The term of a temporary removal from the chamber shall in each case be established by the Seimas, but may not be more than 10 plenary sittings. If the term is not indicated, it shall be assumed that the Seimas Member is removed until the end of the sitting.
4. During the period of the removal from the chamber, the Seimas Member may not participate in voting which is carried out during an adjournment of the sitting.
5. If a Seimas Member who has been temporarily removed from the sitting, refuses to heed the demand of the presiding officer of the sitting to leave the chamber, the sitting shall be temporarily interrupted and security officers shall escort the punished Seimas Member from the chamber. In this event, the term of removal from the chamber may, upon the decision of the presiding officer of the sitting, be extended for the period of up to 5 sittings.
6. The Seimas Member who is removed from the Seimas sittings shall not receive a salary for the days when the Seimas sittings from which he is removed are held.
Article 22. Immunity of a Seimas Member
1. The person of a Seimas Member shall be inviolable.
2. A Seimas Member may not be persecuted for his voting or speeches in the Seimas, i.e. at the sittings of the Seimas, Seimas committees, commissions and parliamentary groups, however, he may, for personal insult or slander, be held liable in accordance with the general procedure.
3. Criminal proceedings may not be instituted against a Seimas Member, he 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 is caught in the act of committing a crime (in flagrante delicto). In such cases the Prosecutor General must immediately notify the Seimas thereof.
Article 23. Deprivation of the Inviolability of a Seimas Member
1. After the hearing of the report of the Prosecutor General concerning the crime committed by a Seimas Member, the Seimas sitting shall be adjourned for the period of not less than one hour and not more than two hours. After the adjournment the Seimas shall adopt one of the following decisions:
1) to form an investigation commission for the consent to institute criminal proceedings against a Seimas Member; or
2) to initiate preliminary actions of the impeachment proceedings - such decision shall be examined and adopted only in the event that the proposal of the subjects specified in paragraph 1 of Article 230 of this Statute exists.
2. If the Seimas decides to form an investigation commission for the consent to institute criminal proceedings against a Seimas Member, then the commission shall be formed according to the procedure provided for in Article 71 of this Statute. When investigating the issue concerning the deprivation of the inviolability of a Seimas Member, the commission must invite to a meeting of the commission the said Seimas Member whose issue is under consideration and hear him or other Seimas Member authorised by him, and a representative of the Prosecutor’s Office. If the invited Seimas Member or other Seimas Member authorised by him fails to come to the commission meeting without a valid reason or he refuses to provide explanations to the commission, the commission shall have the right to adopt a decision in the absence of the Seimas Member or other Seimas Member authorised by him. Valid reasons because of which the Seimas Member or other Seimas Member authorised by him does not come to the commission meeting shall be the reasons laid down in the norms of the Code of Criminal Procedure, prescribing compulsory appearance of the participants of the proceedings.
3. If the Seimas resolves to initiate preliminary actions of the impeachment proceedings, the said actions shall be carried out in accordance with the procedure established in Part VIII of this Statute.
4. If the Seimas has adopted the resolution regarding the consent to institute criminal proceedings against a Seimas Member, preliminary actions of the impeachment proceedings and the impeachment procedure may be initiated against a Seimas Member only upon having resolved the issue of criminal liability, i.e. provided that a conviction has been passed or an acquittal has become effective, or criminal proceedings have been terminated.
5. After the investigation commission has prepared and announced its note and the draft resolution, the issue concerning the deprivation of the inviolability of the person of a Seimas Member shall be included on the agenda of the next Seimas sitting.
6. Consideration of this issue, as well as in the submitted resolution, shall be limited only to the interpretation, assessment or definition of the facts provided for in the motion. The discussion concerning draft resolutions shall be attended by the reporter of the commission, the concerned Seimas Member or another Seimas Member authorised by 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 take criminal action against a Seimas Member, said Seimas Member may not be arrested within the house of the Seimas.
