KAS IR KOKIA TVARKA GALI PAŠALINTI IŠ PAREIGŲ AUKŠČIAUSIOJO TEISMO, TAIP PAT APELIACINIO TEISMO TEISĖJUS?

Abstract

Under Article 74 and Article 116 of the Constitution of the Republic of Lithuania, justice of the Supreme Court or a judge of the Court of Appeal may be removed from office for a gross violation of the Constitution, a breach of the oath, or when he/she is found to have committed a crime, according to the procedure for impeachment proceedings. Article 115 of the Constitution, which establishes the grounds for dismissing from office judges of the Lithuanian courts provides that a judge may be dismissed from office when his/her conduct discredits the name of judges (Item 5 of Article 115). The Constitution does not provide for a different (alternative) procedure for dismissing a justice of the Supreme Court or a judge of the Court of Appeal from office, or the consequences of his/ her dismissal from office where the dismissal is based on the same act by which the judge not only discredited the name of judges but also has breached the oath. The Constitution differentiates the grounds for removal from office of a justice of the Supreme Court or a judge of the Court of Appeal (one of such grounds being an act by which a justice/judge discredits the name of judges but does not breach the oath (Item 5 of Article 115), the other being an act by which a justice/judge not only discredits the name of judges but also breaches the oath (Article 116), and this determines different powers of the President of the Republic of Lithuania when deciding whether to dismiss (remove from office) a justice of the Supreme Court or a judge of the Court of Appeal. If an act discrediting the name of judges is such that breaches the oath, the provisions of Article 116 of the Constitution, providing for constitutional liability for a breach of the oath for which impeachment proceedings must be launched, should apply instead of Paragraph 5 of Article 115 thereof. If the President or justices of the Supreme Court or the President or judges of the Court of Appeal are removed from office “upon the entry into effect of court judgments convicting them”, the provisions of Article 116 of the Constitution that provide for impeachment for the commission of a crime should apply instead of Item 6 of Article 115 thereof.