The Case Paksas v. Lithuania or an Attempt to Overcome a Ruling of the Constitutional Court (article in Lithuanian)

Vytautas Sinkevičius

Abstract


On 6 April 2004, the Seimas removed R. Paksas from the office of the President of the Republic under procedure for impeachment proceedings for gross violation of the Constitution. In its ruling of 25 May 2004, the Constitutional Court held that “the removal of the President of the Republic from office, as well as of any other person indicated in Article 74 of the Constitution, who has breached the oath and grossly violated the Constitution, according to the procedure for impeachment proceedings, is not an end in itself” and that “the purpose of the constitutional institute of impeachment is <…> much broader: its purpose is to prevent the persons who have grossly violated the Constitution and breached the oath from holding the office provided for in the Constitution, the beginning of which, according to the Constitution, is linked with taking the oath specified in the Constitution”.

Keywords


the Constitution; the Constitutional Court; the constitutional doctrine; the relation between the Constitution and the Convention for the Protection of Human Rights and Fundamental Freedoms

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236