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For his part, Žygimantas Pavilionis, member of the Union of the Homeland-Lithuanian Christian Democrats (TS-LKD) and president of the Seimas Foreign Affairs Commission (URK), affirms that the president’s response will not close the issue. Then, according to him, it will be necessary to take a legal path, and perhaps even go to the Constitutional Court (CC).
Replied to the letter
The news portal was the first to report on G.Nausėda’s response to I.Šimonyte based on information from sources. 15min.lt. According to the portal, the president, who wrote to the prime minister, indicated that he was obliged to represent Lithuania by the Constitution, and according to constitutional doctrine, “one state authority cannot assume such powers from another, transfer or renounce them ”.
“By implementing the powers of the President provided for in the Constitution, I will continue to perform my constitutional duties responsibly and to the best of my ability, including my long-term practice of representing Lithuania’s interests in the European Council,” wrote G. Nausėda. in a letter.
At the same time, the president asked the prime minister “to continue cooperating in the preparation and coordination of the positions of the Lithuanian representation in the European Council.
Ž.Pavilionis: tradition broke
President of the Seimas URK, conservator Ž.Pavilionis for the portal lrytas.lt He said the position stated in G. Nausėda’s letter surprised him, as conservatives still expected the president to uphold the traditions of joint operation of the institutions, rather than break them.
However, we hoped that the traditions that the president himself writes about in his letter would continue. And the tradition is to reach an agreement on joint action, both by the President, the Government and the Seimas, both in foreign and European affairs, which would better represent us in Brussels in terms of competition. But the tradition was broken, “he said.
According to the conservative, the head of state also ignored the article of the Constitution, which he himself often cites.
“In my opinion, (it was broken – aut. not only tradition, but also legislation, because according to Article 84 of the Constitution, which the President mentions, it is clearly stated: even in foreign affairs, the President pursues foreign policy together with the Government. Meanwhile, the EU is not just a foreign policy or just a union of nations, as the president says.
Foreign policy is only the fourth in a row, the so-called special powers, which are in fact exercised by more Member States, but there are exclusive powers that only the EU exercises. Like, for example, energy, transport, there are complementary skills, tourism and everything else. Those areas are governments.
Even the Constitutional Law of July 13, 2004 clearly states that it is the Government and the Seimas, even without mentioning the President, who shape EU policy and consequently shape the nation’s mandates to our representatives in Brussels. lrytas.lt Ž.Pavilionis explained.
The Seimas URK spokesperson also recalled that the Lisbon Treaty establishes that the EVS is a meeting of representatives of states or governments. What exactly should happen at the European summits will be decided according to the competences and topics to be discussed at the specific EVS meetings.
“It just came to our knowledge then. Neither our legal framework nor the EU legal framework. Not to mention the traditions that have developed in Lithuania, or even the political attitudes, which, in my opinion, more and more often they do not correspond to the attitudes of our coalition. And yet, we were also bringing nations together and we have the right to express our position through mandates, “he said.
Search for answers by legal means
When asked if the Conservatives, who had received a response from the president, would close the matter or find new ways to send Prime Minister I. Šimonytė to some EVS meetings, Ž.Pavilionis said there were no plans to sideline the hands. The problem will be resolved both in the Seimas committees and in consultation with the lawyers.
“We will speak in all committees. A new European summit is coming up, which we will discuss on June 23. Basically, there are three issues: the first is the management of the pandemic, the second is economic recovery and the third is Turkey. our nation and ourselves, what is most important to us right now?
Are Turkey’s problems relatively difficult to solve or the management of the pandemic and economic recovery also in Lithuania? The first two issues are the responsibility of the Prime Minister, the Government.
We will continue those questions in the committees and we will also seek answers in a legal way, if the political culture that has developed in Lithuania for three decades, consultation and joint action on foreign and European affairs is unacceptable for the President, ”stated the Conservative.
Is it also intended to apply to the Constitutional Court? “For now, all possibilities should be explored, we will consult with lawyers,” added Ž.Pavilionis.
Wrote a letter
A few weeks ago, Prime Minister I. Šimonytė claimed to have written a letter to President G. Nausėda about the representation of Lithuania in the EVS, inviting to agree that the head of state or the prime minister will attend the EU summits, according to the topics to be discussed.
“I hear those arguments that the president is said to represent the state, but in the same way the prime minister represents the government under the Constitution. And that formation is called the Council of Heads of State and Government. That must not be forgotten, “said the Prime Minister.
It is true that on May 20, a few days after the letter was sent, she said that she had not received it yet, adding that no response would be an answer for her as well.
Conservatives began to raise the question of who should represent Lithuania in the EVS after winning the Seimas elections. They mentioned the possibility of adopting a special law that provides for Lithuania to be represented in the EVS not only by the president but also by the prime minister.
The initiators argue that the issues discussed at the summits are largely a matter for the government. There is also no possibility of ensuring that the president of the EVS complies with the mandate approved by the Seimas and the Government, in addition, the president does not participate in the activities of the European parties.
Critics of the initiative say that conservatives are applying double standards because they have given their place to the EVS to President Dalia Grybauskaitė, whom they support, and have never raised the issue before.
