📄 Įstatymo tekstas
Official translation
Official translation
SEIMAS OF THE REPUBLIC OF LITHUANIA
S T A T U T E
17 February 1994, No.I-399
(As amended by 11 November 1997, VIII-508)
Vilnius
I PART
STATUS OF THE SEIMAS MEMBER
Chapter 1. The Powers and Oath of the Seimas Member
Article 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 by this Statute, and other rights and duties of a Seimas member - also by other laws of the Republic of Lithuania (hereinafter referred to as laws).
In carrying out his duties, a Seimas member shall act in compliance with the Constitution, laws, interests of the State, his own conscience, and may not be restricted by any mandates. (Amended 19 December 1995)
Article 2. The term of office of a Seimas member shall commence from the day that the newly-elected Seimas convenes for the first sitting. The powers of the previously elected Seimas member shall expire upon commencement of said sitting.
Elected Seimas member shall only acquire all of the rights of a representative of the nation upon taking an oath in the Seimas to be loyal to the Republic of Lithuania. A Seimas member who has not taken an oath shall not be entitled to the rights provided for in Chapter 2 of this Statute, shall not be provided with maintenance and guarantees of his activities under Chapter 3, and shall not receive the salary of a Seimas member.
Article 3. The text of the oath of the Seimas member shall read as follows:
"I (full name)
swear to be faithful to the Republic of Lithuania;
swear to respect and observe its Constitution and laws, and to protect the integrity of its territory,
swear to the best of my ability to strengthen the independence of Lithuania, and to conscientiously serve my Homeland, democracy, and the well-being of the people of Lithuania.
So help me God!
The oath may be taken omitting the last sentence.
Article 4. The oath of the Seimas member shall be administered by the Chairperson of the Constitutional Court of the Republic of Lithuania (hereinafter referred to as the Constitutional Court), or, in the absence of the Chairperson or in the event that the Chairperson is temporarily unable to discharge his or her duties, by the acting judge of the Constitutional Court.
Each Seimas member shall take the oath while standing in front of the person who is administering the oath and reading the oath, holding his or her hand on the Constitution.
Upon reading the entire text of the oath, each Seimas member shall sign the nominal oath sheet.
Nominal oath sheets shall be handed over to the Chairperson 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. (Amended 19 December 1995)
Article 5. The Seimas member who does not take the oath in the manner prescribed by law, or who take a conditional oath, shall lose the mandate of the Seimas member. The Seimas shall adopt a resolution thereon.
The text of the oath may not be amended or changed with the exception of the omission of the last sentence. The Seimas member who do not comply with this provision, who refuse to sign the nominal oath sheet, or who sign the sheet with a stipulation, shall not be considered to have taken the oath. In such cases, the Seimas member shall lose the mandate pursuant to Article 59 of the Constitution.
The Seimas member whose powers were terminated pursuant to the Constitution and laws and who has again become a Seimas member must take the oath again.
A Seimas member must take an oath not later than within a month from the first sitting attended by him.
Article 6. The duties of a Seimas member, with the exception of his/her duties in the Seimas, shall be incompatible with any other duties or jobs in State institutions and organisations as well as in business, commercial and other private institutions and enterprises. For the term of office, a Seimas member shall be exempt from the duty to perform national defence service.
A Seimas member may be appointed only as Prime Minister or Minister.
Article 7. A Seimas member shall have a certificate of Seimas member and a Seimas member badge which shall be used by him/her during the period of his/her term of office. This certificate shall be presented to a Seimas member after the proclamation of results of election, and a badge - after taking an oath.
Samples of the Seimas member badge shall be approved by the Seimas Board.(Amended 19 December 1995)
Article 8. The powers of a Seimas member shall be terminated:
1) upon the expiration of the term of his/her powers, or when the Seimas elected in pre-term elections convenes for its first sitting;
2) upon his/ her death;
3) upon his or her resignation;
4) if he or she is declared legally incapable by the court;
5) if the Seimas revokes his or her mandate in accordance with impeachment proceedings;
6) if the election is recognised as invalid, or if the law on election is grossly violated;
7) if he or she takes a job, or does not resign from a job which is incompatible with the duties of a Seimas member within 3 months;
8) if he or she is deprived of citizenship of the Republic of Lithuania.
Chapter 2. The Activities of the Seimas Member
Article 9. A Seimas member shall, in the manner prescribed by this Statute, have the right to:
1) vote on all issues considered at the sittings of the Seimas, committee or commission of which he/she 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/her motions, observations, amendments, vocally or in writing;
4) submit the text of his/her speech, which has not been made, to the chair of the sitting for inclusion into the shorthand record of the sitting;
5) propose the consideration of issues to the Seimas;
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, during sittings of the Seimas, questions to reporters and supplementary reporters;
8) make statements and remarks, speak on voting motives, put motions relative to the conduct of the sitting, the procedure, prejudicial questions;
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 of the Seimas Board and the meeting of Spokespersons, resolutions passed by other institutions of state power and government;
10) participate in the sittings of all committees and commissions of the Seimas and as necessary to participate in the sittings of the state power and government institutions at which issues submitted by him/her are discussed, as well as upon advance notice, in other sittings at which the issues he/she is interested in are discussed, except the issues concerning state secrets, the procedure for the consideration thereof shall be established by laws;
11) submit inquiries to the members of the Government, the heads of other state institutions, and to submit questions to them and to the Seimas officers; and
12) no more frequently than once in a month make use of state radio and television on issues of his activities free of charge. (Amended 19 December 1995)
Article 10. The Seimas member must participate in Seimas sittings during the voting which has been planned in advance. A voting which was announced at least one working day prior to the day of the voting shall be considered to have been planned in advance.
