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“We can confirm that on Tuesday 22 September, the president of the Seimas will present the candidacy of Andrius Kabišaitis, currently Head of the Legal Department of the Seimas Chancellery, to become a judge of the Constitutional Court. In this way, the President of the Seimas continues with the procedure for appointing a judge of the Constitutional Court that began in June, which is established in the Statute of the Seimas. The resolution to nominate A. Kabišaitis was proposed by the president of the Seimas Viktoras Pranckietis on June 4 ”, confirmed Eltai Paulius Žeimys, spokesperson for V. Pranckietis.
At that time, the opinion of G. Nausėda did not change and he will present to the Seimas the candidacy of Giedrė Lastauskienė, which has already been rejected by the parliamentarians. It is not yet clear when the president will present her candidacy to the Seimas for consideration.
“The opinion of the president of Giedrė Lastauskienė about the candidate for the CC judges does not change, she is the most suitable candidate for this position.
The candidate was introduced to all the Seimas factions who expressed their desire to meet, and we did not hear any criticism about the nomination presented to the Seimas. The decision on the exact moment of presentation has not yet been made, “his spokesman Antanas Bubnelis told Eltai.
The president of the SCL Eltai said that the candidacy of judge for the CC is still being sought.
“The candidate is currently being sought and will be announced as soon as he is found. He has not yet been found and we cannot say a specific date,” said Olga Kungienė, a court spokeswoman, gave S. Rudėnaitė’s reply to Eltai.
April 21 El Seimas has not appointed three new judges to the Constitutional Court, ELTA recalls.
The president of the Seimas proposed the candidacy of Ingrida Danėlienė for the position of judge of the CC. President Gitanas Nausėda appointed Algis Norkūnas and Giedrė Lastauskienė.
V. Sinkevičius on V. Pranckietis’s decision: there are reasons to believe that the Constitution may be violated
One of the founders of the Constitution, Professor Vytautas Sinkevičius from Mykolas Romeris University (MRU), affirms that in the entire history of the independent Seimas there has been no case that the three candidacies for the CC are not presented to the Seimas to time, but only once. V. Sinkevičius does not hide that although the CC has not clarified this provision, in his opinion, such a measure by V. Pranckietis may violate the Constitution.
“Although the CC has not yet interpreted this provision, there are reasons to believe that the Constitution may be violated. If only a judge were appointed now and another judge were appointed after six months or a year, the constitutional rule that the CC is renewed every three years. Consequently, it is not possible to present candidacies in a way that refutes the norm established in the Constitution itself that the composition of judges must be renewed by one third every three years. Not one person, not two, but a third. Therefore, all three must come at the same time. However, I think the Speaker of the Seimas is in a hurry now, “V. Sinkevičius told Eltai.
On the other hand, V. Sinkevičius admits that the CC has not clarified the provision of whether only one candidacy for the CC can be submitted.
“It is difficult to say what the CC’s attitude would be if it explained this situation. Subjects: Spokesperson for the Seimas, President, Spokesperson for the SCL have the right to nominate. Whether they have this right or not may be restricted if another entity does not provide it. They want to give, and someone stubbornly and does not give. On the other hand, the principle of responsible management enshrined in the Constitution means that all entities that have the authority to present candidacies must act responsibly. If it is foreseen that the CC must be renewed every 3 years, act in such a way that the applications are presented and the court is renewed on time. So what value will we prioritize? In this case, I would give priority to the value of which, however, the rule that it is renewed by one third every 3 years must be guaranteed. There should be a normal rotation. That was the idea of the framers of the Constitution, ”he said.
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