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Matas Maldeikis, a member of the National-Lithuanian Union Christian Democratic faction, raised the issue of Lithuanian representation during a press conference at the Seimas on Tuesday.
“As we know, one of the most urgent problems in the European Union today is the supply of vaccines to member states. And in our country, this issue has once again brought to light the problem of representation in the European Council. he referred to the problem of the division of powers in the country, ”he said.
Photo by Luke April / 15 minutes / Matas Maldeikis
According to M. Maldeikis, we should accept the issues discussed at EU level not as part of foreign policy, but as part of domestic policy.
“The affairs of the European Union are domestic affairs, because we accept the European Union not as a foreign policy, but as a continuation of our domestic policy,” he said.
Ask for an agreement, not a change in legislation
Speaking about vaccination against COVID-19, the Seimas member pointed out that the Prime Minister and the Minister of Health of Lithuania are responsible for this, and EVS is said to be raised and decided by the President.
“The principle of separation of powers is strange, when one branch of the government makes a decision and the other has the responsibility,” M. Maldeikis was surprised.
He also criticized the way, the established tradition, when EVS Lithuania is usually represented by the president.
“It is not so much a question of law, but of a more established level of nobility, when one authority transfers its powers to another simply by sitting at a table and agreeing. This is not the best example of how we should manage the state ”, commented the Conservative.
When asked if the issue of representation in the EVS still needs to be regulated in legal acts, M. Maldeikis did not agree with that.
“It just came to our attention then. <...> I wanted to raise the issue so that we could see that there was an issue that we should address, ”he said.
I believe in your agreement at this stage.
“I believe in the goodwill of both the president and the prime minister to participate in solving these problems. I believe in their agreement at this stage,” added M. Maldeikis.
It is true that he also considered that in the future this issue could be resolved in the Constitutional Court.
Auštrevičius suggested that the government strengthen its powers
Petras Auštrevičius, member of the Liberal Movement, MEP, recalled M. Maldeikis, stating that issues addressed at the EU level are an integral part of the country’s internal politics.
Photo by Lukas Balandi / 15min / Peter Auštrevičius
“We can ask to which authority in Lithuania, I mean the executive branch, assign the coordination of European policy. Either the Ministry of Foreign Affairs or the Prime Minister’s Office.
In some countries, we see the institution of a deputy prime minister who oversees European politics, thus integrating domestic interests with the interests of the European Union, ”he said.
According to the MEP, the president faces challenges when he attends EU summits when economic or other issues are addressed, and then fails to report to the Seimas.
“My proposal to the government to strengthen its powers in this area, and it would be logical to have a deputy prime minister or an independent senior official in the prime minister’s office, who is responsible for coordinating these issues,” P. Auštrevičius suggested.
It would make sense to have a deputy prime minister or a senior independent official in the prime minister’s office.
The special envoy of the World Health Organization for the European Region, the former European Commissioner, Social Democrat Vytenis Andriukaitis, explained that the Constitution has been violated since only the president was delegated to the EVS.
“It is quite clear to me that when there are domestic policy issues arising from the Constitution of Lithuania and the Lisbon Treaty of the European Union, the main competence is the Prime Minister and he can use the Minister.
And where, according to the Constitution, the President decides on foreign policy issues and implements it together with the Government, the President of the Republic could also participate in foreign policy, security and defense aspects ”, he suggested.
Photo by Lukas Balandus / 15min / Vytenis Andriukaitis
V. Sinkevičius: only the president can go to EVS
V. Sinkevičius, a professor at Mykolas Romeris University and former Constitutional Court judge, opposed V. Andriukaitis.
He said that EU law did not regulate who should represent a country at EU summits and that it was up to the states.
And, according to the lawyer, foreign policy can be understood in a broad sense, which is at least somewhat related to other countries, Lithuania’s membership in the EU and the decisions made in its institutions.
The president has the right to attend all EVS meetings, regardless of the issues at stake.
“It follows from the Constitution that the president has the right to participate in all meetings of the EVS, regardless of the issues considered, and such right cannot be restricted or restricted by laws or other legal acts. This is in line with the purpose of the EVS and its functions ”, said V. Sinkevičius, noting that the EVS does not adopt legal acts, but rather forms a common EU agenda in all policy areas.
According to V. Sinkevičius, only the president can go to the EU summits. And the prime minister is said to happen when the president refuses to do so.
According to V. Sinkevičius, it would be very difficult to regulate when EVS Lithuania should be represented by the Prime Minister and when by the President, and this would hardly be in line with the Constitution.
Photo by Vidmantas Balkūnas / 15min / Vytautas Sinkevičius
It is true, he emphasized that this is not only a question of law, but also a question of political agreement, the division of influence between governments.
Albinas Januška, a signatory to the Lithuanian Independence Act, stated that he hoped that the President himself would offer Prime Minister Ingrida Šimonyte to participate in the EVS when issues related to the executive branch were addressed here.
“I think it is up to the president to solve this problem. If it is not solved, apparently the Seimas will have to take the initiative,” said A. Januška.
Asta Skaisgirytė, foreign policy advisor to President Gitanas Nausėda, previously stated that the current procedure for joining the EVS “works well and could continue to work.”
According to her, the proposal to delegate to the EU summits not the president but the prime minister is neither constitutionally justified nor in view of established practice, which was artificially induced to achieve internal policy objectives.
In an interview in December, BNS Prime Minister I. Šimonytė said that “in the near future he sees no reason” to change Lithuania’s representation in the EU.
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