Official translation
REPUBLIC OF LITHUANIA
LAW
ON COURTS
31 May 1994, No.I-480
Vilnius
a new version of the Law
24 January 2002 No. IX-732
(entry into force on 1 May 2002)
as last amended by 17 April 2003 No.IX-1508
(entry into force on 1 May 2003)
The Law on Courts shall establish the court system of the Republic of Lithuania, their jurisdiction, organisation, activities, administration and the system of self-governance, their principles, the status of judges, the procedure of selection of candidates to judicial office, the appointment of judges, the system of their promotion and liability, the social guarantees of judges and other issues relating to courts.
The legal regulation of the organisation and activities of courts, the status of judges and related issues shall be based on the universally recognised principles of law laid down in the Constitution of the Republic of Lithuania, other laws and international agreements to which the Republic of Lithuania is a party - respect for human rights and freedoms, among them - the right of everyone to a judicial remedy, to a fair and public hearing by an independent and impartial tribunal, the principle of separation of powers under which justice in the Republic of Lithuania is administered only by courts, the rule of law, independence of courts and judges, autonomy of courts to organise their functioning, their financial independence from other state government institutions and decisions of the officials, self-regulation and self-governance of courts, other principles of the structure of courts, the status of judges and the judicial proceedings.
Article 1. Administration of Justice
Article 2. Independence of Courts
In the administration of justice, courts shall be independent from other state government institutions, officials, political parties, political and public organisations and other persons.
Article 3. Independence of Judges
1. The guarantees of the independence of judges and the status of judges shall be laid down in the Constitution of the Republic of Lithuania, this Law, other laws and legal acts.
3. When administering justice, judges shall be independent from the parties to the proceedings, the court administration, other judges, state government institutions, officials and other persons. Judges may not be exposed to any political, economic, psychological or social pressure or any other unlawful influence which might affect their decisions.
4. No person shall have the right to demand a judge to account for a judgement rendered in a specific case.
Article 4. Right to Judicial Remedy
1. Nationals of the Republic of Lithuania shall have the right to judicial remedy against encroachment on their rights and freedoms laid down in the Constitution of the Republic of Lithuania and the laws, as well as in the international agreements to which the Republic of Lithuania is a party.
2. Foreign nationals and stateless persons shall enjoy the same rights to judicial remedy as the nationals of the Republic of Lithuania unless the laws and international agreements of the Republic of Lithuania provide otherwise.
Article 5. Right to a Hearing within a Reasonable Time by an Independent and Impartial Court
1. Everyone shall be entitled to a fair hearing by an independent and impartial court established by law.
Article 6. Equality before the Law and the Court
Article 7. Public Hearing
Article 8. Language of Court Proceedings
Article 9. Binding Character of Court Judgements
1. Effective court judgements shall be binding on all state authorities, officials and employees, enterprises, agencies, organisations, other legal and natural persons and must be enforced on the whole territory of the Republic of Lithuania.
2. The procedure for the recognition and enforcement on the territory of the Republic of Lithuania of the judgements of foreign courts, international courts and courts of arbitration shall be established by the laws of the Republic of Lithuania and the international agreements to which the Republic of Lithuania is a party.
Article 10. Self-Governance of Courts
1. Independence of courts determines their organisational autonomy which is realised through judicial self-governance.
2. Self-governance of courts is based on representation, elections, accountability of their executive bodies as well as on the responsibility of the institutions of self-governance of courts for a proper performance of the functions assigned to them.
Article 11. Financial Guarantees and Working Conditions for the Functioning of Courts
1. Independence and autonomy of courts shall be ensured by financial guarantees and adequate working conditions stipulated by this Law.
2. Working conditions and technical equipment in courts must be in line with the advances of science and technology, taking account of the economic potential of the State.
3. It shall be prohibited to worsen the financial, working and technical conditions for the functioning of courts provided by the law. When the economic and financial situation of the country deteriorates considerably, the Seimas may review the working and financial conditions for the functioning of the courts.
Article 12. Court System of the Republic of Lithuania. Establishment of Courts
1. The system of courts and their jurisdiction shall be established by the Constitution of the Republic of Lithuania, this Law and other laws. The courts of the Republic of Lithuania shall be instituted by law.
2. A uniform court system of the Republic of Lithuania shall be made up of the courts of general jurisdiction and courts of special jurisdiction.
3. The Supreme Court of Lithuania, the Court of Appeals of Lithuania, district and regional courts shall be the courts of general jurisdiction dealing with civil and criminal cases. District courts shall also hear cases of administrative offences coming within their jurisdiction by law. When hearing a civil case, a court of general jurisdiction may also hand down a decision on the lawfulness of an individual administrative act.
4. The Supreme Administrative Court of Lithuania and regional administrative courts shall be courts of special jurisdiction hearing disputes arising from administrative legal relations.
5. Other courts of special jurisdiction may be established for hearing labour, family, juvenile, bankruptcy cases as well as cases of other categories.
7. The Supreme Court of Lithuania, the Court of Appeals of Lithuania and the Supreme Administrative Court of Lithuania shall exercise jurisdiction over the whole territory of the Republic of Lithuania. The number of other courts and their territorial jurisdiction shall be established by the law.
8. The number of judges of the Supreme Court of Lithuania shall be determined by the Seimas of the Republic of Lithuania subject to the recommendation of the President of the Republic and on the proposal of the Chief Justice of the Supreme Court of Lithuania.
9. The number of judges of the Supreme Administrative Court of Lithuania shall be determined by the President of the Republic on the proposal of the Chairman of the Supreme Administrative Court.
10. The number of judges at other courts shall be determined by the President of the Republic on the proposal of the Judicial Council.
Article 13. Reorganisation and Abolishment of Courts
Article 14. District Court
1. A district court shall be composed of the Chairman of the court, Vice Chairman/men and other judges. A Vice Chairman may be appointed at a court having at least ten judges. Two Vice Chairmen may be appointed at a district court having more than twenty judges.
Article 15. Jurisdiction of a District Court
1. A district court shall be first instance for:
Article 16. Mortgage Department at a District Court
1. The mortgage department at a district court (hereinafter - the Mortgage Department) shall be established following the procedure set forth in the Law on the Establishment of the Mortgage Register and other laws.
2. The territory over which the Mortgage Department exercises jurisdiction may not coincide with the territory under the of jurisdiction of the district court at which the Mortgage Department has been established. The territory under the jurisdiction of the Mortgage Department shall be determined by the Minister of Justice.
3. The activities of the Mortgage Department shall be regulated by the Law on the Establishment of the Mortgage Register, the Regulations of the Mortgage Register and other legal acts.
Article 17. Functions of the Mortgage Judge
1. A mortgage judge shall hear, following the procedure established by law, cases involving contractual and judgement mortgages, pledge, other rights in rem, registration of legal facts and things in the registers administered by the Mortgage Department, attachment, recovery from the pledged property, distribution of the recovered amounts among the creditors, and exercise other powers conferred on him under law.
Article 18. Regional Court
Article 19. Jurisdiction of a Regional Court
A regional court shall:
3) be appeals instance for cases involving judgements, sentences, rulings, decisions and orders of district courts;
Article 20. The Court of Appeals of Lithuania
1. The Court of Appeals of Lithuania (hereinafter - the Court of Appeals) shall be composed of the Chairman, Chairmen of the divisions and other judges.
3. Judges shall be assigned to the civil division and the criminal division by the Chairman of the Court of Appeals, taking account of the judges' caseload in the divisions.
Article 21. Jurisdiction of the Court of Appeals
The Court of Appeals shall:
1) be appeals instance for cases involving judgements, sentences, rulings, decisions and orders of regional courts;
2) hear requests for the recognition of the judgements of foreign and international courts and arbitration awards and their enforcement in the Republic of Lithuania;
Article 22. The Supreme Court of Lithuania
1. The Supreme Court of Lithuania (hereinafter - the Supreme Court) shall be composed of the Chief Justice of the Supreme Court, chairmen of the divisions and other justices.
3. Justices shall be assigned to the civil division and the criminal division of the Supreme Court by the Chief Justice of the Supreme Court, taking account of the justices' caseload in the divisions.
5. Issues pertaining to the organisation and activities of the Supreme Court shall be established by this Law and the Statute of the Supreme Court approved by law.
Version of Article 23 until the date of accession of the Republic of Lithuania to the European Union.
Article 23. Jurisdiction of the Supreme Court
1. The Supreme Court shall be the only court of cassation for reviewing effective judgements, rulings, decisions and orders of the courts of general jurisdiction.
2. The Supreme Court shall develop a uniform court practice in the interpretation and application of laws and other legal acts. For this purpose the Supreme Court:
1) shall publish the rulings of the plenary sessions as well as the rulings of the chamber of three justices and of the extended chamber of seven justices subject to the approval by the majority of justices of the appropriate division. Interpretation relating to the application of laws and other legal acts in the rulings published in the Supreme Court Bulletin shall be taken into consideration by courts, state authorities and other institutions as well as by other persons when applying these laws and other legislation;
2) shall analyse court practice in the application of laws and other legal acts and provide their interpretation in the form of recommendations;
Version of Article 23 from the date of accession of the Republic of Lithuania to the European Union
Article 23. Jurisdiction of the Supreme Court
1. The Supreme Court shall be the only court of cassation for reviewing effective judgements, rulings, decisions and orders of the courts of general jurisdiction.
