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On Friday, the Constitutional Court (CC) issued a ruling that the Constitution was violated by re-approving the powers of the Government of Prime Minister Saulius Skvernelis last July.
According to the president of the CC, “the powers of the Government can be granted in the only way: with the approval of the Seimas for its program.”
“This resolution of the CC will be published in the Registry of Legal Acts on December 23, 2020. This means that the current Government can act until this date, if its powers are not extinguished for the causes previously provided for in the Constitution,” he said. D. Žalimas.
According to the President of the Court, that time would be sufficient to assess the circumstances and the remaining period of the Government’s mandate, if changes still need to be made to its program, to consider the program in the Seimas.
“Therefore, taking into account the arguments, the CC decided to publish it in the Registry of Legal Acts on December 23,” said the president of the CC.
The president of the CC explained that if the CC’s decision in this case were announced immediately, the Government, which was authorized to act again, would lose the authority to continue acting.
“In other words, there would be no government in the Republic of Lithuania empowered to act in accordance with the Constitution, which would be entrusted to hold office at least temporarily. The governance of the state would be interrupted ”, explained D. Žalimas the reasons for the decision.
The president of the CC explained that the assertion that the Seimas protocol resolution is in conflict with the Constitution “does not in itself constitute a basis to challenge the constitutionality of the acts adopted by the Government that has recovered its powers through this protocol resolution” said D. Žalimas.
Širinskienė: I tried to warn the French that I was making a mistake
The chairman of the Seimas Law and Order Committee of the Lithuanian Peasant Green Union accused the chairman of the Seimas Viktoras Pranckietis of this situation.
“Almost exactly one year ago, when the decision on the protocol resolution was made, I tried to warn the president of Seimas V. Pranckietis that I was making a mistake that would be fatal in the Constitutional Court. My colleague J. Bernatonis and I said the same thing in the Coalition Council (V. Pranckietis had not yet invented that he was a liberal at the time), we tried to propose the wording of the resolution. The Seimas Spokesperson asked for silence, because it seemed different to him that he acted in accordance with the norms of the Statute (now also recognized as unconstitutional) – he took the Seimas and the Government hostage by stubbornly registering the protocol resolution. And the reason for such behavior was elementary: laziness, ”wrote A. Širinskienė on Facebook.
French: Širinskienė’s memory has probably failed
In evaluating Agnė Širinskienė’s comments after the Constitutional Court ruling, the president of the Seimas believes that apparently the memory of Ms Širinskienė will be weak, since last year Juozas Bernatonis presented the form of the Seimas resolution on the powers of the Government.
The same position was actively defended by Prime Minister Saulius Skvernelis during the discussion of this resolution in the Seimas Hall, which can easily be seen from the stage of the session. This was the path chosen by the rulers and, unfortunately, it was not the first to violate our Constitution, said V. Pranckietis.
The president of Seimas also noted that he did not participate in the aforementioned coalition council, in which A. Širinskienė participates, and had not received his opinion on this matter.
Shedbar: the government is de facto illegitimate
Stasys Šedbaras, a politician from the Union of the Lithuanian Christian Democratic Homeland Opposition and vice president of the Seimas Public Order Committee, commented that the CC’s decision means that the current government is de facto illegitimate.
“A law-abiding prime minister should resubmit the government’s program for a vote in the Seimas next week and be properly empowered,” said S. Shedbar, quoted by the party in a press release.
According to the politician, once again, taking into account the recent resolutions adopted by the CC on the work of the commissions or their constitution, the ruling coalition does not read the Constitution at all.
In this case, it was related to something particularly important: the legitimacy and continuity of the Government’s work, since the CC recognized the need to verify the powers in the Seimas, the rulers and their leaders (R. Karbauskis and S. Skvernelis) were they cleaned their feet not only with the Constitution, but also the representation of the nation – the Seimas. The recent squandering of money to the left and right is also not legitimate without Seimas reviewing this year’s budget.