Each member of the Seimas, with the exception of the members of the Seimas Board and the Government, must be a member of a committee and must participate in the work thereof, and also a substitute for another member of the committee. The Speaker of the Seimas may not be a member of a committee or a substitute for a committee member. A single Seimas member may be a member of only one committee and a substitute for only one committee member, except participation in the Committee on European Affairs. (Amended 23 February 1995, 19 December 1995 and 1 July 1997)
Article 11. While participating in sittings of the Seimas, committees and commissions, a Seimas member must adhere to this Statute.
If a Seimas member cannot attend a sitting of the Seimas during which a voting has been planned for in advance, he/she must inform the secretariat of the sittings thereof, stating the reason for absence.
If a Seimas member cannot attend a sitting of the committee or commission, he/she must inform the chairperson of the committee or commission, and in the chairperson's absence -- the deputy chairperson.
Upon returning from a business trip, a Seimas member must present a report to the Seimas Board or the committee of which he/ she is a member concerning the fulfilment of assignments. (Amended 19 December 1995)
Article 12. The Seimas member must regularly hold meetings with his/her constituents. He/she shall have the right to invite officers of state institutions and local authorities, as well as members of municipal councils to participate in the meetings.
A Seimas member shall consider proposals, appeals and complaints and, as necessary, shall refer them to state institutions for consideration. Complaints of voters which fall within competence of a Seimas ombudsman, may be referred to a Seimas ombudsman for investigation. They shall be considered according to the procedure established in the Law on Seimas Ombudsmen.
All officers and heads of enterprises, institutions and organisations to whom a Seimas member's appeal was addressed or to whom proposals, appeals and complaints of voters were referred by a Seimas member must consider them and reply to a Seimas member not later than within 20 days of the receipt thereof. (Amended 28 June 1995 and 19 December 1995)
Chapter 3. Maintenance and Guarantees of the Activities of Seimas Members
Article 13. Local governments and their executive bodies, as well as heads of state enterprises, institutions and organisations, must provide Seimas members with conditions enabling them to meet with constituents, must notify them of the time and place of such meetings, and must provide them with other necessary assistance and information.
Respective local governments must allot and maintain permanent premises for Seimas members elected in a single-candidate areas to receive constituents. As necessary, local governments must allot properly arranged premises for Seimas members elected in multi-candidate electoral areas to receive constituents and hold meetings
The Seimas member shall have the right to demand to be received without delay at state enterprises, institutions and organisations concerning issues which pertain to his/her activities, as well as the right to be provided with necessary information.
The Seimas member shall have the right to unrestricted access of all enterprises, institutions and organisations. The visitation procedure for enterprises, institutions and organisations whose activities are associated with state secrets shall be established by laws.
Article 14. Upon establishing that civil rights and laws have been violated, a Seimas member shall have the right to directly demand that the violation be corrected, or may address the appropriate institutions and officers. Violations shall be indicated in the minutes taken together with the representatives of law enforcement or control body.
If the legitimate demands of a Seimas member are not carried out, a disciplinary punishment may, according to the procedure established by law, be imposed on the officer who is responsible;
Article 15. Compensation for the work of the Seimas member, as well as expenses related with their parliamentary activities, shall be covered by the State Budget.
The salary of Seimas members and the procedure for payment thereof shall be established by the Seimas. The resolution concerning changes in the salaries of Seimas members shall become effective only from the day that the next newly-elected Seimas convenes for the first sitting.
Seimas members who at the same time hold office at the Seimas shall be paid supplemental salaries, the amount of which shall be established by the Seimas, for their work. The Seimas member may not receive any other salary, with the exception of payment for creative activities. Payments made to Seimas members for creative activities shall comprise royalties for works of art and the performance thereof, for the material for radio and television programmes, as well as payment for pedagogical and scientific work performed by Seimas members not during the sittings of the Seimas, its committees and commissions.(Amended 19 December 1995)
Article 16. The Seimas member shall be entitled to have personal or joint secretary-assistants with other members of his/her respective parliamentary group, whose salaries shall be paid from the State Budget; he/she shall be also entitled to have assistants who work on a voluntary basis.
Seimas members shall be allocated additional funds for the reimbursement of office, postal, telephone, telegraph, transportation, and other expenses incurred from parliamentary activities - the amount and the procedure for payment thereof shall be established by the Seimas Board.
A Seimas member who does not have a place of residence in Vilnius or who has the right to state support for the acquisition of a place of residence in Vilnius, shall be provided, free of charge and together with his/her families, with a place of residence in Vilnius for the term of office. At the same time said member shall retain the right to use rented quarters in their permanent place of residence. Upon the expiration of the term of his/her powers, a Seimas member must within a month vacate the place of residence with which he/she has been provided for the term of his/her powers. After a lapse of one month the former Seimas member who has not vacated the place of residence shall be evicted administratively.
Seimas members who have the right to state support for the acquisition of a place of residence shall retain this right and may remain on the list to acquire state support.
The Seimas member shall use the diplomatic passport on trips abroad, and Lithuanian diplomatic missions abroad must provide him with necessary assistance.(Amended 28 June 1995 and 19 December 1995)
Article 17. Upon expiration of the term of office and in the cases specified in paragraphs 1 and 3 of Article 8 of this Statute, Seimas members must be provided with the job or office which they held in state institutions, enterprises and organisations prior to the elections, except to be elected to governmental institutions and be a member of the Government, and if such is not possible due to the abolition of former office or the liquidation of the enterprise, institution, or organisation, the Seimas member shall be provided with another equivalent job or office in the same institution, enterprise, or organisation, or, if the Seimas members agrees, in another enterprise, institution, or organisation.
