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“The president can only reject a nomination if those nominations are manifestly inappropriate. There must be constitutionally substantiated arguments on the basis of which the president can propose other nominations to the prime minister. What are those constitutionally sound arguments? For example, the person does not has the required education and the qualifications are very low or the candidate has a bad reputation and investigations have been started against him, etc.
These are arguments that would be constitutionally justified. But to say that the candidacy is inadmissible because the person does not have enough experience or authority in the relevant community, I cannot assume that these are constitutionally sound arguments.
Finally, if we talk about such arguments, then they should apply equally and fairly to all candidates. Suppose what authority Aušrinė Armonaitė has for the business community, because the business community does not know it at all. Simply saying that a candidate does not have sufficient authority or experience and, therefore, there are reasons to reject a candidate is a very dubious argument. The arguments must be clear and understandable, “V. Sinkevičius told Eltai.
The professor points out that the president’s decision to reject candidacies cannot be based on emotion or political influence.
“Both parties, both the prime minister and the president, must act responsibly and make rational decisions. Emotions and the desire to show that I, as President of the Republic, have the power to approve the composition of the Government cannot dictate here That’s why I will reject some candidacies to show that my role is significant. Sure, the role of the president is significant, but not so much in this case. In this case, the last word falls on the majority of the Seimas and the Prime Minister. Clearly, if they nominate incompetent, disreputable candidates, then the role of president will be a filter here. But to reject them, it is necessary to have constitutionally grounded arguments, “said V. Sinkevičius.
“Just to sum it all up in the fact that the candidate does not have enough experience … What is enough experience? This is a broad and subjective concept. If we were to make such a demand for a presidential candidate. So what kind of Did you have any experience? ”Said the MRU professor.
The professor also points out that the president cannot impose his ministerial candidacies on the Seimas.
“We must remember the 1998 ruling of the Constitutional Court (CC) of January, in which the CC clearly declared that the president has little freedom of choice. According to the Constitution, he has the duty to appoint a Prime Minister and ministers who count With the support of the majority of the Seimas, he cannot impose his candidacies on the majority of the Seimas.
The government and the ministers do not execute the presidential program (…) but the programs of the political parties that have won the elections.
Lithuania is not a presidential republic, but a parliamentary republic.
It only has certain characteristics of a presidential republic. Only up to a point.
“The president has the opportunity to ask for a change of ministers, but there must be a clear constitutional basis for that,” said the professor.
According to the MRU professor, the CC has said that the president cannot act without forming a government that has the support of the majority of the Seimas. Therefore, according to him, the president must take into account the candidacies that are acceptable to the majority of the Seimas and the prime minister.
“I want to point out that the full and full government must be approved. A government cannot be approved without several ministers. The entire government in corpore prepares the program and presents it to the Seimas for its consideration. Only in exceptional cases can an incomplete government be approved. For example, on the last day, at the end of the 15-day period, it became clear that one of the candidates had concealed very important circumstances, had been convicted or had citizenship of another state. Can an accident occur and the candidate is Is he involved in an accident and is seriously injured? Only in those cases, when there is no time to find a new candidate, the entire government cannot be approved, “V. Sinkevičius told Eltai.
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