IPU PARLINE database: LITHUANIA (Seimas), Oversight

Parliament name (generic / translated)

Seimas / Parliament

Structure of parliament

Unicameral

Type of political regime

parliamentary

Notes

The President of the Republic is the Head of State (Article 77 of the Constitution). He represents the State and performs all the duties with which he is charged by the Constitution and the laws.

Head of the executive

Prime Minister

Notes

The Government consists of the Prime Minister and other ministers (Artice 91 of the Constitution). The Prime Minister represents the Government and directs its activities.

Method for appointing the executive

The President is elected directly by the citizens on the basis of universal, equal, and direct suffrage by secret ballot (Article 78 of the Constitution). The President appoints, subject to the approval of the parliament, the Prime Minister. He charges him to form the Government and approves its composition (Article 84.4 of the Constitution). The Government returns its powers to the President after the general elections or upon the election of the President.

Term of office of the executive and coincidence with the term of the legislature

The President is elected for a term of five years. The same person may not be elected President for more than two consecutive terms. His or her term does not coincide with the term of the parliament of four-years (Article 55 of the Constitution).

Incompatibility of the functions of member of the executive and member of Parliament

No

The duties of parliamentarians are incompatible with any other duty of state institutions or organisations (Article 60 of the Constitution), but parliamentarians may be appointed as Prime Minister or minister. For that period, their powers as parliamentarians are not terminated.

Dissolution of Parliament

Yes

Circumstances

Early elections to the parliament may be held on the decision of the parliament or may be called by the President (Article 58 of the Constitution).

Modalities

Early parliamentary elections may be held following a decision by the parliament adopted by at least a three-fifths majority vote of the parliamentarians. Early parliamentary elections are called by the President (i) if the parliament fails to adopt a decision on the new programme of the Government within 30 days of its presentation, (ii) if the parliament disapproves it twice in succession within 60 days of its initial presentation, or (iii) on the motion of the Government if the parliament passes a motion of no confidence in the Government. The President may not call early elections if his term of office expires in less than six months, and also if less than six months have passed since early parliamentary elections. When the President announces pre-term elections to the parliament, the newly elected parliament may, by a three-fifths majority vote of all its members and within 30 days of the first sitting, announce a new presidential election.

Accountability of Government to Parliament

Yes

Government is jointly and individually responsible to the parliament for its activities (Article 96 of the Constitution). The ministers are directly subordinate to the Prime Minister.

Modalities of oversight

Oral and written questions of parliamentarians

During plenary sessions, ministers answer questions and present other relevant information. Every week, there is a question hour for the heads of state institutions. Parliamentarians can present written inquiries both to members of the Government or the heads of state institutions. Their answers are discussed during plenary sitting at least twice a month.

Government reports to Parliament

The Prime Minister and the heads of state institutions present an annual report about their activities in the plenary sitting. In addition, upon the request of the parliament, ministers must report on their activities to the parliament (Article 101 of the Constitution).

Measures

Vote of confidence on Government programs and/or legislative proposals

Within 15 days of his appointment, the Prime Minister presents to the parliament the Government he has formed, which has been approved by the President, and submits the governmental program for its consideration. The Government is empowered to act after the parliament approves its program by a majority vote of the parliamentarians participating in the sitting.

Motions of censure and votes of no confidence (sub-report)

Circumstances

The parliament supervises the activities of the Government, and may express no confidence in the Prime Minister or a minister (Article 67.9 of the Constitution). Similarly, other officials appointed or elected by the parliament may be removed from office by a vote of no confidence.

Modalites

During a plenary sitting, at least one-fifth of all parliamentarians may submit an interpellation motion against the Prime Minister or a minister. Upon considering the response of the Prime Minister or minister to the interpellation, the parliament may decide that the response is not satisfactory, and, by a majority vote of half of all the members of the parliament, pass a motion of no confidence (Article 61 of the Constitution). Other officials are removed from office when they receive a motion of no confidence by a majority vote of all members of the parliament.

