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In our country, this issue has brought to light the problem of representation in the EVS and, at the same time, the issue of the division of power in the country. According to the constitutional doctrine of the country, the question should not be: EU affairs are internal affairs of a member state, because we accept the EU not as a foreign policy, but as a continuation of our internal policy, ”said M. Maldeikis. at the beginning of the press conference.
According to him, the challenges that have arisen in vaccination policy have again led to a discussion about who will be responsible for the implementation of this policy in the country.
“Who will be ultimately responsible for vaccination policy in our country? What will happen to vaccination in the country and who will be responsible for it in the end? Of course, it will be the Minister of Health and the Prime Minister, but the EVS raises it, decides and the President decides. It is a strange principle of separation of powers, when decisions are made by one power and the responsibility falls on another “, said the politician.
Mr Maldeikis also drew attention to the role of the president in EVS when the multiannual financial perspectives are adopted.
“We have a situation in which the Government and the Seimas adopt a budget that follows (…) and at the same time we have a third of the country’s budget, which is voted on by the country’s president. The situation is quite strange, I would say ”, said the parliamentarian.
According to him, the president of the EVS could represent the interests of Lithuania in the field of foreign policy.
M. Maldeikis explained that the tradition of the head of state going to the EVS was formed due to the “strengths of personalities” during the term of former president Dalia Grybauskaitė, when Andrius Kubilius was the prime minister.
This tradition has been maintained with other prime ministers, but in my opinion, it is not so much a matter of law, but a well-established level of nobility, when one authority transfers its powers to another, simply by sitting at the table and agreeing. This is not the best example of how we should manage ourselves in the state ”, emphasized M. Maldeikis.
According to him, the president of the EVS could represent the interests of Lithuania in the field of foreign policy.
Auštrevičius: A reasonable question has been asked
Petras Auštrevičius MEP also spoke about the established tradition in Lithuania. According to him, those decisions cannot be ignored, but questions need to be raised, he said.
“Is this the best (model – aut.p.)? – We can reasonably ask a lot of questions, because the establishment of this model operating in Lithuania dates back to the time of Rolandas Paksas. During his short tenure, that period coincided with a time when his team expressed great ambition, a desire, an interest to take charge of more European politics. Later, this continued with Valdas Adamkus, Dalia Grybauskaitė and now, “said P. Auštrevičius.
According to the MEP, there are many areas in the EU’s political “kitchen” that are the sole responsibility of governments.
“Those policies, be it agriculture, transport or the eurozone, are becoming part of our internal politics. It has less to do with foreign policy. We can raise the question of which executive authority in Lithuania should be assigned to coordinate European policy, whether it should be the Ministry of Foreign Affairs or the Prime Minister’s Office, in some countries we see the institution of the Deputy Prime Minister, “P. Auštrevičius pointed out.
Therefore, the MEP stressed, Lithuania must define who owns the EU policy.
“I think it is necessary to return to better coordination of European policy in Lithuania. I am not just referring to the development of that policy or participation in its development, but also to democratic control,” said the MEP.
He said the presidents later “don’t report” to the Seimas for EVS decisions – they send their advisers to inform MPs about events at EVS.
“I have nothing against them, but I think that in this way we lose the circumstances of making those decisions, without fully understanding them, perhaps without being able to obtain all the information and draw the appropriate conclusions. The question raised, I think, is completely justified, I don’t see any intention in politicking, ”said P. Auštrevičius.
Andriukaitis: practice must be changed and responsibilities must be shared
Former European Commissioner Vytenis Andriukaitis, who participated in the press conference, pointed out that according to the Constitution, the President follows foreign policy together with the Government and produces annual reports on the situation in Lithuania, domestic and foreign policy, and the Government prepares the draft. state budget and has exclusive powers.
He said that there are many areas of EU policy that, according to the country’s Constitution, are the responsibility of the executive.