In this aspect, the attitude towards the Seimas, the representation of the nation, the institution chosen by the people, is demonstrated in the same way. At the same time, it is further proof that the Government assumes powers that the Constitution did not grant it, and such actions, as we know, are often characteristic of non-democratic countries, ”said S. Shedbar.
Sinkevičius: two paths are possible
One of the creators of the Constitution, University professor Mykolas Romeris Vytautas Sinkevičius Delfi, said that this decision of the CC is very responsible and thoughtful.
“The CC acted in a very responsible manner and gave the Government to act,” the interlocutor briefly described.
The CC said that the norms of the Statute of the Seimas, which allow the Government to obtain powers through a formal resolution, are in conflict with the Constitution. Because according to the Constitution, the only way the Government has to regain authority when I change more than half of the ministers is a resolution of the Seimas to approve the Government’s program. It doesn’t matter if it works according to the old program or if it changes, but there is simply no other way, “explained V. Sinkevičius.
The CC also said that the norms of the Statute of the Seimas, which allow to do so, are in conflict with the Constitution.
And the resolution that was adopted, that was adopted, is also unconstitutional. Because Seimas can only solve these problems through normal Seimas resolutions ”, explained the expert.
V. Sinkevičius emphasized that all Government decisions taken so far were lawful.
“The CC also said that its decision on the Statute of the Seimas and the protocol resolution of the Seimas is in conflict with the Constitution does not mean that all the actions, decisions, resolutions of the Government that were adopted before this resolution are illegal. On the contrary, they are all legal, ”he said.
Interlocutor V. Sinkevičius stressed that if this decision of the CC came into force now, the country would be left without a government.
But the CC also said that it could not officially and immediately announce this resolution, because if it did, the government would no longer have a legal basis to act. Lithuania cannot be without a government, it must function constantly. Therefore, the court postponed the announcement of its ruling until December 23. Consequently, until December 23, this Government will act as it did. All your decisions will be legal, nobody can challenge them. “
V. Sinkevičius said that this decision of the CC leaves two possibilities of action for this Government.
“We know that elections will be held, a new government will be formed. If a new government is formed at that time, it will not need new powers, because it will no longer make sense, there will be a new government. But if it happens that by then it has not been If a new government is formed, then this majority must think about how the government should regain the powers of the Seimas before December 23. And I remind you that there is only one way to achieve them: the government will have to present its program to the Seimas, if it approves Only then will he receive a mandate ”, said V. Sinkevičius about the two options.
“The CC has allowed this government to end this period, since it is likely that a new government will be formed by December 23,” said the expert in constitutional law.
The investigation began after a statement by opposition politicians.
The CC examined the case according to the written procedure of the group of Seimas members, the SNB wrote.
Opposition MPs appealed against the protocol resolution adopted by Seimas on August 20, 2019 on the reassignment of powers to the Government of the Republic of Lithuania.
According to the members of the Seimas, according to the Constitution, both the new Government and the Government, in which more than half of the ministers have changed, can be reauthorized to act in the Seimas in the only way: when the Seimas approves its program .
It is also stated that the will of the Seimas to grant the Government the power to act can be expressed through the adoption of a resolution of the Seimas and not through a formal resolution.
According to the Constitution, after the presidential elections last year, S. Skvernelis returned the powers of the Government to the new President Gitan Nausėda.
The reassignment of powers to the Government was necessary because more than half of the ministers had changed since the start of S. Skvernel’s leadership of the Cabinet in 2016.
After signing a new coalition agreement in July last year, two representatives of the Polish Lithuanian Election Campaign, the Union of Christian Families, became members of the Government: Jaroslav Narkevičius was appointed Minister of Transport and Communications Rokas Masiulis, Rita Tamašunienė she became Minister of the Interior, replacing Eimutis Misiūnas. Andrius Palionis, a member of the Seimas who became a “social worker”, became Minister of Agriculture in place of Giedrius Surplis.
The powers of the Cabinet of Ministers chaired by S. Skvernelis have been granted by one vote in accordance with the provision of the Statute of the Seimas, which provides for this procedure, if the Government’s program does not change.
Opposition politicians said parliament should have followed a longer procedure to approve the government’s program.
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