Consequences

When more than half of the ministers have been replaced, the Government must once again be granted its powers by the parliament or else it must resign. Between 1990 and 2005, there was one case of a motion of no confidence against the Prime Minister, and there were two against the Government, and six cases of interpellation involving no confidence measures against ministers. All motions emanated from opposition parliamentarians, and in one case of no confidence, the Prime Minister and Government in corpore had to resign after a motion of censure was adopted against him (1992).

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

The President enjoys immunity: while in office, and he may not be arrested, prosecuted or held administratively liable (Article 86 of the Constitution). However, the President, the chairman and justices of the Constitutional Court, the chairman and justices of the Supreme Court, the chairman and judges of the Court of Appeal, as well as parliamentarians may be removed from office or their mandate as parliamentarian may be revoked.

Modalites and procedure

The President, the chairman and justices of the Constitutional Court, the chairman and the justices of the Supreme Court, the chairman and judges of the Court of Appeal, as well as parliamentarians may be removed from office by a three-fifths majority vote of all the members of the parliament. The issue of removal from office is decided by parliamentary impeachment proceedings.

Consequences

If an impeachment is passed, the person accused is removed from office or his or her mandate is revoked. Between 1990 and 2000, one case of impeachment was initiated against a parliamentarian (in 1998) but a decision was taken to transfer the case to the courts.

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

The Government is jointly and individually responsible to the parliament for its activities. The ministers, in directing the spheres of administration entrusted to them, are accountable to the parliament and the President, and are directly subordinate to the Prime Minister. The parliament may impose direct administration.

Means and modalities of oversight

Hearings in Committees

If a committee decides that it is necessary to hear the information of a government member or the officer of any other state institution (except the courts), the committee chairman notifies that person of this. In this event, the person must participate in a committee meeting no later than within two weeks. If the said person fails to attend the sitting, the committee chairman informs the parliament of this.

Committees of inquiry and missions to Government departments

Ad hoc control or investigation commissions are formed for the purpose of controlling how the decisions of the parliament are being implemented, and for collecting and presenting the information and conclusions required to analyse the problem at hand. Such commissions are formed of at least five persons, and they may invite the assistance of experts in various areas.

Oral and written questions of parliamentarians

During a plenary session early on Thursday evening the ministers answer the questions of parliamentarians submitted orally for a period of 60 minutes. Parliamentarians may pose urgent and socially significant questions. Should a posed question, in the opinion of the minister or presiding officer, require a comprehensive and detailed response such a question must be submitted in writing. The presiding officer, at his own discretion, may permit additional questions to be posed to a minister who has already answered a question. Additional questions may be posed by any parliamentarian but the member who asked the question has priority. A minister may refuse to answer the question at his own discretion. The duration of questions asked may not exceed one minute, and answers to them two minutes.

Before a sitting begins, ten parliamentarians may submit to the Secretariat a written question for a minister concerning an urgent problem with a request that an answer be given during the same sitting. One parliamentarian may sign no more than one such request. At the end of the sitting, the minister's answer to such a question may be allotted no more than 20 minutes. By the decision of the parliament, this allotted time may be extended. Parliamentarians who have signed the request have the right of priority to pose oral questions. Should the minister so request, he is provided with the possibility of answering the submitted question at the next sitting but no later than within three days. However, if one fifth of all parliamentarians require a discussion during plenary sitting, the discussion is compulsory.

During a plenary session, ministers, the State Controller and heads of state institutions appointed by the parliament or whose appointment requires parliamentary approval, except judges, must answer written questions submitted in advance by parliamentarians every Tuesday. Written questions are submitted through the Secretariat no later than two days prior to the sitting. Twenty-four hours prior to the sitting, the Assembly of Elders determines which of the ministers are to answer the questions submitted to them. Fifteen minutes are allotted for answering such questions. The remaining time is used for answering additionally posed oral questions with parliamentarians who submitted a question having priority.

