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Title:

How to execute the judgement of the Strasbourg Court in the case Paksas v. Lithuania?

Subject and Keywords:

impeachment proceedings against the President of the Republic of Lithuania   ECHR judgment   amendments to the Law on Elections to the Seimas   Constitution

Abstract:

The article examines in what way Lithuania may and must execute the judgment of the European Court of Human Rights of 6 January 2011 in the case of Paksas v. Lithuania. On 6 April 2004, the Seimas removed, following impeachment proceedings, R. Paksas from the office of the President of the Republic for a gross violation of the Constitution. In its ruling of 25 May 2004, the Constitutional Court held that a person who had been removed from office for a gross violation of the Constitution or a breach of the oath may never, in the future, be elected President of the Republic or a member of the Seimas. In the judgment of 6 January 2011 in the case of Paksas v. Lithuania, the European Court of Human Rights found that the absolute prohibition set out in the Lithuanian legal system for R. Paksas to ever stand for election to parliament was disproportionate, and that, having established such a prohibition, Lithuania had violated Article 3 of Protocol No. 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms. In the article the conclusion is drawn that in order to execute the ECHR judgment at issue, it does not suffice to amend the Law on Elections to the Seimas — to that effect an amendment to the Constitution would be necessary, since the said absolute prohibition, whereby a person who has been removed from office by the Seimas following impeachment proceedings for a gross violation of the Constitution or a breach of the

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2013

Date copyrighted:

2013

Resource Type:

text

Identifier:

ISSN 0137-1134   ISSN 0239-6661

Source:

PAd P 101660 II

Language:

pol   eng

Relation:

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3502. Przegląd Prawa i Administracji 2013, 92, s. 57-72

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.

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