LAW

LAW REPUBLIC OF LITHUANIA LAW AMENDING THE LAW ON COURTS 31 May 1994, No. I-480 Vilnius (as amended 3 July 2008 No X -1685) Article 1. New Version of the Law of the Republic of Lithuania on Courts The Law on Courts shall be amended and shall be set forth to read as follows: REPUBLIC OF LITHUANIA LAW ON COURTS The Law on Courts shall establish the court system of the Republic of Lithuania, the jurisdiction, organisation, activities, administration and self-governance of courts, their principles, the status of judges, the procedure of selection of candidates to judges, appointment of judges, their promotion and liability, the social guarantees of judges and other issues relating to courts. Legal regulation of the organisation and activities of courts,  legal regulation of the status of judges and related issues shall be based on the universally recognised principles of law laid down in the Constitution of the Republic of Lithuania, other laws and international agreements to which the Republic of Lithuania is a party - respect for human rights and freedoms, the right of everyone to judicial remedy, to a fair and public hearing by an independent and impartial tribunal, the principles of separation of powers under which justice in the Republic of Lithuania is administered only by courts, the rule of law, independence of courts and judges, self-governance of courts to organise their, their financial independence from other government institutions and decisions of the officials, self-regulation and self-governance of courts, other principles of court structuring, the status of judges and judicial process. PART I GENERAL PROVISIONS CHAPTER I FUNDAMENTAL PRINCIPLES OF ORGANISATION AND ACTIVITIES OF  COURTS Article 1. Administration of Justice 1. Justice in the Republic of Lithuania shall be administered only by courts. 2. Court decisions shall be delivered in the name of the Republic of Lithuania. 3. Court decisions may be reviewed only by court and only in accordance with the procedure prescribed by law. Article 2. Independence of Courts In the administration of justice courts shall be independent from other  government institutions, officials, political parties, political and public organisations and other persons. Article 3. Independence of Judges 1. The guarantees of the independence of judges and the status of judges shall be laid down in the Constitution of the Republic of Lithuania, this Law, other  statutes and legal acts. 2. When administering justice, judges shall act impartially and obey only the law. 3. When administering justice, judges shall be independent from the parties to the proceedings, the court administration, other judges, government institutions, officials and other persons. Judges may not be exposed to any political, economic, psychological or social pressure or any other unlawful influence which  might affect their decisions. 4.  No person shall have the right to demand that a judge gives an account for a decision rendered in a specific case. 5. Judges shall be provided social guarantees commensurate with their status and ensuring their independence. Article 4. Right to Judicial Remedy 1. Nationals of the Republic of Lithuania shall have the right to judicial remedy against encroachment on their rights and freedoms laid down in the Constitution of the Republic of Lithuania and the laws, as well as in the international agreements to which the Republic of Lithuania is a party. 2.  Foreign nationals and stateless persons shall enjoy the same rights to judicial remedy as the nationals of the Republic of Lithuania unless the laws and international agreements of the Republic of Lithuania provide otherwise. 3. Enterprises, agencies, organisations and other institutions shall also have a right to judicial remedy. Article 5.  Right to a Hearing within a Reasonable Time by an Independent and Impartial Court 1. Everyone shall be entitled to a fair hearing by an independent and impartial court  established by law. 2. The court, in all its activities, must ensure that hearing of a case be fair and public and within a reasonable time. Article 6. Equality before the Law and the Court 1. All persons shall be equal before the law and the courts. 2. A person's rights may not be limited nor may he been given any privileges on account of his sex, race, nationality, language, origin, social position, religious belief, convictions, views or any other circumstances. Article 7. Public Hearing 1. Courts shall have a public hearing of cases, save in the circumstances provided by law. 2. Judgements handed down by the court shall be pronounced publicly. Article 8. Language of the Court Proceedings 1. Court proceedings in the Republic of Lithuania shall be held in the state language. 2. The right of persons who do not know the state language to participate in the proceedings shall be guaranteed through an interpreter. Article 9. Binding Character of Court Judgements 1. Effective court judgements shall be binding for all institutions of State government, officials and employees, enterprises, agencies, organisations, other legal and natural persons and must be enforced on the whole territory of the Republic of Lithuania. 2. The procedure of recognition and enforcement on the territory of the Republic of Lithuania of the judgements of foreign courts, international courts and courts of arbitration shall be established by laws of the Republic of Lithuania and the international agreements to which the Republic of Lithuania is a party. Article 10. Self-governance of Courts 1. Independence of courts determines their organisational self-sufficiency which is realised through self-governance of courts. 2. Self-governance of courts is founded on representation, elections, accountability of their executive bodies as well as on responsibility  of institutions of judicial self-governance for a proper performance of their functions. 3. Institutions of judicial self-governance  shall report periodically about their activities  to the highest body of self-governance - the General Meeting of Judges. Article 11. Financial and  Material  Guarantees for the Functioning of Courts 1. Independence and self-sufficiency of courts shall be ensured by the financial and  material guarantees stipulated in this Law. 2. Material and technical facilities of courts must be in line with the advances of science and technology, taking account of the economic potential of the State. 3. It shall be prohibited to worsen the financial, material and technical conditions for the functioning of courts provided by law.  When the economic and financial situation of the country deteriorates considerably, the Seimas may review the material and financial conditions for the functioning of the courts. PART II COURT SYSTEM OF THE REPUBLIC OF LITHUANIA JURISDICTION OF THE COURTS CHAPTER II COURTS OF THE REPUBLIC OF LITHUANIA Article 12. Court System of the Republic of Lithuania. Establishment of Courts 1. The system of courts and their competence shall be established by the Constitution of the Republic of Lithuania, this Law and other laws. The courts of the Republic of Lithuania shall be instituted by law. 2. A uniform court system of the Republic of Lithuania shall be made up of the courts of general jurisdiction and courts of special jurisdiction. 