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The Central Electoral Commission (CEC), meeting on Thursday, made the decision not to comply with A. Guoga’s request to revoke his mandate as a member of the Seimas, since the parliamentarian did not physically participate in the session.
However, Mr. Guoga may lose his mandate in two other ways. One of them is accused, the other is the dismissal of a member of the Seimas by a resolution of the Seimas. So far, no member of the Seimas has been eliminated.
Two ways to lose office
Vytautas Sinkevičius, an expert in constitutional law and a professor at Mykolas Romeris University, has no doubt that A. Guoga violated the Constitution by accepting a position in a private company.
“It does not meet the requirements established in the Constitution. Under the Constitution, you must renounce all duties before the oath, terminate all employment relationships you had. Consequently, he cannot hold any position since he was sworn in. Of course, it violates the Constitution, nor do I doubt it, “V. Sinkevičius told tv3.lt.
The teacher mentions two ways in which A. Guoga can leave the Seimas involuntarily. The indictment of a member of the Seimas would apply in case of a serious violation of the Constitution or a breach of the oath, and the initiation of a job incompatible with the activities of a member of the Seimas would be sufficient.
“In this case, if a member of the Seimas continues to work, does not quit his job or starts working, there is a special basis. In this case, the basis of the accusation should not be applied, “said V. Sinkevičius.
At the time, Stasys Šedbaras, a member of the Seimas Ethics and Procedures Commission and a former Constitutional Court judge, said that A. Guoga’s accusation may be of interest to some members of the Seimas, as this would eliminate a political competitor . Forever.
“Now a lot of people talk about impeachment, bearing in mind that after impeachment, if it goes to the end, a former member of Seimas will no longer be able to run in the next Seimas elections. This is probably the case here of the desire to some colleagues to apply such a penalty, “S. Shedbar told tv3.lt.
Choose a simpler path: start an investigation
Both experts of the Constitution agree that it will be easier to remove A. Guoga through a resolution of the Seimas. For this reason, the Ethics and Procedures Commission of the Seimas will raise the topic of an investigation next week on the possible duties of A. Guoga.
“When I saw that information coming in, that there was evidence that Guoga was running the company somewhere, I just asked the commission members and the president to start such an investigation. He said there would be a meeting next week. and that he plans to put the issue on the agenda. <...>
The Ethics and Procedures Commission has no other option, it must initiate an investigation. But in this case, the order of the Seimas is still needed. Having this information, we must ask the Seimas to commission this investigation, ”clarified S. Shedbar.
If the commission succeeds in gathering all the evidence that A. Guoga has indeed received a post incompatible with the activities of a member of the Seimas, the Seimas will vote on the decision to revoke the mandate.
“If it sees that he is occupying other positions, then the commission must prepare a draft resolution of the Seimas and start the usual procedure – presentation, consideration, adoption,” said V. Sinkevičius.
For A. Guoga to lose the mandate of a member of the Seimas, at least half of all the members of the Seimas must vote for him: at least 71 parliamentarians.
If you get paid for the job
It is true that A. Guoga publicly states that he is not paid for his duties in a private company.
“I do not have any active position. I do not receive a salary and I did not receive it from the first to the last day while I was a member of Seimas,” wrote A. Guoga on his Facebook account.
However, V. Sinkevičius stresses that income is not important in this case. The most important thing is if a member of the Seimas is assigned functions that are incompatible with their activities.
“The crucial thing is whether he occupies any position or if he occupies a position. It doesn’t matter if you don’t do them temporarily, it says you’re in detention. If it is established that he is in that position, although he does not receive a salary, it is grounds for expulsion for not having resigned from a job incompatible with the status of member of the Seimas ”. the professor pointed out.
It is also seconded by S. Shedbar. According to the Constitution, the members of the Seimas cannot receive income from anything other than creative activities, but at the same time they cannot have other functions, regardless of whether they receive income from them or not.
“In this case, whether you receive a salary or not, but if you hold an administrative position in a private company or in a bank, then there are grounds for expulsion from the Seimas,” said S. Shedbar.
Stuck in the Seimas until March?
A. Guoga is not currently in Lithuania, he intends to return here on March 9. This may mean that you will retain the duties and salary of a Seimas member for at least another month and a half, as the Seimas will still have to give you the right to submit half of your story about a potential live job.
“I believe that all those accused of something should be guaranteed the right to give explanations, evidence, to challenge the accusations. Of course, they must be given that opportunity, I have no doubt. Without listening to the other party, without receive their explanation, it would probably not be possible to revoke the mandate of a member of the Seimas ”, pointed out V. Sinkevičius.
Here, too, the professor cautions that since the Seimas has yet to remove any MPs in this way, we only see the practice in the impeachment process. And these were several: for example, Neringa Venckienė was accused in absentia without her participation in the Seimas sessions.
“In Venckienė’s case, all messages were sent to her that a meeting would be held on that day, please come and she did not come. The Constitutional Court said then that this impeachment was also possible in absentia.
This is apparently the case here as well. [A. Guoga] he will be informed about the committee meetings, but he will not come without justified reasons, he will elude, will not give his explanation and in the same way, I imagine that the Seimas could adopt a resolution in absentia ”, commented V. Sinkevičius.
S. Šedbaras also sees that possibility, also using the example of N. Venckienė. However, it is difficult for him to say whether A. Guoga will remain a member of the Seimas in the spring, because it depends on how the commission manages to gather evidence.
“It just came to our knowledge then. Will you send us data from somewhere or from a Canadian or American company? That you indicated on your Facebook account that this is one, but will it be enough? After that, such a decision from the Seimas, If Guoga complained, would he keep the criticism in the Constitutional Court? This is already a matter of investigation. Here we have to analyze very seriously, investigate and perhaps the representations will help us in those countries, “said S. Šedbaras.
The Seimas member also believes that the investigation will be hampered by the fact that A. Guoga is not currently in Lithuania, the question of whether he will contact the commission.
The CEC did not agree to the request
On Thursday, a Seimas member was unable to attend the CEC meeting because, according to the Seimas Board, he has been traveling abroad on personal matters since Wednesday. He informed the Commission that he could attend the meeting remotely and, in other cases, attend the meeting live no earlier than March 9.
The CEC members decided not to comply with A. Guoga’s request, because, according to the law, he has to make his request to revoke the mandate of a Seimas member live, but he did not.
“A member of the Seimas must come to the CEC session and repeat aloud his statement that he voluntarily resigns and renounces the mandate of the Seimas member. It is Mr. Guoga who has not come to the hearing today and cannot repeat his request. The only decision is not to comply with their request, ”Commissioner Aistė Žilinskien dijo told the meeting.
‘A. Guoga had to come to the meeting and repeat his statement, ”Commissioner Svetlana Misevičienė said.
Finally, the president of the commission Laura Matjošaitytė stated that the commission is not satisfied with the statement and that A. Guoga may submit a new application to the CEC at any time.
Resigns
A. Guoga was elected a member of the Seimas in October last year according to the Labor Party list. Artūras Skardžius must take his place in the Seimas, which is first on the list of candidates after the script.
A. Guoga submitted the termination request of a Seimas member to the CEC on January 12. He claimed that there were no longer any opportunities to implement the electoral promises with the Labor Party.
In the absence of a decision from the CEC, the Canadian company Cypherpunk Holdings issued a message on January 14 that A. Guoga had returned to the position of manager of the company.
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