At the request of the opposition, candidates for the Constitutional Court stand at the Seimas



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You can watch the broadcast of the plenary session of the Seimas here:

President Gitanas Nausėda appoints the lawyer Giedrė Lastauskienė to the judges of the CC.

Seimas spokesperson Viktorija Čmilytė-Nielsen proposes Andrius Kabišaitis, director of the Legal Department of the Seimas Chancellery.

Sigita Rudėnaitė, Acting President of the Supreme Court (Supreme Court), appoints Algis Norkūnas as judge of this court.


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Recent background

What does the sovereignty of a nation mean?

G. Lastauskienė explained to the members of the Seimas that he considered that the most important question that could arise in the CC was the examination of the national identity, defining what is the “national identity of current Lithuania” and what the category of sovereignty really means national. .

“We see that the search for national identity is taking place in all EU countries. In some of them, extremely painful and even dramatic. Therefore, this process can also start in Lithuania. Lithuania will not be an exception. I would like to hope that my competencies and strong values ​​preferences can be useful in the process, ”explained G. Lastauskienė when addressing the parliamentarians.

Presented by a representative of the President

Jūratė Šovienė, the chief adviser to President Gitanas Nausėda, said that G. Lastauskienė is a top-rated lawyer, researcher and legal theorist who is respected and recognized in the academic community.

J.Šovienė mentioned that in 2016 G.Lastauskienė was recognized as the best professor at the VU Law School.

“In the president’s opinion, G. Lastauskienė’s professionalism and solid experience in scientific, pedagogical and practical legal work would certainly contribute to the success of the CC’s work,” J. Šovienė told parliamentarians.

He posed a question about the competences of A.Kabišaitis

Vytautas Bakas, a member of the mixed group of members of the Seimas, noted that A. Kabišaitis had signed several conclusions of the Legal Department on the bills, when the laws subsequently passed were declared unconstitutional.

“For example, as a resolution of the Seimas on the appointment of Judge Sigita Rudėnaitė of the Supreme Court. His conclusion is that he had no comment, which was deemed unconstitutional. The same occurs with the powers of the Government, the law of the courts, when they wanted to protect the judges from the raids ”, named V. Bakas and asked if the candidate was really prepared to work in the Constitutional Court.

Photo by Lukas Balandus / 15min / Andrius Kabišaitis

Photo by Lukas Balandus / 15min / Andrius Kabišaitis

A.Kabišaitis stated that it is ready, and also noted that project findings are being prepared collegially.

Among other things, he emphasized that the statements of the Legal Department on the appointment of S. Rudėnaitė were, in fact, that coincided with the interpretation of the Constitutional Court: “That they are two different actions, they must be divided into two parts.”

He responded that he would support mandatory vaccination.

The candidate had to answer the question about mandatory vaccination if he would agree.

A.Kabišaitis stated that he had been interested in medical law for many years, so it is difficult to answer this question.

“There are many cases in the jurisprudence of foreign courts related to the patient’s right to decide <...>. From this point of view, of course, we must talk about the fact that the patient should have the right to choose whether or not to be vaccinated ”, he said.

On the other hand, depending on the candidate, the criteria and consequences of public safety are also important.

The decision must be made wisely.

“It may happen that a solution for universal vaccination is the only way out. But, of course, expert judgment would be needed here. In this place, the decision must be made taking into account reasonableness”, – assured A.Kabišaitis.

I would support sanctions against Russian judges

A. Kabišaitis was asked whether he supported the opinion of the Constitutional Court regarding the decisions of the Constitutional Court of the Russian Federation when justifying the annexation of Crimea, whether he would support the proposal to remove the Constitutional Court of Russia from the Confederation of Constitutional Courts Europeans or initiate sanctions.

“I will start at the end of the question, yes, I agree,” replied the candidate. – But I would look not only within the framework of our Constitutional Court, but there are many cases of hate violations, homophobia, both in the European Court of Justice and in the European Court of Human Rights. Apparently this should not be limited to the view of the Lithuanian Constitutional Court, it should be considered more broadly. “

A. Kabišaitis declared that the decisions of the Constitutional Court of Russia are violations on an international scale and sanctions should be applied for them.

A.Kabišaitis: After becoming a judge, I could draw on my experience

The Seimas spokesman, who appeared before the Seimas rostrum, tried to argue why A. Kabišaitis is fit to become a CC judge.

He stated that the candidate has many years of legal work experience, knows the legal rules, is able to analyze and apply them systematically. He also has experience in academic work, has done internships abroad, worked in Lithuanian institutions and inter-institutional working groups, and now heads the Legal Department of the Seimas Chancellery, repeatedly represented the Seimas in the Constitutional Court.

Photo by Sigismund Gedvila / 15min / Victoria Čmilytė-Nielsen

Photo by Sigismund Gedvila / 15min / Victoria Čmilytė-Nielsen

A. Kabišaitis himself stated that he could draw on his experience while working at the Constitutional Court.

“If I were appointed a judge of the Constitutional Court, I would use my experience of many years, knowledge and skills acquired both for the improvement of the activities of the Constitutional Court and constitutional justice, as well as for the general rule of law and the rule of law”, said the candidate.

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Term ended in March

The mandate of three judges of the CC – the president of the Court Dainius Žalimas and the judges Gediminas Mesonis and Vytas Milius – ended on March 19.

They continue to work until new judges are appointed.

In preparation for the end of his term a year ago, G. Nausėda appointed a lawyer G. Lastauskienė to the CC, the then president of the Seimas Viktoras Pranckietis – former CC Chancellor Ingrid Danėlienė, and the acting president of the Supreme Court S. Rudėnaitė – a judge of this court A. Norkūnas.

Giedrė Lastauskienė, Algis Norkūnas, Ingrida Danėlienė

Giedrė Lastauskienė, Algis Norkūnas, Ingrida Danėlienė

However, at the end of April, the Seimas who voted for these candidacies rejected them all..

G.Nausėda and S.Rudėnaitė, acting as President of the Supreme Administrative Court, propose the same candidacies to CC – G.Lastauskienė and A.Norkūnas.

Seimas President V.Čmilytė-Nielsen introduces A.Kabišaitis, Director of the Legal Department of the Parliamentary Chancellery.

Last year, after the candidates nominated for the CC were not approved, V. Pranckietis also promised to nominate him.

The presentation of candidates to the judges of the CC in the Seimas was foreseen in the agenda of the plenary sessions on Tuesday, but was finally suppressed and postponed indefinitely..

Due to the epidemiological situation, Parliament wanted to end the “live” sessions this week and vote only remotely. Which would mean that he could not secretly vote the candidacies for the judges of the CC.

However, after the opposition collected signatures, the issue of the candidacies of the judges of the CC was included in the agenda of the Plenary of the Seimas this Thursday.

Changes in a third

The CC consists of nine judges appointed for nine years and for one term only.

The judges are appointed by the Seimas from among the candidates proposed by the president, the president of Parliament and the president of the Supreme Court.

The president of the CC is appointed from among the judges of this court by the Seimas on the proposal of the president.

Andrius Vaitkevičius / 15min photo / Constitutional Court

Andrius Vaitkevičius / 15min photo / Constitutional Court

The CC is renewed every three years for a third.

Citizens of the Republic of Lithuania with an impeccable reputation, having a higher legal education and at least 10 years of legal or scientific pedagogical work experience in the specialty of a lawyer may be appointed as court judges.



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