REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA Official translation REPUBLIC OF LITHUANIA LAW AMENDING THE LAW ON COURTS 31 May 1994, No. I-480 Vilnius (A new version of 24 January 2002 No. IX-732) 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 autonomy 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, autonomy of courts to organise their, their financial independence from other government institutions and decisions of the officials, self-regulation and autonomy 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
2. Administration of Justice
3. Justice in the Republic of Lithuania shall be administered only by courts.
4. Court decisions shall be delivered in the name of the Republic of Lithuania.
5. Court decisions may be reviewed only by court and only in accordance with the procedure prescribed by law. Article
6. 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
7. Independence of Judges
8. 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.
9. When administering justice, judges shall act impartially and obey only the law.
10. 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.
11. No person shall have the right to demand that a judge gives an account for a decision rendered in a specific case.
12. Judges shall be provided social guarantees commensurate with their status and ensuring their independence. Article
13. Right to Judicial Remedy
14. 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.
15. 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.
16. Enterprises, agencies, organisations and other institutions shall also have a right to judicial remedy. Article
17. Right to a Hearing within a Reasonable Time by an Independent and Impartial Court
18. Everyone shall be entitled to a fair hearing by an independent and impartial court established by law.
19. The court, in all its activities, must ensure that hearing of a case be fair and public and within a reasonable time. Article
20. Equality before the Law and the Court
21. All persons shall be equal before the law and the courts.
22. 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
23. Public Hearing
24. Courts shall have a public hearing of cases, save in the circumstances provided by law.
25. Judgements handed down by the court shall be pronounced publicly. Article
26. Language of the Court Proceedings
27. Court proceedings in the Republic of Lithuania shall be held in the state language.
28. The right of persons who do not know the state language to participate in the proceedings shall be guaranteed through an interpreter. Article
29. Binding Character of Court Judgements
30. 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.
31. 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
32. Autonomy of Courts
33. Independence of courts determines their organisational self-sufficiency which is realised through autonomy of courts.
34. Autonomy of courts is founded on representation, elections, accountability of their executive bodies as well as on responsibility of institutions of judicial autonomy for a proper performance of their functions.
35. Institutions of judicial autonomy shall report periodically about their activities to the highest body of autonomy - the General Meeting of Judges. Article
36. Financial and Material Guarantees for the Functioning of Courts
37. Independence and self-sufficiency of courts shall be ensured by the financial and material guarantees stipulated in this Law.
38. 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.
39. 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
40. Court System of the Republic of Lithuania. Establishment of Courts
41. 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.
42. A uniform court system of the Republic of Lithuania shall be made up of the courts of general jurisdiction and courts of special jurisdiction.
43. The Supreme Court of Lithuania, the Court of Appeals of Lithuania, district and regional courts shall be the courts of general jurisdiction dealing with civil and criminal cases. District 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.
44. The Supreme Administrative Court of Lithuania and regional administrative courts shall be courts of special jurisdiction hearing disputes arising from administrative legal relations.
45. Other courts of special jurisdiction may be established for hearing labour, family, juvenile, bankruptcy cases as well as cases of other categories.
46. Courts having extraordinary powers may not be established in Lithuania in peacetime.
47. 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.
48. 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.
49. 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.
50. The number of judges at other courts shall be determined by the President of the Republic on the advice of the Judicial Council.
51. Each court shall have legal personality and shall have a seal with the State emblem of the Republic of Lithuania. Article
52. Reorganisation and Abolishment of Courts
53. Courts shall be reorganised or abolished only by law.
54. 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 DISTRICT COURTS Article
55. District Court
56. The district court shall be composed of the Chairman of the court, Vice Chairman/men and other judges. A Vice Chairman may be appointed at a court having at least ten judges. Two Vice Chairmen may be appointed at a district court having more than twenty judges.
57. The Mortgage Department may be instituted at a district court following the procedure prescribed by law. Article
58. Jurisdiction of the District Court
59. The district 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.
60. In cases provided by law, judges of the district court shall perform the functions of an investigating judge, an enforcement judge as well other functions assigned to a district court by law. Article
61. Mortgage Department at the District Court
62. A mortgage department at the district 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.
63. The territory over which the Mortgage Department exercises jurisdiction may not coincide with the territory of jurisdiction of the district 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.
64. 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.
65. The Mortgage Department shall have its seal with the State emblem of the Republic of Lithuania and its own bank account. Article
66. Functions of the Mortgage Judge
67. 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.
68. A judge of the district court discharging the functions of a mortgage judge may also perform other functions assigned to a judge of the district court. SECTION TWO REGIONAL COURTS Article
69. Regional Court
70. The regional court shall consist of the Chairman, Chairmen of divisions and other judges.
71. The regional court shall have the Civil Division and the Criminal Division.
72. 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
73. 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 district courts; 4) perform other functions assigned to its jurisdiction. SECTION THREE THE COURT OF APPEALS OF LITHUANIA Article
74. The Court of Appeals of Lithuania
75. The Court of Appeals of Lithuania (hereinafter - the Court of Appeals) shall be composed of the Chairman, Chairmen of the divisions and other justices.
76. The Court of Appeals shall have the Civil Division and the Criminal Division.
77. 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.
78. The Court of Appeals shall have its seat in Vilnius, the capital of Lithuania. Article
79. 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 LITHUANIA Article
80. The Supreme Court of Lithuania
81. 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.
82. The Supreme Court shall have the Civil Division and the Criminal Division.
83. 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.
84. The Supreme Court shall form the Senate of the Supreme Court.
85. 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.
86. The Supreme Court shall have its seat in Vilnius, the capital of the Republic of Lithuania. Article
87. Jurisdiction of the Supreme Court
88. 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.
89. 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.
90. The Supreme Court shall also perform other functions assigned under law to its jurisdiction. Article
91. Composition of the Supreme Court Senate
92. 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.
93. The Chairman of the Supreme Court Senate shall be the Chief Justice of the Supreme Court.
94. The Supreme Court Senate shall elect from among its members the Secretary of the Senate for a term of four years. Article
95. 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
96. Sessions of the Supreme Court Senate
97. Sessions of the Supreme Court shall be convened by the Chief Justice of the Supreme Court.
98. 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.
99. 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 Vice Minister of Justice, the Deputy Chairman of the Supreme Administrative Court of Lithuania, the Deputy Prosecutor General and the Vice Chairman of the Council of the Bar may take part in the sessions of the Supreme Court Senate.
100. Chairmen, vice chairmen, division chairmen and judges of other courts may take part in the sessions of the Supreme Court Senate.
101. 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 district 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.
102. 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.
103. 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
104. Bulletin of the Supreme Court
105. The Supreme Court shall issue its bulletin "Court Practice" publishing in it periodically the following: 1) the rulings indicated in this Law, Article 23, paragraph 2, subparagraph 1; 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.
106. 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
107. 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
108. 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
109. The Supreme Administrative Court of Lithuania
110. 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.
111. The seat of the Supreme Administrative Court shall be in Vilnius, the capital of the Republic of Lithuania. Article
112. Jurisdiction of the Supreme Administrative Court
113. 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 district 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.
114. 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.
115. The Supreme Administrative Court shall exercise other functions assigned to its jurisdiction by law. Article
116. The Bulletin of the Supreme Administrative Court
117. The Supreme Administrative Court shall issue its bulletin under the title "Practice of Administrative Courts" publishing in it periodically the following: 1) decisions, rulings and orders 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.
118. 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
119. Sources of Law in Court Hearings
120. 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.
121. 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. Article
122. Underlying Principles of Court Hearings
123. 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.
124. 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.
125. 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 District Court shall direct another judge of the same court to perform the above actions.
126. Courts may establish specialisation of judges for hearing certain categories of cases. Article
127. Symbols in the Courtroom and Distinguishing Marks of the Participants of the Hearing
128. There must be the State flag of Lithuania and the State emblem of Lithuania in a courtroom.
129. During the hearing of a case the judges shall wear gowns and insignia with the State emblem of Lithuania.
130. During the hearing the lawyers and prosecutors shall wear gowns. Article
131. Composition of the Court
132. Cases at the district 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 district court may be heard by a chamber of three judges.
133. 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.
134. 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.
135. Cases at the Court of Appeals shall be heard by a chamber of three judges.
136. 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.
