Lithuanian Constitution Exam flashcards

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Adoption of the 1992 Constitution

The Constitution of the Republic of Lithuania was adopted by referendum on 25 October 1992 and entered into force on 2 November 1992, replacing the provisional 1990 Provisional Basic Law.

Sovereignty of the People

Article 2 states that sovereignty belongs to the People, who exercise it directly or through their representatives; no individual or group may usurp state power.

Supremacy of the Constitution

Article 6 declares the Constitution an integral law of the State; its provisions prevail, and any ordinary law conflicting with it cannot be applied.

Separation of powers

Article 5 divides state power among the Seimas, the President, the Government and the courts, which exercise it in accordance with the Constitution and the principle of checks and balances.

Innate human rights

Article 18 provides that human rights and freedoms are innate and inherent from birth; the State recognises and protects them rather than granting them.

48-hour detention limit

Under Article 20, a person may be detained without a court decision for no longer than 48 hours; further restriction of liberty requires judicial authorisation.

Prohibition of censorship

Article 25 guarantees freedom of expression and information and expressly prohibits censorship; limits must be statutory, necessary and proportionate.

Equality before the law

Article 29 guarantees equality before the law, courts and state institutions and prohibits discrimination based on sex, race, nationality, language, origin, social status, religion or opinion.

Limits on rights

Rights may be restricted only by law where necessary to protect others' rights, constitutional values, public order or security, and the restriction must be proportionate.

Seimas composition

The Seimas has 141 members elected for four years: 71 in single-mandate constituencies and 70 by proportional representation with a 5% threshold (7% for coalitions).

Presidential qualifications

A presidential candidate must be a Lithuanian citizen by birth, at least 40 years old, and a resident of Lithuania for the last three years before the election.

Constitutional Court composition

The Constitutional Court has nine judges serving a single nine-year term: three appointed by the President, three by the Seimas, and three by the President of the Supreme Court.

Presidential suspensive veto

The President may return a law to the Seimas for reconsideration; the Seimas can override the veto by an absolute majority of all members, 71 votes.

Government accountability

The Government is accountable to the Seimas and the President; the Seimas may express no-confidence by a majority of all members, forcing resignation.

Acquisition of citizenship

Lithuanian citizenship is acquired by birth (jus sanguinis), by naturalisation, or by restoration; dual citizenship is permitted only in cases expressly listed by law.

Naturalisation requirements

Naturalisation generally requires ten years of permanent residence, knowledge of Lithuanian, and a lawful source of income; the President may grant citizenship as an exception.

Citizen referendum initiative

A referendum may be called by the Seimas or by 300,000 citizens with voting rights; it is valid if more than half of all registered voters participate.

Seimas election system

Seimas elections are universal, equal, direct and secret; voting is open to citizens aged 18, while Seimas candidates must be at least 25 years old.

Court hierarchy

General jurisdiction runs from district courts to regional courts, the Court of Appeal, and the Supreme Court; administrative courts form a separate system headed by the Supreme Administrative Court.

Prosecutor General appointment

The Prosecutor General is appointed and dismissed by the President with the consent of the Seimas, and heads the prosecution service supervising pre-trial investigations.

Judicial independence

Judges are independent and subject only to the law; they are irremovable and may not hold other elected or appointed offices or engage in business activity.

Right to fair trial

Article 31 guarantees a fair and public hearing by an independent court, the presumption of innocence, and the right to defence and counsel.

Municipal councils

Article 119 guarantees local self-government; municipal councils are elected for four years by universal, equal, direct and secret ballot.

Municipal budgets and taxes

Article 121 gives municipalities their own budgets and the right to levy local taxes and fees within limits established by law.

Directly elected mayor

Since 2015 the mayor is elected directly by municipal voters and heads the municipal administration, while the council remains the representative body.

State budget adoption

Article 127 requires the Seimas to approve the State budget for a calendar year; the Government prepares and submits the draft budget.

Taxation by law

Taxes, duties and other compulsory payments may be established only by law; no tax can be imposed without a statutory basis adopted by the Seimas.

State Control

Valstybės kontrolė audits the use of state and municipal funds, reports to the Seimas, and supervises compliance with budget discipline.

Bank of Lithuania

The Bank of Lithuania is the central bank; it issues currency and is accountable to the Seimas, operating independently of the Government.

Foreign policy principle

Article 135 requires foreign policy to follow universally recognised principles of international law and to serve national security and the well-being of citizens.

Weapons of mass destruction ban

Article 137 prohibits weapons of mass destruction on Lithuanian territory and allows foreign military bases only under a law or an international treaty.

Constitutional amendment thresholds

Amendments to Chapters I and XIV require a referendum; other chapters require a two-thirds majority of all Seimas members, i.e. 94 votes.