Lithuania | Constitutional provisions

Text of the Constitution (in English)

1. Provisions concerning the European Union

Art. 150 The constituent part of the Constitution of the Republic of Lithuania shall be: The Constitutional Law "On the State of Lithuania" of 11 February 1991; The Constitutional Act "On the Non-Alignment of the Republic of Lithuania to Post-Soviet Eastern Unions" of 8 June 1992; The Law "On the Procedure for Entry into Force of the Constitution of the Republic of Lithuania" of 25 October 1992; The Constitutional Act "On Membership of the Republic of Lithuania in the European Union" of 13 July 2004.

CONSTITUTIONAL ACT OF THE REPUBLIC OF LITHUANIA ON MEMBERSHIP OF THE REPUBLIC OF LITHUANIA IN THE EUROPEAN UNION

The Seimas of the Republic of Lithuania, executing the will of the citizens of the Republic of Lithuania expressed in the referendum on the membership of the Republic of Lithuania in the European Union, held on 10-11 May 2003; expressing its conviction that the European Union respects human rights and fundamental freedoms and that the Lithuanian membership in the European Union will contribute to a more efficient securing of human rights and freedoms, noting that the European Union respects national identity and constitutional traditions of its Member States, seeking to ensure a fully-fledged participation of the Republic of Lithuania in the European integration as well as the security of the Republic of Lithuania and welfare of its citizens, having ratified, on 16 September 2003, the Treaty Between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, the Slovak Republic Concerning the Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, the Slovak Republic to the European Union, signed on 16 April 2003 in Athens, adopts and proclaims this Constitutional Act:

1. The Republic of Lithuania as a Member State of the European Union shall share with or confer on the European Union the competences of its State institutions in the areas provided for in the founding Treaties of the European Union and to the extent that, together with the other Member States of the European Union, it would, together with other Member States of the European Union, meet its membership commitments in those areas as well as enjoy the membership rights.

2. The norms of the European Union law shall be a constituent part of the legal system of the Republic of Lithuania. Where it concerns the founding Treaties of the European Union, the norms of the European Union law shall be applied directly, while in the event of collision of legal norms, they shall have supremacy over the laws and other legal acts of the Republic of Lithuania.

3. The Government shall inform the Seimas about the proposals to adopt acts of European Union law. As regards the proposals to adopt the acts of European Union law regulating the areas which, under the Constitution of the Republic of Lithuania, are related to the competences of the Seimas, the Government shall consult the Seimas. The Seimas may recommend to the Government a position of the Republic of Lithuania in respect of these proposals. The Seimas Committee on European Affairs and the Seimas Committee on Foreign Affairs may, according to the procedure established by the Statute of the Seimas, submit to the Government the opinion of the Seimas concerning the proposals to adopt the acts of the European Union law. The Government shall assess the recommendations or opinions submitted by the Seimas or its Committees and shall inform the Seimas about their execution following the procedure established by legal acts.

4. The Government shall consider the proposals to adopt the acts of European Union law following the procedure established by legal acts. As regards these proposals, the Government may adopt decisions or resolutions for the adoption of which the provisions of Article 95 of the Constitution are not applicable.

2. Provisions concerning International Treaties

Art. 84 The President of the Republic shall:

1) settle basic foreign policy issues and, together with the Government, implement foreign policy;

2) sign international treaties of the Republic of Lithuania and submit them to the Parliament for ratification;

Art. 105 (1) The Constitutional Court shall consider and adopt decisions concerning the conformity of laws of the Republic of Lithuania and legal acts adopted by the Parliament with the Constitution of the Republic of Lithuania.

(2) The Constitutional Court shall also consider the conformity with the Constitution of:
1) legal acts of the President; and
2) legal acts of the Government.

(3) The Constitutional Court shall present conclusions concerning: 1) the violation of election laws during presidential elections or elections to the Parliament; 2) whether the President of the Republic of Lithuania's health is not limiting his or her capacity to continue in office; 3) the conformity of international agreements of the Republic of Lithuania with the Constitution; and 4) the compliance with the Constitution of concrete actions of Parliament members or other State officers against whom impeachment proceedings have been instituted.

Art. 135 (1) In conducting foreign policy, the Republic of Lithuania shall pursue the universally recognized principles and norms of international law, shall strive to safeguard national security and independence as well as the basic rights, freedoms and welfare of its citizens, and shall take part in the creation of sound international order based on law and justice.

(2) In the Republic of Lithuania, war propaganda shall be prohibited.

Art. 136 The Republic of Lithuania shall participate in international organisations provided that this is not in conflict with the interests and independence of the State.

Art. 137 There may not be any weapons of mass destruction and foreign military bases on the territory of the Republic of Lithuania.

Art. 138 The Seimas shall ratify or denounce the following international treaties of the Republic of Lithuania:

1) on the alteration of the State boundaries of the Republic of Lithuania;

2) on political co-operation with foreign states, mutual assistance treaties as well as treaties of defensive nature related to the defence of the State;

3) on the renunciation of the use of force or threatening by force as well as peace treaties;

4) on the presence and status of the armed forces of the Republic of Lithuania on the territories of foreign states;

5) on the participation of the Republic of Lithuania in universal international organisations and regional international organisations;

6) multilateral or long-term economic treaties.

Laws as well as international treaties may also provide for other cases when the Seimas ratifies international treaties of the Republic of Lithuania. International treaties ratified by the Seimas of the Republic of Lithuania shall be a constituent part of the legal system of the Republic of Lithuania.

3. Provisions concerning constitutional reform

Art. 147 (1) In order to amend or append the Constitution of the Republic of Lithuania, a proposal must be submitted to the Parliament by either no less than one-fourth of the members of the Parliament, or by at least 300,000 voters.

(2) During a state of emergency or martial law, amendments to the Constitution may not be made.

Art. 148 (1) The provision of Article 1 that the State of Lithuania is an independent democratic republic may only be amended by a referendum in which at least three-fourths of the electorate of Lithuania vote in favor thereof.

(2) The provisions of Chapter 1 and Chapter 14 may be amended only by referendum.

(3) Amendments of other chapters of the Constitution must be considered and voted upon in the Parliament twice. There must be a lapse of at least three months between each vote. Bills for constitutional amendments shall be deemed adopted by the Parliament if, in each of the votes, at least two-thirds of all the members of the Parliament vote in favor of the enactment.

(4) An amendment to the Constitution which is rejected by the Parliament may not be submitted to the Parliament for reconsideration for the period of one year.

Art. 149 (1) The adopted law on an amendment to the Constitution shall be signed by the President of the Republic of Lithuania and officially promulgated within 5 days.

(2) If the President of the Republic of Lithuania does not sign and promulgate such a law in due time, this law shall become effective when the Chairperson of the Parliament signs and promulgates it.

(3) The law on an amendment to the Constitution shall become effective no earlier than one month after the adoption thereof.

4. Provisions concerning referendums

Art. 9 (1) The most significant issues concerning the life of the State and the People shall be decided by referendum.

(2) In the cases established by law, referendums shall be announced by the Parliament.

(3) Referendums shall also be announced if no less than 300,000 of the electorate so request.

(4) The procedure for the announcement and execution of a referendum shall be established by law.

Art. 67 The Parliament shall: 3) adopt resolutions for the organization of referendums; 16) ratify or denounce international treaties whereto the Republic of Lithuania is a party, and consider other issues of foreign policy;