OSCE/ODIHR Opinion on the Law of the Republic of Lithuania on the Seimas Ombudsmen those on a state level and those on a municipal level. This Ombudsman should have one or more deputies, and a body of Ombudsman staff, including senior management to deal with administrative issues and logistics. In cases where the deputy or deputies are not available, the Ombudsman or one of the deputies shall appoint a temporary replacement from the staff body. 71. According to Article 25 par 3, the “Board of the Seimas” shall approve the maximum number of positions of civil servants/employees working for the office. The nature of this Board is not clear. Possibly, this is due to a translation error, but generally, the Law should explicitly state who decides on the number of Ombudsman staff and whether this number may be augmented from one year to the next to meet the needs of the Ombudsmen Office. Furthermore, Article 25 should specify who or which body proposes the number of employees. In order to maintain and strengthen the Office’s independence, this should be the prerogative of the Ombudsman in charge of the Office, rather than the Seimas. 72. Along with the maximum number of staff positions, the remuneration of staff is also essential to ensuring the proper and independent work of an Ombuds Office. According to Article 29, the amount of remuneration and conditions of payment to the Ombudsmen shall be established by the Law on the Remuneration of State Politicians and State Officials. It is essential that this remuneration is sufficiently high to ensure the Ombudsmen’s independence and impartiality, e.g. at the same level as the salary of the President of the Constitutional Court. Aside from ensuring the office’s independence, this is also relevant for the public perception of the office and its importance with regard to other institutions. This principle should be stated clearly in the Law. 73. Staff working for the Ombudsmen Office should also receive adequate competitive remuneration and have a distinct legal status. The Ombudsmen Office should further be permitted to hire external experts, as necessary. 7. The Law-Drafting Process 74. It is welcomed that so far, the competent lawmakers in Lithuania have involved OSCE/ODIHR and other international organizations in the development of this Law. Next to the above recommendations related to the contents of the Law, it is advised to conduct further discussions on the Law within Lithuania that would involve civil society and all relevant stakeholders, to ensure an open and transparent process in completing the new Law on the Ombudsman. 75. Along with a general impact assessment, it is also recommended to conduct a gender impact assessment. The general impact assessment should also involve measuring the Law’s possible impact on vulnerable groups of society. [END OF TEXT] 19

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