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In the opinion of Professor Lauras Bielinis from the Vytautas Magnus University (VMU), in the coming days we will see debates on the introduction of a state of emergency in the Seimas.
“I think there are enough politicians in the Seimas who are thinking about it and there may be a discussion. I think that in the next few days we will see solutions also in the Seimas. It will be difficult to say what the result will be, but it is likely that if the mortality statistics and morbidity only worsen, the Seimas will likely be inclined to introduce a state of emergency.
There are likely to be some politicians in the Seimas who are not inclined to impose stricter conditions, because they are more liberal in their views of the situation and somewhat relaxed. In my head, there are also politicians who look very strictly and see the deterioration of the situation with great responsibility, who tend to introduce those conditions very quickly, “says L. Bielinis to the news portal tv3.lt.
Mažvydas Jastramskis, associate professor and political scientist at Vilnius University, Institute of International Relations and Political Science (VU TSPMI), took a similar position. He believes that as the number of coronaviruses increases, the Seimas may consider introducing a state of emergency.
“I think that if those numbers remain as they are today, the Seimas might consider introducing a state of emergency. Of course, this cannot be a unilateral decision by the Seimas alone, and it must be coordinated with the president one way or another. This situation requires a coordinated position from all authorities ”, he points out.
The political scientist recalled the words of the specialists in constitutional law, Professor Vytautas Sinkevičius stressed that the state of emergency is established when the seriousness of society and the constitutional order are threatened: “Is this a threat to the seriousness of society? and the constitutional order? That is hard to say. Maybe it’s a matter of political interpretation. “
If the emergency decision was taken into account, 3 hours would be enough for the adoption
The Law on the State of Emergency of the Republic of Lithuania establishes that the decision to establish a state of emergency in the whole territory of the state or a part of it will be taken by the Seimas if the state threatens the constitutional order or the seriousness of the society.
In urgent cases between sessions of the Seimas, the President has the right to make such a decision, calling an extraordinary session of the Seimas to discuss this issue. The Seimas approves or revokes the president’s decision.
According to the news portal tv3.lt, member of the Seimas, lawyer, member of the Law and Order Committee of the Seimas Agnė Širinskienė, the resolution on the state of emergency in the Seimas is approved by a simple majority of the number of members of the Seimas present in the session. He does not rule out that if such a resolution is discussed in the Seimas, the votes may be sufficient and it may be adopted.
“The resolution will be adopted by a majority of the votes cast in the House. In principle, this in the 5-member room of the Seimas would be enough to make a resolution. There are also other norms that severely limit the discussion. Historically they have arisen because apparently the Fathers of the constitution and legislators realized that it would be a difficult state for the state to declare a state of emergency.
That decision is made with special urgency, which means it is made very quickly. Basically 3 hours is enough to do this. On the other hand, there are no interruptions in the consideration of that decision, no offers are registered. Everything is done in such a way that in case of riots or some kind of coup, the State can react very quickly and operatively. When in this case we have a situation in which there are no riots or coups, it is that speed, in my opinion, it would also react against democracy, ”says A. Širinskienė.
The Law on the state of emergency of the Republic of Lithuania establishes that the Seimas, by approving the decision of the president to establish a state of emergency, may modify its provisions by reducing or increasing: 1) the territory into which the state of emergency is introduced emergency; 2) the duration of the emergency; 3) It established restrictions on constitutional rights and freedoms and the scope of emergency measures that can be applied.
After the introduction of the curfew, it is forbidden to be in public places without special permission and identity documents in the territory where a state of emergency has been declared.
The vice president of the Seimas supports the introduction of the curfew: there would also be consensus in the Seimas
Andrius Mazuronis, vice president of the Seimas, which belongs to the Labor Party, says on tv3.lt that it is necessary to take stricter measures in Lithuania to control the situation. He claims that he supports the introduction of a curfew and that he would bless such a decision at the Seimas. The curfew can be introduced after a state of emergency has been declared. It can be published by the Seimas
“The celebrations are approaching and one or the other of the measures should definitely be taken, be it the introduction of a state of emergency or further tightening and restrictions. I would be in favor of stricter restrictions, whether they come with an emergency or that they can come without an emergency, this is a matter of lawyers.
But if we say that from 8 pm at night until 8 pm in the morning no one can leave the house unnecessarily, it would certainly not be worse. I would definitely support curfew. I am prepared to bear myself, but I believe that others would be prepared to take on this burden, both psychologically and in terms of freedoms, but only to keep people healthy so they don’t die.
