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In the absence of a new judge within the time allowed, it is proposed that the outgoing judge remain in office for a maximum of three months until a new judge is appointed and sworn in.
Stasys Tumėnas, a member of the Lithuanian Green and Peasant Union faction in the Seimas, registered these amendments to the Constitutional Court Law.
According to him, the new legal regulations will close the gap in legal regulation, guarantee compliance with the constitutional principles of the rule of law and responsible management, ensure the independence of the Constitutional Court and the judges, and efficient, consistent and stable work. of the Constitutional Court.
“The maximum period of three months proposed in the draft would allow qualified and timely legal procedures for the appointment of judges of the Constitutional Court, would create the appropriate conditions for the Public Order Committee of the Seimas to consider and present to the Seimas an opinion on the candidacies of judges of the Constitutional Court; The members of the Seimas could exercise in a timely manner the right of a member of the Seimas to vote for the candidates for judges of the Constitutional Court in accordance with the voting procedure provided in the Statute of the Seimas ”, says S. Tumėnas.
“The problem of the non-appointment of the President of the Constitutional Court would presuppose, among other things, that the Constitution and the Constitutional Court Law may be violated. Until the Seimas appoints a new judge of the Constitutional Court to replace a judge who has finished a term, as well as the acting President of the Constitutional Court, the President of the Republic of Lithuania may not appoint a President of the Constitutional Court. (Appointed only after appointing all the judges of the Constitutional Court) Obligation provided for in the Constitution. (…) The law establishes an indefinite continuous period, giving the Seimas the right to postpone the appointment of a new judge (s). Of course, the members of the Seimas have the right to disagree with the nominations of judges of the Constitutional Court, but this last right directly correlates with the constitutional duties of a member of the Seimas: “The Constitution obliges a member of the Seimas to follow the Constitution, the interests of the State, conscience and not be restricted by any mandate ”, – it is stated in the explanatory note of the document.
Currently, the Constitution and the Constitutional Court Law do not establish a specific period within which the Seimas should be obliged to appoint Constitutional Court judges based on the nominations of Constitutional Court judges presented by state officials. The Law of the Constitutional Court does not provide a specific term that regulates the mandate of a judge of the Constitutional Court who has finished his mandate, since the law, as indicated in the explanatory note, establishes a summary and continuous wording of the term: “[…] His mandate will remain in office until a new Judge is appointed and sworn in. ‘
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