137. Chairmen of district 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.
138. 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 Vice 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.
139. 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. Article
140. Resolutions of Disputes over the Jurisdiction
141. 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 Vice 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 Vice Chairman of the Supreme Administrative Court.
142. 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.
143. 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
144. Recording of the Course of the Court Hearing and Outcome of Cases
145. 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.
146. The contents and the structuring of the text of the record shall be established by procedural law.
147. For the purposes of recording the course of the proceedings, taking down and examining the testimonies, the proceedings may, following the procedure established by procedural law, be audio- and video-recorded, filmed and photographed, or any other technical equipment may be used. A reference shall be made in the record of the proceeding about the use of technical equipment, and the recordings or any other results of the use of technology shall be attached to the record of the court hearing or kept in the file of the case.
148. 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.
149. 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.
150. 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
151. Publication of Court Decisions
152. After hearing of the case the decision, judgement, ruling or order handed down by the court shall be announced publicly, following the procedure laid down by law.
153. In cases provided by law, a court decision may be announced in the mass media.
154. The National Court Administration shall, following the procedure established by the Council of Courts, make public decisions, judgements, rulings and orders which have been handed down in cases involving a public interest by district administrative courts, regional courts and the Court of Appeals and which have become effective, as well as the substantive provisions of decisions, judgements, rulings and orders handed down in closed proceedings, with the exception of cases prohibited by law.
155. Decisions, rulings and orders of the Supreme Administrative Court established by this Law shall be published in the bulletin of the Supreme Administrative Court and on its internet web site.
156. Decisions and orders of the Supreme Court established by this Law shall be published in the bulletin of the Supreme Court and the internet web site.
157. Court decisions, judgements, rulings and orders shall be made public, in the cases indicated in paragraphs 2, 3, 4 and 5 of this Article, pursuant to the requirements of protection of personal data, state, official, commercial, professional and other secrets protected by law, and pursuant to the other restrictions and prohibitions provided by law. Article
158. 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. PART III JUDGES CHAPTER VI STATUS OF JUDGES. STATUS SYMBOLS SECTION ONE POWERS, RIGHTS AND DUTIES Article
159. Powers of Judges
160. A judge shall be a civil servant having the powers of state authority provided in this Law and other laws.
161. 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 a judge shall incur liability provided by law. Article
162. Status Symbols of the Judges
163. When administering justice, the judges shall have the following status symbols - a judge's gown and insignia with the State emblem of Lithuania.
164. 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.
165. Samples of the status symbols of the judge and of the judge's certificate shall be endorsed by the President of the Republic upon the advice of the Council of Courts. Article
166. Duties of the Judge
167. 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.
168. Apart from administration of justice, a judge shall also perform other duties assigned by law to the jurisdiction of the court where he works.
169. 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.
170. A judge must undergo regular health checks, following the procedure approved by the Judicial Council and endorsed by the Ministers of Health and of the Interior.
171. 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
172. Rights and Freedoms of the Judge
173. 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.
174. The procedural rights of a judge shall be set forth in procedural legislation.
175. 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.
176. 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 JUDGITIARY Article
177. Permanence of the Judicial Authority
178. 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.
179. A person shall be appointed to hold the post of a judge for a definite period of time.
180. The term of office of an appointed judge may not be shortened.
181. 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.
182. 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
183. Prohibition of Interfering with the Judge
184. It shall be prohibited to interfere with a judge in order to exert influence on the course or outcome of a case.
185. 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.
186. 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
187. Immunity of the Judge
188. Liberty of the judge may bot be restricted without the consent of the Seimas, and between the sessions of the Seimas - without the consent of the President of the Republic.
189. 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 and documents except in cases provided by law.
190. If a criminal suit is brought against the judge his authority may be suspended by the Seimas, and between the sessions of the Seimas - by the President of the Republic. The authority of the judge shall be suspended until the judgement in a criminal suit becomes effective. If the judge is found not guilty his authority shall be renewed and he shall be paid the salary due to him for the period of suspension of his authority.
191. No administrative measures may be taken against the judge. If the judge commits an administrative offence the matter shall be referred to the Commission of Judicial Ethics and Discipline.
192. The judge detained without any personal documents and brought to any law enforcement institution shall be released immediately after his identity has been established.
193. 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
194. Work and Activity outside the Court
195. 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.
196. The judge shall be free to participate in the activities of the institutions of judicial autonomy. During his work at the institutions of judicial autonomy the workload of the judge at the court where he works shall be reduced accordingly.
197. 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.
198. The judge may not receive any other remuneration except the judge's salary and remuneration for teaching or creative activities.
199. The judge may not participate in the activities of political parties and any other political organisations.
200. The judge shall be immune from conscription. Article
201. Protection of the Judge, Members of His Family and Their Property
202. 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.
203. 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
204. Other Guarantees of Judicial Independence
205. The State shall guarantee, by financial and organisational technical measures, adequate conditions of work for the judges and courts.
206. 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 DISTRICT COURT AND THEIR SELECTION Article
207. Requirements for a Candidate to Judicial Office of the District Court
208. The post of a district court judge may be filled by a national of the Republic of Lithuania of high moral character, having a university degree in law, possessing the qualifications required under law, who submits a health certificate, has a record of at least five years of work in the legal profession and has passed the examination for candidates. 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.
209. Legal education obtained abroad shall be recognised in accordance with the procedure established by the Government. Article
210. High Moral Character
211. 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 public 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
212. Length of Service in the Legal Profession
213. 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.
214. A list of legal professions shall be approved by the Government or an institution authorised by it.
215. 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.
216. The regulations of the Commission for Recognition of the Length of Service in the Legal Profession shall be approved by the Minister of Justice.
217. 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.
218. The decision of the Commission for Recognition of the Length of Service in the Legal Profession may be appealed to the administrative court. Article
219. Examination Commission of Candidates to Judicial Office
220. 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.
221. 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.
222. 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.
223. Regulations of the Commission for the Examination of Candidates to Judicial Office and the examination programme shall be approved by the Judicial Council. Article
224. List of Candidates to Judicial Vacancies at the District Court
225. 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 district court. The list as well as personal files of the candidates to a judicial office shall be administered by the National Courts Administration.
226. The procedure for entering persons in the list of candidates to judicial vacancies at a district court shall be approved by the Judicial Council.
227. A list of candidates to judicial vacancies at a district court shall be submitted to the President of the Republic and the Judicial Council. SECTION TWO APPOINTMENT OF JUDGES AND THEIR OATH Article
228. Appointment of a District Court Judge
229. A judge of a district court shall be appointed by the President of the Republic from the list of candidates to judicial vacancies at a district court.
230. The President of the Republic shall be advised about the appointment of a judge of a district court by the Judicial Council.
231. The President of the Republic shall submit the names of the nominees to the Judicial Council with a request for its advice.
232. The issue of appointment of the nominees to a judicial vacancy of a district court shall be dealt with during the next meeting of the Judicial Council.
233. After consideration of the appointments to the judicial office, the Judicial Council shall advise the President of the Republic about a definite nominee. The Judicial Council may advise the President about two or more candidates to a judicial vacancy at a district court.
234. The Chairman of the Judicial Council shall, within five days, communicate in writing to the President of the Republic the decision of the Judicial Council about its advice. Article
235. Judges' Term of Office
236. A person shall be appointed to a judicial office at a district court for the first time for a term of five years in order to ascertain whether the person qualifies for the office. A person may be appointed to hold a judicial office for a term of five years only once. The appointment of a person a judicial office of a district court for a term of five years shall not be regarded as a reappointment if he discharged judicial duties after the first appointment for a term shorter than five years. After the expiry of the five year term, such a person may be appointed a judge of a district court, without a prior examination and selection, by the President of the Republic of Lithuania, for a term until he is 65 years of age.
237. Judges of other courts shall, from the outset, be appointed for a term until they are 65 years of age.
238. When a judge of the Supreme Court of Lithuania, the Court of Appeals of Lithuania and the Supreme Administrative Court of Lithuania reaches the age of 65, his term of office may be extended by the institution which appointed him until the age of
239. In such cases the judge wishing to have an extension of his term of office shall apply to the President of the Republic. The issue in respect of extension of the judge's term of office shall be decided in accordance with the procedure of appointment of a judge of an appropriate court as laid down in this Law.
