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Article 74: Impeachment

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Constitution Text

“The President of the Republic, the President and justices of the Constitutional Court, the President and justices of the Supreme Court, the President and judges of the Court of Appeal, as well as any Members of the Seimas, who grossly violate the Constitution or breach their oath, or are found to have committed a crime, may be removed from office or have the mandate of a Member of the Seimas revoked by a 3/5 majority vote of all the Members of the Seimas. This shall be performed according to the procedure for impeachment proceedings, which shall be established by the Statute of the Seimas. A person who, according to the procedure for impeachment proceedings, has been removed from office or has had the mandate of a Member of the Seimas revoked by the Seimas for a gross violation of the Constitution or a breach of the oath may hold an office specified in the Constitution, the commencement of which is, under the Constitution, linked to the taking of the oath provided for in the Constitution, only when not less than ten years have passed since the decision of the Seimas by which the person was removed from office or had the mandate of a Member of the Seimas revoked.”

Summary

The President of the Republic, the Presidents and justices of the Constitutional Court, the Supreme Court and the Court of Appeal, and Members of the Seimas who grossly violate the Constitution, breach their oath or are found to have committed a crime may be removed from office or stripped of their mandate by a 3/5 majority of all Members of the Seimas, following the impeachment procedure set by the Statute of the Seimas. Since 2022, a person so removed may again hold an office under the Constitution that begins with taking an oath only after at least ten years.

Key Points

  • •Impeachment applies to the President of the Republic, the Presidents and justices of the Constitutional Court, the Supreme Court and the Court of Appeal, and Members of the Seimas.
  • •Grounds for impeachment: a gross violation of the Constitution, a breach of the oath, or a crime that comes to light.
  • •Removal from office or revocation of a Seimas mandate requires a 3/5 majority of all Members of the Seimas.
  • •The impeachment procedure is established by the Statute of the Seimas.
  • •A person removed by impeachment for a gross violation of the Constitution or a breach of oath may hold an office named in the Constitution that begins with taking an oath only after at least ten years have passed since the Seimas decision.

Practical Example

If a Member of the Seimas grossly violates the Constitution, the Seimas opens impeachment proceedings, the Constitutional Court gives its conclusion and the Seimas votes on revoking the mandate. A removed person cannot become a Member of the Seimas or President for ten years.

Exam Tips

Memorise the 3/5 majority of all Members of the Seimas, the three grounds for impeachment and that the procedure is set by the Statute of the Seimas. The 2022 amendment introduced a ten-year ban on a removed person again holding an office tied to an oath.

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