“The fact that this point in the European Council of Heads of Government and State makes it clear that not only the Prime Minister can participate but also the Minister when he needs it, (…) clearly presupposes the priorities of the Government within the European Council of Heads of State and Government. “, – quoting Mr Andriukis when citing the EU Treaty.
According to him, the government representatives subsequently inform the Seimas about the decisions taken by the EVS.
“It is quite clear to me that when there are national policy issues stemming from the Lithuanian Constitution and the EU Lisbon Treaty, the main competence is the prime minister and he can use a minister, and where, according to the Lithuanian Constitution, the The president decides foreign policy matters, (…) The President of the Republic could also be involved in aspects of foreign policy, defense and security, but the main burden of responsibility (…) falls on the Government ”, underlined the former European Commissioner, who proposed to change current practice.
Sinkevičius: the president has the right to participate in EVS, regardless of the problem
For his part, Vytautas Sinkevičius, professor at the Mykolas Romeris University and former judge of the CC, pointed out that EU legislation does not strictly regulate which member state must represent EVS and, currently, the presidents of 4 countries: France, Romania, Cyprus and Lithuania. – represent their countries.
He noted that the president is the head of state who pursues foreign policy, but there is no precise explanation of the specific powers of the head of state and government.
According to the professor, the implementation of the president’s foreign policy can be understood very broadly.
“It seems to me that the essential thing is that the Constitution does not foresee that the Seimas, the Government or any other entity can in any way limit or restrict the constitutional powers of the president to resolve foreign policy matters in the broadest sense”, the MRU. the professor pointed out.
V. Sinkevičius also stressed that the president cannot withdraw from foreign policy.
Therefore, I believe that it follows from the Constitution that the President has the constitutional right to participate in all EVS meetings, regardless of the issues being considered, and this right cannot be restricted or limited by laws and other legal acts . This is in line with the purpose of EVS, as its main function is to set the overall direction and priorities for EU policies. The board of directors does not adopt legal acts ”, explained V. Sinkevičius.
However, he stressed that this does not mean that only the head of the country can represent the country.
“The Prime Minister has that right, but he can only participate if the President of the Republic does not wish to participate. It is the decision of the President not to participate in certain meetings that should determine who will attend them, he or the Prime Minister,” he said. V. Sinkevičius.
Therefore, in the professor’s opinion, attempts to restrict the president’s right to participate in EVS meetings would be unconstitutional, so according to him, if a more focused representation of the country is desired, this should be achieved through an agreement politician.
Januška: The President could offer the Prime Minister to share his participation in EVS meetings
Albinas Januška, a signatory of the Lithuanian Independence Act and former adviser to V. Adamkus, said that President Gitan Nausėda and Prime Minister Ingrida Šimonyte should agree on this issue.
“It cannot be that the president is alone, his exclusive competence is foreign policy and the government is on the sidelines. The more so since the Ministry of Foreign Affairs is part of the Government, not of the presidency, and it is not just an institution that serves the presidency, ”said A. Januška.
According to him, foreign policy sometimes does not need to be understood very broadly, because then there is room for interpretation. For example, in terms of vaccination policy.
Mr. Januška emphasized the need to discuss the issue of EVS representation.
“Today there has been a debate that we don’t need to discuss it because the president will be angry. Don’t you understand how we lived for ten years? (…) Few political parties are interested in foreign policy, and it has been that way for ten years. Yes we continue like this and we are even afraid to discuss … (…) This is a worthy issue, a fundamental issue, constitutional, European, our internal “, emphasized the signer.
He did not hide his hope that President Gitanas Nausėda would offer Prime Minister Ingrida Šimonyte to share her participation in EVS.
“It would be better if they agreed on their own, the president would offer to go to certain EVS together or separately. He also went together. I remember when the president of Poland and the prime minister of Poland were driving together, there were no problems. There are solutions, the president could suggest how to solve those things himself, and not, based on his advisers, explain that he is an executive branch, so he has the right to participate, ”said A. Januška.
According to him, if the problem is not solved, the Seimas should take the initiative.
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