2. The Supreme Court shall formulate a uniform practice of courts of general jurisdiction in the interpretation and application of laws and other legal acts. For this purpose the Supreme Court:
1) shall publish the rulings of the plenary sessions as well as the rulings of the chamber of three justices and of the extended chamber of seven justices the publication of which has been approved by the majority of justices of the appropriate division. Interpretation relating to the application of laws and other legal acts in the rulings published in the Supreme Court Bulletin shall be taken into consideration by courts, state authorities and other institutions as well as by other persons when applying these laws and other legal acts;
2) shall analyse court practice in the application of laws and other legal acts and provide their interpretation in the form of recommendations;
3. The Supreme Court, in accordance with the interpretation by the judicial institutions of the European Union, shall analyse and summarise the practice of courts of general jurisdiction, applying the norms of European Union law; it shall also provide recommendations on the co-operation between the courts of general jurisdiction of Lithuania and the judicial institutions of the European Union in ensuring a uniform interpretation and application of European Union law in the Republic of Lithuania.
Article 24. Composition of the Supreme Court Senate
1. The Supreme Court Senate shall be composed of the Chief Justice of the Supreme Court, Chairmen of the civil and criminal divisions and seven justices having the longest record of work at the Supreme Court from each - civil and criminal divisions.
Article 25. Jurisdiction of the Supreme Court Senate
The Supreme Court Senate shall:
1) approve summary reviews of court practice in the application of laws and other legal acts in cases of individual categories and provide their interpretation in the form of recommendations;
2) consider the necessity of publishing the materials in the Supreme Court Bulletin, with the exception of cases provided for in subparagraphs 1 and 2, paragraph 2, Article 23 of this Law;
Article 26. Sessions of the Supreme Court Senate
2. Justices of the Supreme Court who are not members of the Senate shall have the right to take part in the sessions of the Supreme Court Senate with a deliberative vote.
3. Chairman of the Legal Affairs Committee of the Seimas, the Minister of Justice, the Chief Justice of the Supreme Administrative Court of Lithuania, the Prosecutor General, the Chairman of the Council of the Bar and, where necessary, other persons shall be invited to the sessions of the Supreme Court Senate. When the above persons are not able to participate in the Supreme Court Senate sessions, the Deputy Chairman of the Legal Affairs Committee of the Seimas, the Vice Minister of Justice, the Deputy Chairman of the Supreme Administrative Court of Lithuania, the Deputy Prosecutor General and the Vice Chairman of the Council of the Bar may attend the sessions of the Supreme Court Senate.
4. Chairmen, vice chairmen, division chairmen and judges of other courts may attend the sessions of the Supreme Court Senate.
5. The agenda of a session of the Supreme Court Senate shall be circulated, and copies of documents and drafts shall be mailed, at least ten days before the session of the Senate, to the members of the Senate, other justices of the Supreme Court, the Chairmen of the Court of Appeals, the Supreme Administrative Court of Lithuania, regional courts, regional administrative courts and district courts, the Chairman of the Legal Affairs Committee of the Seimas, the Minister of Justice, the Prosecutor General, the Chairman of the Council of the Bar, and, where necessary, to other persons.
6. A session of the Supreme Court shall be presided over by the Chief Justice of the Supreme Court, and when he is not available - by the Chairman of a division of the Supreme Court acting as the Chief Justice.
7. A session of the Supreme Court Senate shall be valid if it is attended by at least two-thirds of the members of the Senate. Decisions of the Senate shall be adopted by ballot. A decision shall be adopted if more than half of all the members of the Senate present voted in favour. If there is a tie, the Chief Justice of the Senate shall have a casting vote.
Article 27. Bulletin of the Supreme Court
version of subparagraph 1, paragraph 1 until the date of accession of the Republic of Lithuania to the European Union
version of subparagraph 1, paragraph 1 from the date of accession of the Republic of Lithuania to the European Union
1) the rulings and recommendations provided for in subparagraph 1, paragraph 2 and paragraph 3, Article 23 of this Law;
2) summary reviews of court practice in the application of laws and other legal acts in cases of separate categories approved by the Senate and interpretations in the form of recommendations;
Article 28. Regional Administrative Court
A regional administrative court shall be composed of the Chairman of the court, the Deputy Chairman/Chairmen and other judges. The Deputy Chairman may be appointed at a court having at least ten judges. Two Deputy Chairmen may be appointed at a regional administrative court having more than twenty judges.
Article 29. Jurisdiction of a Regional Administrative Court
A regional administrative court:
Article 30. The Supreme Administrative Court of Lithuania
1. The Supreme Administrative Court of Lithuania (hereinafter - the Supreme Administrative Court) shall be composed of the Chairman of the court, the Deputy Chairman and other judges.
Article 31. Jurisdiction of the Supreme Administrative Court
1. The Supreme Administrative Court shall be:
2) appeal instance for cases from judgements, decisions, and rulings of regional administrative courts;
2. The Supreme Administrative Court shall formulate a uniform practice of administrative courts in the interpretation and application of laws and other legal acts. For this purpose the Supreme Administrative Court:
1) shall publish a report about judgements, decisions and rulings rendered by the plenary session of the Court, judgements, decisions and rulings rendered by a chamber of three judges or an extended chamber of five judges the publication whereof has been approved by the majority of the Court's judges, as well as all judgements on the lawfulness of regulatory administrative acts. Interpretation relating to the application of laws and other legal acts found in the judgements, decisions and rulings which are published in the bulletin of the Supreme Administrative Court shall be taken into account by courts, state authorities and other institutions as well as by other entities when applying these laws and other legal acts;
2) shall analyse the practice of administrative courts in the application of laws and other legal acts and provide their interpretation in the form of recommendations;
Article 31 shall be supplemented with a new paragraph 3 and the old paragraph 3 shall be paragraph 4 from the date of the accession of the Republic of Lithuania to the European Union
3. The Supreme Administrative Court shall, in accordance with the interpretation of the judicial institutions of the European Union, analyse and summarise the practice of administrative courts, applying the norms of European Union law and provide recommendations for the co-operation between the administrative courts of Lithuania and the judicial institutions of the European Union in ensuring a uniform interpretation and application of the legal acts of the European Union in the Republic of Lithuania.
Article 32. The Bulletin of the Supreme Administrative Court
subparagraph 1 of paragraph 1 until the date of the accession of the Republic of Lithuania to the European Union
subparagraph 1, paragraph 1 from the date of the accession by the Republic of Lithuania to the European Union
1) judgements, decisions, rulings and recommendations referred to in subparagraph 1, paragraph 2 and paragraph 3, Article 31 of this Law;
2) summary reviews of court practice in the application of laws and other legal acts in cases of separate categories and their interpretation in the form of recommendations;
Article 33. Sources of Law in Court Hearings
1. When hearing cases courts shall be guided by the Constitution of the Republic of Lithuania, this Law and other laws, international agreements to which the Republic of Lithuania is a party, resolutions of the Government, other legal acts in force in the Republic of Lithuania which are not in conflict with the laws.
2. When hearing cases courts shall also be guided by the officially reported decisions of the Constitutional Court of the Republic of Lithuania and shall take account of the orders of the Supreme Court published in the bulletin of the this court and the decisions, rulings and orders of the Supreme Administrative Court published in the bulletin of the Supreme Administrative Court.
Article 33 shall be supplemented with paragraph 3 from the date of the accession of the Republic of Lithuania to the European Union
Article 34. Underlying Principles of Court Hearings
1. Court hearings shall be founded on the following principles: equality of the parties, the right to legal assistance, the right to due process, expeditious and least expensive proceedings, the right to be heard, the adversarial procedure, presumption of innocence, impartiality of the court, public hearing, the right to be tried in one’s presence and prohibition of the abuse of process.
2. If the judge is a party to a case where the case is within the jurisdiction of a court where he/she or his/her spouse, children/adopted children, parents/adoptive parents, brothers, sisters/adoptive brothers, sisters as well as the children/adopted children, parents/adoptive parents, brothers, sisters/adoptive brothers, sisters of the spouse are judges at this court (with the exception of the Supreme Court, the Court of Appeals and the Supreme Administrative Court), the Chairman of a superior court shall assign the case for hearing at a different court of the same level. The same rule shall apply where the above relatives of the judge are a party to the case.
3. A mortgage judge where he or his relatives referred to in paragraph 2 of this Article are parties to the case may not hear a case, perform actions related to levying execution against his property or the property of the above persons. If the Mortgage Department has only one mortgage judge the Chairman of a district court shall direct another judge of the same court to perform the above actions.
Article 35. Symbols in the Courtroom and Distinguishing Marks of the Participants of the Hearing
2. During a court hearing the judges shall wear gowns and insignia with the state emblem of Lithuania.
Article 36. Composition of the Court
1. Cases at a district court shall be heard by one judge who has all judicial powers provided for by procedural laws. In cases established by the law a hearing at a district court may take place before a chamber of three judges.
2. Cases at a regional administrative court and a regional court shall be heard by a chamber of three judges, and in cases established by the law - by one judge.
3. Cases at the Supreme Administrative Court shall be heard by a chamber of three judges, an extended chamber of five judges or a plenary session of the Supreme Administrative Court.
5. Cases at the Supreme Court shall be heard by a chamber of three judges, an extended chamber of seven judges or a plenary session of a division of the Supreme Court.
6. Chairmen of district courts, the Court of Appeals and the Chief Justice of the Supreme Court may hear cases in the chamber of any division of the appropriate court, and the Chief Justice of the Supreme Court - also at a plenary session of any division of the Supreme Court.
