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Lithuania : Seimas Statute 1994 (Amended 2009)

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Lithuania : Seimas Statute 1994 (Amended 2009) SEIMAS OF THE REPUBLIC OF LITHUANIA S T A T U T E 17 February 1994 No I-399 Vilnius (As last amended on 5 November 2009 — No XI-453) PART I STATUS OF A SEIMAS MEMBER CHAPTER I POWERS AND THE OATH OF A SEIMAS MEMBER Article 1. Mandate of a the Seimas Member 1. The main rights and duties of a member of the Seimas of the Republic of Lithuania (hereinafter referred to as a Seimas Member) shall be defined by the Constitution of the Republic of Lithuania (hereinafter referred to as the Constitution) and this Statute, and his other rights and duties - by other laws of the Republic of Lithuania (hereinafter referred to as laws) as well. 2. In performing his duties, a Seimas Member shall act in compliance with the Constitution, interests of the State, his own conscience, and may not be restricted by any mandate. Article 2. Beginning of the Powers and Acquisition of the Rights of a Seimas Member 1. The powers of Seimas Members shall begin on the day that the newly elected Seimas convenes for the first time. The powers of the previously elected Seimas Members shall expire upon the commencement of the said sitting. 2. A Seimas Member elect shall acquire all of the rights of a representative of the Nation only upon taking the oath at a Seimas sitting to be loyal to the Republic of Lithuania. A Seimas Member who has not taken the oath shall not have the rights established in Chapter 2 of this Statute, shall not make use of the essentials provided for his activities, as well as guarantees of his activities specified in Chapter 3 of this Statute, and shall not receive the salary of a Seimas Member. Article 3. Text of the Oath of a Seimas Member 1. The text of the oath of a Seimas Member shall read as follows: “I (forename, surname) swear to be faithful to the Republic of Lithuania; swear to respect and observe its Constitution and laws, and to protect the integrity of its territory; swear to the best of my ability to strengthen the independence of Lithuania, to conscientiously serve my Homeland, democracy, and the well-being of the people of Lithuania. So help me God!” 2. The oath may be taken omitting the last sentence. Article 4. Procedure for Taking the Oath of a Seimas Member 1. The oath of a Seimas Member shall be administered by the President of the Constitutional Court of the Republic of Lithuania (hereinafter referred to as the Constitutional Court), or, in his absence or in the event that the he is temporarily unable to discharge the duties of his office, by the judge of the Constitutional Court, acting as the President of the Constitutional Court. 2. A Seimas Member shall take the oath while standing in front of the person who administers the oath, and reading the oath, holding his hand on the Constitution. 3. Upon having read the oath, a Seimas Member shall sign the nominal oath sheet. 4. The text of the oath shall not be amended and changed; only the last sentence of the oath may be struck out. The Seimas Member who does not comply with this provision, who refuses to sign the nominal oath sheet or who signs the sheet with a stipulation, shall not be considered to have taken the oath. 5. Nominal oath sheets shall be handed over to the President or the judge of the Constitutional Court, who has administered the oath, who shall check them and read the names of the Seimas Members who have acquired all of the rights of a representative of the nation. 6. A Seimas Member must take the oath anew, if, upon termination of his powers, he has again become a Seimas Member pursuant to the Constitution and laws. 7. A Seimas Member must take the oath at the first sitting of a newly elected Seimas. A Seimas Member who is not able to attend the first sitting of a newly elected Seimas due to the especially important justifiable cause, shall take the oath at the next Seimas sitting following the disappearance of such especially important justifiable cause. A Seimas Member who is elected later, shall take the oath at the next Seimas sitting following his election. Article 5. Consequences in the Event to Take the Oath of Failure by a Seimas Member The Seimas Member who fails to take the oath in the manner prescribed by this Statute, or who takes a conditional oath, shall lose the mandate of a Seimas Member under Article 59 of the Constitution. The Seimas shall adopt a resolution thereon. Article 6. Compatibility of the Duties of a Seimas Member 1. The duties of a Seimas Member, with the exception of his duties in the Seimas, shall be incompatible with any other duties in State agencies and organisations, as well as with any job in business, commercial and other private agencies or enterprises. 