A question in connection with which a member of the parliament or a group thereof has contacted a state institution, but which, in their opinion, has been in adequately examined or resolved negatively, is considered an inquiry. Such questions and the replies to inquiries are published in the Seimas Chronicle. The time limit of a response to an inquiry may not exceed ten days from receipt of a written question or inquiry, while the time limit of inquiry examination during a plenary sitting must be within ten days of receipt of the response to an inquiry. Should the officer to whom a written question or inquiry has been addressed be unable to reply within the established time limit, he or she must provide an explanation in writing and propose his or her own time limit. However, if the presenters of the inquiry do not agree with these reasons, deliberation of the inquiry must be organised within the established time limit.

Role of Parliament in the appointment of senior Government officials

The State Administration and Local Authorities Committee presents its opinion concerning senior officials of state institutions and other political officers that are appointed by the parliament.

Activity reports of the Government administration and of public services or establishments

The Government presents reports on its activities to the parliament.

Representation of Parliament in governing bodies of the Government administration

Not applicable

Existence of an ombudsman

Yes

Method for appointing the executive

Ombudsmen are appointed by the parliament for a term of four years from the candidates nominated by the Speaker of Parliament. There are five ombudsmen, (i) two for the investigation of activities of state officials, (ii) one for the investigation of activities of military officials, and (iii) two for the investigation of activities of officials of local Government institutions. When nominating candidates for the office of ombudsman, the speaker specifies the institutions for the investigation of activities whereof they are appointed. Among them a Head of Office is appointed who alongside the direct duties of the ombudsman also performs administrative functions. Thus, he or she employs or dismisses office deputies, employs or dismisses other employees, monitors their work, represents the office and organises the preparation of annual reports.

Relationship to Parliament

Ombudsmen have the right to advise the courts to remove the guilty officials from office. They have equal rights and duties, and each of them functions independently. Ombudsmen investigate complaints concerning the abuse of official position or the bureaucracy of officials of state or local Governments. Excluded from examination are the activities of the President, parliamentarians, ministers, judges, prosecutors and investigators. Each year the ombudsman is obliged to submit a written report to the parliament by 15 March on his general activities during the previous calendar year. The report must be made public and considered by the parliament.

Consultation of Parliament in the preparation of the national budget

No

Not applicable

Modalities of oversight

Examination of the budget / finance act by Parliament

The parliament exercises budgetary oversight during the examination of the finance act. The Government draws up the draft budget and submits it to the parliament. The latter approves the budget and determines taxes and other compulsory payments. More precisely, the draft budget is considered by the parliament and is confirmed by passing a law prior to the start of the new budget year. During the deliberation of the draft budget, the parliament may increase the expenditure provided that it specifies the financial sources for the said expenditure.

Reports on the budget / finance act by Committees

Committees examine the classification chapters of the draft budget in accordance with their competence, and formulate their conclusions and amendments and submit them to the Budget and Finance Committee. The State Controller also submits his conclusion concerning the draft budget. Upon receipt of the conclusions of other committees and of the opinions and proposed amendments of parliamentary groups, the Budget and Finance Committee, together with the representatives of the Government, parliamentary groups, and other committees, consider the draft budget and formulate conclusions thereon.

The Budget and Finance Committee must either adopt the amendments to the budget law proposed by another committee, if the said amendments are within the competence of that committee, or reject them by presenting a justified response. Any committee is entitled to submit proposals to amend those chapters of the budget that are not within their competence. In such an event, the Budget and Finance Committee is not obliged to provide a justified response to the committee on whether or not it has accepted the amendments proposed by it.

Fields overseen

Defence budget

Parliament exercises oversight over all public funds.

Budget of special departments

Parliament exercises oversight over all public funds.

Role of Parliament in national development plans

The Government plays the main role in the preparation and implementation of national development plans. The parliament participates in this process by performing parliamentary supervision.

Parliament's deadline for the examination and adoption of the budget / finance act

The budget year starts on 1 January and ends on 31 December. The Government submits the draft budget to the parliament no later than 75 days before the close of the budget year, which is 17 October.

Consequences of failure by Parliament to adopt the budget / finance act

The parliament must approve the budget for the next year no later than 14 calendar days before the start of the budget year. If the budget is not approved by that date, at the beginning of the budget year, the budget expenditure each month may not exceed one-twelfth of the expenditures of the previous budget year.

