Lithuanian opposition to challenge new government's legitimacy in Constitutional Court

Lithuanian opposition parties are preparing to challenge the legitimacy of the newly formed government, citing procedural irregularities in the submission of its program. Conservatives and liberals argue that the government's program was presented before the cabinet's official approval, a move they believe violates the constitution.

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There is a clear legal misunderstanding, because the program was registered earlier than the government's composition itself is approved by decree. And that was very much reflected in the conversations with the approved ministers. More than one minister let slip a word like, 'Let me familiarize myself with the program first and then I'll answer later.' That's not how it should be, at least they should have read the program, and in the best case, have participated in its preparation themselves.

Laurynas Kasčiūnas, the elder of the Homeland Union – Lithuanian Christian Democrats faction, stated that the program was registered before the government's composition was confirmed by decree. He noted that some ministers admitted to not having fully reviewed the program, which he deems unacceptable. "You cannot legitimize illegality; law cannot be born from illegality," Kasčiūnas said, emphasizing the need for precision when forming state institutions to avoid setting a problematic precedent.

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You cannot legitimize illegality; law cannot be born from illegality. Otherwise, when the highest state institutions are formed and we are forming a new government, you must do everything precisely so as not to create a precedent.

Viktorija Čmilytė-Nielsen, the elder of the Liberal Movement faction, pointed out that the government program project registered on July 3 was clearly prepared by the designated prime minister, Mindaugas Sinkevičius, but not by the entire cabinet approved later on July 6. Therefore, she argued, it cannot be considered the government's program. "We intend to appeal to the Constitutional Court," she announced.

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We intend to appeal to the Constitutional Court.

Former Constitutional Court president and Vilnius University law professor Egidijus Kūris echoed these concerns. He stated that the program was submitted without adhering to constitutional procedures, potentially raising questions about the cabinet's legal authority. Kūris described the government's start as a "false start," referencing Article 92 of the Constitution, which requires the prime minister to present the government and its program to the Seimas within 15 days of appointment, after the cabinet's approval by the president.

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This government's start is indeed a false start.