3. The Supreme Court of Lithuania, the Court of Appeals of Lithuania, regional and local  courts shall be the courts of general jurisdiction dealing with civil and criminal cases. Local courts shall also hear cases of administrative offences coming within their jurisdiction by law. When hearing a civil case, a court of general jurisdiction may also hand down a decision on the lawfulness of an individual administrative act. 4. The Supreme Administrative Court of Lithuania and regional administrative courts shall be courts of special jurisdiction hearing disputes arising from administrative legal relations. 5. Other courts of special jurisdiction may also be established for hearing labour, family, juvenile, bankruptcy cases as well as cases of other categories. 6. Courts having extraordinary powers may not be established in Lithuania in peacetime. 7.  The Supreme Court of Lithuania, the Court of Appeals of Lithuania and the Supreme Administrative Court of Lithuania shall exercise jurisdiction over the whole territory of the Republic of Lithuania. The number of other courts and their territorial jurisdiction shall be established by law. 8. The number of judges of the Supreme Court of Lithuania shall be determined by the Seimas of the Republic of Lithuania subject to the advice of the President of the Republic and on the proposal of the Chief Justice of the Supreme Court of Lithuania. 9. The number of judges of the Supreme Administrative Court of Lithuania shall be determined by the President of the Republic on the proposal of the Chairman of the Supreme Administrative Court. 10. The number of judges at other courts shall be determined by the President of the Republic on the advice of the Judicial Council. 11. Each court shall have legal personality and shall have a seal with the State emblem of the Republic of Lithuania. Article 13. Reorganisation and Abolishment of Courts 1. Courts shall be reorganised or abolished only by law. 2.  A court may not be reorganised or abolished if the functions coming under its jurisdiction have not been transferred to the jurisdiction of another court. CHAPTER III COURTS OF GENERAL JURISDICTION OF THE REPUBLIC OF LITHUANIA SECTION ONE LOCAL COURTS Article 14. Local Court 1.The local court shall be composed of the Chairman of the court, Deputy Chairman/men and other judges. A Deputy Chairman may be appointed at a court having at least ten judges. Two Deputy Chairmen may be appointed at a local court having more than twenty judges. 2. The Mortgage Department may be instituted at a local court following the procedure prescribed by law. Article 15.  Jurisdiction of the Local Court 1. The local court shall be first instance for the following: 1) civil cases assigned to its jurisdiction by law; 2) criminal cases assigned to its jurisdiction by law; 3) cases assigned to the jurisdiction of mortgage judges; 4)  cases of administrative offences assigned to its jurisdiction; 5) cases relating to the enforcement of judgements and sentences. 2. In cases provided by law, judges of the local court shall perform the functions of an investigating judge, an enforcement judge as well other functions assigned to a local court by law. Article 16. Mortgage Department at the Local Court 1. A mortgage department at the local court (hereinafter - the Mortgage Department) shall be established following the procedure set forth in the Law on the Establishment of the Mortgage Register and other laws. 2. The territory over which the Mortgage Department exercises jurisdiction may not coincide with the territory of jurisdiction of the local court at which the Mortgage Department has been established. The territory of the jurisdiction of the Mortgage Department shall be determined by the Minister of Justice. 3. The activities of the Mortgage Department shall be regulated by the Law on the Establishment of the Mortgage Register, the Regulations of the Mortgage Register and other legal acts. 4. The Mortgage Department shall have its seal with the State emblem of the Republic of Lithuania and its own bank account. Article 17. Functions of the Mortgage Judge 1. A mortgage judge shall hear, following the procedure established by law, cases involving  contractual and judgement mortgages, charge, other rights in rem, registration of legal facts and things in the registers administered by the Mortgage Department, attachment, recovery from the pledged property, distribution of the recovered amounts among the creditors, and exercise other powers conferred to him under law. 2. A judge of the local court discharging the functions of a mortgage judge may also perform other functions assigned to a judge of the local court. SECTION TWO REGIONAL COURTS Article 18. Regional Court 1. The regional court shall consist of the Chairman, Chairmen of divisions and other judges. 2. The regional court shall have the Civil Division and the Criminal Division. 3. Judges shall be assigned to the Civil Division and the Criminal Division by the Chairman of the Regional Court taking account of the work load of the judges at the divisions. Article 19. Jurisdiction of the Regional Court The regional court shall: 1) be first instance for civil cases assigned to its jurisdiction by law; 2)  be first instance for criminal cases assigned to its jurisdiction by law; 3) be appeals instance for cases  involving decisions, judgements, rulings,  resolutions and orders of local courts; 4) perform other functions assigned to its jurisdiction. SECTION THREE THE  COURT OF APPEALS OF LITHUANIA Article 20. The Court of Appeals of Lithuania 1. The Court of Appeals of Lithuania (hereinafter - the Court of Appeals) shall be composed of the Chairman, Chairmen of the divisions and other justices. 2. The Court of Appeals shall have the Civil Division and the Criminal Division. 3. Justices shall be assigned to the Civil Division and the Criminal Division by the Chairman of the Court of Appeals,  taking account of the justices' caseload in the divisions. 4. The Court of Appeals shall have its seat in Vilnius, the capital of Lithuania. Article 21. Jurisdiction of the Court of Appeals The Court of Appeals shall: 1) be appeals instance for cases involving decisions, judgements, rulings, resolutions and orders of regional courts; 2) hear requests for the recognition of the decisions of foreign courts, international courts and arbitration awards and their enforcement in the Republic of Lithuania; 3) perform other functions assigned to its jurisdiction. SECTION FOUR THE SUPREME COURT OF LITHUANIA4 Article 22. The Supreme Court of Lithuania 1. The Supreme Court of Lithuania  (hereinafter - the Supreme Court) shall be composed of the Chief Justice of the Supreme Court, chairmen of the divisions and other justices. 2. The Supreme Court shall have the Civil Division and the Criminal Division. 3. Justices shall be assigned into the Civil Division and the Criminal Division of the Supreme Court by the Chief Justice of the Supreme Court, taking account of the justices' caseload in the divisions. 4. The Supreme Court shall form the Senate of the Supreme Court. 5. Issues pertaining to the organisation and activities of the Supreme Court shall be established by this Law and the Statute of the Supreme Court approved by  law. 6. The Supreme Court shall have its seat in Vilnius, the capital of the Republic of Lithuania. Article 23. Jurisdiction of the Supreme Court 1.  The Supreme Court shall be the only court of the cassation instance for reviewing effective decisions, judgements, rulings, resolutions and orders  of the courts of general jurisdiction. 