First page
Visitors
In total: 2048121
Today: 1107
Online: 21
STATUTE

APPROVED by

order No. 1R-204

of the Minister of Justice

of the Republic of Lithuania 

on 2 July 2014

 STATUTE OF THE EUROPEAN LAW DEPARTMENT UNDER THE MINISTRY OF JUSTICE OF THE REPUBLIC OF LITHUANIA

I CHAPTER

GENERAL PROVISIONS

  1. The European Law Department under the Ministry of Justice of the Republic of Lithuania (hereinafter referred to as the European Law Department) is an institution falling under the management area of the Ministry of Justice of the Republic of Lithuania (hereinafter referred to as the Ministry of Justice), which main aim is to ensure, within its competence,  an appropriate transposition of the European Union law into a legal order of the Republic of Lithuania and to represent the interests of the Republic of Lithuania before the Court of Justice of the European Union and before the European Free Trade Association Court (hereinafter referred to as the European Union Courts).
  2. The European Law Department shall act in accordance with the Constitution of the Republic of Lithuania, international treaties, European Union legal acts, the Statute of the Seimas of the Republic of Lithuania, the Law on the Government of the Republic of Lithuania, other laws and legal acts adopted by the Seimas of the Republic of Lithuania, decrees of the President of the Republic, resolutions of the Government of the Republic of Lithuania, orders of the Minister of Justice, the Statute of the European Law Department (hereinafter referred to as Statute) and other legal acts.
  3. The European Law Department is a limited liability public legal entity, which has a bank account and a stamp with the Lithuanian State Emblem and Department’s name on it. The address of the European Law Department’s residence: Vilnius str. 23-7A, LT-01402 Vilnius, The Republic of Lithuania.
  4. The European Law Department is a budgetary institution, funded by the State budget of the Republic of Lithuania and other State financial funds. The European Law Department might be funded by other financial funds in accordance with the laws.
  5. The State is the owner of the European Law Department. Ownership rights (with the exception of the decisions to reorganize or to liquidate the European Law Department) are exercised by the Ministry of Justice. In accordance with the laws, the Ministry of Justice coordinates and supervises the activities of the European Law Department, decides on the replacement of the residence and other matters, which falls under the competence of the Ministry of Justice implementing the rights and duties of the authority as the owner of the Department.
  6. European Law Department shall have the website (www.etd.lt), where planning documents, public notices and other information shall be published. In cases stated by the laws public notices shall be published in other mass media.
  7. This Statute might be changed in accordance with the provisions of the legal acts.

II CHAPTER

OBJECTIVES AND FUNCTIONS OF THE EUROPEAN LAW DEPARTMENT

8. Objectives of the European Law Department are these:

8.1. to coordinate the transposition and implementation of the European Union legal acts into a national legal system;

8.2. acting within its competence to ensure that the national draft legal acts and legal acts in force would be compatible with the European Union law, decisions of the Court of Justice of the European Union, international treaties, the Convention for the Protection of Human Rights and Fundamental Freedoms, decisions of the European Court of Human Rights;

8.3. to notify the European Union institutions about the transposition and implementation of the European Union legal acts into a national legal system;

8.4. to coordinate the activities of the national institutions regarding the European Commission’s inquiries or initiated infringement procedures against the Republic of Lithuania for failure to fulfill obligations;

8.5. to coordinate the activities of the national institutions regarding the litigation in the European Union Courts;

9. Upon the enforcement of objective enshrined in Article 8.1, the European Law Department shall:

9.1. register the European Union legal acts, which were adopted and published in the Official Journal of the European Union, also the European Union legal acts, which were received from the Permanent Representation of Lithuania to the European Union and for which according to the European Union law there is no obligation to publish, assign listed legal acts to the competent institutions of the Republic of Lithuania in the information system of Lithuania’s membership in the EU (LINESIS), and it shall organize the consultations due to the problems related to the disputes concerning responsibility of institutions on transposition and implementation of the European Union legal acts;

9.2.coordinate and supervise the activities of the competent institutions, regarding the planning of the transposition and implementation process, and also regarding the enforcement of the adopted transposition and implementation plan.

