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Article 115: Grounds for Releasing Judges

Chapter IXMedium

Constitution Text

“The judges of the courts of the Republic of Lithuania shall be released from their duties according to the procedure established by law in the following cases: 1) of their own will; 2) upon the expiry of the term of powers, or upon reaching the pensionable age established by law; 3) due to their state of health; 4) upon election to another office, or upon transfer, with their consent, to another place of work; 5) when their conduct discredits the name of judges; 6) upon the entry into effect of court judgments convicting them.”

Summary

Judges are released from office according to the procedure established by law in six cases: of their own will; on expiry of their term or on reaching the pensionable age; due to health; on election to another office or transfer to other work; when their conduct discredits the name of judge; when a convicting court judgment takes effect.

Key Points

  • •A judge is released of their own will, or on expiry of the term of powers or on reaching the pensionable age established by law.
  • •A judge is released due to their state of health.
  • •A judge is released upon election to another office or, with their consent, upon transfer to another place of work.
  • •A judge is released when their conduct discredits the name of judge.
  • •A judge is released when a court judgment convicting them enters into effect.

Practical Example

A judge who behaved improperly in public and thereby discredited the name of judge can be released from office even without a criminal case. Most judges leave office on reaching the pensionable age.

Exam Tips

Remember that there are six grounds and that release follows 'the procedure established by law'. Do not confuse this with Article 116, which covers removal of Supreme Court and Court of Appeal judges by impeachment.

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