OSCE/ODIHR Opinion on the Law of the Republic of Lithuania on the Seimas
Ombudsmen
1. Clarify par 1 (4) on the termination of the Ombudsmen’s powers
due to extended temporary incapacity; [par 40]
2. Specify that the end of the mandate of an Ombudsman shall always
be decided by a qualified majority vote in the Seimas; [pars 41 and
43]
3. Stress that also a no-confidence vote against an Ombudsman under
par 1 (6) needs to be supported by a qualified majority in the
Seimas and that in such a case, the Ombudsman shall have the right
to defend himself/herself; [par 42]
4. In cases where an Ombudsman resigns, dies, is declared
permanently incapacitated, is convicted of a crime, or is removed
by a no-confidence vote, the other Ombudsman shall replace him
or, in case the structure of the Ombuds Office is changed, a
designated deputy; [par 44]
5. In order to ensure a smooth transition from one Ombudsman to the
next, the Law should include a provision obliging the Seimas to
initiate the recruitment process for a new Ombudsman six months
before the expiry of the incumbent Ombudsman’s term of office;
[par 45]
K. to include the participation in and membership of a political party in Article
10 as an activity incompatible with the duties of an Ombudsman; [par 46]
L. to enhance Article 11 by obliging the Seimas to hold a special session to
discuss the Ombudsmen’s annual report, ideally within a month of receiving
it; [par 47]
M. to amend Article 12 as follows:
1. Widen the Ombudsmen’s investigatory powers under par 2 so that
the Ombudsmen may review all cases of potential human rights
abuses against all public institutions, including, to a degree, the
judiciary; [par 48]
2. Specify that while the Ombudsmen should not deal with private
labour relations (par 4), labour relations between the State and civil
servants should fall within their mandate; [par 49]
N. to make the following changes to Article 13:
1. Remove ex officio investigations from this provision and regulate
them in a separate article; [par 50]
2. Delete par 2 on the referral of cases by members of the Seimas;
[par 51]
O. to specify in Article 15 that the one-year deadline for filing complaints shall
not apply to ongoing human rights violations; [par 52]
P. to extend the deadline for assessing admissibility conditions to at least 14 days
or, optimally, 30 days and allow for an extension of this time limit where
necessary, in which case the complainant should be informed of such
extension; [par 53]
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