The period of parliamentary activity of Seimas members shall be included in the total length of service.
The election of Seimas members shall not interrupt membership in creative unions or in unions of free professions.
Article 18. Persons and officers who prevent a Seimas member from carrying out his or her powers, or who encroach upon the life health, honour, or dignity of a Seimas member as a representative of the people, shall be liable according to laws.
Chapter 4. Discipline and Immunity of Seimas Members
Article 19. It shall be prohibited to use the mandate of the Seimas member for purposes other than the interests of the Nation, State and the constituents.
This provision violating the activities of the Seimas member must be analysed by the Commission of Ethics and Procedures or a special investigation commission set up for this purpose and for the preparation of findings.
Article 20. The Commission of Ethics and Procedures shall analyse the reasons for which the Seimas members are not participating during planned voting and shall decide whether such reasons are justifiable; the salaries of such Seimas members may be decreased according to the procedure established by the Seimas, and upon the decision of the Commission of Ethics and procedure, their names may be announced in the press. (Amended 23 February 1995)
Article 21. If during a sitting a Seimas member begins to argue with Seimas members or other participants in the sitting or creates a disturbance in the hall, he or she may be called to order by the officer presiding over the sitting.
If said persons does not heed the warning of the officer presiding over the sitting, the warning may be recorded in the minutes of the sitting. Warnings recorded in the minutes of the sitting may be immediately administered to the Seimas member as a public threat to colleagues, as assault of a Seimas member or a group thereof, or as dishonesty in voting or violation of the principle of personal voting.
Such warnings shall be administered by the officer presiding over the Seimas sitting or on the motion of the Commission of Ethics and Procedures without debate and by simple majority vote of the Seimas members participating in the sitting. A Seimas member to whom administration of such warning is proposed, shall have the right to explain his or her actions to the Seimas for a maximum of 3 minutes prior to the voting.
Article 22. The Seimas may temporarily dismiss a Seimas member from the chamber if he or she:
1) continues, after being called to order, to interrupt the work of the Seimas;
2) during a sitting, calls for the use coercion or uses it personally;
3) publicly assaults or threatens the President of the Republic, the Seimas, the Speaker of the Seimas, Seimas members, the Government, or the Prime Minister during a sitting.
Decisions concerning the expulsion of a Seimas member from the chamber shall be adopted without debate and by simple majority vote of the members of the Seimas participating in the sitting on the proposal of the officer presiding over the sitting or of the Commission of Ethics and Procedures.
The term of temporary expulsion from the chamber shall be established by the Seimas in each case, but may not be more than 2 day of a sitting. If the term is not indicated, it shall be assumed that the Seimas member is expelled until the end of the sitting. During the period of expulsion from the chamber, the expelled Seimas member may not participate in voting.
If a Seimas member who has been dismissed from the chamber refuses to heed the order, the sitting shall be temporarily interrupted and security officers shall escort said Seimas member to the chamber door. In such a case, the term of expulsion from the chamber may be extended for the period of 5 sittings.
Article 23. The person of a Seimas member shall be inviolable.
A Seimas member may not be persecuted for his or her voting or speeches in the Seimas, however, legal actions may be instituted against Seimas members according to the general procedure if they are guilty of personal insult or slander.
A Seimas member may not be found criminally responsible, may not be arrested, and may not be subjected to any other restrictions of personal freedom without the consent of the Seimas, except in cases when he or she is caught in the act of committing a crime (in flagrante delicto). In such cases the Prosecutor General must immediately notify the Seimas thereof.
A Seimas member who refuses to give evidence in a criminal case, shall, on the decision of the Seimas, be brought to court to give evidence.
Article 24. After the Seimas has heard the report of the Prosecutor General concerning the crime committed by a Seimas member, it shall decide whether to form an investigatory commission for the consent to take criminal action against a Seimas member, or to initiate preliminary actions of the impeachment proceedings according to the procedure established in Part 8 of this Statute. If the Seimas decides to form an investigatory commission for the consent to take criminal action against a Seimas member, then the commission shall be formed according to the procedure provided for in Article 77 of this Statute. When investigating the issue concerning the deprivation of the inviolability of the person of a Seimas member, the commission must hear said Seimas member or other Seimas member authorised thereby and a representative from the Prosecutor's Office.
After the investigatory 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.
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. (Amended 28 June 1995)
II PART
STRUCTURE OF THE SEIMAS
Chapter 5. General Issues of Structure
Article 25. Sittings of the Seimas shall be presided over by the Speaker of the Seimas or a Deputy Speaker. There shall not be more than five Deputy Speakers of the Seimas. The competence of the Seimas Speaker and Deputy Speakers shall be defined by the Constitution and this Statute. The drafting of the Seimas documents shall be monitored by the Chancellor of the Seimas. On the recommendation of the Seimas Speaker, one of the Deputy Speakers of the Seimas shall be appointed the first Deputy Speaker of the Seimas.
Seimas member who is elected Seimas Speaker or is serving as acting Speaker must suspend his activities in a parliamentary group of Seimas members. (Amended 28 June 1995 and 26 November 1996)
Article 26. 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.
A Commission of Ethics and Procedure and an Administrative Commission shall be formed in the Seimas. For resolving short-term issues or issues of narrower scope, and for carrying out concrete assignments, the Seimas may, from among its members, form investigatory, control, auditing, preparatory, drafting and other ad hoc commissions. The Seimas Board may also form preparatory, drafting ad hoc commissions, and the Assembly of Spokespersons - co-ordinating commissions.
