Kas gali būti renkamas Seimo nariu: kai kurių reikalavimų sampratos probleminiai aspektai
Lietuvos Respublikos Konstitucinis Teismas |
Date |
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2008 |
The article deals with the requirements which must be met by a person so that he could stand for election as a Member of the Seimas. Under Paragraph 1 of Article 56 of the Constitution, any citizen of the Republic of Lithuania who is not bound by an oath or pledge to a foreign state, and who, on the election day, is not younger than 25 years of age and permanently resides in Lithuania, may be elected a Member of the Seimas; under Paragraph 2 of this article, persons who have not fulfilled punishment imposed by a court judgement as well as persons recognised incapable by court may not he elected Members of the Seimas. While revealing what requirements to a person who can stand for election as a Member of the Seimas are established in the Constitution, it is not sufficient to limit oneself only by an analysis of Article 56 of the Constitution. Corresponding constitutional prohibitions for eligibility to be elected a Member of the Seimas also stem from the provisions of Articles 74,113 and 141 of the Constitution.The requirements which are entrenched in the Constitution to a person who can stand for election as a Member of the Seimas are reflected in one or another way also in the Law on Elections to theSeimas (Paragraphs 1-5 of Article 1). If we compare the provisions of the Constitution and of the Law on Elections to the Seimas, we shall notice that that the requirements which are established in the Constitution and which must be met by the person that he could stand for election as a Member of the Seimas, not always have the same textual expression in the Law on the Election to the Seimas as they have in the Constitution.[...].