7. A plenary session of the Supreme Administrative Court shall be presided over by the Chairman of this Court, and during his absence at the plenary session of the Court - by the Vice Chairman. A plenary session of the Court shall be valid where it is attended by at least two-thirds of the judges of the Court. A decision shall be handed down by the majority of votes of the judges present at the plenary session. In the event of a tie - the presiding judge shall have the casting vote.
8. A plenary session of a division of the Supreme Court shall be presided over by the Chief Justice of the Supreme Court and if he is unavailable during a plenary session - by the chairman of the division in which the case is heard on the appointment of the Chief Justice. Where both the Chief Justice of the Supreme Court and the Chairman of the division in which a case is heard are unavailable during a plenary session, the session shall be presided over by one of the judges of the division in which the case is heard on the appointment of the Chief Justice of the Supreme Court. A plenary session of a division of the Supreme Court shall be valid if it is attended by at least two-thirds of the judges of the division. The plenary session of a division of the Supreme Court, when hearing a case which has been re-opened, may, by order of the Chief Justice of the Supreme Court, be attended by the judges of another division. A decision shall be adopted by the majority of votes of the judges attending the plenary session. In the event of a tie - the presiding judge shall have the casting vote.
Article 37. Resolution of Disputes over Jurisdiction
1. Disputes over the jurisdiction of a court of general jurisdiction and an administrative court shall be resolved in a written procedure by a special chamber of judges composed of the Chairman of the Civil Division of the Supreme Court, the Vice Chairman of the Supreme Administrative Court and two judges - one assigned by the Chairman of the Civil Division of the Supreme Court, another by the Vice Chairman of the Supreme Administrative Court.
2. Courts of general jurisdiction shall file reasoned applications or rulings on deciding the issues of jurisdiction with the Supreme Court, and administrative courts - with the Supreme Administrative Court.
3. Sessions of a special chamber of judges shall be presided over by the Chairman of the Civil Division of the Supreme Court. Decisions shall be delivered by consensus or a majority of votes of the members of the chamber. In the event of a tie - the presiding judge shall have the casting vote. A ruling on the jurisdiction of a case shall not be subject to appeal.
Article 38. Recording of the Course of a Court Hearing and Outcome of Cases
1. In cases provided by procedural laws, a record/verbatim record of the course of a court hearing shall be made by the clerk of the hearing.
2. The contents and the structuring of the text of the record shall be established by procedural legislation.
3. For the purposes of recording the course of a court hearing, taking down and examining the testimonies, the hearing may, following the procedure established by procedural laws, be audio- and video-recorded, filmed and photographed, or any other technical equipment may be used. A reference shall be made in the record of the court hearing about the use of technical equipment, and the recordings or any other results of the use of technology shall be attached to the record of the court hearing or kept in the file of the case.
4. Parties to the proceeding, in exercising their procedural rights, may, in accordance with the procedure laid down in procedural legislation make an audio-recording of the court hearing.
5. Other persons shall be prohibited from filming, taking photos, audio- and video recording and using other technologies during a court hearing. A person who violates the prohibition on the use of technical equipment during a court hearing shall be held liable under the law.
Article 39. Publication of Court Decisions
1. After hearing of the case the judgement, sentence, decision or ruling handed down by the court shall be announced publicly, following the procedure laid down by the law.
3. The National Court Administration shall, following the procedure established by the Judicial Council, make public judgements, sentences, decisions and rulings which have been handed down in cases involving a public interest by regional administrative courts, regional courts and the Court of Appeals and which have become effective, as well as the substantive provisions of judgements, sentences, decisions and rulings handed down in camera, with the exception of cases prohibited by the law.
4. Judgements, decisions and rulings of the Supreme Administrative Court established by this Law shall be published in the bulletin of the Supreme Administrative Court and shall be made available on its Internet web site.
5. Decisions and rulings of the Supreme Court established by this Law shall be published in the bulletin of the Supreme Court and shall be made available on the Internet web site.
6. In the cases referred to in paragraphs 2, 3, 4 and 5 of this Article, court judgements, sentences, decisions and rulings shall be made public without violating the requirements for the protection of personal data, state, official, commercial, professional and other secrets protected by the law, and in compliance with the other restrictions and prohibitions provided by the law.
Article 40. Judicial Co-operation in Respect of Legal Assistance
The courts of the Republic of Lithuania which need for court hearings information or legal assistance from another country, shall contact foreign courts and other institutions or international organisations in accordance with the procedure laid down in the laws of the Republic of Lithuania and international agreements to which the Republic of Lithuania is a party.
The Law shall be supplemented with Article 401 from the date of the accession of the Republic of Lithuania to the European Union
Article 401. Referral to Judicial Institutions of the European Union
1. A court which, in the application of the norms of European Union law faces an issue involving the interpretation or validity of legal acts of the European Union that has to be examined before passing a judgement in the case, shall have the right to refer to a competent judicial institution of the European Union with a request to provide a preliminary ruling on the issue.
2. The Supreme Court and the Supreme Administrative Court as well a the court which is last instance in the adjudicated case (where a judgement may no longer be appealed against), must, in the case specified in paragraph 1 of this Article, refer to a competent judicial institution of the European Union for a preliminary ruling on the issue of the interpretation or application of the legal acts of the European Union.
Article 41. Powers of Judges
1. A judge shall be a civil servant having the powers of state authority provided in this Law and other laws.
2. Requirements of a judge relating to the administration of justice shall be mandatory for all the government institutions, officials and employees, enterprises, agencies, organisations, other legal and natural persons. Liability provided by the law shall be incurred for non-compliance with the requirements of a judge.
Article 42. Status Symbols of the Judges
1. When administering justice, judges shall have the following status symbols - a judge's gown and insignia with the state emblem of Lithuania.
2. Following his appointment, a judge shall be issued a certificate of a judge signed by the President of the Republic or the Chairman of the Seimas. The certificate shall be valid for the whole term of the judge's office.
Article 43. Duties of the Judge
1. A judge must abide by the Constitution and other laws of the Republic of Lithuania and meet the requirements set out in of the Rules of Judicial Conduct.
2. Apart from administration of justice, a judge shall also perform other duties assigned by the law to the jurisdiction of the court where he works.
3. A judge must notify in writing the Chairman of the court about the judicial proceedings to which the judge himself is a party. The judge must also notify in writing the Chairman of the court about the judicial proceedings to which the judge's spouse, children/adopted children, parents/adoptive parents, brothers, sisters/adoptive brothers, sisters also the children/adopted children, parents/adoptive parents, brothers, sister/adoptive brother, sisters of his spouse are a party if the case where the judge works falls within the jurisdiction of the court where the judge works.
4. A judge must undergo regular health checks, following the procedure approved by the Judicial Council and endorsed by the Ministers of Health and of the Interior.
Article 44. Rights and Freedoms of the Judge
1. A judge shall enjoy the rights and freedoms of a citizen of the Republic of Lithuania enshrined in the Constitution and laws of the Republic of Lithuania.
3. Judges shall have the right to freely form professional judicial associations and other non-political organisations protecting the rights of judges, representing their interests and meeting their professional needs.
Article 45. Stability of Judicial Powers
1. A judge may be appointed, transferred, dismissed or removed from office only on the grounds and in accordance with the procedure set out in the Constitution of the Republic of Lithuania and this Law.
4. A judge may be appointed to a court of a lower level or of a different jurisdiction only upon his consent, except in the cases where a person’s appointment as a judge of a lower level is applied as a disciplinary measure.
5. When courts are reorganised or liquidated under the law, judges of these courts are transferred to other courts of the same level. Where there is no possibility to do that, judges may be appointed, subject to their consent, to a judicial office of a lower level court. In this case, additional social guarantees set forth in this Law shall be provided to them.
Article 46. Prohibition of Interference with the Judge
1. It shall be prohibited to interfere with a judge in order to exert influence on the course or outcome of a case.
2. Rallies, pickets or any other actions of individuals or their groups, taking place at a distance closer than 75 metres from the court building or inside the court building, if they are intended to influence a judge or the court, shall be regarded as interference with a judge or the court.
Article 47. Immunity of the Judge
1. Liberty of the judge may not be restricted without the consent of the Seimas, and between the sessions of the Seimas - without the consent of the President of the Republic.
2. It shall be prohibited to enter the residential or office premises of the judge, to carry out examination, search or seizure therein or in his personal or official car or any other personal vehicle, to carry out his personal examination or body search, examination or seizure of his personal belongings and documents except in cases provided by the law.
3. If a judge is suspected of or charged with the commission of a criminal act his powers may be suspended by the Seimas, and between the sessions of the Seimas - by the President of the Republic. The powers of the judge shall be suspended until the judgement in a criminal suit becomes effective. If the judge is found not guilty his powers shall be renewed and he shall be paid the salary due to him for the period of suspension of his powers.
4. No administrative action may be taken against the judge. If the judge commits an administrative offence the matter shall be referred to the Commission of Judicial Ethics and Discipline.
5. A judge detained without any personal documents and brought to any law enforcement institution shall be released immediately after his identity has been established.
6. A judge or the court shall not be liable for the damage caused to a party to the proceedings because of an unlawful or unsubstantiated decision. The damage shall be compensated by the State in the cases and in accordance with the procedure prescribed by the law. Pecuniary and non-pecuniary damage caused to an individual by a criminal act of the judge when administering justice and compensated by the State shall be recovered from the judge by recourse.