240. Before the expiry of the terms of office specified in paragraphs 1, 2 and 3 of this Article, the powers of a judge may be terminated only in cases of suspension or removal of a judge from office as laid down in the Constitution of the Republic of Lithuania and this Law.
241. If a judge's term of office expires during the hearing of a case, he may continue in office to complete the hearing of the case or until the hearing is postponed. Article
242. Appointment and Replacement of a Mortgage Judge
243. A judge of a district court having the Mortgage Department may be appointed to discharge the functions of a mortgage judge. The judge's competence to discharge the duties of a mortgage judge shall be determined by the Chairman of a district court.
244. Performance of the functions of a mortgage judge may be assigned to several mortgage judges.
245. When the mortgage judge is ill or when he is not available for some other reasons the Chairman of a district court shall, in accordance with the procedure laid down in paragraph 1 of this Article, assign another judge of the same court to discharge the duties of a mortgage judge Article
246. The Judge's Oath
247. The person appointed a judge, before assuming his duties, shall, in a solemn ceremony, swear an oath to the President of the Republic of Lithuania or the Seimas who have appointed him. The text of the oath shall be as follows: "I, judge (name, surname) solemnly swear my allegiance to the Republic of Lithuania, to perform my duties in good faith, to administer justice in accordance with the Constitution and laws of the Republic of Lithuania, to protect human rights, freedoms and lawful interests, to be impartial, honest and humane, to protect the state secrets entrusted to me and always conduct myself as befits the judge. So help me God."
248. The oath may be sworn without the last sentence.
249. When swearing the oath the judge shall wear his gown.
250. The judge shall sign the text of the oath. The text of the oath shall be held in the judge's personal file.
251. After the oath the President of the Republic or the Chairman of the Seimas shall hand to the judge a badge with the State emblem of Lithuania as a symbol of the judicial authority.
252. A judge shall swear the oath to the President of the Republic or the Seimas only once unless his powers have been suspended. Article
253. Eligibility of a Justice of the Constitutional Court of the Republic of Lithuania and of the Supreme Court of Lithuania to Be Appointed a Judge A former Justice of the Constitutional Court, of the Supreme Court of Lithuania may be appointed, without an examination and selection, a judge of the Supreme Court, of the Court of Appeals, of the Supreme Administrative Court, of a regional court, of the regional administrative court or of a district court. Article
254. Appointment of a Former Judge to Judicial Office A former judge of any higher level court dismissed from his office at his own request, elected to another office or, with his consent, transferred to another job, may be appointed a judge of the court of the same level or of any lower court without an examination and selection if Article
255. Restrictions on the Appointment of a Judge to a Specific Court or a Division of the Court A judge may not be appointed to work at a court or a court division where his spouse, children/adoptive children, parents/adoptive parents, brothers, sisters/adoptive brothers, sisters work as Chairman, Vice Chairman or Chairman of a division respectively. SECTION THREE TRANSFER OF JUDGES TO OTHER COURTS, THEIR APPOINTMENT AS JUDGES OF OTHER COURTS, THEIR CAREER DEVELOPMENT Article
256. Transfer of a Judge to Another Court
257. A judge of a district court, a regional administrative court or a regional court may be transferred to another court of the same level subject to his consent.
258. Consent of a judge shall not be necessary for a temporary transfer of a judge to another court of the same level in order to ensure the functioning of the court (in cases where the judge of this court is unavailable due to ill health, where there is a vacancy in the court or where the judge of this court is not able to carry out his functions for other reasons). Such a transfer of a judge may not last longer than six months and may not occur more frequently than once every three years.
259. In cases provided by this Article, a judge shall be transferred to another court without an examination and selection by a decree of the President of the Republic of Lithuania,.
260. The President shall be advised by the Judicial Council in respect of the transfer of the judge. Article
261. Appointment of a Judge to Judicial Office of a Lower Court
262. A judge may, at his request, be appointed a judge of any lower court.
263. A judge of a regional administrative court or a judge of a regional court may, at his request, be appointed a judge of a district court..
264. A judge of the Supreme Administrative Court or a judge of the Court of Appeals may, at his request, be appointed a judge of a regional court, of a regional administrative court as well as of a district court.
265. In the case provided for by Article 45, paragraph 4, a judge shall be appointed a judge of a lower court only subject to his consent.
266. Consent of a judge is not needed when he is appointed a judge of a lower court when applying to him a disciplinary sanction.
267. In cases specified in this Article, a judge shall be appointed to another court without an examination and selection, in accordance with the established procedure of appointment and dismissal of judges. Article
268. Register of Persons Seeking Judicial Promotion
269. A person seeking judicial office at a court of a higher level shall be included in the register of persons seeking judicial promotion.
270. The register of persons seeking judicial promotion and the personal files of persons seeking judicial office at a court of a higher level shall be administered by the National Courts Administration.
271. The procedure of including persons in the register of persons seeking judicial promotion shall be approved by the Judicial Council.
272. The National Courts Administration shall communicate the information about the persons who have been included in the register of persons seeking judicial promotion to the President of the Republic of Lithuania and the Judicial Council. Article
273. Requirements for a Person Seeking Judicial Office at the Regional Administrative Court or the Regional Court A judge entered in the register of persons seeking judicial promotion, of at least five years standing as a judge of a district court as well as a person having Doctor or Habil. Doctor of Social Sciences (Law) degree and of at least five years' standing as a university lecturer in law who has submitted a health certificate may be appointed a judge of a regional administrative court or a regional court. Article
274. Requirements of a Person Seeking Judicial Office of the Supreme Administrative Court or the Court of Appeals
275. A judge entered in the register of persons seeking judicial promotion, of at least four years standing as a judge of a regional administrative court or a regional court as well as a person having Doctor or Habil. Doctor of Social Sciences (Law) degree and of at least ten years' standing as a university professor of law who has submitted a health certificate may be appointed a judge of the Supreme Administrative Court or the Court of Appeals.
276. A judge of the Court of Appeals may be appointed a judge of the Supreme Administrative Court, and a judge of the Supreme Administrative Court may be appointed a judge of the Court of Appeals without regard to his record of work at the Court of Appeals or at the Supreme Administrative Court. Article
277. Requirements for a Person Seeking Judicial Office of the Supreme Court A judicial office of the Supreme Court may be filled by: 1) a judge of a regional administrative court, a judge of a regional court with a record of at least eight years of work as a judge; 2) a judge of the Supreme Administrative Court and a judge of the Court of Appeals with a record of at least five years of work as a judge in any of these courts; 3) a person having Doctor or Habil. Doctor of Social Sciences (Law) degree and a record of at least 15 years of work as a university professor of law who has submitted a health certificate. Article
278. Recognition of the Record of Service as a University Professor of Law Teaching at the universities offering graduate programmes of BA in law and/or MA in law as well as graduate programmes of professional lawyer qualifications degree, i.e. providing a single level university degree in law, by individuals having Doctor or Habil. Doctor in Social Sciences (law) degree shall be recognised as a record of service of a university law professor referred to in Articles 66, 67 and 68 of this Law . Article
279. Appointment of a Judge of the Regional Court and the Regional Administrative Court
280. A judge of a regional court and of a regional administrative court shall be appointed by the President of the Republic from among the persons entered in the register of persons seeking judicial promotion.
281. The President of the Republic shall be advised by the Judicial Council in respect of the appointment of a judge of a regional court and of a regional administrative court.
282. The candidates to a judicial post of a regional court and of a regional administrative court shall be considered by the Judicial Council in accordance with the procedure specified in Article 56, paragraphs 3, 4, 5 and 6 of this Law. Article
283. Appointment of a Judge of the Supreme Administrative Court
284. A judge of the Supreme Administrative Court shall be appointed by the President of the Republic from among the persons entered in the register of persons seeking judicial promotion.
285. The President of the Republic shall be advised by the Judicial Council in respect of the appointment of a judge of the Supreme Administrative Court.
286. The candidates to a judicial post of the Supreme Administrative Court shall be considered by the Judicial Council in accordance with the procedure specified in Article 56, paragraphs 3, 4, 5 and 6 of this Law Article
287. Appointment of a Judge of the Court of Appeals
288. A judge of the Court of Appeals shall be appointed by the President of the Republic from among the persons entered in the register of persons seeking judicial promotion, with the concurrence of the Seimas.
