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.
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