Grounds for the termination of powers before their expiry

1. In the cases laid down by this Code, the Central Electoral Commission shall take a reasoned decision concerning the termination of the powers of a Member of the Seimas, a municipal councillor, a mayor, or a Member of the European Parliament before the expiry of the term of office no later than within 15 days (with the exception of the case of death) when here are grounds for doing so and publish the decision in the Register of Legal Acts.

2. The powers of a Member of the Seimas shall terminate prior to the expiry of the term of office in the following cases:

1) Member of the Seimas resigns under a resignation statement. Such a statement must be delivered in person, signed with a qualified electronic signature, or notarised and submitted to the Central Electoral Commission;

2) the court declares the Member of the Seimas legally incapable based on an effective decision of the court;

3) the Member of the Seimas dies, in which case the term of office shall expire on the day of death;

4) the Seimas withdraws the mandate under the impeachment proceedings, in which case the term of office shall expire based on an effective resolution of the Seimas;

5) the Member of the Seimas takes up or fails to resign from a job incompatible with the office of Member of the Seimas, in which case the term of office shall expire based on an effective resolution of the Seimas;

6) the Member of the Seimas loses citizenship of the Republic of Lithuania, in which case the term of office shall expire based on an effective legal act concerning the loss of citizenship;

7) the Seimas elected in the early election convenes for its first sitting;

8) the elections are deemed invalid or there is a gross violation of this Code.

3. The powers of the President of the Republic shall terminate prior to the expiry of the term of office in the following cases:

1) the President of the Republic resigns, in which case the term of office shall expire based on an effective decree of the President of the Republic;

2) the President of the Republic dies – from the day of the death; 3) the Seimas removes the President of the Republic from office through the impeachment proceedings, in which case the term of office shall expire based on an effective resolution of the Seimas;

4) the Seimas, by a three-fifths majority vote of all the Members of the Seimas, adopts a resolution taking into account the conclusion of the Constitutional Court and stating that the health condition of the President of the Republic does not allow the current President to perform the presidential duties, and the resolution comes into effect;

5) an early presidential election is held.

4. The powers of a municipal councillor or a mayor shall terminate prior to the expiry of the term of office in the following cases:

1) the municipal councillor or the mayor resigns, in which case the term of office shall expire based on a resignation statement of the municipal councillor or mayor. This statement must be signed with a qualified electronic signature, notarised, or signed by the mayor and by the head of the political organisation (its branch) if the municipal councillor has been nominated by the political organisation. Subsequently, the head of the political organisation (its branch), the municipal councillor or the mayor must personally submit the said statement to the Central Electoral Commission;

2) the municipal councillor or he mayor resigns before taking up the duties incompatible with those of a municipal councillor and a mayor;

3) the municipal councillor or the mayor fails to attend three consecutive municipal council meetings without and valid grounds, in which case the term of office shall expire based on the decision of the Central Electoral Commission taken on the recommendation of the Commission for Ethics of the municipal council;

4) a court judgment of conviction becomes effective, in which case the term of office shall expire based on an effective judgment of the court;

5) the municipal councillor or the mayor leaves for permanent residence outside the territory of the municipality whose municipal councillor or mayor they have been elected to serve, in which case the term of office shall expire based on the notification of the mayor and/or the data of the Population Register;

6) the court takes a decision on the deportation from the Republic of Lithuania of the municipal councillor who is not a citizen of the Republic of Lithuania, in which case the term of office shall expire based on an effective decision of the court;

7) the municipal councillor or the mayor takes up the duties or fails to renounce the office incompatible with the office of municipal councillor or a mayor;

8) the Member of the Seimas dies, in which case the term of office shall expire on the day of death;

9) the court declares the municipal councillor or the mayor legally incapable, in which case the term of office shall expire based on an effective decision of the court;

10) direct rule is introduced on the territory of the municipality by a decision of the Seimas, with the exception of the cases specified by the Law on Direct Rule on the Municipal Territory;

11) the municipal council takes the decision to terminate the powers of the municipal councillor or the mayor under the procedure laid down by the Law of the Republic of Lithuania on Local Self-government;

12) the mayor loses the citizenship of the Republic of Lithuania;

13) the municipal councillor or the mayor is recognised by a decision of the Central Electoral Commission as having committed a gross violation of this Code during the political campaign leading to the allocation of the mandate of a municipal councillor or a mayor. 5. The powers of a Member of the European Parliament shall terminate prior to the expiry of the term of office in the following cases:

1) the Member of the European Parliament resigns, in which case the term of office shall expire based on the resignation statement. Such a statement must be delivered in person, signed with a qualified electronic signature, or notarised and submitted to the Central Electoral Commission;

2) the Member of the European Parliament dies, in which case the term of office shall expire on the day of the death;

3)the European Parliament withdraws the mandate of a Member of the European Parliament under the procedure laid down by the rules of procedure of the European Parliament, in which case the term of office shall expire based on an effective decision of the European Parliament;

4) the Member of the European Parliament takes up the duties incompatible with the office of Member of the European Parliament and fail to renounce these duties, in which case the term of office shall expire based on an effective decision of the Central Electoral Commission;

5) the court declares the Member of the European Parliament legally incapable, in which case the term of office shall expire based on an effective decision of the court;

6) the Member of the European Parliament is recognised by a decision of the Central Electoral Commission as having committed a gross violation of this Code during the political campaign leading to the allocation of the mandate of a Member of the European Parliament.

6. If, upon establishing the final election results, it transpires that a person elected as a Member of the Seimas, the President of the Republic, a municipal councillor, a mayor or a Member of the European Parliament has breached the prohibition to bribe voters or the procedure for financing political campaigns or has knowingly submitted incorrect (false) information in the candidate’s questionnaire (including the cases when it transpires that such person is related by an oath or pledge to a foreign state or has a citizenship of another state, has deliberately collaborated with the special services of the former USSR, has been found guilty of committing a criminal act by a judgment of the court of the Republic of Lithuania or a foreign state which has become effective after 11 March 1990, has previously been removed from the office of President of the Republic or has lost the mandate (powers) of a Member of the Seimas, a municipal councillor, a mayor or a Member of the European Parliament for a breach of the oath, a gross violation of the Constitution, a crime or a gross violation of this Code (or have, respectively, infringed the requirements referred to in Article 76(1), points (8), (11), (12) or (13), the Central Electoral Commission shall, within five working days, take the following steps:

1) take the decision recognising the said municipal councillor, mayor, or Member of the European Parliament as having committed a gross violation of this Code and having lost the mandate, and publish this fact on its website and in the Register of Legal Acts;

2) take the decision on the existence of the grounds for recognising the said Member of the Seimas or the President of the Republic as having committed a gross violation of this Code and forward all the information regarding the gross violation of this Code committed by the Member of the Seimas or the President of the Republic to the Seimas and the President of the Republic with a view to resolving the issue of termination of powers in the event of a gross violation of this Code or the imposition of impeachment.