Article 48. Work and Activity outside the Court
1. A judge may not hold any other elective or appointive posts, work in business or any other private offices or enterprises, the only exception being teaching or creative activities.
2. A judge shall be free to participate in the activities of the institutions of self-governance of courts. During his work at the institutions of self-governance of courts the workload of a judge at the court where he works shall be reduced accordingly.
3. A judge may be a member of committees/groups which are drafting laws, international agreements and other legal acts, if such activities do not interfere with his judicial duties. A judge shall inform the Chairman of the court where he works about such activities. A judge may, in accordance with the procedure prescribed by law, act as a representative of the Republic of Lithuania at international organisations.
4. A judge may not receive any other remuneration except the judge's salary and remuneration for teaching or creative activities.
5. A judge may not participate in the activities of political parties and any other political organisations.
Article 49. Protection of the Judge, Members of His Family and Their Property
1. Physical protection of a judge and members of his family, when there is a imminent threat to their life, health or their property connected with the discharge of judicial duties, shall be guaranteed in accordance with the procedure established by the Government or an institution authorised by it.
Article 50. Other Guarantees of Judicial Independence
1. The State shall guarantee, by financial and organisational technical measures, adequate conditions of work for the judges and the courts.
Article 51. Requirements for an Candidate for Judicial Office at the District Court
1. A judicial vacancy at a district court may be filled by a national of the Republic of Lithuania of high moral character, having a university degree in law, possessing the qualifications required under the law, who has submitted a health certificate, is a person of at least of five years’ standing in the legal profession and has passed the judicial examination. A person having a Doctor’s or Habil. Doctor’s of Social Sciences (Law) degree, also a person of at least five years’ standing as a judge, if not more than five years have lapsed since he last held that position, shall be exempt from sitting for the judicial examination.
Article 52. High Moral Character
1. A person may not be held to be of high moral character and may not be appointed a judge if:
1) by an effective court judgement he has been found guilty of the commission of a criminal offence;
2) he has been dismissed from the position of a judge, a prosecutor, a lawyer, a notary, a bailiff, a police officer or an employee of the system of the interior or from the public service for professional misconduct or misconduct in office and if less than five years have lapsed after the dismissal;
Article 53. Length of Service in the Legal Profession
1. The length of service in the legal profession shall be calculated from the moment when the person acquired a university degree in law as provided in Article 51 of this Law and took up an office specified in the list of legal professions.
2. A list of legal professions shall be approved by the Government or an institution authorised by it.
3. When in doubt about a person's length of service in the legal profession, the length of service necessary for holding the post of a judge shall be determined by the Commission for Recognition of the Length of Service in the Legal Profession.
4. The regulations of the Commission for Recognition of the Length of Service in the Legal Profession shall be approved by the Minister of Justice.
5. In the conclusions of the Commission for Recognition of the Length of Service in the Legal Profession, the length of service in the legal profession of a person shall be indicated.
Article 54. Judicial Examinations Commission
1. The judicial examinations commission composed of seven persons shall be formed for a period of three years by the Judicial Council. At least four members of the commission must be judges. The Chairman of the Judicial Council shall nominate to the examination commission two judges and one academic having a law degree, whereas the largest judicial association and the Minister of Justice shall each nominate one judge and one academic having a law degree. The Judicial Council shall appoint one member from the judicial examinations commission the chairman of the commission.
2. A meeting of the judicial examinations commission shall be valid if at least five members of the commission are present.
3. A decision of the candidates’ for judicial examinations commission about the results of the examination may be appealed against to the Judicial Council within ten days after its announcement. A decision of the Judicial Council shall be final.
Article 55. List of Candidates for Judicial Vacancies at the District Court
1. A person who meets the requirements for judicial office and who has passed the examination shall be entered in the list of candidates for judicial vacancies at a district court. The list as well as the personal files of the candidates for judicial office shall be maintained by the National Courts Administration.
2. The procedure for entering persons in the list of candidates for judicial vacancies at a district court shall be approved by the Judicial Council.
Article 551. Selection of Candidates for Judicial Vacancies and the Selection Commission
1. Selection of the candidates for judicial office shall be made for the President of the Republic by the Selection Commission. The Selection Commission shall be composed of seven persons and shall be formed for a period of three years. The President of the Republic, the Chairman of the Judicial Council and the Chairman of the Seimas shall each appoint two members of the Commission, and one member shall be appointed by the Minister of Justice. The Chairman of the Judicial Council shall appoint the Chairman of the Selection Commission from among the members of the Commission. Members of the Judicial Council may not be appointed members of the Selection Commission.
2. The selection of the candidates for judicial office shall be made pursuant to the selection regulations which shall be subject to the approval by the Judicial Council. When selecting candidates for judicial office at a district court, the skills, professional and personal qualities, general competence and priority advantages of the candidates shall be taken into account. The criteria for the assessment of the candidates for judicial office shall be determined by the Judicial Council.
3. A meeting of the Selection Commission shall be valid if at least five members of the Commission are present at the meeting. Decisions shall be taken by a majority of votes of all the members of the Commission.
4. The Selection Commission shall submit its conclusion about the candidates for judicial office to the President of the Republic
5. By the procedure set out in Article 691 of this Law, the Selection Commission shall also deal with the issues of selection of persons seeking promotion in judicial office, with the exception of cases specified in Articles 73 and 79 of this Law.
Article 56. Appointment of a District Court Judge
1. A judge of a district court shall be appointed by the President of the Republic from the list of candidates to judicial vacancies at a district court.
2. The President of the Republic shall be advised about the appointment of a judge of a district court by the Judicial Council.
3. The President of the Republic, upon receiving the conclusion of the Selection Commission on the candidates for judicial offices, shall submit the names of the specific nominees for consideration by the Judicial Council with a request for its advice.
4. The issue of appointment of the nominees to a judicial vacancy at a district court shall be dealt with during the next meeting of the Judicial Council.
5. After consideration of the appointments to judicial offices, the Judicial Council shall advise the President of the Republic about an individual candidate. The Judicial Council may advise the President about two or more candidates to a judicial vacancy at a district court.
Article 57. Judges' Term of Office
1. A person shall be appointed to a judicial office at a district court for the first time for a term of five years in order to ascertain whether the person qualifies for the office. A person may be appointed to hold a judicial office for a term of five years only once. The appointment of a person to a judicial office at a district court for a term of five years for the second time shall not be regarded as a reappointment if he discharged judicial duties after the first appointment for a term shorter than five years. Upon the expiry of the five year term, such a person may be appointed a judge of a district court, without a prior examination and selection, by the President of the Republic of Lithuania, for a term until he reaches 65 years of age.
2. Judges of other courts shall, from the outset, be appointed for a term until they are 65 years of age.
3. When a judge of the Supreme Court of Lithuania, the Court of Appeals of Lithuania and the Supreme Administrative Court of Lithuania, a regional court and a regional administrative court reaches the age of 65, his term of office may be extended by the institution which appointed him until he reaches the age of 70. In such cases the judge wishing to have an extension of his term of office shall apply to the President of the Republic. The issue in respect of extension of the judge's term of office shall be decided in accordance with the procedure for the appointment of a judge of an appropriate court as laid down in this Law.
4. Before the expiry of the terms of office specified in paragraphs 1, 2 and 3 of this Article, the powers of a judge may be terminated only in cases of dismissal or removal of a judge from office as laid down in the Constitution of the Republic of Lithuania and this Law.
Article 58. Appointment and Replacement of a Mortgage Judge
1. A judge of a district court having the Mortgage Department may be assigned to discharge the functions of a mortgage judge. The judge's competence to discharge the duties of a mortgage judge shall be determined by the Chairman of a district court.
Article 59. The Judge's Oath
1. The person appointed a judge, before assuming his duties, shall, in a solemn ceremony, swear an oath to the President of the Republic of Lithuania or the Seimas who have appointed him. The text of the oath shall be as follows:
"I, judge (name, surname) solemnly swear my allegiance to the Republic of Lithuania, I swear to perform my duties in good faith, to administer justice in accordance with the Constitution and laws of the Republic of Lithuania, to protect human rights, freedoms and lawful interests, to be impartial, honest and humane, to protect the state secrets entrusted to me and always conduct myself as befits the judge.
4. The judge shall sign the text of the oath. The text of the oath shall be kept in the judge's personal file.
5. After the oath, the President of the Republic or the Chairman of the Seimas shall hand to the judge a badge with the state emblem of Lithuania as a symbol of the judicial authority.
Article 60. Eligibility of a Former Justice of the Constitutional Court of the Republic of Lithuania or of the Supreme Court of Lithuania to Be Appointed a Judge
A former Justice of the Constitutional Court or of the Supreme Court of Lithuania may be appointed, without an examination and selection, a judge of the Supreme Court, of the Court of Appeals, of the Supreme Administrative Court, of a regional court, of the regional administrative court or of a district court.
Article 61. Specific Features of the Appointment of a Former Judge to Judicial Office
A former judge of any higher level court, who has resigned from his office, has been elected to another office or, subject to his consent, transferred to another job, may be appointed a judge of the court of the same level or of any lower court without an examination and selection unless five tears have passed from the end of his work in judicial office.
Article 62. Restrictions on the Appointment of a Judge to a Particular Court or a Division of a Court
A judge may not be appointed to work at a court or a court division where his spouse, children/adoptive children, parents/adoptive parents, brothers, sisters/adoptive brothers, sisters work as Chairman, Vice Chairman or Chairman of a division respectively.
