Incompatibility of offices

1. The office of President of the Republic, Member of the Seimas, Member of the European Parliament, municipal councillor or mayor shall be incompatible with the positions of servicemen fulfilling active military service (with the exception of the case when a contract of a volunteer serviceman or any other serviceman in non-continuous volunteer military service is considered suspended).

2. The office of Member of the Seimas, with the exception of their duties in the Seimas, shall be incompatible with any other office in a state or municipal institution, agency or organisation as well as with any job in a business, commercial or any other private agency or enterprise. A Seimas Member may be appointed as Prime Minister or minister.

3. The office of President of the Republic shall be incompatible with any other office in a state or municipal institution, agency or organisation as well as with any job in a business, commercial or any other private agency or enterprise.

4. The incompatibility of the office of Member of the European Parliament with other offices shall be determined by the Law of the Republic of Lithuania on the Status and Working Conditions of Members of the European Parliament elected in the Republic of Lithuania.

5. The office of municipal councillor or mayor shall be incompatible with the following offices:

1) President of the Republic;

2) Member of the Seimas;

3) Member of the European Parliament

4) member of the Government;

5) head of a Government agency or an agency under the ministry, where the head’s work is related to the supervision and control of the activities of municipalities;

6) representative of the Government;

7) Auditor General and Deputy Auditor General;

8) director of administration of the regional development council, which includes the municipality as one of its participants.

6. The office of municipal councillor shall also be incompatible with the following offices of the municipality of which the person is a municipal councillor:

1) mayor;

2) civil servant of mayor’s political (personal) confidence;

3) municipal controller or civil servant of the municipal controller’s service;

4) director of the municipal administration and deputy director of the municipal administration;

5) civil servant and employee working under an employment contract with the municipal administration;

6) career civil servant or employee working under an employment contract with the secretariat of the municipal council;

7) head of a budgetary institution the owner or one of the owners of which is that municipality or an employee acting as the head of such budgetary institution for more than three months;

8) head of a public establishment where the municipality acts as an owner or holds a stake, or an employee acting as the head of such public establishment for more than three months;

9) member of the collegial management or any other body within a public establishment, where the municipality acts as an owner or holds a stake;

10) head of a municipal enterprise or employee performing the functions of the head of that municipal enterprise temporarily for more than three months;

11) member of the collegial management or other body of a municipal enterprise;

12) head of a public limited liability company and a private limited liability company managed by that municipality or employee performing the functions of the head of such company temporarily for more than three months;

13) member of the collegial management or other body of a public limited liability company or a private limited liability company managed by that municipality.

7. The office of mayor shall be incompatible with the offices referred in paragraph (6), points (2) to (13). 8. A person elected as Member of the European Parliament or a municipal councillor and holding the office incompatible with these mandates must decide thereon and renounce such office or relinquish the mandate under the procedure and within the time limits laid down by this Code.

9. A person who is elected as President of the Republic, Member of the Seimas, municipal councillor or mayor or whose mandate to the existing vacancy is confirmed may not, on the day of taking the oath, hold the office referred to in paragraphs (1) to (7).

10. A person who is elected as Member of the European Parliament or whose mandate to the existing vacancy is confirmed may not, on the day of commencement of the said duties, hold any office incompatible with that of Member of the European Parliament.