CHAPTER VIII. THE CONSTITUTIONAL COURT
Article 102
The Constitutional Court shall decide whether the laws and other acts of the Seimas are not in conflict with the Constitution and whether the acts of the President of the Republic and the Government are not in conflict with the Constitution or laws.
The status of the Constitutional Court and the procedure for the execution of its powers shall be established by the Law on the Constitutional Court of the Republic of Lithuania.
Article 103
The Constitutional Court shall consist of 9 justices, each appointed for a single nine-year term of office. Every three years, one-third of the Constitutional Court shall be reconstituted. The Seimas shall appoint candidates for justices of the Constitutional Court from the candidates, three each submitted by the President of the Republic, the President of the Seimas, and the President of the Supreme Court, and appoint them as justices.
The Seimas shall appoint the President of the Constitutional Court from among its justices upon the submission by the President of the Republic.
Citizens of the Republic of Lithuania who have an impeccable reputation, who have higher education in law, and who have not less than a 10-year work record in the field of law or in a branch of science and education as a lawyer, may be appointed as justices of the Constitutional Court.
Article 104
While in office, justices of the Constitutional Court shall be independent of any other State institution, person or organization, and shall follow only the Constitution of the Republic of Lithuania.
Before entering office, justices of the Constitutional Court shall take an oath at the Seimas to be faithful to the Republic of Lithuania and the Constitution.
The limitations on work and political activities which are established for court judges shall apply also to justices of the Constitutional Court.
Justices of the Constitutional Court shall have the same rights concerning the inviolability of their person as shall Members of the Seimas.
Article 105
The Constitutional Court shall consider and adopt a decision whether the laws of the Republic of Lithuania and other acts adopted by the Seimas are not in conflict with the Constitution of the Republic of Lithuania.
The Constitutional Court shall also consider if the following are not in conflict with the Constitution and laws:
- acts of the President of the Republic;
- acts of the Government of the Republic.
The Constitutional Court shall present conclusions:
- whether there were violations of election laws during elections of the President of the Republic or elections of members of the Seimas;
- whether the state of health of the President of the Republic allows him to continue to hold office;
- whether international treaties of the Republic of Lithuania are not in conflict with the Constitution;
- whether concrete actions of Members of the Seimas and State officials against whom an impeachment case has been instituted are in conflict with the Constitution.
Article 106
The Government, not less than 1/5 [one-fifth] of all the Members of the Seimas, and the courts, shall have the right to apply to the Constitutional Court concerning the acts specified in the First Paragraph of Article 105.
Not less than 1/5 [one-fifth] of all the Members of the Seimas and the courts shall have the right to apply to the Constitutional Court concerning the conformity of acts of the President of the Republic with the Constitution and the laws.
Not less than 1/5 [one-fifth] of all the Members of the Seimas, the courts, as well as the President of the Republic, shall have the right to apply to the Constitutional Court concerning the conformity of acts of the Government with the Constitution and the laws.
Every person shall have the right to apply to the Constitutional Court concerning the acts specified in the first and second paragraphs of Article 105 if a decision adopted on the basis of these acts has violated the constitutional rights or freedoms of the person and the person has exhausted all legal remedies. The procedure for implementing this right shall be established by the Law on the Constitutional Court.
The presentation by the President of the Republic for the Constitutional Court or the resolution of the Seimas asking for an investigation into the conformity of an act with the Constitution shall suspend the validity of the act.
The Seimas may request a conclusion from the Constitutional Court, and in cases concerning Seimas elections and international treaties, the President of the Republic may also request a conclusion.
The Constitutional Court shall have the right to refuse to accept a case for consideration or to prepare a conclusion if the application is based on non-legal reasoning.
Article 107
A law (or part thereof) of the Republic of Lithuania or other act (or part thereof) of the Seimas, act of the President of the Republic, act (or part thereof) of the Government may not be applied from the day of official promulgation of the decision of the Constitutional Court that the act in question (or part thereof) is in conflict with the Constitution of the Republic of Lithuania.
The decisions of the Constitutional Court on issues ascribed to its competence by the Constitution shall be final and not subject to appeal.
In the case heard subsequent to an application by a person referred to in the Fourth Paragraph of Article 106 of the Constitution, the decision of the Constitutional Court that a law (or part thereof) of the Republic of Lithuania or another act (or part thereof) of the Seimas, an act of the President of the Republic, or an act (or part thereof) of the Government is in conflict with the Constitution shall constitute a basis for renewing, according to the procedure established by law, the proceedings regarding the implementation of the violated constitutional rights or freedoms of the person.
On the basis of the conclusions of the Constitutional Court, the Seimas shall take a final decision on the issues set forth in the Third Paragraph of Article 105 of the Constitution.
Article 108
The powers of a justice of the Constitutional Court shall cease:
- upon the expiration of the term of powers;
- upon his death;
- upon his resignation;
- when he is incapable to hold office due to the state of his health;
- when the Seimas removes him from office in accordance with the procedure for impeachment proceedings.
