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In his opinion, the head of the country and the advisers of his legal group violated both the law and the principles established in the Constitution by doing so.
At the time, President G. Nausėda repeated to reporters on Monday that E. Misiūnas, who ran for the Seimas last year with a list of “peasants,” was unreasonably seeking to return to the post of judge immediately.
Last week, almost two months after the first appeal, E. Misiūnas received a negative written response from the Presidency.
“I have received a letter from the Presidency informing that the president has such a right and has exercised that right, without commenting in principle on the oral reasons, that is, political cooling is needed anyway,” E. Misiūnas told BNS.
This response from the Presidency, of which the SNB keeps a copy, affirms that decisions on the appeal to the Judicial Council and the appointment of a judge are taken by the President, but that “he can, but he is not obliged to do so” to reappoint a former judge. “
According to the Presidency, the head of state, when appointing judges, assesses all significant circumstances and is guided by the public interest.
“In response to your letter, we want to inform you that the decree of the President of the Republic on the requested issue has not been adopted,” says the letter from the Office of the Presidency.
In response to the SNB in late January, the Presidency stated that “people who have interrupted the career of a judge as a result of their political participation or their appointment to political office and seek to reinstate them have lost their political position” not complying with the principles of political neutrality and motivation.
E. Misiūnas ran for the Seimas last fall on the “peasant” list.
According to the former member of the Government, G. Nausėda, by making a decision on his appointment, he could and should have benefited from the assistance of the Judicial Selection Commission, and by failing to do so, he violated the procedure for selecting judges.
According to him, both G. Nausėda and the head of the President’s Legal Group, Jūratė Šovienė, could not claim that he, as a judge, could not perform his duties in an impartial and responsible manner and due to the fact that the institute for dismissal and removal of doubts from a judge.
E. Misiūnas also emphasized that by making the decision not to renew the status of judge, the president “could not get anything new”: the political cooling.
“The Law of Courts establishes a special rule according to which a judge can return to his previous position within a period of two years and give a fictitious reason without being bound by any argument or without following any rule of law, the only right he has The President has the right not to appoint, I would say wrong, wrong from the point of view of the fifth article of the Constitution that public authorities serve the people ”, the former judge told BNS.
He assured that he would see no problem if Nausėda wanted to introduce a new standard of political neutrality in the public administration or initiate amendments to the laws that would ensure that politically committed people do not hold important positions. However, this rule should apply to all newly appointed officials.
According to him, the president is currently applying the cooling-off period individually: former attorney general Evaldas Pašilis, former deputy foreign minister Darius Skusevičius, who has returned to the judges in Canada, is not necessary, nor is G. Naus deda’s adviser Simon Krėpšta considering his possible candidacy duties.
He said he believed he had sufficient legal grounds for the Vilnius Regional Court to accept his appeal and, later, a decision in his favor. However, if this cannot be achieved, he did not rule out the possibility of filing an individual complaint also with the Constitutional Court.
Speaking to journalists in Kaunas on Monday, the president declared that he would not appoint E. Misiūnas as a judge because he participated in the elections as the candidate of the Lithuanian peasants and the Greens.
“It seems to me that it is already quite obvious in this place that Mr. Eimutis Misiūnas participated in the elections not as an independent candidate, but rather expressed himself very clearly as a candidate for a political party. And it seems to me that it is not entirely justified to claim the post of judge immediately, at least it seems to us, ”said G. Nausėda.
He said he could not “directly answer the question” of whether the Presidency had already responded to the former vice minister’s request.
Of course, you have the right to defend your position, to defend your interests in court and if you consider it appropriate, you will do so. We did what we had to do, “he said.
E. Misiūnas headed the Ministry of the Interior in the government of Prime Minister Saulius Skvernelis from December 2016 to the summer of 2019, but after the renewal of the ruling coalition, Rita Tamašunienė, representative of the Polish Lithuanian Election Campaign – Christian Union Families, they took over.
In October 2019, E. Misiūnas became Deputy Minister of National Defense, before that month he worked as an advisor to Minister Raimundas Karoblis.
Before becoming a minister, E. Misiūnas worked as a judge at the Vilnius District Court for a year.
Before becoming a judge, E. Misiūnas worked in the Special Investigation Service and taught at the then Police Academy.
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