The work of the committees and commissions shall be directed by the respective chairpersons thereof. (Amended 19 December 1995)
Article 27. Members of the Seimas may form parliamentary groups according to the procedure established by this Statute for implementing their political goals. A parliamentary group of Seimas members shall be headed and represented in the Seimas by its Spokesperson or deputy Spokesperson; every member of the Seimas authorised by a parliamentary group may speak out on behalf of the parliamentary group. The rights of parliamentary groups of Seimas members shall be established by this Statute.
Seimas members who have not been registered in parliamentary groups shall be considered as members of one mixed group of Seimas members. The mixed group of Seimas members shall be granted all of the rights of a parliamentary group provided for in this Statute.
Seimas members may form interim groups in the procedure established by this Statute. (Amended 19 December 1995)
Article 28. 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 Seimas Speaker, if he requests so.
The Board of the Seimas shall consist of the Speaker, Deputy Speakers, and the Chancellor of the Seimas.
Generally, one or two representatives of the Seimas minority shall be on the Board of the Seimas. (Amended 28 June 1995, 19 December 1995 and 26 November 1996)
Article 29. The Seimas shall have an Assembly of Spokespersons comprising the members of the Seimas Board and representatives of the parliamentary groups. Each parliamentary group shall appoint one representative for every ten members of the group to the Assembly of Spokespersons. In addition, each parliamentary group shall appoint to the Assembly of Spokespersons one representative for the remaining segment of fewer than ten members of the parliamentary group, provided that said segment of fewer than ten members shall comprise more than five Seimas members. Parliamentary groups consisting of fewer than ten members shall each appoint one representative to the Assembly of Spokespersons.
The principal task of the Assembly of Spokespersons shall be to consider and approve the work programmes of the Seimas session and the agendas of sittings, to co-ordinate issues concerning the organisation of the work of the Seimas Committees and parliamentary groups, and to submit drafts of the decisions on said issues to the Seimas and the Board, and give advice to the Seimas Speaker, if he requests so. (Amended 19 December 1995 and 26 November 1996)
Chapter 6. The Seimas Speaker, Deputy Speakers, Chancellor, and Board
Article 30. The Speaker of the Seimas of the Republic of Lithuania shall:
1) direct the work of the Seimas and represent the Seimas;
2) within 10 days following the enactment, certify with his or her signature the authenticity of the text of the law passed by the Seimas and refer it to the President of the Republic, sign the Statute of the Seimas and amendments thereto, as well as 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 date on which they were submitted to the President of the Republic, and proclaim them;
21) sign the resolutions of the Seimas and other acts passed by the Seimas, the minutes of sittings of the Seimas, as well as the decisions of the Seimas Board; (Supplemented 19 December 1995)
3) temporarily carry out the duties of the President of the Republic and temporarily fill in for the President of the Republic in the cases specified in Article 89 of the Constitution;
4) propose candidates to the posts of Deputy Speakers and the Chancellor of the Seimas to the Seimas;
5) propose candidates to Constitutional Court judges to the Seimas in accordance with the procedure established by the Constitution;
6) nominate to the Seimas the candidatures of the Seimas ombudsmen and the head of the Seimas ombudsmen's office for appointment;
7) submit candidates for appointment to the posts of heads and deputy heads of State institutions to the Seimas, unless the Constitution and laws provide otherwise;
8) preside over the sittings of the Seimas and the Seimas Board;
9) submit drafts of the work programmes of a session and draft agendas of week- or day-long sittings to the Assembly of Spokespersons; and
10) submit draft agendas of the sittings of the Seimas Board. (Amended 19 December 1995)
Article 31. In carrying out his or her duties, the Speaker of the Seimas shall issue decrees.
The Speaker of the Seimas, or, in the absence of the Speaker, the Deputy Speaker, may voice his or her opinion or the opinion of the Seimas Board on the issue under consideration out of turn, provided that he or she is not presiding over the sitting.
The Speaker of the Seimas, the Deputy Speakers and the Chancellor of the Seimas shall, during a session at least once a month, answer questions submitted in writing beforehand by members of the Seimas concerning the performance of their duties.
Article 32. Deputy Speakers shall discharge the functions assigned to them by the Seimas Speaker. If necessary the Seimas Speaker may charge one of the Deputy Speakers to substitute the Seimas Chancellor. On the recommendation of the Speaker the Seimas Board may determine and change the guidelines of the activities of the Deputy Speakers.
In the event that the Speaker of the Seimas is temporarily absent or has fallen ill and by reason thereof is temporarily unable to fulfil his or her duties of office, said duties shall be performed by the first Deputy Speaker of the Seimas or, on a mandate from the Seimas, by another Deputy Speaker for a specified period.
If, in the cases specified in Article 89 of the Constitution, the Speaker of the Seimas is temporarily carrying out the duties of the President of the Republic, and as a result thereof has lost his or her powers in the Seimas, the duties of the Speaker of the Seimas shall be temporarily carried out by a Deputy Speaker at the behest of the Seimas.
