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According to the Constitutional Court, both the part of the presidential decree in which the dismissal of S. Rudėnaitė was granted before her new appointment and the resolution of the Seimas that dismissed her from the position of president of the LAT division contradict the Constitution and the Law of Courts.
CC President Dainius Žalimas stressed that in this case the removal of the president of the LAT Division was only possible after his appointment to a new position.
According to him, the presidential decree, which proposed taking two related decisions in a single decision, removing a judge from an existing position and appointing him to a new one, created preconditions for the Seimas to adopt a decision contrary to the Law of Courts. This allowed the parliamentarians to remove S. Rudėnaitė from the position of president of the Civil Cases Division of the SCL, but not to appoint its president of this court.
The CC also noted that the Council of Judges, considering President Gitanas Nausėda’s request to advise on the removal of S. Rudėnaitė from the presidents and the appointment as director of the SCL, could not approve the removal without being convinced that it had already been appointed to a new position.
On Wednesday, the Constitutional Court ruled that S. Rudėnaitė had been removed from the position of president of the LAT division without the grounds provided for in the Law on Courts.
According to him, before firing S. Rudėnaitė, the Seimas had to ensure that she was appointed to a new post.
The CC recalled that after recognizing that the Seimas resolution is in conflict with the Constitution, it no longer applies.
“Sigita Rudėnaitė, judge of the SCL, has held the position of the Civil Cases Division since the official announcement of this ruling by the Constitutional Court,” announced Dainius Žalimas, president of the CC.
The removal of S. Rudėnaitė from the post of President of the Civil Cases Division of the SCL was requested by the dismissed Seimas, a group of members of the Seimas and the Vilnius Regional Court.
A group of members of the Seimas and the Vilnius Regional Court asked the CC whether the parliament had violated the Constitution by secret ballot by removing S. Rudėnaitė from the post of head of the department, but not appointing him president of the SCL. After all, the main law of the land states that the judges of the Supreme Court, including the president, are appointed and removed by the Seimas on the proposal of the president, with the approval of the Council of Judges.
According to them, when presenting the candidacy of S. Rudėnaitė, the President expressed his desire to be appointed President of the SCL and only for that reason had to be removed from the position of head of department. In the opinion of the group of members of the Seimas, by adopting a decision different from that proposed by the President and approved by the Council of Judges, Parliament did not comply with the requirements of the Constitution and the Law of Courts.
According to the Law of Courts, the removal of the president of the SCL division is necessary, for example: ends the mandate, resigns voluntarily, cannot work due to his health, demotes the judge, commits a crime or is transferred to another position with your consent.
At that time, in Seimas’ appeal to the CC, he was asked to answer whether President Gitanas Nausėda had not made a mistake in presenting both the appointment and the dismissal of S. Rudėnaitė in a single decree. According to parliament, a judge should be removed from office only after appointment.
S. Rudėnaitė was removed from office as President of the SCL Civil Cases Division on April 21. President G. Nausėda proposed to the Seimas to remove her from the position of president of the Civil Cases Division of the SCL and appoint her president of this court.
The announcement of the results of the secret ballot showed that the first proposal was approved by the parliamentarians and rejected by the second.
After this decision, S. Rudėnaitė, who was temporarily in charge of the Supreme Court, became an ordinary judge of the SCL.
He applied to the Vilnius Regional Court for illegal dismissal. At the end of June, she complied with S. Rudėnaitė’s request for provisional measures and returned her to the position of President of the Civil Cases Division of the SCL.
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