The provisions of the Seimas Statute related to the Seimas powers either to give or not give its assent to institutions’ annual reports are unconstitutional, the provisions of the Law on the Prosecution Service are in compliance with the Constitution
By its ruling adopted today, the Constitutional Court recognised that the provisions of the Statute of the Seimas were in conflict with the Constitution insofar as such provisions granted the powers to the Seimas to adopt a resolution on either giving its assent or not giving its assent to an annual report submitted by the head of an institution about its activities, who is either appointed by the Seimas or whose appointment requires the assent of the Seimas. Therefore, Article 1 of the Seimas resolution of 1 October 2013 whereby the Seimas did not give its assent to the 2012 annual report of the activities of the Prosecution Service was also ruled to be in conflict with the Constitution. By this ruling, the Constitutional Court recognised that the provision of the Law on the Prosecution Service by which the Prosecutor General gives an account of the activities of the Prosecution Service to the Seimas by submitting an annual report of the activities of the Prosecution Service and the provision of the same law that the Seimas may propose that the Prosecutor General should be released from duties are not in conflict with the Constitution.
While assessing the constitutionality of the provisions of the Statute of the Seimas, the Constitutional Court noted that the Seimas—the representation of the Nation—must have exhaustive and objective information about the processes taking place in the state and society, about the situation in various spheres of life of the state and society and about emerging problems; having such information is a necessary precondition for an effective activity of the Seimas in the interests of the Nation and the State of Lithuania and for proper fulfilment of its constitutional obligation. The Constitutional Court also noted that, in a democratic state under the rule of law, officials and institutions must follow law in their activities; in case state officials perform their duties according to the Constitution and law, and when they act in the interests of the Nation and the State of Lithuania, they must be protected from any pressure and unreasonable interference in their activity and, when fairly exercising their duties, they must not receive any threat against their person, their rights or their freedoms.