Delimitation of the powers of the Seimas and the Government : some aspects of Constitutional doctrine

Abstract

The question remains, whether the provision of the Law on the Diplomatic Service whereby the candidacy of a diplomatic representative must be reviewed by the Seimas Committee on Foreign Affairs in advance is not in conflict with the Constitution. In the opinion of the author, this provision of the law may also be interpreted as meaning that as long as this has not been done, the Government may not submit a candidacy for a diplomatic representative to the President of the Republic, and the President of the Republic may not appoint this person as a diplomatic representative. Thus, the actions of the Government, as well as those of the President, would be constrained depending on whether the Seimas Committee on Foreign Affairs has reviewed the candidacy of the diplomatic representative in advance. Since, under the Constitution, the President of the Republic is to appoint and dismiss diplomatic representatives of the Republic of Lithuania upon submission by the Government, it is assumed that the said provision of the Law on the Diplomatic Service permits an institution which is not provided for in the Constitution - the Seimas Committee on Foreign Affairs - to interfere with the powers of the Government and the President of the Republic when appointing diplomatic representatives. This is not in line with the Constitution.