Z.Vaišvila is surprised by the ignorance of the Constitutional Court and the Government – Respublika.lt

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Z.Vaišvila is surprised by the ignorance of the Constitutional Court and the Government.

1. Paragraphs 2, 4-6 of article 198 of the Statute of the Seimas establish the legal regulation of the devolution of powers to the Government when more than half of the ministers change.

2. Protocol resolution no. XIII-2412 of the Seimas of August 20, 2019 on the reassignment of powers to the Government of the Republic of Lithuania.

It was only after reading this ruling that I learned the reason why the Constitutional Court ruled that this ruling would be officially announced, that is, it would enter into force, only on December 23, 2020. In order for the Government that operates without constitutional powers since 08/20/2019, that is, a group of people who have occupied the official place of our Government and their rights and duties without a legal basis, have time to regain powers, that is, consider the Government’s program in the Seimas and receive Approval from the Seimas. After all, the government, which implements state governance, occupies a special place, and according to the Constitution, it is not possible that there is no functioning government in the state. Saulius Skvernelis, who they call Prime Minister, has already said publicly that he was not motivated by this ruling of the Constitutional Court.

First questions to the Constitutional Court. The Constitutional Court ruling, which did not enter into force on August 28, 2020, attempts to grant the right to submit the Government’s program to the Seimas for its consideration and approval. However, the ruling of the Constitutional Court, which has not entered into force, does not create rights or obligations for anyone, and after its entry into force on December 23, 2020, another government, that is, legitimate, should already be in operation. The judges of the Constitutional Court cannot fail to understand this.

The explanation of the Constitutional Court also surprised that according to article 92 of the Constitution. 4 d. the Government is considered to have regained the authority to act with the approval of the Seimas for the candidacy of the Prime Minister of the Government which has returned the authority. I am reading this place in our Constitution and I do not see anything similar to what the Constitutional Court has said. The Constitutional Court did not explain anything from what thoughts that are not in the place indicated in the Constitution were fired in the minds of the judges.

However, Art. 92 of the Constitution. 5 d. It is stated very clearly and unequivocally that the new Government receives the authority to act when the Seimas, by a majority of the votes of the Seimas members present at the session, approves its program. That is why there is a great misunderstanding of the Constitutional Court ruling of 08/28/2020, as it is more polite to say.

But the dog was buried elsewhere. In this case, a group of members of the Seimas filed an application with the court due to the fact that the resolution of the Seimas protocol on the reassignment of powers to the Government of the Republic of Lithuania is in conflict with the Constitution, as allegedly more than half of the government ministers changed. Did this really happen? Turns out not.

I checked the presidential decrees: no member of the 17th Government has changed since the election of President Gitan Nauseda! The entire XVII Government returned the powers to the President, who accepted them. So the entire (!) 17th Government is gone! For this reason, the president submitted the candidacy of Saulius Skvernelis for the post of prime minister to the Seimas, that is, to name the prime minister of the new government, not the seventeenth.

After the approval of the Seimas, the president, by decree of July 24, 2019, appointed Saulius Skvernelis as prime minister (that is, the head of the new government, since it is impossible to appoint the head of the same government twice) and him He gave instructions to form the government (that is, the new one to be approved by the President. And then, by decree, the President approved the appointment of 14 ministers by the newly appointed Prime Minister. in the body whole government (ie appointed a new -18th government rather than changing the composition of the 17th government). Therefore, there is no presidential decree that allows the XVII Government, which returned its powers to the President, to continue its activities; In accordance with the Constitution, a new Government was formed by presidential decrees, but it did not present its program to the Seimas. Thus, the 18th Government, which calls itself the 17th, operates without constitutional authority. How did it happen that not only did the Seimas and the president “not see” and “did not understand” for over a year, but the Constitutional Court also “did not notice”?

Or everyone was bogged down in the fictitious resolution of the Seimas protocol of August 20, 2019 “On the reassignment of powers to the Government of the Republic of Lithuania”, by which the Seimas pretended not to “realize” the formation of new governments, or simply the legal literacy of our leaders. The Russians say: “Sila jest, uma nenado” (there is strength, no mind is needed).