PART II
STRUCTURE OF THE SEIMAS
Chapter V
General Issues of Structure
Article 24. Heads of the Seimas
1. Sittings of the Seimas shall be presided over by the Chairman of the Seimas or his deputy.
2. There shall not be more than five Deputy Chairmen of the Seimas; one of them shall be delegated by the Seimas Opposition.
3. The competence of the Seimas Chairman and Deputy Chairmen shall be defined by the Constitution and this Statute.
4. On the recommendation of the Seimas Chairman, one of the Deputy Chairmen of the Seimas shall be appointed the first Deputy Chairman of the Seimas.
5. The Seimas Member who is elected Seimas Chairman or temporarily acting as Seimas Chairman must suspend his activities in a parliamentary group of the Seimas Members.
Article 25. Committees and Commissions of the Seimas
1. The Seimas shall form committees from among its members for the consideration of draft laws and other issues assigned to its competence by the Constitution. The list of the committees shall be established by this Statute.
2. The Ethics and Procedures Commission, the Petitions Commission, the Commission for the Parliamentary scrutiny of Intelligence Activities, and other standing commissions shall be formed in the Seimas.
3. For resolving short-term issues or issues of narrower scope, and for carrying out concrete assignments, the Seimas may, from among its members, form investigation, control, auditing, preparatory, drafting and other ad hoc commissions.
4. The Board of the Seimas may also form preparatory, drafting ad hoc commissions, and the Assembly of Elders - co-ordination commissions.
5. The work of the committees and commissions shall be directed by the respective chairmen thereof.
Article 26. Parliamentary Groups, Mixed and Interim Groups of the Seimas Members
1. Seimas Members may form parliamentary groups according to the procedure established by this Statute for implementing their political goals. This Statute shall establish the rights of the parliamentary groups of the Seimas members.
2. A parliamentary group of the Seimas Members shall be headed and represented in the Seimas by its Elder or Deputy Elder; each Seimas Member authorised by a parliamentary group may speak out on behalf of the parliamentary group.
3. The Seimas Members who have not been registered in parliamentary groups shall be considered as members of one mixed group of the Seimas Members. The mixed group of the Seimas Members shall be granted all of the rights of a parliamentary group provided for in this Statute.
4. The Seimas Members may form interim groups in the procedure established by this Statute.
Article 27. Board of the Seimas
1. The Board of the Seimas shall function in the Seimas, the principle task whereof shall be to settle organisational issues of the work of the Seimas and give advice to the Chairman of the Seimas, if he requests so.
2. The Board of the Seimas shall consist of the Chairman of the Seimas, Deputy Chairmen of the Seimas and the Leader of the Opposition in the Seimas. The composition of the Board of the Seimas shall be approved by the resolution of the Seimas.
Article 28. Assembly of Elders
1. The Seimas shall have an Assembly of Elders comprising the members of the Board of the Seimas and the representatives of the parliamentary groups.
2. Each parliamentary group shall appoint one representative for every ten members of the group to the Assembly of Elders.
3. In addition, each parliamentary group shall appoint to the Assembly of Elders one representative for the remaining segment of fewer than ten members of the parliamentary group, provided that the said segment of fewer than ten members shall comprise more than five Seimas Members.
4. Parliamentary groups consisting of fewer than ten members shall each appoint one representative to the Assembly of Elders.
5. The principal task of the Assembly of Elders shall be to consider and approve work programmes of the Seimas session and agendas of sittings, to co-ordinate issues concerning the organisation of the work of the committees and parliamentary groups of the Seimas, and to submit drafts of the decisions on said issues to the Seimas and the Board, and give advice to the Chairman of the Seimas.
