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Article 89: Substitution of the President

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Constitution Text

“In the event that the President of the Republic dies, resigns, or is removed from office according to the procedure for impeachment proceedings, or the Seimas decides that the state of health of the President of the Republic does not allow him to hold office, the office of the President of the Republic shall temporarily be held by the Speaker of the Seimas. In such a case, the Speaker of the Seimas shall lose his powers at the Seimas, and his office shall temporarily be held, upon commissioning by the Seimas, by his Deputy. In the enumerated cases, the Seimas must, within 10 days, call an election of the President of the Republic, which must be held within two months. If the Seimas cannot convene and call the election of the President of the Republic, the election shall be called by the Government. The Speaker of the Seimas shall substitute for the President of the Republic when the latter is temporarily abroad or falls ill and, for this reason, is temporarily unable to hold office. While temporarily substituting for the President of the Republic, the Speaker of the Seimas may neither call an early election to the Seimas nor appoint or release Ministers without the consent of the Seimas. During the said period, the Seimas may not consider the issue of no confidence in the Speaker of the Seimas. With the exception of the cases specified in this Article, the powers of the President of the Republic may not be executed by any other persons or institutions.”

Summary

If the President dies, resigns, is removed through impeachment or cannot serve for health reasons, the Speaker of the Seimas temporarily holds the office, and the Seimas must call a presidential election within 10 days, to be held within two months. The Speaker also substitutes for a President who is temporarily abroad or ill, but may not call early Seimas elections or change Ministers without the consent of the Seimas.

Key Points

  • •If the President dies, resigns, is removed through impeachment, or the Seimas decides that his or her health does not allow holding office, the Speaker of the Seimas temporarily holds the office of President.
  • •In that case the Speaker loses his or her powers at the Seimas – the Deputy Speaker temporarily takes over.
  • •The Seimas must call a presidential election within 10 days, to be held within two months; if the Seimas cannot convene, the Government calls the election.
  • •The Speaker substitutes for a President temporarily abroad or ill, but may not call early Seimas elections or appoint or release Ministers without the consent of the Seimas; during that period the Seimas may not consider no confidence in the Speaker.
  • •In no other cases may any other person or institution exercise the powers of the President.

Practical Example

After the President was removed through impeachment in 2004, the Speaker of the Seimas, Artūras Paulauskas, temporarily held the office of President until the new election.

Exam Tips

A common question: who temporarily acts as President (the Speaker of the Seimas, not the Prime Minister). Memorise the deadlines: the election is called within 10 days and held within two months.

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