SECTION THREE
TRANSFER OF JUDGES TO OTHER COURTS, THEIR APPOINTMENT AS JUDGES OF OTHER COURTS, THEIR PROMOTION
Article 63. Transfer of a Judge to Another Court
1. A judge of a district court, a regional administrative court or a regional court may be transferred to another court of the same level subject to his consent.
2. Consent of a judge shall not be necessary for a temporary transfer of a judge to another court of the same level in order to ensure the functioning of the court (in cases where the judge of this court is unavailable due to ill health, where there is a vacancy at the court or where the judge of this court is not able to carry out his functions for other reasons). Such a transfer of a judge may be for a period not longer than six months and may not occur more frequently than once every three years.
3. In cases provided by this Article, a judge shall be transferred to another court without an examination and selection by decree of the President of the Republic of Lithuania.
Article 64. Appointment of a Judge to Judicial Office of a Lower Court
2. A judge of a regional administrative court or a judge of a regional court may, at his request, be appointed a judge of a district court.
3. A judge of the Supreme Administrative Court or a judge of the Court of Appeals may, at his request, be appointed a judge of a regional court, of a regional administrative court and of a district court.
4. In the case referred to in paragraph 4, Article 45 of this Law, a judge shall be appointed a judge of a lower court subject to his consent.
5. Consent of a judge shall not be needed when he is appointed a judge of a lower court by way of a disciplinary sanction imposed on him.
Article 65. Register of Persons Seeking Promotion in Judicial Office
1. A person seeking judicial office at a court of a higher level shall be included in the register of persons seeking promotion in judicial office.
2. The register of persons seeking promotion in judicial office and the personal files of persons seeking judicial office at a court of a higher level shall be administered by the National Courts Administration.
3. The procedure of including persons in the register of persons seeking promotion in judicial office shall be approved by the Judicial Council.
Article 66. Requirements for a Person Seeking Judicial Office at the Regional Administrative Court or the Regional Court
A judge entered in the register of persons seeking promotion in judicial office, of at least five years standing as a judge of a district court as well as a person having Doctor’s or Habil. Doctor’s of Social Sciences (Law) degree and of at least five years' standing as a university lecturer in law who has submitted a health certificate may be appointed a judge of a regional administrative court or a regional court.
Article 67. Requirements for a Person Seeking Judicial Office at the Supreme Administrative Court or the Court of Appeals
1. A judge entered in the register of persons seeking promotion in judicial office, of at least four years’ standing as a judge of a regional administrative court or a regional court as well as a person having a Doctor’s or Habil. Doctor’s of Social Sciences (Law) degree and of at least ten years' standing as a legal academic, who has submitted a health certificate, may be appointed a judge of the Supreme Administrative Court or the Court of Appeals.
Article 68. Requirements for a Person Seeking Judicial Office at the Supreme Court
A judicial office of the Supreme Court may be filled by:
1) a judge of a regional administrative court, a judge of a regional court of at least eight years’ standing as a judge at any of these courts;
2) a judge of the Supreme Administrative Court and a judge of the Court of Appeals of at least five years’ standing as a judge at any of these courts;
Article 69. Recognition of the Record of Service as a University Lecturer in Law
Teaching at the universities having graduate programmes of BA in law and/or MA in law as well as graduate programmes of professional lawyer qualifications degree, i.e. providing a single level university degree in law, by individuals having a Doctor’s or Habil. Doctor’s of Social Sciences (Law) degree shall be recognised as legal-academic record of work referred to in Articles 66, 67 and 68 of this Law .
Article 691. Selection of Persons Seeking Promotion in Judicial Office
1. Selection of persons seeking promotion in judicial office to be appointed to judicial vacancies shall be held in accordance with the Regulations of Selection of Persons Seeking Promotion in Judicial Office which shall be approved by the Judicial Council. When selecting persons seeking promotion in judicial office, the quality of work in judicial office, professional and personal qualities, organisational abilities and priority advantages of each applicant shall be assessed. The criteria for the assessment of persons seeking promotion in judicial office shall be determined by the Judicial Council.
2. When or Habil. Doctors of Social Sciences (Law) seek judicial office at a regional administrative court, a regional court, the Supreme Administrative Court and the Court of Appeals, only their personal qualities and general abilities shall be assessed.
3. The persons seeking promotion in judicial office shall be selected by the Selection Commission referred to in paragraph 1 of Article 551 of this Law. The requirements set out in paragraphs 3 and 4 of Article 551 of this Law shall be applied during the selection of persons seeking promotion in judicial office.
Article 70. Appointment of a Judge of the Regional Court and the Regional Administrative Court
1. A judge of a regional court and of a regional administrative court shall be appointed by the President of the Republic from among the persons entered in the register of persons seeking promotion in judicial office.
2. The President of the Republic shall be advised by the Judicial Council about the appointment of a judge of a regional court and of a regional administrative court.
Article 71. Appointment of a Judge of the Supreme Administrative Court
1. A judge of the Supreme Administrative Court shall be appointed by the President of the Republic from among the persons entered in the register of persons seeking promotion in judicial office.
2. The President of the Republic shall be advised by the Judicial Council about the appointment of a judge of the Supreme Administrative Court.
Article 72. Appointment of a Judge of the Court of Appeals
1. A judge of the Court of Appeals shall be appointed by the President of the Republic from among the persons entered in the register of persons seeking judicial promotion, upon the approval of the Seimas.
2. The President of the Republic shall be advised about the appointment of a judge of the Court of Appeals by the Judicial Council.
Article 73. Appointment of a Judge of the Supreme Court
1. A judge of the Supreme Court shall be appointed by the Seimas on the recommendation of the President of the Republic.
Article 74. Appointment of the Chairman, Vice Chairman of the District Court, the Regional Court and the Regional Administrative Court, and of the Chairman of the Regional Court and Chairman of a Division of the Regional Court
1. The Chairman, the Vice Chairman and the Chairman of a division of a district court, a regional court and a regional administrative court shall be appointed by the President of the Republic on the advice of the Judicial Council.
2. The Chairman, the Vice Chairman of a regional administrative court and the Chairman and the Chairman of a division of a regional court shall be appointed for a term of five years.
Article 75. Appointment of the Chairman and the Vice Chairman of the Supreme Administrative Court
1. The Chairman and the Vice Chairman of the Supreme Administrative Court shall be appointed by the President of the Republic of Lithuania upon advice of the Judicial Council.
Article 76. The Procedure of Appointment of the Chairman, the Vice Chairman and Chairman of a Division of the District Court, the Regional Administrative Court, the Regional Court and the Supreme Administrative Court
1. The candidates to the vacancies of the Chairman, Vice Chairman and the Chairman of a division of a district court, a regional administrative court, a regional court and the Supreme Administrative Court shall be selected from among the judges of an appropriate court and submitted to the President of the Republic by the Selection Commission referred to in paragraph 1, Article 551 of this Law. The candidates to the above positions shall be selected by the Selection Commission in accordance with the Regulations of Selection of Persons Seeking Promotion in Judicial Office approved by the Judicial Council and the Assessment Criteria for Persons Seeking Promotion in Judicial Office.
2. The candidates to the positions of the Chairman, the Vice Chairman, and the Chairman of a division of a district court, a regional administrative court, a regional court and the Supreme Administrative Court shall be considered by the Judicial Council in accordance with the procedure set forth in paragraphs 3, 4, 5 and 6, Article 56 of this Law.
Article 77. Appointment of the Chairman of the Court of Appeals and the Chairman of a Division of the Court of Appeals
1. The Chairman of the Court of Appeals shall be appointed by the President of the Republic upon the approval of the Seimas.
2. The Chairman of a division of the Court of Appeals shall be appointed by the President of the Republic.
3. The President of the Republic shall be advised about the appointment of the Chairman of the Court of Appeals and of the Chairman of a division of the Court of the Appeals by the Judicial Council .
Article 78. Procedure of Appointment of the Chairman of the Court of Appeals and the Chairman of a Division of the Court of Appeals
1. Candidates to the vacancies of the Chairman of the Court of Appeals and the Chairman of a division of this court shall be selected by the Selection Commission referred to in paragraph 1 of Article 551 of this Law. The candidates to the above positions shall be selected by the Selection Commission in accordance with the Regulations of Selection of Persons Seeking Promotion in Judicial Office approved by the Judicial Council and the Assessment Criteria for Persons Seeking Promotion in Judicial Office.
Article 79. Appointment of the Chairman of the Supreme Court and the Chairman of a Division of the Supreme Court
1. The Chairman of the Supreme Court shall be appointed by the Seimas on the recommendation of the President of the Republic from among the judges appointed to the Court.
2. The Chairman of a division of the Supreme Court shall be appointed by the Seimas on the recommendation of the President of the Republic and advice of the Chairman of the Supreme Court from among the judges appointed to the Court
Article 80. The Status of the Chairman and Vice Chairman of the Court and the Chairman of a Division of the Court
1. The Chairman, the Vice Chairman of a court, and the Chairman of a division of a court shall enjoy the same rights and have the same duties as other judges.
2. Additional procedural rights and duties of the Chairman, the Vice Chairman and the Chairman of a division of the court shall be established by laws.
3. The administrative powers of the Chairman, the Vice Chairman and the Chairman of a division of a court shall be established by laws and other legal acts.
Article 81. Dismissal of the Chairman, the Vice Chairman and the Chairman of a Division of the Court
1. The Chairman, the Vice Chairman and the Chairman of a division of a court shall be dismissed:
1) upon the expiry of his term in the appointed office unless he is re- appointed for another term of office;
2. The Chairman of the Supreme Court shall be dismissed by the Seimas on the recommendation of the President of the Republic.