Chapter VI
CHAIRMAN OF THE SEIMAS, Deputy CHAIRMEN OF THE SEIMAS
and Board OF THE SEIMAS
Article 29. Powers of the Chairman of the Seimas
The Chairman of the Seimas shall:
1) direct the work of the Seimas and represent the Seimas;
2) within 10 days following the passage, certify with his signature the authenticity of the text of the law passed by the Seimas and refer it to the President of the Republic to sign, within 10 days sign the Statute of the Seimas and amendments thereto, within 3 days sign the laws which are not signed by the President of the Republic and not returned to the Seimas for repeat consideration within 10 days from the submission thereof, as well as proclaim them;
3) within 10 days from the passage, sign the resolutions of the Seimas and other acts passed by the Seimas;
4) within 24 hours sign the minutes of Seimas sittings, as well as the decisions of the Board of the Seimas, provided he has presided over them;
5) temporarily act as President of the Republic or temporarily deputise for President of the Republic in the cases specified in Article 89 of the Constitution;
6) have the right to convene an extraordinary Seimas sitting or an extraordinary session in the cases laid down in paragraph 1 of Article 89 of the Constitution;
7) propose to the Seimas candidatures to the posts of Deputy Chairmen of the Seimas;
8) propose to the Seimas candidatures to Constitutional Court judges in accordance with the procedure established by the Constitution;
9) propose to the Seimas the candidatures of the Seimas ombudsmen and the head of the Seimas ombudsmen’s office for appointment and dismissal;
10) propose candidatures to the Seimas for appointment and dismissal to the posts of heads and deputy heads of State institutions in the cases provided by the Constitution and laws;
11) preside over the sittings of the Seimas and the Board of the Seimas or charge one of his Deputies to carry out this function;
12) submit drafts of the work programmes of a session and draft agendas of week- or day-long sittings to the Assembly of Elders or charge one of his Deputies to carry out this function;
13) submit draft agendas of meetings of the Board of the Seimas or charge one of his Deputies to carry out this function; and
14) exercise other powers provided for in this Statute.
2. While exercising his powers, the Chairman of the Seimas shall issue directives.
3. The Chairman of the Seimas and, in his absence, his Deputy may, provided he is not presiding over a sitting, voice out of turn his own opinion or the opinion of the Board of the Seimas on any issue under consideration at the Seimas sittings.
4. During a session of the Seimas, the Chairman of the Seimas, his Deputies shall, at least once a month, answer the questions concerning their activities, which are beforehand submitted in writing by the Seimas Members.
Article 291. Temporary Acting for the President of the Republic
1. The Chairman of the Seimas shall temporarily act for the President of the Republic in the following cases, specified in paragraph 1 of Article 89 of the Constitution:
1) when the President of the Republic dies;
2) when the President of the Republic resigns;
3) when the Seimas removes the President of the Republic from office according to impeachment proceedings;
4) when the Seimas resolves that the President of the Republic is unable to discharge his duties due to the state of health.
2. When temporarily acting for the President of the Republic, the Chairman of the Seimas shall, for that period of time, lose his powers in the Seimas; all powers of the President of the Republic shall be temporarily passed over to the Chairman of the Seimas. The Chairman of the Seimas shall act for the President of the Republic until a newly elected President of the Republic takes the oath in the manner prescribed by law. The Seimas shall appoint one of the Deputy Chairmen of the Seimas to temporarily act for the Chairman of the Seimas during that period of time.
3. When the Seimas receives a transcript of the entry of the act of civil status, issued in the manner prescribed by law, attesting the death of the President of the Republic, or a decree of the President of the Republic on the resignation of the President of the Republic enters into force, an extraordinary sitting of the Seimas shall be immediately convened during the session, or an extraordinary session shall be convened during the period between the sessions, for the adoption of a Seimas resolution specified in paragraph 7 of this Article.
4. Upon the receipt of the conclusion of the medical commission, approved in accordance with the procedure established in Article 29(3) of this Statute, regarding the state of health of the President of the Republic, the Seimas may appeal to the Constitutional Court with the resolution adopted by a majority vote of more than half of all the Seimas members, requesting to present a conclusion whether, according to the state of his health, the President of the Republic is able to discharge his duties.