2. The Supreme Court shall develop a uniform court practice  in the interpretation and application of statutes and other legal acts. For this purpose the  Supreme Court: 1) shall release a public report about the rulings of the plenary sessions as well as the rulings of the chamber of three justices and of the extended chamber of seven justices the publication of which has been approved by the majority  of justices of the appropriate division. Interpretation in respect of the application of statutes and other legal acts in the rulings published in the Supreme Court Bulletin shall be taken into consideration by courts, state and other institutions as well as by other persons when applying these statutes and other legislation; 2) shall analyse court practice in the application of statutes and other legal acts and provide their interpretation in the form of recommendations; 3) may advise judges about the interpretation and application of statutes and other legal acts. 3  The Supreme Court shall analyse and sum up, in accordance with the interpretation by judicial institutions of the European Union, the practice of courts of general jurisdiction in the application of the legislation of the European Union and shall make recommendations on the cooperation between Lithuanian courts of general jurisdiction and judicial institutions of the European Union in ensuring uniform interpretation of legal acts of the European Union and their application in the Republic of Lithuania. 4. The Supreme Court shall also perform other functions assigned  under law to its jurisdiction. Article 24. Composition of the Supreme Court Senate 1. The Supreme Court Senate shall be composed of the Chief Justice of the Supreme Court, Chairmen of the Civil and Criminal Divisions and seven justices having  the longest record of work at the Supreme Court from each - Civil and  Criminal Divisions. 2. The Chairman of the Supreme Court Senate shall be the Chief Justice of the Supreme  Court. 3. The Supreme Court Senate shall elect from among its members the Secretary of the Senate for a term of four years. Article 25. Jurisdiction of the Supreme Court Senate The Supreme Court Senate shall: 1) approve summary reviews of court practice in the application of statutes and other legal acts in cases of individual categories and provide interpretation in the form of recommendations; 2) consider the necessity of making public the materials in the Supreme Court Bulletin, with the exception of cases provided for in this Law, Article 23, paragraph 2,  subparagraphs 1 and 2; 3) consider other issues assigned under law to the competence of the Supreme Court; 4) consider other issues related to the activities of this court upon the request of the Chief Justice of the Supreme Court. Article 26. Sessions of the Supreme Court Senate 1. Sessions of the Supreme Court shall be convened by the Chief Justice of the Supreme Court. 2. Justices of the Supreme Court who are not members of the Senate shall have the right to take part in the sessions of the Supreme Court Senate with a deliberative vote. 3. Chairman of the Legal Affairs Committee of the Seimas, the Minister of Justice,  the Chief Justice of the Supreme Administrative Court of Lithuania, the Prosecutor General, the Chairman of the Council of the Bar and, where necessary, other persons shall be invited to the sessions of the Supreme Court Senate. When the above persons are not able to participate in the Supreme Court Senate sessions, the Deputy Chairman of the Legal Affairs Committee of the Seimas, the Deputy Minister of Justice, the Deputy  Chairman of the Supreme Administrative Court of Lithuania, the Deputy Prosecutor General and the Deputy Chairman of the Council of the Bar may take part in the sessions of the Supreme Court Senate. 4. Chairmen, Deputy Chairmen, division chairmen and judges of other courts may take part in the sessions of the Supreme Court Senate. 5. The agenda of a session of the Supreme Court Senate shall be circulated, and copies of documents and drafts shall be mailed, no later than ten days before the session of the Senate, to the members of the Senate, other justices of the Supreme Court, the Chairmen of the Court of Appeals, the Supreme Administrative Court of Lithuania, regional courts, regional administrative courts and local courts, the Chairman of the  Legal Affairs Committee of the Seimas, the Minister of Justice, the Prosecutor General, the Chairman of the Council of the Bar, and, where necessary, - to other persons. 6.   A session of the Supreme Court shall be presided over by the Chief Justice of the Supreme Court, and when he is not available – by the Chairman of a division of the Supreme Court acting as the Chief Justice. 7. A session of the Supreme Court Senate shall have legal force if it is attended by at least two-thirds of the members of the Senate. Decisions of the Senate shall be adopted by ballot. A decision shall be held to have been adopted  if more than a half of all the members of the Senate present voted in favour. If there is a tie, the Chief Justice of the Senate shall have a casting vote. Article 27. Bulletin of the Supreme Court 1. The Supreme Court shall issue its bulletin "Court Practice" publishing in it periodically the following: 1) the rulings and recommendations indicated in  this Law, Article 23, paragraph 2, subparagraph 1 and paragraph 3; 2) summary reviews of court practice in the application of statutes and other legal acts in cases of separate categories approved by the Senate and interpretations in the form of recommendations; 3) other materials  the necessity of publication whereof has been approved by the Senate. 2. Publishing of the Supreme Court bulletin shall be financed from the State budget and from the proceeds from sale of the bulletin. Courts and judges of the Republic of Lithuania shall receive the bulletin of Supreme Court free of charge. CHAPTER IV ADMINISTRATIVE COURTS OF THE REPUBLIC OF LITHUANIA SECTION ONE REGIONAL ADMINISTRATIVE COURTS Article 28. Regional Administrative Court The regional administrative court shall be composed of the Chairman of the court, the Deputy Chairman/Chairmen and other judges. The Deputy Chairman may be appointed at a court having at least ten judges. Two Deputy Chairmen may be appointed at a regional administrative court having more than twenty judges. Article 29. Jurisdiction of the Regional Administrative Court The regional administrative court: 1) shall be first instance for administrative cases assigned to its jurisdiction by law; 2) shall perform other functions assigned to its jurisdiction. SECTION TWO SUPREME ADMINSITRATIVE COURT OF LITHUANIA Article 30. The Supreme Administrative Court of Lithuania 1.  The Supreme Administrative Court of Lithuania (hereinafter - the Supreme Administrative Court) shall be composed of the Chairman of the court, the Deputy Chairman and other judges. 2. The seat of the Supreme Administrative Court shall be in Vilnius, the capital of the Republic of Lithuania. Article 31. Jurisdiction of the Supreme Administrative Court 1. The Supreme Administrative Court shall be: 1) first and final instance for administrative cases assigned to its jurisdiction by law; 2) appeal instance for cases from decisions, rulings and orders of regional administrative courts; 3) appeal instance for cases involving administrative offences from decisions of local courts; 4) an instance for hearing, in cases established by law, of petitions on the reopening of decided administrative cases, cases involving administrative offences among them. 2. The Supreme Administrative Court shall develop a uniform practice of administrative courts in the interpretation and application of statutes and other legal acts.  