289. The President of the republic shall be advised in respect of the appointment of a judge of the Court of Appeals by the Judicial Council.
290. The candidates to a judicial post of the Court of Appeals shall be considered by the Judicial Council in accordance with the procedure specified in this Law, Article 56, paragraphs 3, 4, 5 and
291. Article
292. Appointment of a Judge of the Supreme Court
293. A judge of the Supreme Court shall be appointed by the Seimas on the nomination of the President of the Republic.
294. The candidates to a judicial post of the Supreme Court shall be selected and nominated by the President of the Supreme Court. This nomination shall not be binding on the President of the Republic. CHAPTER VIII CHAIRMEN, VICE CHAIRMEN OF THE COURTD ASND HEADS OF THE COURT DIVISIONS Article
295. Appointment of the Chairman, Vice Chairman of the District Court, the Regional Court and the Regional Administrative Court, and of the Chairman and Head of a Division of the Regional Court
296. The chairman, the vice chairman and the head of a division of the district court, the regional court and the regional administrative court shall be appointed by the president of the Republic on the advice of the Judicial Council.
297. The Chairman, the Vice Chairman of the regional administrative court and the Chairman, the Vice Chairman and the Head of a division of the regional court shall be appointed for a term of five years.
298. The Chairman, the Vice Chairman of the district court shall be appointed for a term of five years. Article
299. Appointment of the Chairman and the Vice Chairman of the Supreme Administrative Court
300. The Chairman and the Vice Chairman of the Supreme Administrative Court shall be appointed by the President of the Republic of Lithuania upon advice of the Judicial Council.
301. The Chairman and the Vice Chairman of the Supreme Administrative Court shall be appointed for a term of six years. Article
302. The Procedure of Appointment of the Chairman and the Vice Chairman and Head of a Division of the District Court, the Regional Administrative Court, the Regional Court and the Supreme Administrative Court The candidates to the posts of chairman, the vice chairman, and the head of a division of the district court, the regional administrative court, the regional court and the Supreme Administrative Court shall be considered by the Judicial Council in accordance with the procedure set forth in Article 56, paragraphs 3, 4, 5 and 6 of this Law. Article
303. Appointment of the Chairman of the Court of Appeal and the Chairman of a Division of the Court of Appeal
304. The Chairman of the Court of Appeal shall be appointed by the President of the Republic subject to the concurrence of the Seimas.
305. The Chairman of a division of the Court of Appeals shall be appointed by the President of the Republic.
306. The President of the Republic shall be advised in respect of the appointment of the Chairman of the Court of Appeals and of the Chairman of a division of the Court of the Appeal by the Judicial Council .
307. The Chairman of the Court of Appeals and the Chairman of a division of the Court of Appeals shall be appointed for a term of six years. Article
308. Procedure of Appointment of the Chairman of the Court of Appeals and the Chairman of a Division of the Court of Appeals of Candidates to the office of the Chairman of the Court of Appeals and the Chairman of a division of the Court of Appeals shall be considered in accordance with the procedure specified in this Law, Article 56, paragraphs 3, 4, 5 and
309. Article
310. Appointment of the Chairman of the Supreme Court and the Chairman of a Division of the Supreme Court
311. The Chairman of the Supreme Court shall be appointed by the Seimas on the recommendation of the President of the Republic from among .the judges appointed to the Court.
312. The Chairman of a division of the Supreme Court shall be appointed by the Seimas on the recommendation of the President of the Republic and advice of the Chairman of the Supreme Court from among the judges appointed to the Court
313. The Chairman of the Supreme Court and the Chairman of a division of the Supreme Court shall be appointed for a term of seven years. Article
314. The Status of the Chairman and Vice Chairman of the Court and the Chairman of a Division of the Court
315. The Chairman, the Vice Chairman of the court, and the Chairman of a division of the court shall enjoy the same rights and have the same duties as other judges.
316. Additional procedural rights and duties of the Chairman, the Vice Chairman and the Chairman of a division of the court shall be established by statutes.
317. The administrative powers of the Chairman, the Vice Chairman and the Chairman of a division of the court shall be established by statutes and other legal acts.
318. The Chairman, the Vice Chairman and the Chairman of a division of the court may not be appointed for more than two terms in office. Article
319. Removal from Office of the Chairman, the Vice Chairman and the Chairman of a Division of the Court
320. The Chairman, the Vice Chairman and the Chairman of a division of the court shall removed from office: 1) upon expiry of the term in the appointed office unless he is re- appointed for another term; 2) in all other cases of removal of a judge from office as specified in this Law, Article 90, paragraph
322. The Chairman of the Supreme Court shall be removed from office by the Seimas on the recommendation of the President of the Republic.
323. The Chairman of a division of the Supreme Court shall be removed from office by the Seimas on the recommendation of the President of the Republic and the advice of the Chairman of the Supreme Court.
324. The Chairman of the Court of Appeals shall be removed from office by the President of the Republic subject to the approval of the Seimas.
325. The Chairman of the Supreme Administrative Court and the Vice Chairman of the Supreme Administrative Court shall be removed from office by the President of the Republic.
326. The Chairman of a division of the Court of Appeals, the Chairman and the Chairman of a division of the regional court, the Chairman and the Vice Chairman of the regional administrative court, the Chairman and the Vice Chairman of the district court shall be removed from office by the President of the Republic.
327. In respect of the removal of persons from office indicated in paragraphs 4, 5 and 6 of this Article the President of the Republic shall be advised by the Judicial Council. Article
328. Removal from Office of the Chairman of the Supreme Court, the Chairman of the Court of Appeal and the Chairman of a Division
329. The Chairman of the Supreme Court or the Chairman of the Court of Appeal may be removed from the position of the Chairman and judicial office by impeachment for a gross violation of the Constitution or a breach of oath also if it becomes known that he has committed a criminal offence.
330. The procedure of removal specified in paragraph 1 of this Article may be also applied to the Chairmen of divisions of the Supreme Court and of the Court of Appeals.
331. When impeachment is initiated by a resolution of the Seimas in respect of the person indicated in paragraphs 1 and 2 of this Article, his powers shall be suspended until a decision is delivered in the impeachment procedure. Where the Seimas does not approve of impeachment the powers of this person shall be renewed and he shall be reimbursed for the period of suspension of his powers. CHAPTER IX LIABILITY OF JUDGES, THEIR DISMISSAL AND REMOVAL FROM OFFICE SECTION ONE LIABILITY OF JUDGES Article
332. Disciplinary Liability of Judges
333. A disciplinary action shall be brought against a judge by the Judicial Court of Honour.
334. A disciplinary action may be brought against a judge at the Judicial Court of Honour: 1) for an action demeaning the judicial office; 2) for commission of an administrative offence; 3) for non-compliance with the limitations on the work and political activities of judges provided by law.
335. An act demeaning the judicial office shall be an act incompatible with the judge's honour and in conflict with the requirements of the Judge's Code of Conduct discrediting the office of the judge and undermining the authority of the court. Any misconduct in office - negligent performance of any specific duty of a judge or omission to act without a good cause shall also be regarded an act demeaning the office of a judge. Article
336. Instituting a Disciplinary Action
337. A disciplinary action may be instituted against a judge immediately after at least one of the violations specified in Article 83, paragraph 2 comes to light but not later than within three months from the day when this violation came to the notice of the Judicial Ethics and Discipline Commission which has the right to institute a disciplinary action. Excluded from this time period shall be the time when the judge was absent from work due to ill health or a vacation.
338. A disciplinary action may not be instituted after a lapse of more than three years from the moment of commission of the violation.
339. A disciplinary action may be instituted against a member of the Judicial Council or the Judicial Court of Honour of honour only subject to the consent of the Judicial Council.
340. The Judicial Council and the Chairman of the court where a judge is employed or the Chairman of any court of a higher level shall have the right to make a motion for instituting a disciplinary action. The party having the right to make a motion for instituting a disciplinary action shall submit to the Judicial Ethics and Discipline Commission a reasoned petition for bringing a disciplinary action against the judge.
341. A disciplinary action against Chairmen, Vice Chairmen of courts, Chairmen of court divisions and other judges may be instituted by the Judicial Ethics and Discipline Commission. If a motion for instituting a disciplinary action is made by a member of the Judicial Ethics and Discipline Commission, the issue in respect of instituting a disciplinary action shall be considered by the Judicial Ethics and Discipline Commission without participation of this member.