5. Upon the receipt of the conclusion of the Constitutional Court, specified in paragraph 4 of this Article, the Seimas shall consider it at a plenary or extraordinary Seimas sitting during the session, or at an extraordinary session during the period between the sessions. Upon having resolved by a 3/5 majority vote of all the Seimas members that the President of the Republic is unable to discharge his duties due to the state of health, the Seimas shall adopt a resolution specified in paragraph 7 of this Article.
6. Following the adoption of the resolution on the removal of the President of the Republic from office according to impeachment proceedings, the Seimas shall adopt a resolution, specified in paragraph 7 of this Article at the same or an extraordinary sitting.
7. In the cases established in this Article, the resolution adopted by the Seimas shall indicate the circumstances on which the Seimas resolution is based, the appointment of the Chairman of the Seimas to temporarily act for the President of the Republic, and the appointment of a Deputy Chairman of the Seimas to temporarily act for the Chairman of the Seimas. The Seimas resolution shall enter into force from the date of its adoption. It shall be published in the Valstybės žinios (the Official Gazette) in the manner prescribed by law; it shall also be broadcast on the Lithuanian national radio and television on the date of its adoption, as well as though other means of the mass media.
Article 292. Temporary Deputising for the President of the Republic
1. The Chairman of the Seimas shall temporarily deputise for the President of the Republic in the following cases, specified in paragraph 2 of Article 89 of the Constitution:
1) when the President of the Republic is temporarily absent beyond the boundaries of the country and by reason thereof is temporarily unable to discharge the duties of his office;
2) when the President of the Republic has fallen ill and by reason thereof is temporarily unable to discharge the duties of his office.
2. The Chairman of the Seimas shall temporarily deputise for the President of the Republic after the entry into force of a decree of the President of the Republic whereby the Chairman of the Seimas is appointed to temporarily deputise for the President of the Republic due to the latter’s temporary absence beyond the boundaries of the country or his illness.
3. In the cases referred to in paragraph 1 of this Article the Seimas shall adopt a resolution regarding the temporary deputising for the President of the Republic. No discussions shall be held at a Seimas sitting on the issue of the necessity to adopt a Seimas resolution. A Seimas resolution shall enter into force on the date of its adoption.
4. In the cases referred to in paragraph 1 of this Article the Chairman of the Seimas shall have retain the powers of the Chairman of the Seimas.
5. When the circumstances specified in paragraph 1 of this Article are no longer present, the Chairman of the Seimas shall cease to deputise for the President of the Republic.
Article 293. Setting up a Commission of Doctors
1. When solving an issue whether the President of the Republic is able to carry out the duties of his office due to the state of health, the Seimas, shall, be its resolution, approve a commission of doctors consisting of at least 5 members, which shall present to the Seimas the conclusions regarding the state of health of the President of the Republic. Candidatures of Commission members shall be nominated to the Seimas by the Seimas Board.
2. The Commission indicated in paragraph 1 of this Article must be approved not later than within 24 hours and its conclusions must be presented to the Seimas within the shortest possible period of time.
Article 30. Powers of the Deputy Chairmen of the Seimas
1. The Deputy Chairmen of the Seimas shall carry out the functions assigned to them by the Chairman of the Seimas.
2. The Deputy Chairmen of the Seimas shall within 24 hours sign the minutes of Seimas sittings, as well as the decision of the Board of the Seimas, provided they have presided over those sittings upon the Chairman’s of the Seimas charge.
3. In the event that the Chairman of the Seimas is temporarily away or has been taken ill and is unable because of that to execute his duties, the first Deputy Chairman of the Seimas or another Deputy Chairman of the Seimas, at the behest of the Seimas, shall deputise for him during such period.
4. In the cases specified in Article 291 of this Statute, the Deputy Chairman of the Seimas whom the Seimas appointed to temporarily act as Chairman of the Seimas, shall carry out such duties until the Chairman of the Seimas will start again to execute his duties.