For this purpose the Supreme Administrative Court: 1) shall release a public report about decisions, orders and rulings rendered by the plenary session of the court, decisions handed down by a chamber of three judges or an extended chamber of five judges the publication whereof has been approved by the majority of the Court's judges as well as all decisions on lawfulness of regulatory administrative acts. Interpretation with regard to the application of statutes and other legal acts found in the decisions, rulings and orders  which are published in the bulletin of the Supreme Administrative Court shall be taken into account by courts, state and other institutions as well as by other entities when applying these statutes and other legal acts; 2) shall analyse the practice of administrative courts in the application of statutes and other legal acts and provide their interpretation in the form of recommendations; 3) may advise the judges of administrative courts on the issues of interpretation and application of statutes and other legal acts. 3. The Supreme Administrative Court, in accordance with the interpretations of judicial institutions of the European Union, shall analyse and  sum up the practice of administrative courts  in applying the legislation of the European Union and shall make recommendations on the cooperation  between  administrative courts of Lithuania and judicial institutions of the European Union in ensuring uniform interpretation and application in the Republic of Lithuania of the legal acts of the European Union. 4. The Supreme Administrative Court shall exercise other functions assigned to its jurisdiction by law. Article 32. The Bulletin of the Supreme Administrative Court 1. The Supreme Administrative Court shall issue its bulletin under the title "Practice  of Administrative Courts" publishing in it periodically the following: 1) decisions, rulings, resolutions and recommendations indicated in Article 31, paragraph 2, subparagraph 1; 2) summary reviews of court practice in the application of statutes and other legal acts in cases of separate categories and their interpretation in the form of recommendations; 3) other materials the publication of which has been approved by the majority of judges of the court. 2. Publishing of the Supreme Administrative Court bulletin shall be financed from the State budget and from the proceeds of sale of the bulletin. The courts and judges of the Republic of Lithuania shall receive the bulletin free of charge. CHAPTER V COURT HEARINGS Article 33. Sources of Law in Court Hearings 1.  When hearing cases courts shall be guided by the Constitution of the Republic of Lithuania, this Law and other statutes, international agreements to which the Republic of Lithuania is a party, resolutions of the Government, other legal acts in force in the Republic of Lithuania which are not in conflict with the statutes. 2. When hearing cases courts shall also be guided by the officially reported decisions of the Constitutional Court of the Republic of Lithuania and shall take account of the orders of the Supreme Court published in the bulletin of the this court and the decisions, rulings and orders of the Supreme Administrative Court published in the bulletin of the Supreme Administrative Court. 3. When hearing cases courts shall apply the legislation of the European Union and be guided by the resolutions of judicial institutions of the European Union as well as their prejudicial decisions on the issues of interpretation and validity of legal acts of the European Union. 4.  When taking decisions in cases of appropriate categories the courts shall be bound by the rules of interpretation of law created by them, formed in analogous or similar cases. The courts of lower instance when taking decisions in cases of appropriate categories shall be bound by the rules of interpretation formulated in analogous or conceptually similar cases. The court practice in cases of appropriate categories must be amended and new rules for the interpretation of law in  analogous or similar cases may be created only in cases when it is inevitable or objectively necessary. Article  34. Underlying Principles of Court Hearings 1. Hearing of a case by the court shall be founded on the following principles: equality of the parties, the right to legal assistance, the right to due process, speedy and least expensive proceedings, the right to be heard, the adversarial procedure, presumption of innocence, impartiality of the court, public hearing, immediateness and prohibition of the abuse of process. 2. If the judge is a party to a case where the case is within the jurisdiction of a court where he/she or his/her spouse, children/adopted children, parents/adoptive parents, brothers, sisters/adoptive brothers, sisters as well as the children/adopted children, parents/adoptive parents, brothers, sisters/adoptive brothers, sisters  of the spouse are judges at this court (with the exception of the Supreme Court, the Court of Appeal and the Supreme Administrative Court), the Chairman of a court of a higher level shall assign the case for hearing at a different court of the same level.  The same rule shall apply  where the above relatives of the judge are a party to the case. 3. A mortgage judge where he or one of his relatives indicated in paragraph 2 of this Article are a party to the case may not hear a case, perform actions whereby execution is levied against his property or the property of the above persons. If the Mortgage Department has only one mortgage judge the Chairman of the Local Court shall direct another judge of the same court to perform the above actions. 4. Courts may establish specialisation of judges for hearing certain categories of cases. The description of the procedure specifying the specialization of judges and the basic principles thereof shall be approved by the Judicial council. Article 35.  Symbols in the Courtroom and Distinguishing Marks of the Participants of the Hearing 1. There must be the State flag of Lithuania and the State emblem of Lithuania in a courtroom. 2. During the hearing of a case the judges shall wear gowns and insignia with the State emblem of Lithuania. 3.  During the hearing the lawyers and prosecutors shall wear gowns. Article 36. Composition of the Court 1. Cases at the local court shall be heard by one judge who has all judicial powers provided for in procedural legislation. In cases established by law cases at the local court may be heard by a chamber of three judges. 2. Cases at the regional administrative court and the regional court shall be heard by a chamber of three judges, and in cases established by law - by one judge. 3. Cases at the Supreme Administrative Court shall be heard by a chamber of three judges, an extended chamber of five judges or a plenary session of the Supreme Administrative Court. 4. Cases at the Court of Appeals shall be heard by a chamber of three judges. 5. Cases at the Supreme Court shall be heard by a chamber of three judges, an extended chamber of seven judges or a plenary session of a division of the Supreme Court. 