342. The instituted disciplinary action shall be transferred to the Judicial Court of Honour. Refusal to institute a disciplinary action shall be communicated to the party that has made a motion to institute a disciplinary action.
343. Where a disciplinary action is instituted against a judge in respect of a concrete case he is hearing he shall be disqualified from the hearing. Article
344. The Judicial Ethics and Discipline Commission
345. The Judicial Ethics and Discipline Commission shall be composed of five members who are appointed for a term of four years by the Judicial Commission. The Chairman of the Supreme Court, the Chairman of the Court of Appeals and the Chairman of the Supreme Administrative Court shall each nominate one candidate, and two candidates shall be nominated by the Judicial Council. From among the members of the Judicial Ethics and Discipline Commission the Judicial Council shall select the Chairman.
346. A meeting of the Judicial Ethics and Discipline Commission shall have legal force when it is attended by at least three members.
347. The activities of the Judicial Ethics and Discipline Commission shall be regulated by the Rules of the Judicial Ethics and Discipline Commission. Article
348. Decisions of the Judicial Court of Honour After review of a disciplinary action the Judicial Court of Honour may, by its judgement: 1) dismiss a disciplinary action because of the absence of grounds for disciplinary liability; 2) dismiss a disciplinary action because of lapse of time; 3) limit itself to the review of a disciplinary action; 4) impose a disciplinary sanction.
349. The Judicial Court of Honour may, by its judgement, advise the President of the Republic or the Seimas, following the procedure provided by law: 1) to appoint the judge to a judicial office of a court of a lower level; 2) to dismiss the judge from office; 3) to institute impeachment proceedings against the judge.
350. When the President of the Republic or the Seimas refuses to apply disciplinary measures provided for in paragraph 2 of this Article, the Judicial Court of Honour shall restart the hearing of a disciplinary action and adopt one of the decisions pursuant to paragraph 1 of this Article.
351. A decision of the Judicial Court of Honour may, within ten days after its adoption, be appealed to the Supreme Court. Such appeals shall be heard by a chamber of three judges of the Supreme Court. An appeal may be filed by the judge and the party which instituted the disciplinary action.
352. A disciplinary action disposed by the Judicial Court of Honour hall be kept along with the judge's personal file. Article
353. Disciplinary Sanctions Imposed by the Judicial Court of Honour
354. The Judicial Court of Honour may impose one of the following disciplinary sanctions: 1) censure; 2) reprimand; 3) severe reprimand.
355. The Judicial Court of Honour shall notify the Judicial Council about the dispositions made. Article
356. Effect of a Disciplinary Sanction A disciplinary sanction imposed by the Judicial Court of Honour shall become effective ten days after it was imposed and shall be effective one year. Article
357. Criminal Liability of the Judge
358. 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 when the judge is caught in flagrante delicto.
359. Criminal proceedings against the judge may be instituted only by the Prosecutor General. When criminal proceedings are instituted against the judge he is suspended from office by the Seimas and during the period when the Seimas is not in session - by the President of the Republic. The judge shall be suspended from office until the final judgement in the criminal proceedings is handed down. Where the judge is found not guilty he shall be reinstated in office and shall receive the salary due to him during the period of suspension. SECTION TWO DISMISSAL AND REMOVAL OF JUDGES FROM OFFICE Article
360. Dismissal of the Judge
361. The judge shall be dismissed in the following cases: 1) upon his resignation; 2) when his term of office expires or when he reaches the retirement age under law; 3) by reason of health; 4) when the judge has been elected to another post or when he has been transferred to another job subject to his consent; 5) when he engages in conduct discrediting the office of judge; 6) when a judgement of his conviction becomes effective. 2) The judge may be dismissed by reason of his health only where, during one year he is ill for more than 120 calendar days in succession or for more than 140 calendar days during the last twelve months, or when he falls ill with an incurable or any other prolonged illness preventing him from discharging his duties as a judge.
362. A justice of the Supreme Court shall be dismissed by the Seimas on the motion of the Speaker of the Seimas and on the recommendation by the President of the Republic.
363. A justice of the Court of Appeals shall be dismissed by the President of the Republic subject to the approval by the Seimas.
364. A justice of the Supreme Administrative Court shall be dismissed by the President of the Republic.
365. A judge of the regional court, the regional administrative court and the district court shall be dismissed by the President of the Republic.
366. In respect of the dismissal of persons referred to in paragraphs 4, 5 and 6 of this Article the President of the Republic shall be advised by the Judicial Council.
367. When a judge contests his dismissal from judicial office he shall be entitled to appeal, within one month from the day of his dismissal, to the Vilnius Regional Court. Article
368. Removal of the Judge from Office
369. A justice of the Supreme Court and of the Court of Appeals may be removed from office by the Seimas in impeachment proceedings for a gross violation of the Constitution or a breach of the oath also if it comes to light that the judge committed a criminal offence.
370. Upon instituting impeachment proceedings at the Seimas by a resolution of the Seimas, the judge shall be suspended from office until the Seimas delivers a decision in impeachment proceedings. If the Seimas does not approve of impeachment, the judge shall be reinstated in office and shall be paid his salary due to him for the period of his suspension. CHAPTER X TRAINING AND IMPROVEMENT OF QUALIFICATIONS OF JUDGES AND JUDICIAL STAFF Article
371. Types of Training for Judges
372. Initial training and obligatory in-service training shall be provided for judges.
373. Initial training shall be intended for persons who have been appointed judges to the district court for the first time, with a view to expanding their knowledge and building professional skills. Initial training for judges shall last at least a month before the judge assumes the duties of the judicial office.
374. Obligatory in-service training involving broadening special professional knowledge and skill building shall be aimed at judges: 1) when they are given a promotion; 2) appointed or transferred from a court of general jurisdiction to a court of special jurisdiction and vice versa also in other cases when the judge's qualifications undergo a change; 3) when regulation of public relations undergoes a fundamental change; 4) at least every five years starting from the period of previous training; 5) in other cases when appropriate. Article
375. Organisation of Training of Judges
376. Training of judges shall be organised, programmes and methodological materials shall be developed by the Judicial Council and the Ministry of Justice.
377. Programmes for training of judges, regulations on training tests and schedules, types of training, its scope and financing, other teaching-related documents shall be approved by the Minister of Justice subject to the approval of the Judicial Council. Article
378. Financing of Training of Judges
379. Training of judges shall be financed by the State. For this purpose, funding under a separate programme shall be provided for the Ministry of Finance for the organisation of training of judges, development and publication of teaching materials and other training-related expenses.
380. Estimates of court expenses shall earmark funds for the planned training of judges making up at least 1.5 per cent of the allocations for judges' salaries. Article
381. Training of Court Staff Training of the court staff shall be laid down by the Law on Public Service. Under the Law on Public Service, beside the Government or a body authorised by it, the Ministry of Justice shall also take part in the development and management of programmes for the improvement of professional qualifications and training, organisation of the improvement of professional qualifications and training of the court staff. CHAPTER XI JUDGES' SOCIAL GUARANTEES Article
382. Judges' Salaries
383. Judges' salaries shall be established by law.
384. During the judge's tenure it shall be prohibited to reduce his salary, with the exception of cases provided by this Law, or any other social guarantees. Article
385. Judge's Record of Service
386. The judge's record of service shall be calculated from the day of his appointment to any judicial office.
387. For the purpose of calculating additional payment for the judge, duration of his annual leave and the amount of his pension, the record of the judge's service shall also include his work as a justice of the Constitutional Court of the Republic of Lithuania, a prosecutor, a deputy prosecutor, an investigator of the prosecutor's office, a state arbitrator, his work in the public service and, for of persons having academic degrees of Doctor of Doctor Habil. in Social Sciences (Law), the academic record of service. Article
388. Judge's Leave
389. Judges shall be entitled to the annual leave of 28 calendar days. Judges having a period of service in judicial office over five years shall be granted an additional calendar day for each subsequent year of service; however, the aggregate duration of the annual leave of the judge may not be longer than 42 calendar days. Duration of the annual leave for justices of the Supreme Court shall be determined pursuant to the Statute of the Supreme Court.