The resolution (preliminary or adopted for a concrete case) concerning the temporary performance of the duties of the Speaker of the Seimas or substituting the Speaker of the Seimas shall be adopted by the Seimas on the motion of the Seimas Speaker. (Amended 19 December 1995 and 26 November 1996)
Article 33. The Seimas Chancellor shall:
1) supervise the drafting of the documents of the Seimas and the Seimas Board, the consideration of the submitted draft laws;
2) supervise the consideration of issues, inquiries and interpellations submitted to the Government and the heads of other State institutions;
3) consider the issues raised by members of the Seimas concerning the functioning of the Seimas apparatus; supervise the implementation of the decisions of the Seimas Board by the divisions of the Seimas apparatus as well as their compliance with the provisions and internal rules which regulate the functioning thereof;
4) assist the Speaker of the Seimas in preparing the draft of the session work programme as well as draft agendas for week- and day-long sittings;
5) assist the Speaker of the Seimas in preparing draft agendas for sittings of the Seimas Board as well as the material on issues subject to consideration;
6) work out draft agendas for the Assembly of Spokespersons;
7) visa official documents prior to their being submitted to the Speaker of the Seimas for signing and, within the limits of his or her competence, sign official documents;
8) be responsible for the use and keeping of the Seimas Seal bearing the State Emblem;
9) propose members to the tellers' group in accordance with the procedure provided for in this Statute;
10) regularly submit summarised data to the Seimas concerning proposals, wishes and letters addressed by voters to the Seimas;
11) in conjunction with 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 the sittings of the parliamentary groups; and
12) resolve issues concerning the employment or dismissal of assistants-secretaries of Seimas members. (Amended 28 June 1995)
Article 34. The sittings of the Seimas Board shall be convened and presided over by the Speaker of the Seimas.
Other members of the Seimas, as well as permanent representatives of the President of the Republic and the Government, may participate in the sittings of the Board as observers. Other individuals may also be invited to sittings of the Board.
Issues for consideration may be submitted to the Seimas Board by the Board members, committees, parliamentary groups, Administrative commission, Commission of Ethics and Procedure, and the Head of Seimas Personnel.
Draft documents of the Seimas Board which are submitted for consideration shall be signed by their initiators and handed over to the Chancellor of the Seimas who shall prepare the agenda of the sitting based thereon.
Article 35. Decisions of the Seimas Board shall be adopted by open vote and simple majority of those in attendance, provided that the sitting of the Seimas Board is attended by at least half of Board members. A tie vote shall be decided by the vote of the Speaker of the Seimas or, in the absence of the Speaker, of the Deputy Speaker who is presiding over the sitting.
The members of the Seimas shall be informed of the decisions of the Seimas Board 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.
Committees and parliamentary groups may appeal against the decisions of the Seimas Board to the Seimas, if they think that 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 Commission on Ethics and Procedure. (Amended 19 December 1995 and 26 November 1996)
Article 36. The Seimas Board shall:
1) distribute funds of the Seimas provided for in the State Budget, discuss and approve estimated expenses of the Seimas;
2) on the motion of the committees, consider and send the Seimas members on business trips with tasks of the Seimas, the Board, and committees;
3) on the motion of parliamentary committees and groups, consider and approve of trips of Seimas members during session which are not financed from the funds of the Seimas;
4) when necessary, consider draft work programmes of the Seimas session and draft agendas of week- or day-long sittings, and submit findings to the Assembly of Spokespersons or the Seimas;
41) call extraordinary sittings of the Seimas, set the time of the sittings; (Supplemented 23 February 1995)
5) when necessary, form working groups for drafting laws and carrying out the assignments of the Seimas or the Seimas Board;
6) this item shall be held to be invalid;
7) assist in organising the joint work of committees on issues which fall within the competence of several committees;
8) appoint and dismiss the Head of Seimas Personnel, who shall be responsible and accountable to the Board;
9) approve the structure of the Seimas apparatus, draw up a list of the staff of the Seimas apparatus, and fix the salaries thereof;
10) on the motion of the Head of Seimas Personnel, appoint and dismiss the heads and deputy heads of all the divisions of the Seimas apparatus;
11) approve the bylaws of the divisions of the Seimas apparatus, the regulations of internal activities and the instructions for office-work; and
12) 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. (Amended 23 February 1995 and 19 December 1995)
Chapter 7. Assembly of Seimas Spokespersons
Article 37. During session, the sittings of the Assembly of Spokespersons shall be organised regularly, usually twice a week at a time specially allocated for this purpose. Extraordinary sittings of the Assembly of Spokespersons shall be organised at the request of the Speaker of the Seimas, the Board, the Chairperson of the Assembly of Spokespersons, or at least 1/3 of the members of the Assembly of Spokespersons. The members of the Assembly of Spokespersons shall be given notice of the time and agenda of extraordinary sittings at least 6 hours prior to the beginning thereof.
Sittings of the Assembly of Spokespersons shall be chaired by the chairperson; the duties of the chairperson, according to the schedule approved by the Assembly of Spokespersons, shall be discharged in turn by the spokespersons of each parliamentary group for one week. The opening sitting of the Assembly of Spokespersons held during the first session shall be presided by the eldest parliamentary group spokesperson.
Article 38. During its sittings, the Assembly of Spokespersons shall:
1) consider and co-ordinate rising contradictions related to the work programme of a session;
2) consider and approve the agendas of the forthcoming week- or day-long sittings;
3) consider and co-ordinate contradictions concerning other organisational issues of the work of the Seimas;
4) hear the proposals of the chairpersons of committees and Spokespersons of the parliamentary groups on mutual relations between committees and parliamentary groups and submit proposals thereon to the Seimas or the Board;
5) submit recommendations to the Seimas Board concerning the resolution of issues which are ascribed to its competence; and
6) perform the function of a co-ordinating (conciliatory) committee in the event of principal disagreements concerning key issues considered in the Seimas. (Amended 19 December 1995)
Article 39. With the exception of resolutions concerning the agendas of the forthcoming week- or day-long sittings, the resolutions of the Assembly of Spokespersons shall be consultative with regard to the Seimas and the Seimas Board.