3. The Chairman of a division of the Supreme Court shall be dismissed by the Seimas on the recommendation of the President of the Republic and advice of the Chairman of the Supreme Court.
4. The Chairman of the Court of Appeals shall be dismissed by the President of the Republic upon to the approval of the Seimas.
5. The Chairman of the Supreme Administrative Court and the Vice Chairman of the Supreme Administrative Court shall be dismissed by the President of the Republic.
6. The Chairman of a division of the Court of Appeals, the Chairman and the Chairman of a division of a regional court, the Chairman and the Vice Chairman of a regional administrative court, the Chairman and the Vice Chairman of a district court shall be removed from office by the President of the Republic.
Article 82. Removal from Office of the Chairman of the Supreme Court, the Chairman of the Court of Appeals and the Chairmen of a Division of the These Courts
1. The Chairman of the Supreme Court or the Chairman of the Court of Appeals may be removed from the position of the Chairman and from judicial office by impeachment for a gross violation of the Constitution or a breach of oath also if it becomes known that he has committed a criminal act.
2. The procedure of removal specified in paragraph 1 of this Article may be also applied to the Chairmen of divisions of the Supreme Court and of the Court of Appeals.
3. When impeachment is initiated by a resolution of the Seimas in respect of the person indicated in paragraphs 1 and 2 of this Article, his powers shall be suspended until a decision is delivered in the impeachment procedure. Where the Seimas does not approve of impeachment the powers of this person shall be renewed and he shall be reimbursed for the period of suspension of his powers.
Article 83. Disciplinary Liability of Judges
2. A disciplinary action may be brought against a judge:
3. An act demeaning the judicial office shall be an act incompatible with the judge's honour and in conflict with the requirements of the Judge's Code of Conduct, discrediting the office of the judge and undermining the authority of the court. Any misconduct in office - negligent performance of any specific duty of a judge or omission to act without a good cause shall also be regarded as an act demeaning the office of a judge.
Article 84. Instituting a Disciplinary Action
1. A disciplinary action may be brought against a judge immediately after at least one of the violations specified in paragraph 2, Article 83 of this Law comes to light but not later than within three months after the day when this violation came to the notice of the Judicial Ethics and Discipline Commission which has the right to institute a disciplinary action. Excluded from this time period shall be the time when the judge was absent from work due to ill health or a vacation.
2. A disciplinary action may not be instituted after a lapse of more than three years from the moment of the commission of the violation.
3. A disciplinary action may be brought against a member of the Judicial Council or the Judicial Court of Honour only upon the consent of the Judicial Council.
4. The Judicial Council and the Chairman of the court where a judge is employed or the Chairman of any court of a higher level shall have the right to make a motion for instituting a disciplinary action. The party having the right to make a motion for instituting a disciplinary action shall submit to the Judicial Ethics and Discipline Commission a reasoned petition for bringing a disciplinary action against the judge.
5. A disciplinary action against the Chairmen, Vice Chairmen of courts, Chairmen of court divisions and other judges may be instituted by the Judicial Ethics and Discipline Commission. If a motion for instituting a disciplinary action is made by a member of the Judicial Ethics and Discipline Commission, the issue of instituting a disciplinary action shall be considered by the Judicial Ethics and Discipline Commission without the participation of this member.
6. The instituted disciplinary action shall be transferred to the Judicial Court of Honour. Refusal to institute a disciplinary action shall be communicated to the party that has made a motion for instituting a disciplinary action.
Article 85. The Judicial Ethics and Discipline Commission
1. The Judicial Ethics and Discipline Commission shall be composed of five members who are appointed for a term of four years by the Judicial Commission. The Chairman of the Supreme Court, the Chairman of the Court of Appeals and the Chairman of the Supreme Administrative Court shall each nominate one candidate, and two candidates shall be nominated by the Judicial Council. The Chairman shall be selected by the Judicial Council from among the members of the Judicial Ethics and Discipline Commission.
2. A meeting of the Judicial Ethics and Discipline Commission shall be valid if it is attended by at least three members.
Article 86. Decisions of the Judicial Court of Honour
1. After the review of a disciplinary action the Judicial Court of Honour may, by its judgement:
2. The Judicial Court of Honour may, by its decision, advise the President of the Republic or the Seimas, following the procedure provided by the law:
3. Where the President of the Republic or the Seimas refuses to apply disciplinary measures provided for in paragraph 2 of this Article, the Judicial Court of Honour shall restart the hearing of a disciplinary action and adopt one of the decisions pursuant to paragraph 1 of this Article.
4. A decision of the Judicial Court of Honour may, within ten days after its adoption, be appealed against to the Supreme Court. Such appeals shall be heard by a chamber of three judges of the Supreme Court. An appeal may be filed by the judge and the party which instituted the disciplinary action.
Article 87. Disciplinary Sanctions Imposed by the Judicial Court of Honour
1. The Judicial Court of Honour may impose one of the following disciplinary sanctions:
Article 88. Effect of a Disciplinary Sanction
A disciplinary sanction imposed by the Judicial Court of Honour shall become effective ten days after it was imposed and shall be in effect for one year.
Article 89. Criminal Liability of the Judge
1. Criminal proceedings may be instituted against the judge, he may be subject to detention or any other restriction of his freedom only by the Seimas, and between the sessions of the Seimas – pursuant to the consent of the President of the Republic, with the exception of cases when the judge is caught in flagrante delicto.
Article 90. Dismissal of the Judge
1. The judge shall be dismissed in the following cases:
4) when the judge has been elected to another post or when he has been transferred to another job subject to his consent;
2) The judge may be dismissed by reason of his health only where during one year he is ill for more than 120 calendar days in succession or for more than 140 calendar days during the last twelve months, or when he falls ill with an incurable or any other prolonged illness preventing him from discharging his duties as a judge.
3. A justice of the Supreme Court shall be dismissed by the Seimas on the recommendation of the President of the Republic and the proposal of the Chairman of the Supreme Court.
4. A justice of the Court of Appeals shall be dismissed by the President of the Republic subject to the approval by the Seimas.
5. A justice of the Supreme Administrative Court shall be dismissed by the President of the Republic.
6. A judge of a regional court, a regional administrative court and a district court shall be dismissed by the President of the Republic.
7. In respect of the dismissal of persons referred to in paragraphs 4, 5 and 6 of this Article the President of the Republic shall be advised by the Judicial Council.
Article 91. Removal of the Judge from Office
1. A justice of the Supreme Court and a justice of the Court of Appeals may be removed from office by the Seimas in impeachment proceedings for a gross violation of the Constitution or a breach of the oath also if it comes to light that the judge committed a criminal act.
2. Upon instituting impeachment proceedings at the Seimas by a resolution of the Seimas, the judge shall be suspended from office until the Seimas delivers a decision in impeachment proceedings. If the Seimas is against impeachment, the judge shall be reinstated in office and shall be paid his salary due to him for the period of his suspension.
Article 92. Types of Training for Judges
2. Initial training shall be intended for persons who have been appointed judges to a district court for the first time, with a view to expanding their knowledge and building professional skills. Initial training for judges shall last at least a month before the judge assumes the duties of his office.
3. Obligatory in-service training involving broadening special professional knowledge and skill building shall be aimed at judges:
2) appointed or transferred from a court of general jurisdiction to a court of special jurisdiction and vice versa also in other cases when the judge's specialisation undergoes a change;
Article 93. Organisation of Training of Judges
1. Training of judges shall be organised, programmes and methodological materials shall be developed by the Judicial Council and the Ministry of Justice.
Article 94. Financing of Training of Judges
1. Training of judges shall be financed by the State. For this purpose, funding under a separate programme shall be provided for the Ministry of Justice for the organisation of training of judges, development and publication of teaching materials and other training-related expenses.
Article 95. Training of Court Staff
Training of the court staff shall be laid down in the Law on Public Service. Under the Law on Public Service, the Ministry of Justice along with the Government or a body authorised by it, shall take part in the development and management of programmes for upgrading of professional qualifications, in organising the upgrading of professional qualifications and training of the court staff.
Article 96. Judges' Salaries
Article 97. Judge's Length of Service
1. The judge's length of service shall be calculated from the day of his appointment to any judicial office.
2. For the purposes of calculating an additional pay for the judge and determining the duration of his annual leave, the length of the judge's service shall also include his work as a justice of the Constitutional Court of the Republic of Lithuania, a prosecutor, a deputy prosecutor, an investigator of the prosecutor's office, an officer of the pre-trial investigation, a state arbitrator, his work in the public service and, for of persons having academic degrees of Doctor of Doctor Habil. of Social Sciences (Law), the academic record of service.
Article 98. Judge's Leave
1. Judges shall be entitled to the annual leave of 28 calendar days. Judges whose length of service in judicial office is more than five years shall be granted an additional calendar day for each subsequent year of service; however, the aggregate duration of the annual leave of the judge may not be longer than 42 calendar days. The period of the annual leave for justices of the Supreme Court shall be determined pursuant to the Statute of the Supreme Court.
2. For the performance of judicial duties specified in the Code of Criminal Procedure, the Code of Civil Procedure and other laws after office hours, on days off and holidays, judges may be compensated by granting to them additional 14 calendar days of a paid annual leave. The procedure of granting this leave shall be established by the Government.
3. The judge may be granted a leave of absence on a motivated excuse. This kind of leave shall be granted following the procedure laid down by law.
