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His candidacy was supported by three members of the committee, none against, five abstentions.
The committee approved other candidates: lawyer Giedrė Lastauskienė and Lithuanian Supreme Court judge Algis Norkūnas.
TTK President Stasys Šedbaras announced that there were seven TTK members and one abstention for the candidacy of G. Lastauskienė.
He also reported that six deputies had supported the candidacy of A. Norkūnas and three abstained. However, only eight members of the Seimas work at TTK.
Noting the SNB, S. Šedbaras clarified that six committee members voted in favor of A. Norkūnas’ candidacy and two abstained.
The candidacy of A. Kabišaitis for the CC was proposed by the former president of the Seimas Viktoras Pranckietis, and has now been officially presented by the president of the Seimas Viktorija Čmilytė-Nielsen.
During the ICC meeting on Wednesday, the acting head of the Lithuanian Supreme Court, Sigita Rudėnaitė, pointed out that the wording of the Seimas draft resolutions regarding CC judges is different.
The document presented by the Presidency does not say that G. Lastauskienė is appointed a magistrate of the Constitutional Court for nine years, it is written that she is simply appointed a magistrate of the CC.
S. Rudėnaitė stated that it is the different wording that could become a pretext for not reappointing the CC judges.
“It has been rumored to me that such a procedural defect could prevent (appointment – BNS) due to the different wording of the judgments,” he said.
The President of the Supreme Court asked the TTK to modify the draft ruling on G. Lastauskienė, as there is a precedent in which the Constitution was violated by incorrect wording.
In April last year, S. Rudėnaitė was removed from the post of President of the Civil Cases Chamber of the Supreme Court without justification due to the poorly prepared resolution of the Seimas of the Presidency. Later, the Constitutional Court clarified that the document presented by the Presidency was unconstitutional.
The Seimas is scheduled to vote on the candidates for CC judges on Thursday.
Two of the candidates now nominated were already rejected in the Seimas last April: the candidacy of Judge A. Norkūnas proposed by President Gitanas Nausėda and lawyer G. Lastauskienė and the President of the Supreme Court of Lithuania, S. Rudėnaitė.
At that time, the candidacy of the former CC Chancellor Ingrida Danielienė presented by the Spokesperson of Seimas V. Pranckietis was not approved either. Instead, A. Kabišaitis has been provided.
Then, as the main reproach to the candidates, it was mentioned that they are not specialists in constitutional law.
The Constitution provides that the Constitutional Court is renewed every three years for one third. The Court is made up of nine judges appointed for nine years and one term only.
The mandate of the president of the Constitutional Court Dainius Žalimas and of the judges Gediminas Mesonis and Vytas Milius ended on March 19 last year. They will remain in office until new judges are appointed.
The judges of the CC are appointed and dismissed by the Seimas.
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