Constitutional Court of the Republic of Lithuania and Impeachment of Higher Officers of the State: some the most Important Problems
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Abstract
The author in this article the analyzes the role of Constitutional Court of the Republic of Lithuania judging cases about state officers impeachment. The author is concentrated on impeachment institute that is established in Constitution of the Republic of Lithuania. It’s analyzed in two cuts. First of all the author is interested in interaction problems between law and politics in impeachment process. Secondly, Constitutional Court being a part of impeachment process has to judge actual facts. So we meet relationship between fact and law in this type of constitutional justice cases.
By 74th article of Constitution for gross violation of the Constitution, breach of oath, or upon the disclosure of the commitment of felony, the Seimas may, by three fifths majority vote of all the Seimas members, remove from office the President of the Republic, the Chairman and judges of the Constitutional Court, the Chairman and judges of the Court of Appeals, as well Seimas members, or may revote their mandate of Seimas member. Such an action shall be carried out in accordance with impeachment proceedings that shall be established by the Statute of the Seimas. In 105th article 2nd part 5th mark of the Constitution is established that the Constitutional Court shall present conclusions concerning the compliance with the Constitution of concrete action of Seimas members or other State officers against whom impeachment proceedings have been instituted.
So in impeachment process participates political institution – Seimas and judicial institution – Constitutional Court. Jurisprudence of the Constitutional Court demonstrates that Court explaining Constitutional articles regarding impeachment tires to strengthen legal impeachment aspect. Constitutional Court has marked that only Constitutional Court shall present conclusion concerning the compliance with Constitution of concrete actions of higher State officers against whom impeachment proceedings have been instituted. The decision of the Constitutional Court shall be final. Seimas is a political institution that deals with on question – political or non–political officer and duty. By Constitution – Constitutional Court has duty investigate and judge facts, that means concrete actions of higher state officer to whom impeachment has been instituted. Constitutional process gives all chance to find out truth in case. That’s why facts discovered by Constitutional Court are res judicata. No one is able to deny gross violation of Constitution that Constitutional Court has stated in its conclusion.
By 74th article of Constitution for gross violation of the Constitution, breach of oath, or upon the disclosure of the commitment of felony, the Seimas may, by three fifths majority vote of all the Seimas members, remove from office the President of the Republic, the Chairman and judges of the Constitutional Court, the Chairman and judges of the Court of Appeals, as well Seimas members, or may revote their mandate of Seimas member. Such an action shall be carried out in accordance with impeachment proceedings that shall be established by the Statute of the Seimas. In 105th article 2nd part 5th mark of the Constitution is established that the Constitutional Court shall present conclusions concerning the compliance with the Constitution of concrete action of Seimas members or other State officers against whom impeachment proceedings have been instituted.
So in impeachment process participates political institution – Seimas and judicial institution – Constitutional Court. Jurisprudence of the Constitutional Court demonstrates that Court explaining Constitutional articles regarding impeachment tires to strengthen legal impeachment aspect. Constitutional Court has marked that only Constitutional Court shall present conclusion concerning the compliance with Constitution of concrete actions of higher State officers against whom impeachment proceedings have been instituted. The decision of the Constitutional Court shall be final. Seimas is a political institution that deals with on question – political or non–political officer and duty. By Constitution – Constitutional Court has duty investigate and judge facts, that means concrete actions of higher state officer to whom impeachment has been instituted. Constitutional process gives all chance to find out truth in case. That’s why facts discovered by Constitutional Court are res judicata. No one is able to deny gross violation of Constitution that Constitutional Court has stated in its conclusion.
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Please see Copyright and Licence Agreement for further details.