Consultative resolutions of the Assembly of Spokespersons as well as resolutions concerning the organisation of the work of the Assembly itself shall be adopted by simple majority vote of the members of the Seimas taking part in the sitting. Resolutions concerning the draft work programme of the Seimas session, as well as draft agendas of the forthcoming week- or day- long sittings shall be adopted provided that they are opposed by no more than 1/3 of the member of the Assembly of Spokespersons participating in the sitting of the Assembly of Spokespersons. 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 Spokespersons, they shall be submitted to the Seimas as recommendations.
Resolutions of the sittings of the Assembly of Spokespersons shall be recorded in the minutes of the sitting, which shall be signed by the chairperson of the sitting of the Assembly of Spokespersons.
Questions for consideration ascribed to the competence of the Assembly of Spokespersons may be proposed and submitted to the Seimas Chancellor by the members of the Assembly of Spokespersons, the Government, as well as other members of the Seimas who submit draft laws. The draft agenda of sittings of the Assembly of Spokespersons shall be drawn up by the Chancellor of the Seimas according to such proposals.
Other members of the Seimas as well as permanent representatives of the President and Government may attend sittings of the Assembly of Spokespersons with the right of observers. Other individuals may also be invited to sittings of the Assembly of Spokespersons.
Chapter 8. Parliamentary Groups and Interim Groups of the Seimas
(Amended 19 December 1995)
Article 40. Seimas members shall form parliamentary groups voluntarily, not restricted by any mandates. Parliamentary groups may not be established on the basis of professional or internal interests.
A parliamentary group shall consist of at least three Seimas members. A member of the Seimas may be a member of only one parliamentary group.
The spokesperson of the parliamentary group, deputy spokesperson or the member of the 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.
Parliamentary groups shall establish their own working procedure, provided that it does not contradict this Statute.
Parliamentary groups may join into coalitions which may act as one parliamentary group.
Article 41. Seimas members who wish to form a parliamentary group shall present an application signed by them to the Seimas Speaker during the session. The name of the parliamentary group, as well as the names of the spokesperson and deputy spokespersons must be stated in this application.
If a parliamentary group formed by Seimas members complies with the requirements of this Statute, the Seimas Speaker must within one week announce the establishment of this parliamentary group at the Seimas sitting.
The Seimas Speaker shall be notified in writing of any changes in the composition, leadership, or name of a parliamentary group, of the termination of the activities of a parliamentary group or of its break-up, as well as of formation of the coalition of the parliamentary groups no later than on the following working day; the Seimas Speaker shall announce such information at the next Seimas sitting.
Article 42. Parliamentary groups or their coalitions which disagree with the Governmental programme may declare themselves Opposition parliamentary groups.
To this effect, Opposition parliamentary groups or their coalitions shall proclaim in the Seimas political declarations where the provisions distinguishing them from the parliamentary majority shall be set forth. Opposition parliamentary groups or their coalitions shall announce alternative Governmental programmes.
Opposition parliamentary groups or their coalitions shall be guaranteed all the rights of parliamentary groups or coalitions which are provided for in this Statute. No reason may provide for the restriction of such rights.
The spokesperson of one parliamentary group constituting a part of an Opposition coalition may be elected the leader of the Opposition coalition; the Seimas shall be given a public notice of such election.
Article 421. Seimas members may form interim groups for the implementation of common interests concerning a concrete matter. Such group shall be considered to be formed when an application is submitted to the Speaker of the Seimas, signed by no less than 5 Seimas members.
When considering this concrete matter, the interim group of Seimas members shall make use of the rights of a parliamentary group, which are specified in Articles 104, 107, 110 and 125 of this Statute. (Supplemented 19 December 1995)
III PART
COMMITTEES AND COMMISSIONS OF THE SEIMAS
Chapter 9. Seimas Committees and the Procedure for
the Establishment thereof
Article 43. Seimas committees shall be formed during the first session.
At the beginning of each regular session, reports on the work of the committee shall be heard, and, as necessary, changes in the membership of the committee shall be made by adhering to the principle of proportional representation of the majority and the minority ( Opposition and other parliamentary groups other than the Seimas majority and mixed parliamentary groups) or committees shall be formed anew.
Article 44. Committees shall be made up of no less than 7 and no more than 17 members of the Seimas according to the proportional principle of representation of the majority and minority. The exact number of members of each committee shall be determined by a decision of the Seimas. Then the Assembly of the Spokespersons shall approve the norms of representation of the majority and minority in all committees according to the number of the Seimas members belonging to the majority and minority. The minority ( the Opposition and other parliamentary groups which do not belong to the Seimas majority, and the mixed group of Seimas members) shall distribute among themselves seats in the committees, according to the number of seats approved by Assembly of the Spokespersons.
Parliamentary groups, taking into consideration the requests and competence of their members, shall recommend to the committees as many members and their substitutes as they are accorded seats. Applications of parliamentary groups bearing the signatures of recommended Seimas members shall be submitted to the Seimas Chancellor.
The Committee on European Affairs shall be made up of no less than 15 members according to the proportional principle of representation of the parliamentary groups. The Seimas members who are on the other committees, and members of the Seimas Board may be members of the Committee on European Affairs.
Each parliamentary group shall submit its candidates to the substitutes for members of the committee, having registered them in numerical order.