390. For the performance of judicial duties specified in the Code of Criminal Procedure, the Code of Civil Procedure and other statutes after office hours, on days off and holidays judges may be compensated by granting to them additional 14 calendar days of a paid annual leave. The procedure of granting this leave shall be established by the Government.
391. The judge may be granted a leave of absence on a motivated excuse. This kind of leave shall be granted following the procedure laid down by law.
392. In exceptional cases the judge may be recalled from his leave. not The annual leave that has not been used shall be granted to the judge at some other time.
393. A leave for the Chairman of the Supreme Court and the Chairman of the Supreme Administrative Court shall be granted by the President of the Republic.
394. A leave for Chairmen of other courts shall be granted by the Chairman of the relevant higher level court. A leave for the Deputy Chairman, the Chairman of a division and other judges shall be granted by the Chairman of the relevant court. Article
395. State Social Insurance of the Judges Judges shall be subject to compulsory state social insurance following the procedure established by the Law on State Social Insurance. Article
396. Judicial Pensions
397. A person whose aggregate period of service as a judge, a justice of the Constitutional Court of the Republic of Lithuania, a prosecutor, a deputy prosecutor, an investigator of a prosecutor's office, a state arbitrator, or a public servant, having a degree of Doctor or Habil. Doctor of Social Sciences (Law) and a record of academic service of 20 or more years and who worked for the last five years prior to retirement as a judge or whose record of judicial service is 15 or more years and who attained the old-age retirement and whose term in judicial office has expired shall be paid a judicial pension in the amount of 45 per cent of the salary in his last judicial office. The pension shall be paid from the State budget.
398. The sum of the pensions provided for in this Law and the state social insurance pension may not be in excess of 1.5 of the average national monthly wages as published by the Department of Statistics of the last but one quarter prior to the month for which the pension is paid. Limitation of the pension shall be within the competence of the paying institution following the procedure established by the Government.
399. A judicial pension shall not be allocated, and the allocated pension shall not be paid: 1) where the judge's authority is terminated by way of impeachment proceedings; 2) he is dismissed from judicial office because he has, by his conduct, compromised the dignity of judicial office; 3) a judgement of conviction in respect of him becomes effective.
400. A justice of the Constitutional Court of the Republic of Lithuania who served the term stipulated in the Constitution of the Republic of Lithuania, whose term in office has expired and who is entitled to a state social insurance pension shall be paid a judicial pension amounting to 45 per cent of his salary as a justice of the Constitutional Court of Lithuania for the last full month. The amount of this pension and the pensions paid from the State budget and the State Social Insurance Fund may not exceed 1.5 of the national average monthly wages as published by the Department of Statistics of the last but one quarter prior to the month for which the pension is paid. Article
401. Other Social Guarantees for Judges
402. A judge who is dismissed from office for health reasons or on reaching the pensionable age or when his term in office expires, shall be paid a severance pay in the amount of the average two-months salary. A person who is dismissed or removed from judicial office through his fault shall not be paid a severance pay.
403. The amount of a severance pay to a justice of the Supreme Court and the procedure of its payment shall be set forth in the Statute of the Supreme Court.
404. A judge who is appointed to a court of a lower level in the case specified in Article 65, paragraph 5 shall be paid his previous salary for three months.
405. A judge who is transferred to another court of the same level under Article 63, paragraph 2 shall be compensated the transfer expenses.
406. A judge appointed to the National Courts Administration shall be eligible for appointment to his previous office or an office equivalent to judicial office without an examination and selection where less than five years have lapsed from the end of his service as a judge.
407. Judges shall be provided an opportunity to expand, at state expense, their knowledge necessary for holding judicial office and attaining higher professional qualifications.
408. Laws may also provide for other social guarantees for judges. PART IV ADMINISTRATION IN COURTS AND COURT AUTONOMY CHAPTER XII ADMINISTRATION IN COURTS SECTION ONE POWERS OF CHAIRMEN, VICE CHAIRMEN OF COURTS AND CHAIRMEN OF COURT DIVISIONS IN THE SPHERE OF ADMINSITRATION Article
409. General Provisions on Administration in Courts
410. Administration in courts shall consist in organisational activities of judicial officers (internal administration of the court) and supervision of the above activities performed by the officers provided under this Law (external Courts Administration).
411. Administration in courts may not violate the principle of autonomy of courts.
412. The regulations of administration in courts shall be approved by the Judicial Council. Article
413. Internal Administration in the Court
414. The Chairman, the Vice Chairman of the court and the Chairman of a division of the court shall be officers of court administration who shall, in accordance with the procedure prescribed by this Law and other laws and other legal acts, direct the organisational work of the court.
415. The Chairman of the court shall assign the judges to the divisions of the court, establish the specialisation of the judges for hearing of cases of appropriate categories, appoint them to perform the functions of a mortgage judge, organise training of the judges and the court staff, approve the structure of the court and the list of positions and categories, job descriptions of the court staff and ensure that adequate conditions are provided for the judges and the judicial staff to perform their functions, recruit and dismiss the court staff in accordance with the Law on Public Service, and take other measures for ensuring a normal functioning of the court.
416. The Chairman of the court shall hold personal responsibility for providing adequate conditions for the judges and the court staff and must ensure that the court building and premises are in good condition, that the court is well provided with inventory and other organisational and technical facilities.
417. A division of the court is directed by the Chairman of the division who is also responsible for a proper performance of the functions assigned to the division. In addition, the Deputy Chairman of the court and the Chairman of a division shall be responsible for the sphere of organisational work which is assigned to them by the Chairman of the court or which is provided for by this Law and other statutes.
418. The Chairman of the court shall organise and supervise administration at the court, control compliance with the requirements of the Code of Judicial Ethics. The Chairman of the court shall review complaints of the persons in respect of the non-procedural actions unrelated to the administration of justice also in respect of the acts of the court staff and shall report to the interested parties the results of the review, shall eliminate the established shortcomings of the court, and perform other functions of court administration assigned to him.
419. The Chairman of the court shall perform administrative functions assigned to him, however, where necessary, he may direct the Vice Chairman/Chairmen of the court, the Chairmen of the divisions and other judges to perform these functions. Article
420. Supervision of Administrative Activities of Courts
421. Supervision of administrative activities shall be exercised: 1) of district courts - by the Chairman of the relevant regional court; 2) of regional administrative courts - by the Chairman of the Supreme Administrative Court; 3) of regional courts - by the Chairman of the Court of Appeals.
422. The Chairman of the court shall perform the functions of supervision of administrative activities assigned to him personally, however, where necessary, he may direct the Vice Chairman/Chairmen, the Chairmen of the divisions and other judges of the court to perform these functions. Article
423. Acting in Place of the Chairman of the Court
424. If the Chairman of a regional court, the Court of Appeals or the Supreme Court is unavailable, the Chairman of a division appointed by the Chairman of the court or the Chairman of a division with a longer period of judicial service shall act in his place unless the Chairman of the court has appointed a person to act in his place.
425. If the Chairman of a division is unavailable, a judge of this division appointed by the Chairman of the court, or a judge of this division with the longest period of judicial service in this court shall act in his place unless the Chairman of the court has appointed a person to act in his place.
426. If the Chairman of a regional administrative court or the Supreme Administrative Court is unavailable, the Vice Chairman of the relevant court shall act in place of the Chairman. If the Chairman of a regional administrative court where there are two or more Vice Chairmen has no Chairman is unavailable a Vice Chairman appointed by the Chairman of the court or the Vice Chairman with a longer period of judicial service in this court shall act in his place unless the Chairman of the court has appointed a person to act for him. If the Chairman of a regional administrative court where there is no position of a Vice Chairman is unavailable, the Chairman of the Supreme Administrative Court shall appoint one of the judges of the court to act in place of the Chairman temporarily.
427. If the Chairman of a district court is unavailable the Vice Chairman of the court shall act in place of the Chairman. If the Chairman of a district court where there are two or more Vice Chairmen is unavailable the Vice Chairman appointed by Chairman of the court or the Vice Chairman with a longer period of judicial service in the court shall act in place of the Chairman unless the Chairman of the court has appointed a person to act in his place. If the Chairman of a district court where there is no Vice Chairman is unavailable one of the judges of the district court appointed by the Chairman of the appropriate regional court shall act in place of the Chairman temporarily. SECTION TWO STAFF AND STRUCTURE OF THE COURT Article
428. The Court Staff The court staff shall consist of the court employees (public servants) who ensure proper functioning of the court and provide assistance to the judges in the performance of their duties. Article
429. Structure of the Court
430. The court staff shall be organised in structural units.
431. Each court shall have an office with the records office as its constituent part, the accounting department (the financier), and the maintenance division (the house administrator). A court may have a library, divisions of information, codification as well as other structural units.
