The Constitutional Doctrine of the Returning of the Powers of the Government upon the Election of the President of the Republic: Some Aspects of Argumentation

Abstract

The article deals with the doctrine of the returning of the powers of the Government upon the election of the President of the Republic formulated in the Constitutional Court ruling of 10 January 1998. Attention is focused on the arguments of the Constitutional Court upon which this doctrine is based–these are the arguments regarding the expression of no-confidence in the Prime Minister and the new empowerment of the Government (after more than a half of the ministers are changed). In the opinion of the author, some of such arguments are subject to discussion. The constitutional regulation regarding the returning of the powers of the Government upon the election of the President of the Republic is inexhaustive and unclear. Although the wording of the provisions of the Constitution regarding the returning of the powers of the Government after the elections of the Seimas and after the elections of the President of the Republic is almost the same, there is one essential difference: the Constitution provides that after the elections of the Seimas the Government must return its powers to the President of the Republic and must resign, whereas the Constitution does not provide that the Government must resign after the elections of the President of the Republic as well.