The composition of the committees and substitutes for members of committees shall be approved by the Seimas by voting for the entire list of the committee members and the substitutes for the committee members. If the list is not approved, the entire procedure shall begin anew. (Amended 19 December 1995 and 1 July 1997)
Article 45. When a member of a committee does not participate in a sitting of the committee, all of the said member's rights shall be given to the alternate member of the committee of the same parliamentary group who is the first in the list of alternate members.
The Seimas member who is substituting for a member of his parliamentary group in a given committee may not serve as the chairperson or vice-chairperson of that committee while doing so.
Article 46. The committee shall elect its chairperson and deputy chairperson. The committee chairperson and deputy chairperson shall be approved by the Seimas. Usually a representative of the Seimas minority shall be elected chairperson of the Committee on Human and Civil Rights and Nationality Affairs.
In the event that the Seimas does not approve the proposed candidate, the committee must select another candidate. Usually the committee chairperson and deputy chairperson are elected from the representatives of different parliamentary groups, and the total number of chairpersons and deputy chairpersons of the committees accorded to the majority and the minority must be in proportion to the number of Seimas members belonging to them.
A member of the Seimas Board, Seimas member - Government member, the commission chairperson or deputy chairperson may not serve as a committee chairperson and deputy chairperson. The chairperson of the Committee on European Affairs shall be elected from among the Seimas Board members. The chairperson of the Committee on European Affairs shall have deputies whose number shall be established by the Seimas.
When a committee is being reorganised, the chairperson and deputy chairperson of the committee shall be re-elected. A committee may re-elect the chairperson or deputy chairperson at any other time, at the same time applying to the Seimas for approval of the new chairperson or deputy chairperson. In the event that the Seimas does not approve the new chairperson or deputy chairperson, the former chairperson shall remain, and the committee may only apply to the Seimas concerning the same issue during the next regular session. (Amended 19 December 1995, 1 July 1997 and 11 November 1997)
Article 47. For the execution of the main trends of activities, committees may form sub-committees from their members.
Sub-committee must comprise at least 5 members. A sub-committee chairperson shall be elected by the committee and approved by the Seimas. Usually the number of chairpersons of sub-committees accorded to the Seimas majority and minority must be in proportion to the Seimas members belonging to them.
The regulations of the sub-committees shall be approved by the committees. (Amended 19 December 1995)
Article 48. The following committees shall be appointed in the Seimas:
1) Budget and Finance;
2) Economics;
3) Environmental Protection;
4) Rural Development;
5) National Security;
6) Social Affairs and Labour;
7) Health Affairs;
8) Education, Science, and Culture;
9) Legal;
10) Foreign Affairs;
11) Administrative Reforms and Municipalities; and
12) Human and Civil Rights, and Ethnic Affairs; and
13) European Affairs.
(Amended 19 December 1995, 26 November 1996 and 1 July 1997)
Chapter 10. Powers and Working Procedure of the Seimas Committees
Article 49. The trends of activities of the Seimas committees, as well as their powers and working procedure shall be established by this Statute and other laws.
Seimas committees shall be responsible and be accountable to the Seimas.
Committees must during the set time discuss and present findings on matters given to them for consideration, perform other tasks assigned to them by the Seimas. The committees shall be responsible for the timely establishment of necessity of certain laws, for the initiation of the preparation, and the commission of detailed conclusions relative to draft laws.
The activities of the committees shall be co-ordinated by the Chairperson of the Seimas, the Board of the Seimas in accordance with the Seimas session work programmes and committee work plans. (Amended 19 December 1995)
Article 50. The main powers of the committees with respect to issues within their competence are:
1) to debate bills, prepare conclusions, and consider issues referred to the committee;
2) on its own initiative or at the behest of the Seimas, to prepare drafts of the laws and of other legal acts subject to enactment by the Seimas, and to analyse the necessity of new laws or the amendments to laws in effect;
3) to prepare and submit to the Seimas drafts regarding the harmonisation, supplementing or elimination of contradictions in laws;
4) to consider the Government Programme;
5) to consider, within the limits of their competence, candidates for heads of state institutions who are appointed by the Seimas or for the appointment whereof the approval of the Seimas is necessary, as well as candidates for deputy heads, and to consider the dismissal from office of said officers;
6) to consider preliminarily the chapters of the State Budget of the Republic of Lithuania and budget performance accounts;
7) to consider proposals to form and abolish ministries and other state institutions;
8) while performing parliamentary supervision, to hear information and reports furnished by ministries and other state institutions on the manner by which the laws of the Republic of Lithuania and other acts passed by the Seimas are being implemented;
9) to consider proposals of voters and public organisations;
10) to prepare a work plan of the committee co-ordinated with the session work programme;
11) prepare the estimate of the committee expenditures within the amount appropriated for the committee; and
12) to take part in the inter-parliamentary relations of the Seimas. (Amended 28 June 1995 and 19 December 1995)
Article 51. In discussing issues that are within their competence, the committees shall have equal rights and obligations.
Issues which are within the competence of several committees may be prepared and discussed by these committees jointly on their own initiative or at the behest of the Seimas or its Board. For this purpose they may set up joint working groups, hold joint committee sittings which shall be presided over by the chairpersons of these committees in succession.
The committees shall have the right to submit a proposal to the Seimas or its Board concerning the passing over of the issues under discussion to another committee for consideration.
The committee shall have the right to present its opinion on the issue discussed by another committee, as well as to ask another committee to present its conclusions, which must be submitted within 15 days. (Amended 19 December 1995)
Article 52. The Seimas committees shall work according to committee-approved plans which must be co-ordinated with the work program of the session of the Seimas. These work plans shall specify persons responsible for and the terms of implementation. Committee work plans and the agenda of the sittings shall be publicly announced and distributed to the Speaker of the Seimas, the Chancellor of the Seimas.