4. In exceptional cases the judge may be recalled from his leave. The annual leave that has not been used up shall be granted to the judge at some other time.
5. A leave for the Chairman of the Supreme Court and the Chairman of the Supreme Administrative Court shall be granted by the President of the Republic.
Article 99. State Social Insurance of the Judges
Judges shall be covered by compulsory state social insurance following the procedure established by the Law on State Social Insurance.
Article 100. Judicial Pensions
Pensions for judges shall be provided by the Law on State Social Insurance Pensions, the Law on State Pensions and the Law on State Pensions for Judges
Article 101. Other Social Guarantees for Judges
1. A judge who is dismissed from office for health reasons or upon reaching the pensionable age or when his term in office expires, shall be paid a severance pay in the amount of the average two-month salary. A person who has been dismissed or removed from judicial office through his fault shall not be eligible for a severance pay.
2. The amount of a severance pay to a justice of the Supreme Court and the procedure for its payment shall be set forth in the Statute of the Supreme Court.
3. A judge who has been transferred to a court of a lower level in the case specified in paragraph 5, Article 65 of this Law, shall be paid his previous salary for three months.
4. A judge who has been transferred to another court of the same level under paragraph 2, Article 63 of this Law, shall be compensated the transfer expenses following the procedure prescribed by the Government.
5. A judge who has been appointed to the National Courts Administration shall be eligible for appointment to his previous office or an office equivalent to judicial office without an examination and selection unless five years have lapsed after the end of his service as a judge.
6. Judges shall be provided an opportunity to extend, at state expense, their knowledge necessary for holding judicial office and engage in professional development.
PART IV
ADMINISTRATION IN COURTS AND COURT SELF-GOVERNANCE
CHAPTER XII
ADMINISTRATION IN COURTS
SECTION ONE
POWERS OF CHAIRMEN, VICE CHAIRMEN OF COURTS AND CHAIRMEN OF COURT DIVISIONS IN THE SPHERE OF ADMINSITRATION
Article 102. General Provisions on Administration in Courts
1. Administration in courts shall consist in organisational activities of judicial officers (internal administration of the court) and supervision of the above activities performed by judicial officers provided under this Law (external administration of courts).
Article 103. Internal Administration in a Court
1. The Chairman, the Vice Chairman of a court and the Chairman of a division of a court shall be officers of court administration who shall, in accordance with the procedure prescribed by this Law, other laws and legal acts, direct the organisational work of the court.
2. The Chairman of a court shall assign the judges to the divisions of the court, establish the specialisation of the judges for hearing of cases of appropriate categories, assign them to perform the functions of a mortgage judge, organise training of the judges and the court staff, approve the structure of the court and the list of positions and categories, job descriptions of the court staff and ensure that adequate conditions are provided for the judges and the court staff to perform their functions, recruit and dismiss the court staff in accordance with the Law on Public Service, and take other measures necessary for ensuring a normal functioning of the court.
3. The Chairman of a court shall have personal responsibility for providing adequate conditions for the judges and the court staff and must ensure that the court building and premises are in good condition, that the court has adequate supply of inventory and other organisational and technical facilities.
4. A division of a court is directed by the Chairman of the division who is also responsible for a proper performance of the functions assigned to the division. In addition, the Deputy Chairman of a court and the Chairman of a division shall be responsible for the sphere of organisational work which is assigned to them by the Chairman of the court or which is provided for by this Law and other laws.
5. The Chairman of a court shall organise and supervise administration at the court, control compliance with the requirements of the Code of Judicial Ethics. The Chairman of a court shall review complaints of the persons about the non-procedural actions unrelated to the administration of justice also about the actions of the court staff and shall report to the interested parties the results of the review, make good the established shortcomings in the functioning of the court, and perform other functions of court administration assigned to him.
Article 104. Supervision of Administrative Activities of Courts
1. Supervision of administrative activities shall be performed:
Article 105. Acting in Place of the Chairman of the Court
1. If the Chairman of a regional court, the Court of Appeals or the Supreme Court is unavailable, the Chairman of a division appointed by the Chairman of the court or the Chairman of a division with a longer period of judicial service shall act in his place unless the Chairman of the court has appointed a person to act in his place.
2. If the Chairman of a division is unavailable, a judge of this division appointed by the Chairman of the court, or a judge of this division with the longest period of judicial service in this court shall act in his place unless the Chairman of the court has appointed a person to act in his place.
3. If the Chairman of a regional administrative court or the Supreme Administrative Court is unavailable, the Vice Chairman of the relevant court shall act in place of the Chairman. If Chairman of a regional administrative court where there are two or more Vice Chairmen is unavailable, a Vice Chairman appointed by the Chairman of the court or the Vice Chairman with a longer period of judicial service in this court shall act in his place unless the Chairman of the court has appointed a person to act for him. If the Chairman of a regional administrative court where there is no position of a Vice Chairman, is unavailable, the Chairman of the Supreme Administrative Court shall appoint one of the judges of the court to act in place of the Chairman temporarily.
4. If the Chairman of a district court is unavailable, the Vice Chairman of the court shall act in place of the Chairman. If the Chairman of a district court, where there are two or more Vice Chairmen, is unavailable, the Vice Chairman appointed by the Chairman of the court or the Vice Chairman with a longer period of judicial service in the court shall act in place of the Chairman unless the Chairman of the court has appointed a person to act in his place. If the Chairman of a district court where there is no Vice Chairman is unavailable, one of the judges of a district court appointed by the Chairman of the appropriate regional court shall act in place of the Chairman temporarily.
Article 106. Court Staff
The court staff shall consist of the court employees (public servants) who ensure proper functioning of the court and provide assistance to the judges in the performance of their duties.
Article 107. Structure of the Court
2. Each court shall have the office of the court with the archives, the accounting department (the financier), and the maintenance department (the house administrator) as its constituent parts. A court may have a library, departments of information, codification as well as other structural units.
3. Model positions of the court staff and their categories shall be established in the Law on Public Service.
4. The structure of the court, the list of positions of the staff and their job descriptions shall be approved by the Chairman of the court in accordance with the model court structure, model lists of positions and job descriptions approved by the Judicial Council.
5. The structure of the Supreme Court, the list of the positions of the staff and their job descriptions shall be approved by the Chairman of the Supreme Court in accordance with the Statute of the Supreme Court and other laws.
6. The structure of the Court of Appeals and the Supreme Administrative Court, the list of positions of their staff and their job descriptions shall be approved by the Chairman of the appropriate court in accordance with the laws and other legal acts.
Article 108. Advisers to the Chairman of the Court, Advisers to the Chairman of a Division, Assistants of a Judge and Consultants of the Court
An adviser to the Chairman of the court, an adviser to the Chairman of a division of the court, an assistant of a judge or a consultant of the court shall be employees of the court (career civil servants in public administration) who work in the staff department of the court and advise the Chairman of the court, the Chairman of a division of the court or a judge on the issues relating to the analysis, application and systematisation of laws and other legal acts, assist a judge in preparing the cases for court hearings, prepare drafts of procedural documents and assist him in the performance of his other duties; they also carry out other directions of the Chairman and Vice Chairman of the court, the Chairman of a division of the court or a judge related to their direct functions.
Article 109. The office of the Court
1. The staff of the office of the court shall be responsible for clerical and secretarial work and statistics, it shall perform other functions assigned to it and carry out instructions of the Chairman of the court or the Chairman of a division of the court.
3. The court secretariat shall be part of the office of the court. It shall be composed of the court clerks and secretaries of the court administration.
4. The head of the office of the court shall be responsible for the work of the office of the court. The work of the office of a division at a court having divisions shall be supervised by the Chairman of the division.
5. Clerical regulations of district courts, regional administrative courts, of regional courts, the Supreme Administrative Court, and the Court of Appeals shall be approved by the Judicial Council subject to the approval of the Archives Department of Lithuania under the Government of the Republic of Lithuania.
Article 110. The Court Archives
1. The archivist/head of the court archives shall maintain and be responsible for the court archives. The archives of a district court where there is no head of the archives shall be maintained by an authorised employee of the office of the court.
2. The regulations on the maintenance of court archives, with the exception of the Supreme Court, shall be approved by the Judicial Council with the agreement of the Archives Department of Lithuania under the Government of the Republic of Lithuania. The regulations on the maintenance of the archives of the Supreme Court shall be approved by the Chairman of the Supreme Court with the agreement of the Archives Department of Lithuania under the Government of the Republic of Lithuania.
Article 111. The Court Finance Department
1. The finance department/the financier of a court shall keep accounts and records of supplies, draw up the draft budget of the court for the coming year, prepare financial and other statements relating to the finances and supplies of the court and perform other functions within its competence.
2. The finance department/the financier shall be guided in its/his activities by laws and other legal acts regulating account keeping.
Article 112. The Maintenance Department of the Court
1. The maintenance department of a court shall be responsible for ensuring adequate condition of the building and premises of the court, their improvement, renovation and construction, provision of adequate working conditions for the judges and the court staff, installation of organisational and technical equipment; it shall also be in charge of other technical, economic and maintenance work necessary for a proper functioning of a court.
Article 113. The Concept of Self-Governance of Courts
Self-governance of courts shall be, in accordance with the Constitution of the Republic of Lithuania and other laws, the right and real power exercised by the judges and courts in deciding freely and independently, on their own responsibility, the issues pertaining to the activities of courts.
Article 114. The System of Self-Governance of Courts
1. The system of self-governance of courts shall be made up of:
3. The National Courts Administration shall assist the institutions of self-governance of courts in the performance of their functions.
Article 115. Voluntary Associations of the Judiciary
The judges may freely form and join into associations of the judiciary or any other non-political organisations representing the interests of the judiciary.
Article 116. General Meeting of Judges
Article 117. Competence of the General Meeting of Judges
1. The General Meeting of Judges shall:
3) elect and recall members of the Judicial Council who are members of the Judicial Council not by virtue of their office;
Article 118. Preparation, Agenda of and Decision Making by General Meeting of Judges
1. An ordinary session of the General Meeting of Judges shall be held, as a rule, on the first Friday of March at least once every two years.
2. When necessary, an extraordinary session of the General Meeting of Judges may be convened at the initiative of the Judicial Council or of one-third of all the judges of Lithuania.
3. A draft agenda of the General Meeting of Judges shall be mailed to the judges and the date of the extraordinary session of the General Meeting of Judges shall be communicated to the judges not later than one month before the session. Motions concerning amendments of the agenda of the General Meeting may be also put forward during the General Meeting of Judges.
4. The General Meeting of Judges shall be valid when more than one half of all judges of Lithuania take part in it.
5. The General Meeting of Judges shall be opened by the Chairman of the Judicial Council. He then shall hand over the powers of presiding at the meeting to the Chairman of the session elected by the Meeting.
6. Decisions of the General Meeting of Judges shall be adopted by a simple majority of the judges present. Under the resolution of the Meeting, decisions may be adopted by secret ballot. The decisions of the General Meeting of Judges shall be signed by the Chairman and Secretary of the session.
Article 119. The Judicial Council and its Composition
1. The Judicial Council shall be an executive body of self-governance of courts ensuring independence of courts and judges.
2. The Judicial Council shall be composed of 24 members:
1) by virtue of their office - the Chairman of the Supreme Court, the Chairman of the Court of Appeals, the Chairman of the Supreme Administrative Court, an authorised representative of the President of the Republic, an authorised representative of the Seimas, the Chairman or Vice Chairman of the Legal Affairs Committee of the Seimas, the Chairman or Vice Chairman of the Committee of Budget and Finances of the Seimas, the Minister of Justice or the Vice Minister authorised by him, the Minister of Finance or the Vice Minister of Finance authorised by him;
2) judges elected by the General Meeting of Judges: one from the Supreme Court, one from the Court of Appeals, one from the Supreme Administrative Court, one from each of the five regional courts, one from each district court within the territory of each regional court, and one from all regional administrative courts. The candidates shall be nominated by the representatives of the relevant courts during the General Meeting of Judges.
3. A judge whose period of service in judicial office is less than five years or in respect of whom measures of disciplinary liability have been applied may not be elected a member of the Judicial Council.
4. The term of office for an elected member of the Judicial Council shall be four years. A judge may be elected a member of the Judicial Council for not more than two terms.
Article 120. Competence of the Judicial Council
The Judicial Council shall:
3) advise the President of the Republic about the appointment of judges, their promotion, transfer and removal from office;
4) advise the President of the Republic about the appointment and removal from office of Chairmen, Vice Chairmen, Chairman of divisions of courts, with the exception of cases specified in Article 79 and Article 81, paragraphs 2 and 3;
5) advise the President of the Republic in respect of determining or changing of the number of judges in courts, with the exception of cases specified in paragraphs 8 and 9, Article 12 of this Law;
6) form the judicial examination commission and appoint its Chairman, discuss the regulations of the commission, the programme of the examination and shall approve them;
7) approve the procedure of entering the candidates in the list of judicial vacancies at a district court and the procedure of entering the candidates in the register of persons seeking promotion in judicial office;
12) approve the Regulations of Administration in Courts and resolve other issues of administration in courts;
13) approve the Regulations of the Selection of Candidates for Judicial Appointments, the Assessment Criteria for Candidates for Judicial Office, the Regulations of Selection of the Persons Seeking Promotion in Judicial Office and the Assessment Criteria for Persons Seeking Promotion in Judicial Office
14) approve model structures of district, regional and regional administrative courts, model lists of positions and job descriptions;
15) consider and approve proposals for draft investment programmes for courts and proposals for the budgets of district, regional and regional administrative courts and submit them to the Government;
17) co-operate with other institutions and organisations of Lithuania on the issues of self-governance of courts, administration and other issues relevant for the activities of courts;
18) co-operate with institutions of other countries and international bodies on the issues of self-governance of courts, administration and other issues relevant for the activities of courts;
Article 121. Meetings of the Judicial Council
1. A meeting of the Judicial Council shall be the main form of the activity of the Council. The meetings of the Council shall be usually held in the building of the Supreme Court.
2. Meetings of the Judicial Council shall be convened, as a rule, once a month. When necessary, meetings may be convened on the initiative of the Chairman of the Council or of one-third of the members of the Council.
3. The materials relating to the issues to be considered during the Council meetings shall be circulated to all the members of the Council at least three days before the meeting of the Judicial Council.
4. Decisions of the Judicial Council shall be adopted by open ballot. The Council may, on its own motion, adopt decisions by secret ballot.
5. A decision of the Judicial Council shall be adopted upon getting the approval of more than one half of all the members of the Judicial Council.
6. The decisions of the Judicial Council shall be signed by the Chairman and the Secretary of the Council.
Article 122. Judicial Court of Honour
1. The Judicial Court of Honour shall be an institution of self-governance of courts, hearing disciplinary cases of judges and petitions of judges against libel.
2. The Judicial Court of Honour shall be formed for a term of four years and shall consist of seven members. Disciplinary cases shall be heard by a chamber of three judges. The Judicial Council shall appoint to the Judicial Court of Honour one member from the Supreme Court, two members from the Court of Appeals, one member from the Supreme Administrative Court, two members from regional courts and one member from district courts. At least two candidates shall be nominated to a vacancy of a member of the Judicial Court of Honour. A member of the Judicial Council or a judge in respect of whom disciplinary liability measures have been applied may not be appointed a member of the Judicial Court of Honour. Members of the Judicial Court of Honour shall elect the Chairman and Vice Chairman of the Judicial Court of Honour.
Article 123. Sessions of the Judicial Court of Honour
The Judicial Court of Honour shall hear disciplinary cases of judges and petitions of judges against libel in accordance with the provisions of this Law and the Statute of the Judicial Court of Honour. The Statute of the Judicial Court of Honour shall be approved by the Judicial Council.
Article 124. National Courts Administration
1. The National Courts Administration shall be an institution funded from the budget, providing services to the institutions of self-governance of courts. The National Courts Administration shall be instituted by a separate law.
2. The National Courts Administration shall be a legal entity, having a seal with the state emblem of Lithuania and its own bank account.
3. The activities of the National Courts Administration shall be regulated by this Law, other laws and the Statute of the National Courts Administration.
Article 125. Competence of the National Courts Administration
1. The National Courts Administration shall:
1) prepare the materials for the General Meeting of Judges and the meetings of the Judicial Council, undertake to conduct, upon their direction, studies, analysis, surveys, draw up draft decisions, resolutions and other acts;
3) gather information about the enforcement of the decisions and resolutions of the General Meeting of Judges, the Judicial Council and the Judicial Court of Honour and submit it to the Judicial Council or, on its direction, to the General Meeting of Judges;
4) analyse the activities of courts, with the exception of administration of justice, make proposals about the conditions of work in courts;
5) organise and ensure a centralised system of supply to the courts of necessary inventory and services;
6) draft a consolidated report about the implementation of the estimates of budgetary expenditure of the National Courts Administration, district courts, regional courts and regional administrative courts;
7) gather, analyse and give a general overview of statistics of the courts and submit it to the Judicial Council, the courts and the Ministry of Justice;
9) review applications, petitions and proposals falling within the competence of the National Courts Administration and take measures to solve the problems raised in them;
Article 126. Financing of the Court System
Courts shall be funded from the State budget. Each court shall have its own expenditure estimate. In cases provided by laws, the court system may be funded from other financial sources of the State.
Article 127. Drawing up and Consideration of the Budget
2. Appropriation managers - the courts shall submit their proposals for their draft budgets to the Judicial Council for consideration. The Judicial Council, after approval of the proposals for the submitted draft budgets, shall put them before the Government.
Article 128. Working and Technical Conditions in Courts
1. Working and technical conditions in courts shall be organised and ensured, in accordance with the approved expenditure estimates, by the Chairmen of the courts. The National Courts Administration shall organise and ensure a centralised way of providing the courts and the National Courts Administration with requisite supplies and services.
2. Draft state investment programmes shall be approved by the Judicial Council, and the state investment programmes shall be managed by the Ministry of Justice.
3. The courts shall independently undertake provision of information and organisational services necessary for their functioning.
4. Buildings and other property used by the courts and the National Courts Administration shall be owned by the state. The courts and the National Courts Administration shall manage, use and hold this property on trust. The property transferred to the courts and the National Courts Administration may not be taken without a prior consent of the Judicial Council.
Article 129. Auditing of Economic and Financial Activities of Courts
Economic and financial activities of courts may be audited, following the procedure established by laws, by the State Control and other state institutions within the limits of their competence.
Article 130. Ensuring Peace and Order in Courts. Security of Courts
2. The number of the police officers appointed to ensure security of courts shall be established by the General Commissar of the Police taking into account the proposals of the Judicial Council.
3. The police which ensures security of courts shall be financed from the state budget allocations for the police.