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This type of appeal before the European Court of Human Rights was accepted for the first time in the history of Lithuanian courts, the SACL reported on Thursday.
The SACL asks to clarify whether Lithuania does not violate the European Convention for the Protection of Human Rights and Fundamental Freedoms by prohibiting by law the participation of a person expelled by political trial in the elections to the Seimas, as well as the criteria to evaluate whether this prohibition is provided.
The panel of judges affirms that the interpretation of the convention may provide more legal certainty to the situation of Ms Venckienė.
The pending administrative case is suspended pending the advisory opinion of the European Court of Human Rights.
The Strasbourg court ruled in the Rolandas Paksas case in 2011 that the ban on a person removed from office by impeachment for life is disproportionate.
In 2014, the Seimas revoked the mandate of N. Venckienė, representative of the Road of Courage. The Constitutional Court held that N. Venckien<2FEMININE> had broken her oath and had seriously violated the Constitution by not attending parliamentary sessions for more than half a year.
The Constitutional Court has clarified that a person expelled through impeachment cannot hold a position that requires a constitutional oath. According to the court, this provision can only be modified by amending the Constitution.
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