CHAPTER IX. THE COURTS
Article 109
In the Republic of Lithuania, justice shall be administered only by courts.
While administering justice, the judge and courts shall be independent.
When considering cases, judges shall obey only the law.
The court shall adopt decisions in the name of the Republic of Lithuania.
Article 110
A judge may not apply a law, which is in conflict with the Constitution.
In cases when there are grounds to believe that the law or other legal act which should be applied in a concrete case is in conflict with the Constitution, the judge shall suspend the consideration of the case and shall apply to the Constitutional Court requesting it to decide whether the law or other legal act in question is in compliance with the Constitution.
Article 111
The courts of the Republic of Lithuania shall be the Supreme Court of Lithuania, the Court of Appeal of Lithuania, regional courts and local courts.
For the consideration of administrative, labour, family and cases of other categories, specialised courts may be established according to law.
Courts with extraordinary powers may not be established in the Republic of Lithuania in a time of peace.
The formation and competence of courts shall be established by the Law on Courts of the Republic of Lithuania.
Article 112
In Lithuania, only citizens of the Republic of Lithuania may be judges.
Justices of the Supreme Court as well as its President chosen from among them shall be appointed and dismissed by the Seimas upon the submission of the President of the Republic.
Judges of the Court of Appeal as well as its President chosen from among them shall be appointed by the President of the Republic upon the assent of the Seimas.
Judges and presidents of local, regional, and specialised courts shall be appointed, and their places of work shall be changed by the President of the Republic.
A special institution of judges provided for by law shall advise the President of the Republic on the appointment, promotion, transfer of judges, or their dismissal from office.
A person appointed judge shall take an oath, according to the procedure established by law, to be faithful to the Republic of Lithuania and to administer justice only according to law.
Article 113
A judge may not hold any other elected or appointed office, may not work in any business, commercial, or other private establishments or enterprises. Also he may not receive any remuneration other than the remuneration established for the judge and payment for educational or creative activities.
A judge may not participate in the activities of political parties and other political organization.
Article 114
Interference by institutions of State power and governance, Members of the Seimas and other officials, political parties, political and public organization, or citizens with the activities of a judge or the court shall be prohibited and shall incur liability provided for by law.
A judge may not be held criminally liable, arrested or have his freedom restricted otherwise without the consent of the Seimas, or, in the period between the sessions of the Seimas, without the consent of the President of the Republic of Lithuania.
Article 115
Judges of courts of the Republic of Lithuania shall be dismissed from office according to the procedure established by law in the following cases:
- of their own will;
- upon expiration of the term of powers or upon reaching the pensionable age established by law;
- due to the state of health;
- upon the election to another office or upon their transfer, with their consent, to another place of work;
- when by their behavior they discredit the name of the judge;
- upon coming into effect of court judgements convicting them.
Article 116
For a gross violation of the Constitution, breach of oath, or when it transpires that a crime has been committed, the President and justices of the Supreme Court as well as the President and judges of the Court of Appeal may be removed from office by the Seimas according to the procedure for impeachment proceedings.
Article 117
In all courts, the consideration of cases shall be public. A closed court hearing may be held in order to protect the secrecy of private or family life of the human being, or where public consideration of the case might disclose a State, professional or commercial secret.
In the Republic of Lithuania, court proceedings shall be conducted in the State language.
Persons who have no command of Lithuanian shall be guaranteed the right to participate in investigation and court acts through a translator.
Article 118
Pre-trial investigation shall be organised and directed, and charges on behalf of the State in criminal cases shall be upheld by the prosecutor.
When performing his functions, the prosecutor shall be independent and shall obey only the law.
The Prosecutor’s Office of the Republic of Lithuania shall be the Office of the Prosecutor-General and territorial prosecutor’s offices.
The Prosecutor-General shall be appointed and dismissed by the President of the Republic upon the assent of the Seimas.
The procedure for the appointment and dismissal of prosecutors and their status shall be established by law.