2. For his term of office, a Seimas Member shall be exempt from the duty to perform national defence service. 3. A Seimas Member may be appointed only as Prime Minister or Minister. Article 7. Certificate and Badge of a Seimas Member 1. A Seimas Member shall have a certificate of a Seimas Member and a badge of a Seimas Member which shall be used by him during his term of office. 2. The certificate shall be presented to a Seimas Member after the proclamation of election results, and the badge - after taking the oath. 3. A sample of the badge of a Seimas Member shall be approved by the Board of the Seimas. Article 8. Termination of the Powers of a Seimas Member The powers of a Seimas Member shall be terminated: 1) upon the expiration of his term of office, or when the Seimas elected in pre-term elections convenes for the first time; 2) upon his death; 3) upon his resignation by handing in his notice; 4) if he is declared legally incapable by the court; 5) if the Seimas revokes his mandate in accordance with impeachment proceedings; 6) if the elections are deemed invalid, or if the Law on Elections to the Seimas is grossly violated; 7) if elected a municipal councillor he does not relinquish his mandate of municipal councillor, takes a job or does not resign from the job which is incompatible with the requirements of Article 6 of this Statute; or 8) if he is deprived of citizenship of the Republic of Lithuania. CHAPTER II ACTIVITIES OF A SEIMAS MEMBER Article 9. Rights of a Seimas Member A Seimas Member shall, in the manner prescribed by this Statute, have the right to: 1) vote on all issues being considered at sittings of the Seimas, committee or commission of which he is a member; 2) elect and be elected to any office in the Seimas; 3) participate in a discussion concerning all issues under consideration, and present his motions, observations, amendments, vocally or in writing; 4) submit the text of his speech, which has not been made, to the officer presiding over a sitting for the inclusion in the verbatim record of the sitting; 5) propose issues to the Seimas for consideration; 6) prepare and submit to the Seimas for consideration drafts of laws and other legal acts, as well as to put motions relative to the laws which are to be debated in the Seimas; 7) pose questions to reporters and supplementary reporters during the Seimas sittings; 8) make statements and remarks, speak on voting motives, put motions relative to the conduct, procedure of a sitting; 9) obtain, directly or through an assistant, copies of the registered drafts of laws, as well as copies of the laws and other acts passed by the Seimas, decisions and draft decisions of the Speaker of the Seimas, the Board of the Seimas and the Assembly of Elders, drafts of the legal acts prepared by the Government, resolutions passed by other State government and administration institutions, and legal acts of public officials; 10) attend sittings of all Seimas committees and commissions, and Government sittings, and, when necessary, attend sittings of State government and administration institutions at which issues submitted by him are discussed, as well as, upon advance notice, other sittings at which the issues he is interested in are discussed, except the sittings concerning State secrets the procedure for the consideration whereof shall be established by law; 11) make inquiries to the Government members, the heads of other State institutions, submit questions to them and to the Seimas officials; and 12) together with other Seimas Members: a) submit a draft law on the amendment of the Constitution, b) initiate impeachment, c) start non-confidence, interpellation proceedings, d) convene an extraordinary Seimas session and an extraordinary sitting, e) appeal to the Constitutional Court, f) otherwise act in accordance with the provisions of this Statute. Article 10. Participation of a Seimas Member in Work of the Seimas 1. A Seimas Member must participate in Seimas sittings. 2. Each Seimas Member, with the exception of the Speaker of the Seimas and the Prime Minister, must serve as a member of some committee and must participate in the work thereof, and he may also serve as a substitute for a member of another committee. 3. Each Seimas Member may serve as a member of only one committee, except for the Committee on Foreign Affairs and the Committee on European Affairs which may consist of the members of other committees. 4. The Speaker of the Seimas and the Prime Minister may not serve as a member of a committee or his substitute.
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