Budgetary autonomy of Parliament

No

The Government, when preparing a draft budget, includes the allocations to the Parliamentary Chancellery upon the proposal of the Board of the parliament.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

By 31 March, the Government prepares and presents to the Chairman of the parliament the budget performance statement for the previous year. The Chairman presents copies of the said statement to the Budget and Finance Committee, as well as to other committees and parliamentary groups. The budget performance statement and the Controller's conclusions, together with the draft budget of the forthcoming year, must be considered at the plenary sitting by 20 November. Upon the completion of discussions, a resolution of the parliament concerning the performance of the state budget is adopted.

Parliamentary oversight of public companies

No

Not applicable

Modalities of oversight

Body for auditing the Government's books and method for appointing

The state control is headed by the State Controller. He or she is appointed for a five-year term by the parliament upon the nomination of the President (Article 133 of the Constitution). The state control supervises the legality of the management and use of state property and the implementation of the budget.

Reports of the public auditor's office

The State Controller reports to the parliament on the annual account of the implementation of the budget. More precisely, he or she must present to the chairman of the parliament a report on the budget performance statement not later than within six months from the date on which the Government presented the statement to the Chairman. Upon receipt of the Controller's report, the governmental report is heard at the next plenary sitting. In the event that the statement is not approved, the parliament resolves the issue concerning the restoration of legality of revenues or expenditures. An appropriate resolution is drafted for that purpose, and a vote on no confidence in the Prime Minister or an individual minister may also be taken.

The activities of the state control are inspected every year by a commission appointed by the parliament. The inspection report is presented to the parliament together with the conclusion concerning the annual national account of the budget.

Specialised committee

The permanent control of the budget supervision is exercised by the Budget and Finance Committee. Other committees may follow the information regarding the performance of the budget articles that are within their competence. The budget performance must be considered at a sitting of the parliament at least once every six months. In such an event, the Government presents the budget performance statement for consideration.

Foreign Relations Committee (sub-report)

Functions of the Committee

Parliament exercises oversight over foreign policy through the Foreign Relations Committee.

Powers of the Committee

The Committee (i) debates and considers draft laws related to foreign affairs, (ii) prepares conclusions concerning international treaties, (iii) exercises control over the Ministry of Foreign Affairs and related institutions, (iv) cares for the activities of the parliamentary International Relations Department, (v) maintains relations with emigrants and considers problems related to migration, and (vi) considers proposals for the appointment of diplomatic representatives.

Composition of the Committee

The composition of the Committee reflects the numerical strength of each party in the parliament.

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

The parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad.

Plenary debates on foreign policy issues

Not available

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

Parliamentarians may participate in inter-governmental meetings at the request of the Government.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

The President solves the fundamental issues of foreign policy and, together with the Government, implements foreign policy (Article 84 of the Constitution). He or she signs international treaties and submits them to the parliament for ratification. More precisely, the parliament ratifies or denounces international treaties (i) on the redrawing of the state borders, (ii) on political co-operation with foreign countries and mutual assistance as well as defence treaties relating to national defence, (iii) on the renunciation of the use or threat of force as well as peace treaties, (iv) on the presence and status of the armed forces on the territory of a foreign state, (v) on the participation in universal and regional international organisations, and (vi) multilateral or long-term economic agreements (Article 138 of the Constitution).

Other mechanisms for participation in foreign policy by Parliament

In addition to the above, upon the initiative of parliamentarians there are various parliamentary groups established for relations with foreign countries.

National Defence Committee (sub-report)

Functions of the Committee

The parliament exercises oversight over national defence policy through the National Security and Defence Committee.

Powers of the Committee

The Committee (i) debates and considers draft laws related to defence policy, (ii) exercises control over the Ministry of Defence and related institutions, (iii) coordinates the work of state institutions in legislative acts on these issues, (iv) considers and presents proposals concerning the formation of defence policy, and (v) considers proposals for the appointment of military attaches.

Composition of the Committee

The composition of the Committee reflects the numerical strength of each party in the parliament.

