Generalinio prokuroro skyrimo ir atleidimo tvarka: retrospektyva ir perspektyva

Abstract

The Constitution adopted on 25 October 1992 did not outline the processes for appointing and relieving the prosecutor general from duty. Between that year and 2003, the Seimas changed these procedures on more than one occasion. On 30 March 2003, the Seimas amended Article 118 of the Constitution and Item 11 of Article 84, stipulating that the prosecutor general was to be appointed and relieved from duty by the president of the Republic upon the assent of the Seimas. On 15 October 2015, the Draft Law Amending the Law on Prosecution Services was registered in the Seimas, stipulating that “the president of the Republic shall appoint and relieve the prosecutor general from duty upon submission by the Government and upon the assent of the Seimas. Candidatures for the prosecutor general shall be submitted to the Government of the Republic of Lithuania by the president of the Supreme Court of the Republic of Lithuania and by the minister of justice”. This draft law is in conflict with the Constitution.