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Article 88: Termination of the President's Powers

Chapter VIMedium

Constitution Text

“The powers of the President of the Republic shall cease: 1) upon the expiry of the period for which he is elected; 2) after an early election of the President of the Republic takes place; 3) upon his resignation from office; 4) upon his death; 5) when the Seimas removes him from office according to the procedure for impeachment proceedings; 6) when the Seimas, taking into consideration the conclusion of the Constitutional Court, by a 3/5 majority vote of all the Members of the Seimas, adopts a resolution stating that the state of health of the President of the Republic does not allow him to hold office.”

Summary

This article lists six cases in which the President's powers cease: expiry of the term, an early presidential election, resignation, death, removal by the Seimas through impeachment, or a Seimas resolution by a 3/5 majority stating that the President's health does not allow him or her to hold office.

Key Points

  • •The powers cease upon expiry of the period for which the President was elected or after an early presidential election takes place.
  • •The powers cease upon the President's resignation or death.
  • •The powers cease when the Seimas removes the President from office through impeachment proceedings.
  • •The powers cease when the Seimas, taking into account the conclusion of the Constitutional Court, adopts by a 3/5 majority of all its members a resolution that the President's state of health does not allow him or her to hold office.

Practical Example

Usually the President's powers simply end with the five-year term – on the day the new President takes the oath and assumes office.

Exam Tips

You may be asked which event terminates the President's powers. Memorise the six grounds and the 3/5 majority for the health decision, which requires a conclusion of the Constitutional Court.

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