6. Chairmen of local courts, the Court of Appeals and the Chief Justice of the Supreme Court may hear cases in the chamber of any division of the appropriate court, and the Chief Justice of the Supreme Court - also at a plenary session of any division of the Supreme Court. 7. A plenary session of the Supreme Administrative Court shall be presided over by the Chairman of this Court, and during his absence at the plenary session of the Court - by the Deputy Chairman. A plenary session of the Court shall be deemed lawful where it is attended by at least two-thirds of the judges of the Court.  A decision shall be handed down  by the majority of votes of the judges present at the plenary session. In the event of a tie  the presiding judge shall have the casting vote. 8.  A plenary session of a division of the Supreme Court shall be presided over by the Chief Justice of the Supreme Court and in the event that he is unavailable during a plenary session - by the Chairman of the division in which the case is heard on the appointment of the Chief Justice.  Where both the Chief Justice of the Supreme Court and the Chairman of the division in which a case is heard are unavailable during a plenary session, the session shall be presided over by one of the judges of the division in which the case is heard on the appointment of the Chief Justice of the Supreme Court.  A plenary session of a division of the Supreme Court shall be deemed lawful if it is attended by at least two-thirds of the judges of the division.  A decision shall be handed down by the majority of votes of the judges attending the plenary session.  In the event of a tie - the presiding judge shall have the casting vote. 9. In all instances the cases shall be allocated to judges and  chambers of judges so as to ensure the right of the parties to the proceedings and participants of the hearing to independent and impartial court. 10.The cases shall be allocated to the judges and the chambers of judges shall be constituted via the IT programme created pursuant to the rules of allocation of cases to judges and of forming the chambers of judges approved by the Judicial council. 11. The rules of allocation of cases to the judges and the constitution of chambers shall ensure that the cases are allocated to the judges and chambers of judges should be constituted taking into account the specialisation of judges, even distribution of work load, complexity of cases, the rotation of chambers of judges, the maximum duration of activities of the chamber of judges of the same composition, prohibitions provided in law to proceed in a specific case, change of the judge or of the composition of the chamber of judges, the circumstances of dismissal of judges or their opting out, the cases of temporary incapacity for work, leave or mission. Article 37. Resolutions of Disputes over the Jurisdiction 1. Disputes over the jurisdiction by a court of general jurisdiction and an administrative court shall be resolved in a written procedure by a special chamber of judges composed of the Chairman of the Civil Division of the Supreme Court, the Deputy Chairman of the Supreme Administrative Court and two judges - one assigned by the Chairman of the Civil Division of the Supreme Court, another by the Deputy Chairman of the Supreme Administrative Court. 2. Courts of general jurisdiction shall file reasoned applications or orders to decide upon the issues of jurisdiction through the Supreme Court, and administrative courts - through  the Supreme Administrative Court. 3. Sessions of a special chamber of judges shall be presided over by the Chairman of the Civil Division of the Supreme Court. Decisions shall be delivered by consensus  or a majority of votes of the members of the chamber. In the event of a tie the presiding judge shall have the casting vote. An order on the jurisdiction of a case shall not be subject to appeal. Article 38. Recording of the Course of the  Court Hearing  and Outcome of Cases 1. In cases provided by procedural law, a record/verbatim record of the course of the court hearing shall be made by the clerk of the hearing. 2. The contents and the structuring of the text of the record shall be established by procedural law. 3. For the purposes of recording the course of the proceedings following the procedure established by procedural law the proceedings  may be audio-recorded. For recording and investigating the evidence the court may video-record, film  and photograph following the procedure established by procedural law or use any other technical equipment may be used. 4. Parties to the proceeding, in exercising their procedural rights, may, in accordance with the procedure laid down in procedural law, make an audio-recording of the court hearing. 5. Other persons shall be prohibited from filming, taking photos,  audio- and video recording and using other technologies during a court hearing. A person who violates the prohibition on the use of technical equipment during a court hearing shall be held liable under law. 6. At the close of hearing of the case the court  shall hand down a decision. The contents of the decision and the procedure of handing it down shall be set forth in procedural law. Article 39. Official Publication of Court Decisions 1. Final acts of courts and annual reviews of court practice of the Supreme Court and Supreme Administrative Court shall be published  in the internet web site of the National Court Administration according to the procedure established  by the Judicial council except in the cases provided by law. 2. All arguments whereon the act is based, except for the cases established by procedural laws, should be set forth in the published final act of the court. The final act of the court shall be the court act basically ending the case. 3. Final acts of courts and annual reviews of court practice specified in paragraph 1 of this Law shall be published not infringing  the requirements of personal data protection, state, civil service, commercial (trade), professional and other secrets protected by laws, also keeping to the restrictions and prohibitions established by law. 4. Published in the internet web site specified in paragraph 1 of this Article  shall also be the decisions of the European Court of Human Rights, of the judicial institutions of the European Union and other international judicial institutions, prejudicial decisions, opinions in cases the persons participating in which are citizens of the Republic of Lithuania, persons  habitually resident in the Republic of Lithuania, legal persons of the Republic of Lithuania, or the state of Lithuania, other procedural decisions of the institutions indicated in this paragraph, the necessity of publication whereof is recognised by the Supreme Court or the Supreme Administrative Court, written in Lithuanian  or translated into  Lithuanian,  and also other material according to the procedure established by the Judicial council. 5. Access to the information published in the internet according to the procedure established in this Article shall be public and free of charge. Data basis must be provided with search engines. Article 40.  