5. The resolution (preliminary or adopted for a concrete case) concerning the temporary performance of the duties of the Chairman of the Seimas or deputising for him shall be adopted by the Seimas on the motion of the Chairman of the Seimas.
Article 31. Chancellor of the Seimas
1. The Chancellor of the Seimas shall be a public servant - head of the institution who shall be responsible and accountable to the Seimas and the Board of the Seimas.
2. The Chancellor of the Seimas shall be the head of the Office of the Seimas. The Chancellor of the Seimas shall, in the manner prescribed by law, be appointed to office for the period of 5 years, and dismissed from office by the Seimas on the recommendation of the Chairman of the Seimas.
3. A Seimas member may not be Seimas Chancellor.
4. The position of Seimas Chancellor shall be incompatible with participation in the activities of political parties or political organisations.
5. The Chancellor of the Seimas shall:
1) supervise the drafting of documents of the Seimas and the Board of the Seimas;
2) supervise the consideration of issues, inquiries and interpellations submitted to the Government members and heads of other State institutions and furnish related information to Seimas Members;
3) consider the issues raised by the Seimas Members concerning the functioning of the Office of the Seimas; ensure the implementation of the decisions of the Board of the Seimas;
4) ensure the preparation of a draft work programme of a session, draft agendas for week- and day-long sittings, draft agendas of the Assembly of Elders and the material related to all the issues subject to consideration, which are prepared by the Chairman of the Seimas and his Deputies;
5) endorse official documents prior to their being submitted to the Chairman of the Seimas for signing and, within the limits of his competence, sign official documents;
6) be responsible for the use and keeping of the Seimas Seals bearing the State Emblem;
7) regularly submit to the Seimas summarised data concerning proposals, wishes and letters addressed by voters to the Seimas;
8) together with the representatives of the parliamentary groups, arrange the seats in the chamber for the members of the parliamentary groups and for those members of the Seimas who do not belong to any parliamentary group and allocate premises for meetings of the parliamentary groups;
9) in the manner prescribed by law, appoint to office and dismiss public servants of the Office of the Seimas;
10) approve regulations, job rules, workers’ job descriptions and instructions for clerical work of the divisions of the Office of the Seimas;
11) carry out the functions of the manager of budgetary appropriations for the Office of the Seimas;
12) carry out other functions laid down in this Statute and the Regulations of the Office of the Seimas.
Article 32. Powers of the Board of the Seimas
The Board of the Seimas shall:
1) approve and submit to the Ministry of Finance draft estimates of programmes and expenditures of the Office of the Seimas;
2) by the advice of the committees, consider and send the Seimas Members on business trips with written tasks of the Seimas, the Board, and committees; approve reports on such trips;
3) by the advice of the committees or parliamentary groups, consider and approve of trips of the Seimas Members during a session, which are not financed from the funds of the Seimas;
4) when necessary, consider draft work programmes of a Seimas session and draft agendas of week- or day-long sittings, and submit conclusions to the Assembly of Elders or the Seimas;
5) call unscheduled sittings of the Seimas, fix a time for such sittings;
6) approve a preliminary schedule of sittings of a Seimas session;
7) when necessary, establish to which institutions or persons the principal committee must refer a draft law for conclusions;
8) when necessary, adopt a decision to relieve the principal committee of the obligations set forth in Article 147 of this Statute;
9) when necessary, form working groups for drafting laws and carrying out the assignments of the Seimas or the Board of the Seimas;
10) assist in organising the joint work of the committees on issues which fall within the competence of several committees;
11) approve the structure of the Office of the Seimas, draw up a list of the staff of the Office of the Seimas, and fix the salaries thereof;
12) approve the regulations and rules of procedure of the Office of the Seimas;
13) when the Seimas solves an issue whether the President of the Republic is able to carry out the duties of his office due to the state of health, appeal to the Minister of Health Care regarding the nomination of candidatures for a commission of doctors, which is approved by the Seimas, and
14) settle other issues related to the organisation of the activities of the Seimas which are not ascribed to other institutions or officers of the Seimas by virtue of this Statute.
