Lithuanian government rejects deportation initiative for foreign criminals

The Lithuanian government has rejected a legislative initiative aimed at deporting foreigners convicted of crimes, asserting that current laws already provide sufficient grounds for removal.

“

Since a significant portion of the criteria for assessing a foreigner as posing or potentially posing a threat to public order or society are linked to crimes committed by the foreigner, foreigners committing criminal acts are in practice most often assessed as posing a threat to public order and cannot be or live in the Republic of Lithuania.

In its assessment, the government noted that the proposed regulation largely mirrors existing legal frameworks. It stated that foreigners whose presence poses a threat to public order are already subject to deportation. The cabinet concluded that individuals committing criminal offenses are typically assessed as posing such a threat and are therefore not permitted to reside in Lithuania. The existing legal framework, they argued, is clear, systematic, and proportionate.

Critiquing the proposal, the government highlighted that it conflicts with European Union law. The proposed mechanism, based on general prevention rather than an individual assessment of behavior and circumstances, fails to guarantee the rights and freedoms of individuals as mandated by EU law. The government also opposed the suggestion that employers should cover the deportation costs for foreign nationals who committed crimes after working in Lithuania.

“

Given that the legal regulation proposed by the draft law establishes a deportation mechanism based on general prevention, which does not ensure an assessment of the individual's behavior and the circumstances of their specific situation, such proposed regulation does not ensure the rights and freedoms of persons established in EU law.

Ministers reasoned that holding employers responsible for the actions of their foreign employees outside of work is unjustified. Such a requirement would impose liability without fault, violating constitutional principles of justice, proportionality, and property rights. The government's conclusion emphasizes that the current legal system adequately addresses the deportation of foreigners who pose a threat to public order, while also adhering to EU legal standards and protecting fundamental rights.

“

Requiring an employer to reimburse the costs associated with the foreigner's deportation would mean their liability without fault, which is considered an unconstitutional obligation that violates property rights and the requirements of justice and proportionality arising from the constitutional principle of the rule of law.