Judicial Co-operation in Respect of Legal Assistance The courts of the Republic of Lithuania which need for court hearings  information or legal assistance from another country, shall contact foreign courts and other institutions or international organisations in accordance with the procedure laid down in the laws of the Republic of Lithuania and international agreements to which the Republic of Lithuania is a party. Article  40(1). Reference by Courts to the Judicial Institutions of the European Union 1. The court to which the issue of interpretation or application of the legal provisions of the acts of the European Union arise when applying  the law  of the European Union the examination  of which is mandatory in order to adopt the decision in the case shall be entitled to apply to a competent judicial institution of the European Union with a request to give a preliminary ruling thereon. 2.  The Supreme Court and the Supreme Administrative Court as well as the court which is the last instance in the action pending before the court  (when the decision cannot be further appealed against), in the case referred to in paragraph 1 of this Article  must request the competent judicial institution of the European Union for a preliminary ruling on the issues of interpretation or  validity of legal acts. PART  III JUDGES CHAPTER VI STATUS OF JUDGES. STATUS SYMBOLS SECTION ONE POWERS, RIGHTS AND DUTIES Article 41. Powers of Judges 1. A judge shall be a civil servant having the powers of state authority provided in this Law and other laws. 2. Requirements of a judge relating to the administration of justice shall be mandatory for all the state government institutions, officials and employees, enterprises, institutions, organisations, other legal entities and natural persons. Non-compliance with the requirements of a judge shall incur liability provided by law. Article 42. Status Symbols of the Judges 1. When administering justice, the judges shall have the following status symbols - a judge's gown and insignia with the State emblem of Lithuania. 2. Following appointment as a judge, he shall be issued a certificate of a judge signed by the President of the Republic or the Chairman of the Seimas.  The certificate shall be valid for the whole term of the judge's office. 3. Samples of the status symbols of the judge and of the judge's certificate, the description of the procedure of their issue and  validity shall be endorsed by the President of the Republic upon the advice of the Judicial council. Article 43. Duties of the Judge 1. A judge must abide by the Constitution and other laws of the Republic of Lithuania and comply with the requirements of the Rules of Judicial Conduct. 2. Apart from administration of justice, a judge shall also perform other duties assigned by law to the jurisdiction of the court where he works. 3.  A judge must notify in writing the Chairman of the court about  judicial proceedings to which the judge himself is a party. The judge must also notify in writing the Chairman of the court about judicial proceedings to which the judge's spouse, children/adopted children, parents/adoptive parents, brothers, sisters/adoptive brothers, sisters also the children/adopted children, parents/adoptive parents, brothers, sister/adoptive brother, sisters are a party if the court where the judge works has jurisdiction over the case. 4.  A judge must continuously improve his professional qualifications. 5. A judge must undergo health examinations, following the procedure established in Article 531 of this Law . 6. A judge shall be held liable in accordance with the procedure defined in this Law for failure to perform his duties as a judge. Article 44. Rights and Freedoms of the Judge 1. A judge shall enjoy the rights and freedoms of a citizen of the Republic of Lithuania enshrined in the Constitution and laws of the Republic of Lithuania. 2. The procedural rights of a judge shall be set forth in procedural legislation. 3. Judges shall have the right to freely form professional judicial associations and other non-political organisations protecting the rights of judges, representing their interests and meeting their professional needs. 4. A judge shall have the right to represent in court his own interests, the interests of his under-age children and of the persons whose guardian or curator he is. SECTION TWO GUARANTEES OF THE INDEPENDENCE OF THE JUDICIARY Article 45. Permanence of the Judicial Authority 1. A judge may be appointed, transferred, suspended or removed from office only on the grounds and in accordance with the procedure specified in the Constitution. 2. A person shall be appointed to hold the post of a judge for a definite period of time. 3.   The term of office of an appointed judge may not be shortened. 4.  A judge may be appointed to a court of a lower level or of a different jurisdiction only upon his consent, except when a person is appointed a judge of a lower level  when applying a disciplinary measure. 5. When courts are reorganised or liquidated under law judges of these courts are transferred to other courts of the same level. Where there is no possibility to do that, judges may be appointed, subject to their consent,  to the judicial office of a lower level court.  In this case, additional social guarantees  set forth in this Law shall  be given to them. Article 46. Prohibition of Interfering with the Judge 1. It shall be prohibited to interfere with a judge in order to exert influence on the course or outcome of a case. 2. Rallies, pickets or any other actions of individuals or their groups, taking place at a distance closer than 75 metres from the court building or inside the court building if they are intended to influence a judge or the court shall be  regarded as  interference with a judge or the court. 3. Persons who, by act or omission, obstruct the course of justice by the court, exert unlawful influence on the course or outcome of the case shall be held liable under law. Article 47. Immunity of the Judge 1. Criminal proceedings may be instituted against the judge, he may be subject to detention or any other restriction of his freedom only by and with the consent of the Seimas, and during the period when the Seimas is not in session  - by and with the consent of the President of the Republic, with the exception of cases. 2.   It shall be prohibited to enter the residential or office premises of the judge, to carry out examination, search or seizure therein or in his personal or official car or any other personal vehicle, to carry out his  personal examination or body search, examination or seizure of his personal belongings except in the cases established by law. 3. Operational investigation of the criminal activity likely committed by the judge may be opened only by the head of the entity of operational activity on the consent of the Prosecutor General and the pre-trial investigation may be commenced only by the Prosecutor General. The powers of the judge suspected or accused of the commission of criminal act may be suspended by the Seimas  and in the period between the sessions of the Seimas by the President of the Republic. The judge shall be suspended from office until the final judgement in the criminal proceedings is handed down. If during the pre-trial investigation the circumstances are disclosed which prove that that the proceedings are impossible or that not enough evidence has been collected to prove the judge’s guilt in committing criminal act  or the judge has not been convicted guilty by court decision in a criminal case, the powers of the judge shall be renewed and he shall be paid the   salary due to him during the period of his suspension. 