Article 33. Meetings of the Board of the Seimas
1. Meetings of the Board of the Seimas shall be convened and presided over by the Chairman of the Seimas or by the Deputy Chairman of the Seimas, empowered by him.
2. Other members of the Seimas, as well as permanent representatives of the President of the Republic and the Government, may participate in the meetings of the Board of the Seimas as observers. Other individuals may also be invited to meetings of the Board of the Seimas.
3. Issues for consideration may be submitted to the Board by the Board members, committees, commissions, parliamentary groups, and the Chancellor of the Seimas.
4. Draft documents of the Board of the Seimas which are submitted for consideration shall be signed by their initiators and handed over to the Chairman of the Seimas or a Deputy Chairman of the Seimas, empowered by him, who shall prepare the agenda of a meeting, based thereon.
Article 34. Decisions of the Board of the Seimas
1. Decisions of the Board of the Seimas shall be adopted by open vote and simple majority of those in attendance, provided that a meeting of the Board of the Seimas is attended by at least half of the Board members. A tie vote shall be decided by the vote of the Chairman of the Seimas or, in his absence, of the Deputy Chairman of the Seimas who is presiding over the meeting.
2. The members of the Seimas shall be informed of the decisions of the Board of the Seimas through the committees and parliamentary groups within three working days from the day on which the decision was adopted during a session or within a week of the beginning of the next session.
3. Committees and parliamentary groups may appeal against the decisions of the Board of the Seimas to the Seimas, if it is considered that the said decisions violate or restrict the rights of a Seimas Member, a parliamentary group or a committee, or have been adopted exceeding the powers assigned to the Board. Such complaints shall be considered and resolved by the Seimas, upon hearing the conclusions of the Ethics and Procedures Commission.
Chapter VII
Assembly of ELDERS OF THE Seimas
Article 35. Meetings of the Assembly of Elders of the Seimas
1. During a session, meetings of the Assembly of Elders of the Seimas (hereinafter referred to as the Assembly of Elders) shall be held regularly at a time specially allocated for this purpose.
2. Extraordinary meetings of the Assembly of Elders shall be convened at the request of the Chairman of the Seimas, the Board of the Seimas, the elder of the Assembly of Elders, or at least 1/3 of the members of the Assembly of Elders. The members of the Assembly of Elders shall be given notice of the time and agenda of extraordinary meetings at least 6 hours prior to the beginning thereof.
3. Meetings of the Assembly of Elders shall be presided over by the elder whose duties, according to the schedule approved by the Assembly of Elders, shall be executed in turn by the elders of each parliamentary group for one week. An opening meeting of the Assembly of Elders held during the first session shall be presided over by the most senior parliamentary group elder.
4. Issues for consideration by the Assembly of Elders, which are within its competence, may be proposed and submitted to the Chairman of the Seimas or a Deputy Chairman of the Seimas empowered by him, by the members of the Assembly of Elders, the Government, as well as by other Seimas Members who submit draft laws. A draft agenda of the Assembly of Elders shall be drawn up according to these proposals by the Chairman of the Seimas or a Deputy Chairman of the Seimas empowered by him.
5. Other Seimas Members, permanent representatives of the President of the Republic and the Government may attend meetings of the Assembly of Elders as observers.
