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Article 104: Independence of Constitutional Court Justices

Chapter VIIIMedium

Constitution Text

“While in office, the justices of the Constitutional Court shall be independent of any other state institution, person, or organisation, and shall follow only the Constitution of the Republic of Lithuania. Before entering office, the 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 established on work and political activities for the judges of courts shall also apply to the justices of the Constitutional Court. The justices of the Constitutional Court shall have the same rights concerning the inviolability of their person as the Members of the Seimas.”

Summary

While in office, Constitutional Court justices are independent of any institution, person or organisation and follow only the Constitution. Before entering office they take an oath at the Seimas. They are subject to the same work and political-activity restrictions as court judges and enjoy the same personal inviolability as Members of the Seimas.

Key Points

  • •Justices are independent of any state institution, person or organisation and follow only the Constitution.
  • •Before entering office, justices take an oath at the Seimas to be faithful to the Republic of Lithuania and the Constitution.
  • •The restrictions on work and political activity set for court judges also apply to them (see Article 113).
  • •Constitutional Court justices have the same personal inviolability as Members of the Seimas.

Practical Example

A newly appointed Constitutional Court justice takes the oath at a sitting of the Seimas, not at the Court. While in office, the justice may not practise as a lawyer or take part in party activities.

Exam Tips

Remember three things: the oath is taken at the Seimas, justices follow only the Constitution, and their inviolability equals that of Members of the Seimas.

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