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Article 112: Appointment of Judges

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Constitution Text

“In Lithuania, only the citizens of the Republic of Lithuania may be judges. The justices of the Supreme Court, as well as its President chosen from among them, shall be appointed and released by the Seimas upon submission by the President of the Republic. The 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. The 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, as provided for by law, shall advise the President of the Republic on the appointment, promotion, and transfer of judges, or their release from duties. A person appointed as a judge shall, according to the procedure established by law, take an oath to be faithful to the Republic of Lithuania and to administer justice only according to the law.”

Summary

Only citizens of the Republic of Lithuania may be judges. Supreme Court justices and its President are appointed and released by the Seimas on the President's submission; Court of Appeal judges and its President are appointed by the President with the assent of the Seimas; judges of district, regional and specialised courts are appointed by the President. A special institution of judges advises the President, and every appointed judge takes an oath.

Key Points

  • •In Lithuania only citizens of the Republic of Lithuania may be judges.
  • •Supreme Court justices, and its President from among them, are appointed and released by the Seimas upon submission by the President of the Republic.
  • •Court of Appeal judges, and its President from among them, are appointed by the President of the Republic with the assent of the Seimas.
  • •Judges and presidents of district, regional and specialised courts are appointed, and their places of work changed, by the President of the Republic.
  • •A special institution of judges provided for by law advises the President on appointment, promotion, transfer and release of judges; an appointed judge swears to be faithful to Lithuania and to administer justice only according to the law.

Practical Example

The President signs a decree appointing a new district court judge after receiving the advice of the judicial council. A Supreme Court justice, however, can only be proposed by the President; the appointment is made by the Seimas.

Exam Tips

Memorise the three appointment levels: Supreme Court, by the Seimas on the President's submission; Court of Appeal, by the President with the Seimas' assent; all other courts, by the President. A common question is whether a foreigner can be a judge (no, only citizens).

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