6. Meetings of the Assembly of Elders shall be open for representatives of the mass media.
Article 36. Powers of the Assembly of Elders
During its meetings, the Assembly of Elders shall:
1) consider draft estimates of programmes and expenditures of the Office of the Seimas and, together with its own proposals and remarks, submit them to the Board of the Seimas;
2) consider and co-ordinate rising differences related to the work programme of a Seimas session;
3) consider and approve the drafts of agendas of week- or day-long sittings;
4) consider and co-ordinate proposals regarding the appointment of a principal committee or additional appointment of committees for consideration of a draft law, as well as setting of a preliminary date of consideration of a draft law at a Seimas sitting;
5) consider and co-ordinate rising differences concerning other issues of the organisation of the work of the Seimas;
6) hear the proposals of the chairmen of the committees and elders of the parliamentary groups on mutual relations between the committees and parliamentary groups, and submit proposals thereon to the Seimas or the Board;
7) submit recommendations to the Board of the Seimas concerning the resolution of issues which are ascribed to its competence;
8) perform the function of a co-ordinating (conciliatory) committee in the event of principal disagreements concerning key issues considered in the Seimas;
9) when necessary, establish to which institutions or persons the principal committee must refer a draft law for conclusions; and
10) when necessary, adopt a decision to relieve the principal committee of the duties set forth in Article 147 of this Statute.
Article 37. Decisions of the Assembly of Elders
1. With the exception of decisions concerning the agendas of week- or day-long sittings and the decisions specified in subparagraphs 8 and 9 of Article 36 of this Statute, the decisions of the Assembly of Elders shall be consultative with regard to the Seimas and the Board of the Seimas.
2. Consultative decisions of the Assembly of Elders, as well as the decisions concerning the organisation of the work of the Assembly itself shall be adopted by simple majority vote of the members of the Assembly of Elders of the Seimas taking part in the meeting.
3. Decisions concerning drafts of the work programme of a Seimas session, agendas of week- or day- long sittings shall be adopted provided that they are opposed by no more than 1/3 of the members of the Assembly of Elders participating in the meeting of the Assembly of Elders.
4. If any item of the agenda is adopted by majority vote, but is opposed by more than 1/3 of the members of the Assembly of Elders, they shall be submitted to the Seimas as recommendations.
5. Decisions of the Assembly of Elders shall be recorded in the minutes of the meetings, which shall be signed by the chairman of the meeting of the Assembly of Elders.
Chapter VIII
Parliamentary Groups and Interim Groups of the Seimas
Article 38. Right to Form Parliamentary Groups and Working Procedure
of the Parliamentary Groups
1. The Seimas Members shall form parliamentary groups voluntarily, not restricted by any mandates. Parliamentary groups may not be established on the basis of professional or local interests.
2. A parliamentary group shall consist of at least 7 Seimas Members. Each Seimas Member may be a member of only one parliamentary group.
3. The elder of a parliamentary group, his deputy or the member of a parliamentary group authorised by it shall have the right to represent in the Seimas such a part of the Seimas Members, established by this Statute, which their parliamentary group forms in the Seimas.
4. Parliamentary groups shall establish their own working procedure, provided that it does not contradict this Statute.
5. Parliamentary groups may join into coalitions which may act as one parliamentary group.
Article 39. Announcement of the Establishment of Parliamentary Groups
1. The Seimas Members who formed a parliamentary group shall present an application signed by them to the Chairman of the Seimas during the session. The name of a parliamentary group, as well as the names of the elder and deputy elders must be stated in this application.
2. If a parliamentary group formed by the Seimas Members complies with the requirements of this Statute, the Chairman of the Seimas must within one week announce the establishment of this parliamentary group at a Seimas sitting.
3. The Chairman of the Seimas shall be notified in writing of any changes in the name, composition or leadership of a parliamentary group, the termination of the activities of a parliamentary group or its break-up, as well as the formation of a coalition of the parliamentary groups no later than on the following working day. The Chairman of the Seimas shall announce such information at the next Seimas sitting.
Article 40. The Majority and Minority of the Seimas
1. The parliamentary groups of the Seimas whose total number of the members is more than half of the Seimas Members and which have signed a joint action declaration or coalition Government agreement shall be considered the majority of the Seimas.
