Public debate over the legitimacy of Sinkevičius Government began after Egidijus Kūris, a professor of law at Vilnius University, told the news portal 15min that the prime minister had submitted the draft government programme before the cabinet of ministers had been approved.
The draft government programme was registered with the Seimas on 3 July, whilst President Gitanas Nausėda signed the decree confirming the composition of the 21st Government on 6 July.
Article 92 of the Constitution stipulates that, no later than 15 days after his appointment, the prime minister must present to the Seimas the Government he has formed and which has been approved by the president, and submit its programme for consideration. The president appointed Sinkevičius on 30 June.
Susiję straipsniai
As the new ministers made the rounds of the opposition parliamentary groups, they faced numerous questions as to whether they had contributed at all to the drafting of the government's programme. Some of them received offers to become ministers just a few days before the presidential exam or, in the case of the minister for the environment, on the eve of it.
As provided for in the constitution, a petition to the constitutional court may be submitted by at least one-fifth of the members of the Seimas – at least 29 MPs.
The Conservatives, who were collecting signatures on Monday, confirmed that they would appeal to the constitutional court. The Social Democrats were also prepared for this – shortly afterwards, they began collecting signatures themselves and will do the same.
The Social Democrats maintain that in 2020, when Šimonytė’s Government took office, the situation was similar: first came the draft government programme, followed by the presidential decree.
Representatives of the Seimas Chancellery told Lrytas that Šimonytė’s Government programme and the presidential decree were both registered on the same day, 7 December 2020. However, the draft programme was registered earlier. It appeared in the Legal Acts Information System at 13.42, whilst the presidential decree was registered in the Register of Legal Acts at 15.31.
What does the appeal say?
According to the Social Democrats, who are appealing to the constitutional court, they are requesting an investigation into whether the Seimas resolution adopted in mid-December 2020, which endorsed Šimonytė’s Government programme, is in accordance with the Constitution in terms of the procedure for its adoption.
‘The Constitution cannot be interpreted according to political expediency – one way when the Conservatives form the government, and another when their political opponents form it. If the timing of the registration of the draft programme raises constitutional concerns regarding the 21st government, the constitutional court must also assess the analogous situation from 2020. We hope that both situations will be assessed consistently and in accordance with the same constitutional standard,“ said Orinta Leiputė, leader of the LSDP parliamentary group in the Seimas.
„This means that the procedure for the Seimas to adopt a resolution on a specific government programme was initiated 1 hour and 49 minutes before the legal act officially confirming the composition of that government came into force. Although the programme was presented to the Seimas the following day, when the presidential decree was already in force, the same draft that had been registered before the decree entered into force was subsequently debated and adopted. No new draft was registered following the official publication and entry into force of the presidential decree,“ the statement reads.
The LSDP requests clarification as to whether the procedure for adopting a Seimas resolution on a specific government programme may be initiated before the presidential decree on the composition of that government has entered into force. It also requests an assessment of whether the Seimas resolution complies with the provisions of the constitution governing the entry into force of legislation, the procedures for its adoption and the granting of powers to the Government, as well as with the constitutional principles of the rule of law and responsible governance.
The LSDP plans to collect the necessary signatures from Seimas members in the near future.