Let’s take a look at what happens in hospitals and resuscitation rooms. The situation is very complex and tough measures are needed to get back into the management phase.
People need to be told more strictly what is possible and what is not. But not to restrict freedom, but to take care of the health of those around us. Responsibility and understanding of what a serious situation is – really lacking today ”, says the vice president of Seimas.
A. Mazuronis does not rule out that if the resolution of the state of emergency appears in the Seimas, the majority of the parliamentarians would support it.
“Everyone sees what happens, everyone is a responsible person. We all receive letters in our mailboxes from doctors, health centers urging people to pay attention to an extremely difficult and critical situation that only evolves in the direction of deterioration.
Institutions are already overcrowded and doctors are already choosing whether to treat covidinius patients, or to treat cardiovascular or cancer patients. In the 21st century, in the EU, these options are really difficult to imagine and should not be considered, but today we find ourselves in a reality. For this reason, the State must take measures that may be difficult for some people to understand, but they are necessary ”, emphasizes A. Mazuronis.
Skvernelis: “It would be illogical to enter a state of emergency made by Latvia or anything else”
According to the former prime minister and current member of the Seimas Saulius Skvernelis, it is not necessary to introduce a state of emergency in Lithuania, as restrictions can be adopted in accordance with other laws.
Simply introducing a state of emergency, be it Latvia or whatever, would be completely illogical and stupid. I do not see any constitutional basis for the introduction of a state of emergency in Lithuania. The law provides the constitutional basis so that when the respective threats arise, so far, such threats are not really visible to establish such a legal regime.
All other legal regimes can be adopted in accordance with the Law of the Republic of Lithuania on the prevention and control of communicable diseases of the people of the Republic of Lithuania, ”says S. Skvernelis.
According to him, if the resolution of the state of emergency were to appear in the Seimas, not only the reasons but also the constitutional grounds should be indicated.
“No resolution of the Seimas can contradict the Constitution. That would be the question: do these constitutional foundations exist? The second are the reasons, perhaps those objectives can be achieved not through the establishment of a state of emergency, but in accordance with the Law of Prevention and Control of Communicable Diseases, ”says the former prime minister.
Širinskienė: “There are currently no grounds for declaring a state of emergency”
According to A. Širinskienė, there are currently no grounds for declaring a state of emergency.
“Each state must declare its own state of emergency. Perhaps there are other conditions in Latvia. According to what the experts in Constitutional Law have said, as Professor Vytautas Sinkevičius has said, as it is in the Constitution of the Republic of Lithuania, currently not there is reason to post.
Under our legislation, a state of emergency can arise in two cases in which there is a threat to the constitutional order, that is, when someone attacks the independence and democracy of the state, they try to strike a coup.
Another condition is when there are public disturbances. {…} Society is calm and there are no riots, no mass demonstrations are organized, ”says A. Širinskienė.
According to the Seimas member, the curfew will not save the crowd and other stricter measures must be taken. One of the measures is to close the places where people gather.
The Seimas member pointed out that after declaring a state of emergency in Lithuania, citizen complaints may arise in the courts, as well as in the Human Rights Court.
It would be a serious blow to the economy, but more importantly, profits or human lives?
Political scientist L. Bielinis stated that the consequences of the introduction of a state of emergency for Lithuania would certainly be.
“Many activities can be quite difficult, if they are not stopped. Perhaps the operation of companies will slow down. In economic terms, that would be a big blow.
But we have to weigh what is more important: lose some gains or lose vitality in the state by losing people and getting sick for months or even half a year, ”says L. Bielinis.
Šimonytė: if the mobility of the population does not decrease, it will be proposed to enter a curfew
We remind you that two weeks ago, Prime Minister Ingrida Šimonytė warned that if the mobility of the population does not continue to decline, she will propose to introduce a curfew.
“If such restrictions are needed, which are essentially restrictions on curfew, that is, what applies in many European countries anyway, probably in almost all European countries there are restrictions on just leaving home, then the Seimas I should already ask you to set those restrictions. ” I. Šimonytė told reporters at the Seimas at the time.
The curfew can be introduced after a state of emergency has been declared. It can be announced by the Seimas: “It is said that if we do not agree and do not agree and do not follow the rules in understanding how serious the situation is, it will simply require certain coercive measures and greater powers of supervision, enforcement agencies of the law to supervise it. “
He said the need for such measures would become clear “in the next few days” when the latest data on population mobility becomes available: “We will evaluate more recent data on mobility and if we see that mobility has not decreased enough, we will probably have to consider measures that could and those measures would already be the prerogatives of the Seimas ”.
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