Nekrošius evaluated the contradictory decision of the Seimas: thus the judges of the CC become dependent on the politicians

In a statement, a legal expert wrote that he agrees with Egidijus Šileikis’s assessment that this is a mockery of the Constitution.

“In effect, the CC Law establishes the provision that until new judges are appointed, those judges whose mandate has expired will remain in office. What is the purpose of this standard? In my opinion, the main objectives are two:

A) guarantee the proper functioning of the court in the short term if the Seimas encounters technical or short-term problems that prevent the timely appointment of judges and;

B) prevent the paralysis of the work of the CC by politicians.

It is obvious that none of the aforementioned situations are presently present ”, V. Nekrošius assessed the situation.

He wrote on the social network that the argument that the candidates should coordinate them with the Seimas is not appropriate, because there is no such obligation. And the parliament on Tuesday would have decided only on the presentation. Later, the candidates would appear in the political groups.

“Therefore, all opportunities to get acquainted with the candidates and ask them questions will certainly be assured,” he said.

V. Nekrošius taught in the social network that, in his opinion, the Seimas did not even start the procedure for appointing judges of the CC on Tuesday without any clear grounds, but this has little to do with the essence of the procedure enshrined in the Constitution.

“What are the dangers here apart from the fact that the Seimas has shown that the CC has no respectable basic state law?” He asked rhetorically.

V. Nekrošius also discussed the possible situation: the Seimas still does not appoint new judges, “and those whose mandate has expired (with the Speaker at the helm) become dependent, because they may still want to work.”

So if there is an important question, it is possible to send a message that if the decision is “wrong”, these new judges will be appointed and after two years (not that long) it is possible not to appoint three more judges, then there will be such dependents. six out of nine. Superconstitutional control is approaching, “he ironized.

The VU law professor wrote that this could happen for the simplest reason: there are no “necessary” candidates.

“So what can happen here? It seems to me that everything is very human and very banal: there is no need or need for anything among the proposed candidates. Let’s wait a bit and see the result.
Is it really necessary to mock the Constitution so rudely? ”- wrote V. Nekrošius on Facebook on Tuesday.

Delphi recalls that on Tuesday the candidatures of Giedrė Lastauskienė, Andrius Kabišaitis and Algis Norkūnas were scheduled to be presented to the Seimas for the posts of magistrates of the Constitutional Court. However, the submission of the CC judges was removed from the agenda of the plenary session of the Seimas on Tuesday.

The president of the Seimas Viktorija Čmilytė-Nielsen argued this decision on the protection of the health of parliamentarians. The Seimas will initiate remote sessions starting Thursday, and this procedure requires physical sessions of parliament.