4. The judge who commits an administrative offence punishable by a non-custodial penalty shall be held administratively liable according to the general procedure. The officer who recorded the administrative violation committed by the judge shall within 3 days notify thereof the Judicial council. 5. The judge who commits an administrative violation punishable by a custodial penalty shall be  held  administratively liable upon receipt of the consent of the Seimas and in the period between the Seimas sessions – of the President of the Republic. 6. The judge detained without any personal documents and brought to any law enforcement institution shall be released immediately after his identity has been established. 7.  The  judge or the court shall not be liable for the damage caused to a party to the proceedings because of an unlawful or ungrounded  decision. The damage shall be compensated by the State in the cases and in accordance with the procedure prescribed by law. Property and moral damage caused to an individual by a criminal act of the judge when administering justice and compensated by the State shall be recovered from the judge by recourse. Article 48. Work and Activity outside the Court 1. The judge may not hold any other elective or appointed posts,  work in business or any other private offices or enterprises, the only exception being teaching or creative activities. 2.  The judge shall be free to participate in the activities of the institutions of judicial self-governance. During his work at the institutions of judicial self-governance the workload of the judge at the court where he works shall be reduced accordingly. 3. The judge may be a member of committees/groups which are drafting laws, international agreements and other legal acts if such activities do not interfere with his judicial duties. The judge shall inform the Chairman of the court where he works about such activities. The judge may, in accordance with the procedure prescribed by law, act as a representative of the Republic of Lithuania at international organisations. 4. The judge may not receive any other remuneration except the judge's salary and remuneration for teaching or creative activities. 5. The judge may not participate in the activities of political parties and any other political organisations. 6. The judge shall be immune from conscription. Article 49. Protection of the Judge, Members of His Family and Their Property 1. Physical protection of the judge and members of his family when there is real threat to their life, health or their property connected with the discharge of judicial duties shall be guaranteed in accordance with the procedure established by the Government or an institution authorised by it. 2. Damage caused by injury, by destroying or stealing the property belonging to the judge or members of his family connected with the discharge of judicial duties shall be compensated for by the State following the procedure established by the Government. Article 50. Other Guarantees of Judicial Independence 1. The State shall guarantee, by financial and organisational technical measures, adequate conditions of work for the judges and courts. 2. The State shall also provide other guarantees of judicial independence set forth in statutes and other legal acts. CHAPTER VII SELECTION OF  CANDIDATES TO JUDICIAL OFFICE, APPOINTMENT AND PROMOTION OF JUDGES SECTION ONE REQUIREMENTS FOR CANDIDATES TO JUDICIAL OFFICE OF  THE LOCAL COURT AND THEIR SELECTION Article 51. Requirements for a Candidate to Judicial Office of the  Local Court 1. The post of a local court judge may be filled by a national of the Republic of Lithuania of high moral character, having a university degree in law – the academic title of bachelor in law or master in law or the lawyer’s professional academic title (one-cycle university education in law) meeting the requirements established by law required for security clearance procedure or work permit or right of access to or exchange in classified information, upon submitting a health certificate, having a record of at least five years of work in the legal profession and passing the examination for candidates to  judges. A person having Doctor or Habil. Doctor of Social Sciences (Law) degree, also a person of at least five years standing as a judge, if not more than five years have lapsed since he last held that position, shall be exempt from sitting for the candidate examination. 2. Legal education obtained abroad shall be recognised in accordance with the procedure established by the Government. Article 52. High Moral Character 1. A person may not be held to be of high moral character and may not be appointed a judge if: 1) under an effective court judgement he has been found guilty of commission of a criminal offence; 2) has been dismissed from the position of a judge, a prosecutor, a lawyer, a notary, a bailiff, a police officer or an employee of  the system of the interior or from the civil service for violation of professional ethics or malfeasance  and if less than five years  have lapsed after the dismissal; 3) he abuses psychotropic substances, narcotic drugs, toxic substances or alcohol; 4) does not meet other requirements of the judicial code of conduct. Article 53. Length of Service in the Legal Profession 1. The length of service in the legal profession shall be calculated from the moment when the person acquired a university degree in law as provided in Article 51 of this Law and took up an office specified in the list of legal professions. 2. A list of legal professions shall be approved by the Government or an institution authorised by it. 3. When in doubt about a person's length of service in the legal profession, the length of service necessary for holding the post of a judge shall be determined by the Commission for Recognition of the Length of Service in the Legal Profession. 4.The regulations of the Commission for Recognition of the Length of Service in the Legal Profession shall be approved by the Minister of Justice. 5. In the conclusions of the Commission for Recognition of the Length of Service in the Legal Profession the length of service in the legal profession of a person shall be indicated. 6. The decision of the Commission for Recognition of the Length of Service in the Legal Profession may be appealed to the administrative court. Article  53(1)  Health Examination of  Candidates to Judicial Office and Judges 1. Health examinations of candidates to judges shall be performed before holding the examination of candidates to judges. 2. Health examination of judges shall be performed at least once in five years. 3. The requirements to the health of candidates to judges and judges and the description of the procedure of health examination of candidates to judges and judges shall be approved by the Minister of Health  and Minister of Justice in consultation with the Judicial Council. 4. The Health Examination shall also cover psychological assessment. The psychological assessment shall be performed  seeking to establish the type of personality and formative experiences. 