Lithuania will welcome the holidays with new official posts and barriers: is it time for the Seimas to take the initiative?

According to the Latvian Prime Minister Krišjanis Karinsis, an average of 17 people die from the coronavirus in the country every day during the past week, and this must stop.

Meanwhile, in Lithuania, considering the abundance of people who spend time in public spaces on Christmas weekends – in parks, beaches and other public places – the General Police Commissioner Renatas Požėla, welcoming the New Year , promises more attention to public spaces. R. Požėla emphasized that during the New Year period, by restricting the flow of people, special attention will be paid to public places that are adapted for rest and recreation: parks, beaches.

Police Department spokesman Ramūnas Matonis assured that restrictions on the flow of people in public attraction centers are being negotiated separately with each municipality. However, the parliamentarian, former chairman of the Seimas Defense and National Security Committee, Vytautas Bakas, warned that it would be possible to follow the example of Latvian neighbors and introduce a curfew in Lithuania without Seimas approval of the state of emergency. However, that path, like the current transfer of control of the pandemic to the government, is not appropriate. The politician stressed that people’s freedoms must be restricted by a decision of the parliament and not by decisions of the executive.

Not all emergency packages are activated

“When the government introduces quarantine measures, such as a curfew, a ban on the movement, it happens quickly, without discussion and quite undemocratic. De facto the emergency element is introduced in this case, but it is not done through parliament and this, of course, needs to be corrected later, negotiated, discussed in committees.

During Christmas, people were unable to communicate with their loved ones in another city for the entire day. This is the most limited freedom of movement for people. Draconian enough measures were introduced without the Seimas. The same is the case with the restriction of economic activity: the large supermarkets are operating and the small businesses have closed and the ruling majority refuses to consider even symbolic resolutions. Lithuania chose such a model that the Seimas withdrew from the beginning of the pandemic in the spring. The parliamentarians elected by the people took over and withdrew, handing over control to the Government, ”explained V. Bakas.

According to the parliamentarian, it would be wrong to assume that the Seimas, by introducing a state of emergency, would automatically activate all restrictions on human rights: restrictions on freedom of expression, freedom of movement and freedom of economic activity. In the Seimas resolution, as explained by V. Bakas, the introduction of a state of emergency would be considered for each element of the state of emergency, for each measure.

“Decisions on each restriction would be made in the Seimas resolution. For example, restrictions can be introduced on freedom of movement, freedom of economic activity, but freedom of expression is not restricted. It would be a consequence of deliberation, a consequence of decision-making Now the government, under the guise of certain improved laws, calls and in a few hours decides to limit freedom of economic activity, freedom of movement.

What the government is doing now should be done by parliament, choosing which restrictions are needed, which are not, which are effective and which are not. An emergency does not mean that everything is limited at once. The Seimas chooses which specific rights should be restricted and to what extent ”, the Seimas member explained.

The basis of the emergency is?

How Delfi.lt Constitutional law expert Professor Vytautas Sinkevičius pointed out that it is possible to talk about the introduction of a state of emergency only if there is a constitutional basis for it. Article 144 of the Constitution defines that “if there is a threat to the constitutional order or the seriousness of society in the State, the Seimas may establish a state of emergency throughout the territory of the State or in a part of it.”

“There are only two reasons and those reasons do not exist in Lithuania now. There is no threat to the constitutional order: the Seimas, the Government, the President are working. Is there a serious threat to society? It will not go. No one breaks. windows, no disturbances. There is no reason to impose a state of emergency, “explained the professor.

Seimas member V. Bakas assured that he still sees the basis of the extraordinary situation. “In fact, the constitutional order is already threatened. The health system is dynamic, according to morbidity indicators, Lithuania is one of the leaders in Europe – there is no maximum crisis, but the situation is very complicated and the situation must be considered more seriously than just in the government meeting, “he said.

Movement and collection restrictions under existing conditions

A spokesman for the Police Department, R. Matonis, detailed how the maintenance of public spaces where people gather in their free time will be carried out next New Year’s weekend, subject to current Government decisions and without the introduction of a state of emergency and curfew.

“We appeal to the municipalities, to the Association of Municipalities, asking specific municipalities to take the appropriate measures, starting with various restrictions, construction of signs and dams. Additional forces of officers will also be assigned to supervise the gathering places, “said a police representative.

Matonis said residents could meet with police officers and law enforcement officers on the beach next weekend, where groups of people were walking during Christmas. He cautioned that some of the places popular with residents may be surrounded by areas that will not be accessible.

“People can walk, but if there are signs that prohibit traffic in some places, cars will not be able to drive to that area. If the territory is fenced, it will not be possible to get there,” detailed R. Matonis.