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A few days ago, after the political party Dr ksos kelias presented the list of candidates for the Seimas to the Central Electoral Commission, in which Neringa Venckienė appeared as the first number, the president of the CEC, Laura Matjošaitytė, publicly declared that the Electoral Commission Central should not register that candidate.
“Persons expelled from the Seimas of the Republic of Lithuania through an impeachment process could not become members of the Seimas according to the current regulations and the latest ruling of the Constitutional Court in the case of President Rolandas Paksas. And although the decision of the European Court of Human Rights has been adopted, the legal regulation has not changed ”, N. Venckienė quotes the words of L. Matjošaitytė in his report.
N. Venckienė herself explains that the Central Election Commission should register her as a candidate, because the Constitution does not literally say that a person expelled from parliament for impeachment loses the right to be elected.
The former judge explains that the CEC should not observe the rulings of the Constitutional Court. It also states that the European Court of Human Rights January 6 decision in the case Coarse priin Lithuania, in which it was argued that the legal regulation that prohibits Rolandas Paksas from being elected to the Seimas, 1 is disproportionate to article 3 and also applies to him.
“No one has the right to punish me a second time and not allow me to vote. Prohibiting participation in elections, not registering as a candidate for elections, is a criminal offense: abuse of office, for which criminal responsibility is established.
The refusal of the CEC to register as a candidate in the elections will affect not only the Lithuanian courts, but also the European Court of Human Rights and other international organizations. It is not the constitutional spirit spread by E. Kūris and other similar actors, but the observance of the Constitution, the Seimas Elections Law and the execution of the ECHR decision that should be the basis for the Central Electoral Commission to register a candidate, ”N. Venckienė notes in the report. will participate in the elections.
The party “The Way of Courage” was formed in 2012. Then, the party led by N. Venckienė won 7 seats in the Seimas elections. However, just in the middle of his term, N.Venckienė left Lithuania. the politician lost the mandate of a member of the Seimas by impeachment.
The Constitutional Court has clarified that a person who has lost his position by impeachment cannot, for life, hold a position that requires a constitutional oath. According to the Court, to modify this provision it is necessary to modify the Constitution.
Although the Strasbourg court ruled in 2011 that the current ban on life participation in the Seimas elections of resigned President Rolandas Paksas is disproportionate, the Constitution has yet to be amended.
Currently, N. Venckienė is charged with four crimes, three of which are misdemeanors and one of which is a criminal offense. Before his arrest, he lived in the United States for six years, from where he came out knowing about the criminal proceedings against him. With such actions, the court is convinced that it avoided this criminal process.
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