Committees may confirm the rules of their procedure provided that they do not contradict this Statute. (Amended 19 December 1995)
Article 53. A committee member shall have the right of a decisive vote on all issues which are under consideration in the committee. He shall have the right to propose issues for consideration, and to participate in the preparation and consideration thereof; to propose to invite necessary persons to committee sittings; to submit proposals concerning the inspection of state institutions and the hearing of their information. A committee member shall have the right to get acquainted with all documents and other material received by the committee, and, as necessary, to make use of them in their work. (Amended 19 December 1995)
Article 54. The chairperson of the committee shall:
1) convene sittings of the committee and see that necessary documents and other material be prepared for them;
2) assign, according to the approved work plans and decisions of the committee, tasks to the committee members, and provide them with material and documents relating to the activities of the committee;
3) for the execution of the work plan of the committee, organise members of the committee to work in preparatory commissions and working groups, and to discharge other tasks of the committee;
4) invite necessary persons to participate in the sittings of the committee;
5) preside over sittings of the committee;
6) sign the resolutions of the committee, the findings and minutes of the sittings, as well as the draft laws prepared by the committee which are submitted to the Seimas or the public for consideration, and shall visa adopted laws and other legal acts of the Seimas prepared by the committee;
7) represent the committee in its work with other state institutions and public organisations;
8) organise the implementation of the committee's resolutions;
9) regularly notify members of the committee of received law drafts, new assignments for the committee, the execution of the resolutions of the committee, consideration of their recommendations, and work in representing the committee.
10) notify the Commission of Ethics and Procedure of members who do not attend sittings of the committee and who are not fulfilling the assignments set forth in paragraph 2 of this Article;
11) co-ordinate the activities of the subcommittees of the committee.
At the behest of the chairperson of the committee, a vice-chairperson shall discharge certain functions of the chairperson. The vice-chairperson shall fill in for the chairperson when the chairperson cannot discharge his or her functions because of temporary absence or illness.
Article 55. Committee sittings shall be organised as necessary during the session, but not less than once a week and usually on Wednesdays. Committee sittings shall not be organised during sittings of the Seimas. Between ordinary sessions of the Seimas, there shall normally be a one-month adjournment in the work of the committees.
Committee sittings shall be called on the initiative of the committee chairperson or at the request of more than one third of the committee members, or upon the instruction of the Seimas or the Board.
Committees may have closed sittings. (Amended 19 December 1995)
Article 56. Committee sittings shall be presided over by the chairperson of the committee or by a deputy chairperson upon the instruction of the chairperson. Prior to the Seimas' approval of a committee chairperson, sittings shall be presided over by the eldest member of the committee. In committee sittings, including closed sittings, members of the Seimas who are not members of the committee may participate with the right of deliberative vote.
The committees may invite to their sittings other members of the Seimas, as well as members of municipal councils, representatives of ministries, other state institutions, public organisations and other necessary persons having co-ordinated it with heads of these institutions.
Article 57. The sittings of the Committee shall be deemed lawful when more than half of the committee members are present at the sitting.
Committee decisions shall be adopted by open, simple majority vote of the committee members participating in the sitting. In the event of a tie vote, the vote of the chairperson of the committee shall be decisive. When a member of the committee requests that voting on his proposal be conducted, the chairperson of the committee sitting must put said proposal to the vote.
If the minority of the committee members, which consists of at least three Seimas members, expresses a separate opinion concerning an issue discussed by the committee, this opinion must be announced together with the decision of the committee.
Decisions shall be adopted in joint sittings of several committees if each committee expresses their support for the decision.
Committee decisions and conclusions shall be presented to the Seimas in writing. (Amended 19 December 1995)
Article 58. For state institutions, decisions adopted by Committees shall be recommendatory. When sending their recommendations and proposals to state institutions, Committees shall inform the Seimas Board about this and, if necessary - the Government.
Upon receipt of recommendations and proposals of Seimas Committees, state institutions, except courts, shall have to consider them. The Committees must be informed about the results of such consideration and measures which have been taken within 15 days from the receipt of the proposals or within other period of time established by the Committees.
Article 59. The Committees shall have the right to control due to their competence how laws are observed and recommendations and proposals of the Committees are taken into consideration.
They shall also have the right to invite heads or representatives of state institutions, except courts, to their sittings at a time co-ordinated with them and to hear their information.
If a Committee decides that it is necessary to hear the information of a Government representative, it shall address the Seimas Speaker who informs the Prime Minister about it. In this event, a Government representative shall have to participate in the Committee sitting.
The Committees shall have the right due to their competence to demand and obtain from state institutions, except courts, and officers documents, conclusions in writing, as well as reports and other necessary material.
Article 60. The Committee shall make reports during sittings of the Seimas on issues which it prepared or was the principal committee while examining them and shall make supplemental reports on issues which were referred to the committee for examination. Committee members shall participate in discussions on all other issues according to general procedure.
Concerning issues which were jointly prepared and examined by several committees, committees may either make joint reports and supplementary reports or may present observations and proposals separately. (Amended 19 December 1995)
Article 61. For the preparation of issues under consideration committees may, from their members, form preparatory working groups. Included in these working groups may be other Seimas members, representatives of state institutions and public organisations, experts and scholars, upon the consent thereof. Funds for the activities of experts of such groups shall be allotted from an approved estimate of expenditure of the committee. (Amended 19 December 1995)
Chapter 11. Trends of Activities of the Seimas Committees
Article 62. The trends of activities of the Committee on Rural Development s …
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