2. Opposition and other parliamentary groups which do not belong to the majority of the Seimas, as well as a mixed group of the Seimas Members shall be considered the minority of the Seimas.
Article 41. Opposition Parliamentary Groups
1. Parliamentary groups of the Seimas Members or their coalitions which disagree with the Government programme may declare themselves Opposition parliamentary groups.
2. The parliamentary groups or their coalitions which proclaim in the Seimas the political declarations wherein the provisions distinguishing them from the majority of the Seimas are laid down, shall be considered Opposition parliamentary groups.
3. Opposition parliamentary groups or their coalitions shall announce alternative Government programmes.
4. Opposition parliamentary groups and their coalitions shall be guaranteed all the rights of parliamentary groups and coalitions which are provided for in the Statute of the Seimas. No reason may provide for the restriction of such rights.
5. If an Opposition parliamentary group or their coalition has more than ½ of the Seimas Members belonging to the minority of the Seimas, the elder of such parliamentary group or the head of the coalition shall be named the leader of the Seimas Opposition. The Opposition leader shall enjoy additional rights of an Opposition leader provided for in this Statute.
6. Proposals of the parliamentary groups for State institutions shall be consultative. State institutions, except courts, must discuss them and reply in writing.
Article 42. Interim Groups
1. Seimas Members may form interim groups for the implementation of common interests concerning a concrete matter.
2. Such group shall be considered to be formed when an application is submitted to the Chairman of the Seimas, signed by no less than 5 Seimas Members.
3. When considering this concrete matter, the interim group of the Seimas Members shall make use of the rights of a parliamentary group, which are specified in Articles 104, 108, and 109 of this Statute.
PART III
COMMITTEES AND COMMISSIONS OF THE SEIMAS
Chapter IX
Procedure for the APPOINTMENT Of
THE COMMITTEES OF the Seimas
Article 43. List of the Committees of the Seimas
The following committees shall be appointed in the Seimas:
1) Environmental Protection;
2) Audit;
3) the Budget and Finance;
4) Economics;
5) European Affairs;
6) the Development of Information Society;
7) Rural Affairs;
8) National Security and Defence;
9) Social Affairs and Labour;
10) Health Affairs;
11) Education, Science and Culture;
12) Legal Affairs;
13) Foreign Affairs;
14) State Administration and Local Authorities; and
15) Human Rights.
Article 44. Appointment of the Committees of the Seimas
1. Seimas committees shall be formed during the first session, except for the case specified in paragraph 2 of this Article.
2. The Committee on European Affairs shall be set up in accordance with the procedure laid down in Article 441 of this Statute.
3. Upon the receipt of a draft resolution submitted by the Chairman of the Seimas, at each next regular session changes in the composition of the committees shall be approved by adhering to the principle of proportional representation of the parliamentary groups, a new committee shall be set up or committees shall be set up anew.
4. Committees shall be made up of no less than 7 and no more than 17 Seimas Members (with the exception of the Committee on European Affairs and the Committee on Foreign Affairs) according to the proportional principle of representation of the parliamentary groups. The exact number of members of each committee shall be determined by a resolution of the Seimas.
5. Then the Assembly of Elders shall approve the norms of representation of the parliamentary groups and the mixed group of the Seimas Members in all committees in compliance with the principle of their proportional representation.
6. The parliamentary groups and the mixed group of the Seimas Members shall distribute among themselves seats in the committees, according to the number of seats approved by the Assembly of Elders.
7. The Seimas members who have the permission to work with or get access to classified information may be members of the Committee on National Defence and Security.
8. Parliamentary groups, taking into consideration the requests and competence of their members, shall recommend to the committees as many members as they are accorded seats. In the event that the wish of a Seimas Member to become a member of a particular committee, expressed in his application, does not comply with the principle of proportional representation of parliamentary groups, the Seimas may adopt a resolution to appoint a Seimas Member to a committee other than the one indicated in his application. Applications of the parliamentary gr …
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