5. Health examination shall be performed in the Medical Centre of the Ministry of the Interior. Article  53(2) Preliminary Checking of Paperwork of Candidates to Judicial Office 1. The candidate to judicial office shall submit to the National Court Administration documents certifying that he meets the requirements established in paragraph 1 of Article  51 of  this Law (except the requirement to have passed the examination to the candidates to judicial office). In addition, the candidate to judicial office shall submit the completed questionnaire of the form set by the commission of the protection of secrets of the Republic of Lithuania and agree in writing to the check of his candidature. 2. The National Court Administration shall check the paperwork submitted by the candidate to judicial office. Seeking to establish whether the candidate to judicial office meets the requirements of security clearance procedure or for issuing  work permit or for being granted access to classified information, the National Court Administration shall apply to the Security  Department.  The State Security Department shall within 40 working days from the application to make a reasoned submission  whether the candidate to judges meets the requirements of security clearance or permit to work  or being granted access to classified information. Before  taking a decision the  State Security Department may summon the candidate to judges for talking with him, to request his written explanation and, as necessary, if the person does not object, to be tested with the polygraph. During the testing the operational activity methods and means  may not be used  with respect to the candidate to judges, except for operational interrogation and review of data in the operational record file. 3. Having determined that the submitted data provides evidence proving that the candidate to judicial office complies with the requirements specified in paragraph 1 of this Article, the National Courts Administration shall: 1) enter the data of the candidate to judicial office  who is a person  having Doctor or Habil. Doctor of Social Sciences (Law) degree or a person of at least five years standing as a judge, if not more than five years have lapsed since he last held that position, and shall enter the data in the list of candidates to judicial vacancies at a local court and  shall transmit to the President of the Republic the data submitted by the candidate to judicial offices; 2)  the candidate to judicial office  who does not meet the requirements set in subparagraph 1 of this paragraph  shall be permitted to hold the examination of candidates to judicial office and after he passes the examination his data shall be entered in the list of vacancies at local courts and in the documents submitted by the candidate to judicial office. The decision of the Commission for the Examination of Candidates to Judicial Office shall be transmitted to President of the Republic. 4. Having established that the submitted documents do not certify that the candidate to the judicial office meets the requirements specified in paragraph 1 of Article  51 of this Law or if the State Security Department concludes that the candidate to judicial office does not comply with the requirements necessary  for issuing  security clearance certificate or work permit or being granted access to classified information, the National Court Administration shall return the documents by a substantiated decision to the candidate to judicial office who submitted them. This decision of the   National Court Administration may be appealed to court according to the procedure established by the Law on Administrative Procedure. Article 54. Examination Commission of Candidates to Judicial Office 1. The Commission for the Examination of Candidates to Judicial Office of seven persons shall be formed for a period of three years by the Judicial Council. At least four members of the Commission must be judges. The Chairman of the Judicial Council shall nominate to the Examination Commission two judges and one academic having a law degree, and  the largest judicial association and the Minister of Justice shall each nominate one judge and one academic having a law degree. The Judicial Council  shall appoint one member from the Commission for the Examination of Candidates to Judicial Office the Chairman of the Commission. 2. A meeting of the Commission for the Examination of Candidates to Judicial Office shall have legal force if at least five members of the Commission are present. 3. A decision of the Commission for the Examination of Candidates to Judicial Office about the results of the examination may be appealed to the Judicial Council within ten days after its announcement. A decision of the Judicial Council shall be final. 4. Regulations of the Commission for the Examination of Candidates to Judicial Office and the examination programme shall be approved by the Judicial Council. Article 55. List of Candidates to Judicial Vacancies at the Local Court 1. A person who meets the requirements for a judicial office and who has passed the examination shall be entered in the list of candidates to judicial vacancies of a local court. The list as well as personal files of the candidates to a judicial office shall be administered by the National Courts Administration. 2. The procedure for entering persons in the list of candidates to judicial vacancies at a local court  shall be approved by the Judicial Council. 3. A list of candidates to judicial vacancies at a local court shall be  submitted to the President of the Republic, the Judicial Council and the Selection Board. Article 55(1) Selection of Candidates to Judicial Office and the Selection Board 1. The candidates to judicial vacancies at a local court shall be appointed by way of selection. For considering the issues of appointment to vacancies at a local court the President of the Republic shall compose the Selection Board of Candidates to Judicial Offices (hereinafter the Selection Board) and establish the working procedure of  the Board and the criteria of  selection of candidates to judicial office. The Selection Board shall be composed  from seven persons for three years. Three members of Selection Board shall be judges and four – members of the public. The President of the Republic shall appoint the Chairman of the Board from the members of the Selection Board. Members of the Judicial Council may not be appointed members of the Selection Board. 2. The meeting of the selection board shall be valid if attended by at least five members of the Board. The decisions shall be adopted by the majority vote of all the board members. 3. Selection of candidates to judicial vacancies at a local court shall be announced and organised according to the procedure established by the President of the Republic by the Office of the President of the Republic. 4. Selection of candidates to judicial vacancies at a local court may be started when judicial vacancy at a local court emerges unexpectedly or at least 6 months before the planned emergence of a judicial vacancy at a local court.  The information about the vacancies at local court judges and  emergence of vacancies to local court judges and the location and  time of  intended selection shall be published  by the  Office of the President of the Republic in the internet web site of the National Court Administration. 5. The  Office of the President of the Republic shall also present information about the judicial vacancy at a local court and  emergence of vacancies at a local court and the location and time of the intended selection by a registered letter and by means of electronic communications to judges, seeking appointment …