432. Model positions of the court staff and their categories shall be established by the Law on Public Service.
433. The structure of the court, the list of positions of the staff and their job descriptions shall be approved by the Chairman of the court in accordance with the model court structure, model lists of positions and job descriptions approved by the Judicial Council.
434. The structure of the Supreme Court, the list of the positions of the staff and their job descriptions shall be approved by the Chairman of the Supreme Court in accordance with the Statute of the Supreme Court and other statutes.
435. The structure of the Court of Appeals and of the Supreme Administrative Court, the list of positions of their staff and their job descriptions shall be approved by the Chairman of the appropriate court in accordance with the statutes and other legal acts.
436. The Chairman of the court shall act as head of the court staff. Upon direction of the Chairman of the Court, the Vice Chairman, the Chairman of a division or an employee of the court may act as heads of individual structural units of the court. Article
437. Advisers of the Chairman of the Court, Advisers of the Vice Chairman of a Division, Assistants of a Judge and Consultants of the Court An adviser of the Chairman of the court, an adviser of the Chairman of a division of the court, an assistant of a judge or a consultant of the court shall be employees of the court (career civil servants in public administration) who work in the personnel department of the court and advise the Chairman of the court, the Chairman of a division of the court or the judge on the issues relating to the analysis, application and systematisation of statutes and other legal acts, provide support to the judge in preparing the cases for court hearing, prepare drafts of procedural documents and assist him in the performance of his other duties; they also carry out other directions of the Chairman and Vice Chairman of the court, the Chairman of a division of the court or the judge relating to their direct functions. Article
438. Office of the Court
439. The employees of the office of the court shall be responsible for clerical work and statistics, shall perform other functions assigned to them and carry out instructions of the Chairman of the court or the Chairman of a division of the court.
440. A court having divisions may also have offices of individual divisions.
441. The court secretariat shall be a part of the court office. It shall be composed of the court clerks and secretaries of the court administration.
442. The head of the office of the court shall be responsible for the work of the court office. The work of the office of a division of the court having divisions shall be supervised by the Chairman of the division.
443. Clerical regulations of district courts, regional administrative courts, of regional courts, the Supreme Administrative Court, and the Court of Appeal shall be approved by the Judicial Council with the consent of the Archives Department of Lithuania at the Government of the Republic of Lithuania.
444. The clerical regulations of the Supreme Court shall be approved by the Chairman of the Supreme Court with the consent of the Archives Department of Lithuania at the Government of the Republic of Lithuania. Article
445. The Court Records Office
446. The archivist (head of the archive) shall administer and be responsible for the court record office. The record office of a district court where there is no head of the record office shall be administered by an authorised employee of the court office.
447. The regulations of record offices of courts, with the exception of the Supreme Court shall be approved by the Judicial Council subject to the consent of the Archives Department of Lithuania under the Government of the Republic of Lithuania. The regulations of the record office of the Supreme Court shall be approved by the Chairman of the Supreme Court subject to the consent of the Archives Department of Lithuania at the Government of the Republic of Lithuania. Article
448. The Finance Department
449. The finance department/the financier of the court shall administer accounts and records of supplies, draw up the draft budget of the court for the next year, prepare financial and other statements relating to finance and supplies and perform other functions within its competence.
450. The finance department/the financier shall be guided in its/his activities by statutes and other legal acts regulating account keeping.
451. The financier of the court shall head the financial department and be responsible for its work. Article
452. Court Maintenance Department
453. The Maintenance Department of the court shall be responsible that the building and premises of the court are in adequate condition, for their repairs, renovation and construction, provision of adequate working conditions for the judges and the court staff, installation of organisational and technical facilities; it shall also be in charge of other technical, economic and maintenance work necessary for a proper functioning of the court.
454. The head of the Maintenance Department/ House Administrator shall be responsible for the activities of the Maintenance Department. CHAPTER XIII AUTONOMY OF COURTS SECTION ONE GENERAL PROVISIONS Article
455. The Concept of Court Autonomy Autonomy of courts shall be, in accordance with the Constitution of the Republic of Lithuania and other statutes, the right and real power exercised by the judges and courts in deciding freely and independently, on their own responsibility, the issues pertaining to the activities of courts. Article
456. The System of Court Autonomy
457. The system of court autonomy shall be composed of: 1) the general meeting of judges; 2) the Judicial Council; 3) the Judicial Court of Honour. 2) The Judicial Council and the Judicial Court of Honour shall be accountable for their activities to the General Meeting of Judges.
458. The National Courts Administration shall assist the institutions of the autonomy of courts to exercise their functions.
459. For the purpose of preparing and reviewing or making decisions on certain issues the Judicial Council may form permanent or ad hoc commissions. Article
460. Voluntary Organisations of Judges The judges may freely form and join into associations of judges or any other non-political organisations representing the interests of the judiciary. SECTION TWO GENERAL MEETING OF JUDGES Article
461. General Meeting of Judges
462. The general meeting of judges shall be the highest institution of the autonomy of courts.
463. All the judges of Lithuania shall participate in the general meeting of judges. Article
464. Competence of the General Meeting of Judges
465. The General Meeting of Judges shall: 1) approve the agenda of the General Meeting of Judges; 2) approve the Code of Judicial Ethics; 3) elect and recall members of the Judicial Council who are members of the Judicial Council not by virtue of their office; 4) hear a report about the activities of the Judicial Council; 5) hear a report of the Judicial Court of Honour; 6) consider and take decisions on other issues related to the activities of courts. Article
466. Preparation, Agenda of and Decision Making by General Meeting of Judges
467. An ordinary session of the General Meeting of Judges shall be held, as a rule, on the first Friday of March at least once every two years.
468. When necessary, an extraordinary session of the General Meeting of Judges may be convened at the initiative of the Judicial Council or of one-third of all the judges of Lithuania.
469. A draft agenda of the General Meeting of Judges shall be mailed to the judges and the date of the extraordinary session of the General Meeting of Judges shall be communicated to the judges not later than one month before the session.
470. The General Meeting of Judges shall have legal force provided more than one half of all judges of Lithuania take part in it.
471. The General Meeting of Judges shall be opened by the Chairman of the Judicial Council. He then shall hand over the powers of presiding at the meeting to the Chairman of the session elected by the Meeting.
472. Decisions of the General Meeting of Judges shall be adopted by a simple majority of the judges present. Decisions may be adopted by secret ballot subject to the decision of the Meeting. The decisions of the General Meeting of Judges shall be signed by the Chairman and Secretary of the session.
473. The decisions of the General Meeting of Judges shall be executed by the institutions of the autonomy of courts, the judges and the National Courts Administration. SECTION THREE THE JUDICIAL COUNCIL Article
474. The Judicial Council and its Composition
475. The Judicial Council shall be an executive body of the autonomy of courts ensuring independence of courts and judges.
476. The Judicial Council shall be composed of 24 members: 1) by virtue of their office - the Chairman of the Supreme Court, the Chairman of the Court of Appeals, the Chairman of the Supreme Administrative Court, an authorised representative of the President of the Republic, an authorised representative of the Seimas, the Chairman or Vice Chairman of the Legal Affairs Committee of the Seimas, the Chairman or Vice Chairman of the Committee of Budget and Finances of the Seimas, the Minister of Justice or the Vice Minister authorised by him, the Minister of Finance or the Vice Minister of Finance authorised by him; 2) Judges elected by the General Meeting of Judges: one from the Supreme Court, one from the Court of Appeals, one from the Supreme Administrative Court, one from each of the five regional courts, one from each district court in the territory of each regional court, and one from all regional administrative courts. The candidates shall be nominated by the representatives of the relevant courts during the General Meeting of Judges. 3) a judge elected by the largest public organisation of judges.
477. A judge whose period of service in judicial office is less than five years or in respect of whom measures of disciplinary liability have been applied may not be elected a member of the Judicial Council.
