Lietuvos valstybės vadovo institutas 1990–1992 m.

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Collection:
Mokslo publikacijos / Scientific publications
Document Type:
Straipsnis / Article
Language:
Lietuvių kalba / Lithuanian
Title:
Lietuvos valstybės vadovo institutas 1990–1992 m
Alternative Title:
Head of the state of the Republic of Lithuania in 1990–1992
Authors:
Sinkevičius, Vytautas
In the Journal:
Teisė. 2014, t. 92, p. 148-155
Summary / Abstract:

ENA draft Law "On the Legal Status of the Chairman of the Supreme Council-Reconstituent Seimas" has been registered at the Seimas, in which it is stated that the Chairman of the 1990–1992 Supreme Council-Reconstituent Seimas was the Head of State. The members of the Seimas are somewhat ambivalent about the draft law: some of them assert that such a law is necessary, whereas some others maintain that this law is in conflict with the Constitution and the Constitutional Court’s ruling of 19 June 2002. According to the Provisional Basic Law (Provisional Constitution), the Chairman of the 1990–1992 Supreme Council of the Republic of Lithuania was the highest official of the Republic of Lithuania with the powers to represent the Republic of Lithuania in international relations, to sign laws of the Republic of Lithuania and other acts passed by the Supreme Council, hold talks and sign international treaties of Lithuania, and submit them for ratification to the Supreme Council. He also had the powers to recommend candidates for the appointment or election to the posts of the Prime Minister of the Republic of Lithuania, the President of the Supreme Court of Lithuania, chairmen of divisions of this court, the Prosecutor General of the Republic of Lithuania, etc. The Provisional Basic Law (Provisional Constitution) does not contain the words "the Chairman of the Supreme Council of the Republic of Lithuania shall be Head of State", however, it does not mean that the independent State of Lithuania restored on 11 March 1990, purportedly, did not have any institution of its Head of State, and that the Chairman of the Supreme Council of the Republic of Lithuania, purportedly, was not Head of State.The fact that the Chairman of the Supreme Council was Head of State is confirmed by the provision "[t]he Chairman of the Supreme Council of the Republic of Lithuania shall be the highest official of the Republic of Lithuania" of the Provisional Basic Law and by the powers provided for the Chairman of the Supreme Council. The compliance of the provisions of the draft Law "On the Legal Status of the Chairman of the Supreme Council-Reconstituent Seimas" with the Constitution of 1992 that is valid at present cannot be questioned on the grounds that, purportedly, this draft law is not in line with both the Provisional Basic Law of 1990 and such a concept of its provisions that were presented by the Constitutional Court in its ruling of 19 June 2002. This draft law should only be viewed through the prism of the Constitution of 1992 that is valid at present. [From the publication]

ISSN:
1392-1274; 2424-6050
Subject:
Teisė / Law
Related Publications:
Aukščiausiosios tarybos - atkuriamojo seimo pirmininko konstitucinis statusas : genezė ir konstituciniai parametrai / Juozas Žilys. Regnum est : 1990 m. Kovo 11-osios Nepriklausomybės aktui - 20 : Liber Amicorum Vytautui Landsbergiui / atsakingasis redaktorius Gediminas Mesonis. Vilnius: Mykolo Romerio universiteto Leidybos centras, 2010. P. 117-180.
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https://www.lituanistika.lt/content/57254
Updated:
2018-12-17 13:51:39
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