Parliamentary oversight of public arms manufacturing companies

Not applicable

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

The parliament imposes martial law, declares a state of emergency and announces mobilisation of the armed forces.

Role of Parliament in sending troops abroad

The parliament adopts decisions to use the armed forces in international operations. The procedures for forming, funding and training for international operations are defined by the Government.

Other mechanisms for participation in national defence policy by Parliament

No other means in addition to the above. However, the main issues of national defence is discussed and co-ordinated by the State Defence Council, which consists of the President, the Prime Minister, the Chairman of the parliament, the Minister of National Defence, and the Commander of the army (Article 140 of the Constitution).

Circumstances

Parliament imposes martial law, calls for mobilisation or demobilisation and adopts decisions to use the armed forces when the need arises for the defence of the homeland or the fulfilment of international obligations (Article 142 of the Constitution). In the event of an armed attack which threatens the sovereignty of the State or its territorial integrity, the President immediately passes a decision concerning defence against an armed aggression, imposes martial law throughout the country or in part thereof, declares mobilisation, and submits these decisions to the next sitting of the parliament. In the period between sessions, the President immediately convenes an extraordinary session of the parliament, which approves or overrules the decision of the President.

When a threat arises for the constitutional system or public peace of the State, the parliament may declare a state of emergency throughout the country, or in any of its parts for a period of up to six months. In cases of emergency during the period when the parliament is not in session, the President has the right to adopt such a decision, and convenes, at the same time an extraordinary session of the parliament for the consideration of this issue. The parliament approves or overrules the decision of the President.

Can parliament take the initiative to declare a state of emergency

Yes

Consequences of a state of emergency for Parliament

If a regular election is to be held in times of hostilities, either the parliament or the President adopt a decision to extend the terms of office of the parliament, the President, or municipal councils. In such cases, elections must be held within three months from the end of the hostilities. After the imposition of martial law or the declaration of a state of emergency, some rights and freedoms may be temporarily restricted. Amendments to the Constitution may not be made during a state of emergency.

Modalities of oversight

Body ruling on the constitutionality of laws

A specialised body / constitutional Court

The Constitutional Court ensures the supremacy of the Constitution within the legal system as well as constitutional justice (Article 102 of the Constitution). The Court consists of nine justices appointed for nine-year terms not renewable. Every three years, one-third of the justices are renewed. The parliament appoints three candidates from among the candidates nominated by the President, three nominated by the Chairman of the parliament and three nominated by the Chairman of the Supreme Court. The Chairman of the Constitutional Court is appointed by the parliament from among the justices on the recommendation of the President.

Means and procedures

The Constitutional Court holds a hearing and rule on whether or not the laws and legal acts passed by the parliament are in conflict with the Constitution. The Court also examines whether legal acts of the President or the Government are in conflict with the Constitution, and submits opinions on (i) whether election laws were violated during the elections, (ii) whether the health the President is not preventing him from continuing in office, (iii) whether international agreements are in conformity with the Constitution, and (iv) whether concrete actions of parliamentarians or other state officials against whom impeachment proceedings have been instituted do not contravene the Constitution.

The Government, at least one-fifth of all members of the parliament, and the courts have the right to apply to the constitutional court concerning constitutional and legal acts. At least one-fifth of all members of thre parliament and the courts must apply to the Constitutional Court concerning the conformity of acts of the President within the Constitution and the laws. At least one-fifth of all members of the parliament, the courts, and the President may apply to the Constitutional Court concerning the conformity of an act of the Government with the Constitution and the laws. A recommendation of the President or a resolution of the parliament to investigate the conformity of an act with the Constitution suspends the act.

A law or a part thereof or any other act of the parliament or a part thereof, an act of the President, and an act of the Government or a part thereof may not be applied from the day of the announcement of the decision of the Constitutional Court that the act in question (or part thereof) is in conflict with the Constitution. The decisions of the Court on issues assigned to its jurisdiction by the Constitution are final and are not subject to appeal.

Evaluation of laws

No

Not applicable

Measures

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