478. The term in office for an elected member of the Judicial Council shall be four years. A judge may be elected a member of the Judicial Council for not more than two terms.
479. The Chairman of the Supreme Court shall be by virtue of his office the Chairman of the Judicial Council. The Judicial Council shall elect the Vice Chairman and the Secretary. Article
480. Competence of the Judicial Council The Judicial Council shall: 1) elect the Vice Chairman and the Secretary of the Judicial Council; 2) approve the Rules of Procedure of the Judicial Council; 3) advise the President of the Republic in respect of the appointment of judges, their promotion, transfer and removal from office; 4) advise the President of the Republic in respect of the appointment and removal from office of Chairmen, Vice Chairmen, Chairman of divisions of courts, with the exception of cases specified in Article 79 and Article 81, paragraphs 2 and 3; 5) advise the President of the Republic in respect of determining or changing of the number of judges in courts, with the exception of cases specified in Article 12, paragraphs 8 and 9; 6) form the examination commission for the candidates to judgeships and appoint its Chairman, discuss the regulations of the commission, the programme of the examination and shall approve them; 7) approve the procedure of entering the candidates in the list of judicial vacancies at the district court and the procedure of entering the candidates in the register of persons seeking judicial promotion; 8) form selection and other permanent and ad hoc commissions and approve their regulations; 9) appoint members of the Judicial Ethics and Disciplinary Commission 10) appoint members of the Judicial Court of Honour; 11) approve the regulations of the Judicial Court of Honour; 12) approve the regulations of administration in courts and resolve other issues of administration of courts; 13) approve model structures of district, regional and regional administrative courts, model lists of positions and job descriptions; 14) consider and approve proposals on draft investment programmes for courts and proposals for the budgets of district, regional and regional administrative courts and submit them to the Government; 15) control the activities of the National Courts Administration and hear its reports; 16) convene, when necessary, the General Meeting of Judges; 17) co-operate with other institutions and organisations of Lithuania on the issues of court autonomy, administration and other issues relevant for the activities of courts; 18) co-operate with institutions of other countries and international bodies on the issues of court autonomy, administration and other issues relevant for the activities of courts; 19) decide other issues relating to court activities and relevant legislation. Article
481. Meetings of the Judicial Council
482. A meeting of the Judicial Council shall be the main form of the activity of the Council. The meetings of the Council shall usually be held in the building of the Supreme Court
483. Meetings of the Judicial Council shall be convened, as a rule, once a month. When necessary, meetings may be convened on the initiative of the Chairman of the Council or of one-third of the members of the Council.
484. The materials relating to the issues to be considered during the Council meetings shall be circulated to all the members of the Council at least three days before the meeting of the Judicial Council.
485. Decisions of the Judicial Council shall be adopted by open ballot. The Council may, on its own motion, adopt decisions by secret ballot.
486. A decision of the Judicial Council shall be adopted upon getting the approval of more than a half of all the members of the Judicial Council.
487. The decisions of the Judicial Council shall be signed by the Chairman and the Secretary of the Council.
488. The procedure of the work of the Judicial Council shall be established by its Rules of Procedure. SECTION FOUR JUDICIAL COURT OF HONOUR Article
489. Judicial Court of Honour
490. The Judicial Court of Honour shall be an institution of judicial autonomy hearing disciplinary cases of judges and petitions of judges against defamation.
491. The Judicial Court of Honour shall be formed for a term of four years and shall consist of seven members. Disciplinary cases shall be heard by a chamber of three judges. The Judicial Council shall appoint to the Judicial Court of Honour one member from the Supreme Court, two members from the Court of Appeals, one member from the Supreme Administrative Court, two members from regional courts and one member from district courts. At least two candidates shall be nominated to a vacancy of a member of the Judicial Court of Honour. A member of the Judicial Council or a judge in respect of whom disciplinary liability measures have been applied may not be appointed a member of the Judicial Court of Honour. Members of the Judicial Court of Honour shall elect the Chairman and Vice Chairman of the Judicial Court of Honour. Article
492. Sessions of the Judicial Court of Honour The Judicial Court of Honour shall hear disciplinary cases of judges and petitions of judges against defamation in accordance with the provisions of this Law and the Statute of the Judicial Court of Honour. The Statute of the Judicial Court of Honour shall be approved by the Judicial Council. SECTION FIVE NATIONAL COURTS ADMINISTRATION Article
493. National Courts Administration
494. The National Courts Administration shall be an institution funded from the budget, providing services to the institutions of judicial autonomy. The National Courts Administration shall be instituted by a separate Law.
495. The National Courts Administration shall be a legal entity, having a seal with the State emblem of Lithuania and its own bank account.
496. The activities of the National Courts Administration shall be regulated by this Law, other laws and the Statute of the National Courts Administration.
497. The headquarters of the National Courts Administration shall be in Vilnius, the capital of the Republic of Lithuania. Article
498. Competence of the National Courts Administration
499. The National Courts Administration shall: 1) prepare the materials for the General Meeting of Judges and the meetings of the Judicial Council, undertake to conduct, subject to their request, studies, analysis, surveys, draw up draft decisions, resolutions and other acts; 2) provide technical services to the institutions of court autonomy; 3) gather information about the enforcement of the decisions and resolutions of the General Meeting of Judges, the Judicial Council and the Judicial Court of Honour and submit it to the Judicial Council or, on its direction, to the General Meeting of Judges; 4) analyse the activities of courts, with the exception of administration of justice, make proposals about the conditions of work in courts; 5) organise and ensure a centralised system of supply to the courts of necessary inventory and services; 6) prepare a consolidated account about the performance of the estimates of expenditure in the budgets of the National Courts Administration, of district courts, regional courts and regional administrative courts; 7) gather, analyse and sum up statistics of the courts and submit it to the Judicial Council, the courts and the Ministry of Justice; 8) administer the list of candidates to the vacancies of judgeships and their personal files; 9) review applications, petitions and proposals falling within the competence of the National Courts Administration and take measures to solve the problems raised in them; 10) discharge other requests of the institutions of court autonomy; 11) perform other functions provided by law. PART V FUNDING AND MATERIAL SUPPORT Article
500. Funding of the Court System Courts shall be funded from the State budget. Each court shall have its own expenditure estimate. In cases provided by law, the court system may be funded from other financial sources of the State. Article
501. Drawing up and Consideration of the Budget
502. Budgets and investment programmes shall be drawn up by the appropriations managers - the courts.
503. Appropriation managers - the courts shall submit their proposals in respect of their budget drafts to the Judicial Council for consideration. The Judicial Council, following its approval of the proposals in respect of the submitted draft budgets, shall put them before the Government.
504. The Supreme Court, the Court of Appeals and the Supreme Administrative Court after preparing their budget drafts, shall directly put them before the Government. Article
505. Material Support for the Courts
506. Material support for the courts shall be organised and ensured, in accordance with the approved expenditure estimates, by the Chairmen of the courts. The National Courts Administration shall organise and ensure a centralised way of providing the courts and the National Courts Administration with the supplies and services needed.
507. The projects for State investment projects shall be approved by the Judicial Council, and the State investment programmes shall be managed by the Ministry of Justice.
508. The courts shall independently undertake supply of information and organisation services necessary for their functioning.
509. Buildings and other property used by the courts and the National Courts Administration shall be owned by the State. The courts and the National Courts Administration shall manage, use and hold this property on trust. The property transferred to the courts and the National Courts Administration may not be taken without a prior consent of the Judicial Council.
510. In individual cases, the courts may rent premises for performance of their functions. Article
511. Inspection of Economic and Financial Activities of Courts Economic and financial activities of courts may be inspected, following the procedure established by law, by the State Control and other state institutions within the limits of their competence. PART VI SECURITY OF COURTS Article
512. Ensuring Peace and Order in Courts. Security of Courts
513. Peace and order in courts shall be ensured by the police.
514. The number of the police officers appointed to ensure security of courts shall be established by the General Commissar of the Police taking into account the proposals of the Judicial Council.
515. The police which ensures security of courts shall be financed from the state budget allocations for the police.
516. The powers of the police officers who ensure security of the courts shall be established by law. PART VII FINAL PROVISIONS Article
517. Entry into Force This Law shall come into force on May 1,
518. I promulgate this Law passed by the Seimas of the Republic of Lithuania PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS