Liability of the president in lithuania. The case of president rolandas paksas

• Author: Mihaela Simion
• Position: University, AlbaIulia - Romania
• Pages: 206-210

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2013), pp. 206-210

206

LIABILITY OF THE PRESIDENT IN LITHUANIA.

THE CASE OF PRESIDENT ROLANDAS PAKSAS

M. Simion

Mihaela Simion

Faculty of Law and Social Sciences, the Law and Administrative Sciences Departament

“1 December 1918" University, AlbaIulia, Romania

*Correspondence: Mihaela Simion, “1 December 1918" University, 5 Gabriel Bethlen St.,

Alba Iulia, Romania

E-mail: mihaelamacavei@yahoo.com

Abstract

The purpose of this paper is to analyse the legal framework of liability of the president

in Lithuania. The particular interest for this model is due to the fact that Lithuania was the

first and only (until this year) European Union member country where the procedure of

impeachment of the President was finished by his dismissal. More specifically, in 2004,

Rolandas Paksas became the first European president who was dismissed as a result of

triggering the constitutional impeachment proceedings.

In the present context, when the liability of the Heads of State is increasingly

questioned, the Lithuanian case is worth being evoked and known, because it represents a

benchmark for all those who are preoccupied, theoretically or practically, by this matter.

Keywords: president, immunity, liability, impeachment, dismissal.

Introduction

Following the declaration of independence from the Soviet Union, Lithuania

adopted a constitution in 1992, which set up an attenuated semi-presidential regime.

According to Article 78 of the fundamental law, the head of the Lithuanian state is the

president, elected by universal, equal and direct suffrage, for a five-year term. In order to

fulfil his duties, which are quite numerous and regulated by Article 84, the President issues

decrees, among these only that of appointing and recalling the diplomatic representatives,

conferring the highest military ranks, declaration the state of emergency state and granting

the Lithuanian citizenship. All these decrees shall be countersigned by the First Minister and

by the appropriate Minister.

I. The immunity of the Lithuanian President

During his office, the president enjoys immunity, Article 86 stipulating that his

person is inviolable: he cannot be arrested and he shall not be held criminally or

administratively liable.

The protection of the presidential office requires equally the avoidance of the impunity

of the President himself, while his acts or conducts, fulfilled or shown throughout his tenure,

appear clearly incompatible with the normal exercise and dignity of his office. The President

shall not be prevented in any way to perform his office, instead the person holding the office

must be submitted for dismissal if he does not perform his duties or if he performs it

inappropriately. Thus, assuming that a President exercises the powers of his function for

purposes or limits other than those established by the Constitution, the enjoyed immunity may

be rebutted by training its liability according to procedures defined by the Constitution

1

.

1

P. Ségur, La responsabilité politique. Que sais-je?, PUF, Par is, 1998, p. 17.