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Audrius Bakaveckas

Abstract

According to the ratio of the powers provided to the President of Republic of Lithuania with other kinds of the state authorities, his powers may be classified to three groups: 1) the powers in the sphere of legislation; 2) the powers in the sphere of the executive; 3) the powers in the sphere of legal authorities. In the present Article, the powers of the President of Republic of Lithuania exercised by him in connection with organization and functioning of the executive and regulated by the Article 84 of the Constitution are discussed in details. They may be divided into: a) the powers bound with a formation of the Government; b) the powers bound with an appointment of certain state officials; c) the powers bound with an implementation of foreign policy; d) the powers bound with national defense; e) other powers related to the executive.
After a completion of the analysis of the above–listed powers, it may be stated that the role, functions and powers of the President of the Republic (although he is not a head of the executive and does not institutionally belong to the system of executive institutions according to the Constitution) in this sphere are rather important, versatile and wide in comparison with other kinds of the state authorities. Although the President of the Republic is charged with important powers in the said sphere according to the Constitution, however, he does not directly guide the institutions engaged in an implementation of this kind of powers. He sets the general framework of the internal and foreign policy, however, the Government remains responsible for everyday implementation of the executive. By the way, he is not entitled to implement a considerable part of the most important powers in this sphere self–dependently, without and approval and support of the Seym, i.e. he informally shares some powers with the Seym.
The most degree of freedom related to the executive is provided to the President of Lithuania in the sphere of foreign policy. Here, he is „the central figure“, because other participants of policy directly or indirectly depend on him. The organizational–legal status and structure of the subdivisions servicing the institution of the President of the Republic, or the President Office (although the set in general term does not exist in legal norms) are analyzed herein as well.

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