10. Upon the enforcement of objective enshrined in Article 8.2, the European Law Department shall:

10.1. submit legal opinions on the compliance of draft laws and draft resolutions of the Government of the Republic of Lithuania with the European Union law;

10.2. upon the request of concerned institutions, submit legal opinions on the compliance of international treaties and interministerial agreements, other agreements, which do not have the status of international agreements and which do not create civil legal relations under the law of the Republic of Lithuania or the national law of the foreign state or their drafts with the European Union law;

10.3. upon the request of public institutions and in accordance with the procedure established by laws, submit legal opinions on the compliance of the normative acts enacted by ministers, heads of the institutions under the Government, other governmental institutions or of the resolutions of the Board of the Lithuanian Bank, implementing legal acts of the European Union, with the requirements of the European Union law;

10.4. upon its own initiative or on the basis of the requests or proposals from private persons or associations representing them on the matters of implementation or application of the European Union law, within the competence, submit proposals to national institutions on framing of the draft laws, resolutions of the Government of the Republic of Lithuania and other legal acts, as well as proposals to amend, supplement or annul legal acts in force;

10.5. in accordance with the procedure established by laws, render assistance to State and municipal institutions in drafting legal acts related with the European Union law;

10.6. analyze the law of the European Union, the practice of its application and interpretation in the institutions of the European Union and inform national institutions about the decisions of the European Union Courts and about the national legal acts in force, which do not comply with the practice of the application and interpretation of the European Union law; within the competence, provide legal conclusions on the implementation of decisions of the European Union Courts;

10.7. render methodical assistance to the committees and commissions of the Seimas of the Republic of Lithuania, the Government of the Republic of Lithuania, other national institutions in the sphere of the approximation of the national law with the European Union law;

10.8. within the competence, render legal conclusions on the compatibility of draft legal acts with better regulation principles.

11. Upon the enforcement of objective enshrined in Article 8.3, the European Law Department shall:

11.1. on the basis of the information provided by the competent institutions in the electronic notification application in accordance with the laws notify the European Commission about the transposition and implementation of the directives into national law;

11.2. on the basis of the information provided by the competent institutions and in the case of necessity, submit to the European Commission and/or other European Union institutions an additional information about the transposition and implementation of the directives and/ or of other European Union legal acts.

12. Upon the enforcement of objective enshrined in Article 8.4, the European Law Department shall:

12.1. submit the European Union institutions’ inquiries delivered before starting proceedings for failure to fulfill obligations and related to transposition or implementation of the European Union law in the national law to the competent national institution, which is responsible for the transposition and/or implementation of the particular European Union legal act; within the competence consult and render necessary information to the State and municipal institutions on preparation of the response to the inquiry;

12.2.submit the European Commission’s formal notice and reasoned opinion for failure to fulfill obligations by the Republic of Lithuania to the competent institution, which is responsible for the transposition and/or implementation of the particular European Union legal act; organize resolution of the disagreements on the allocation of responsibilities between the competent institutions;

12.3. in accordance with the laws, render remarks and suggestions to the replies, prepared by the institutions of the Republic of Lithuania, to the inquiries of the European Union institutions mentioned in paragraph 12.1 of the Regulations, the European Commission’s formal notices or reasoned opinions concerning the compatibility of legal acts of the Republic of Lithuania with the European Union law or for failure to fulfil obligations by the Republic of Lithuania; if necessary prepare the position of the Republic of the Lithuania to the reasoned opinions for failure to fulfil obligations by the Republic of Lithuania and the reply to the European Commission together with the competent institution.

13. Upon the enforcement of objectives enshrined in Articles 8.5 and 8.6, the European Law Department shall:

13.1. register and forward to the competent national institutions procedural documents received from European Union Courts and the published information  concerning pending cases in those courts;

13.2. in accordance with the laws, together with the competent institutions prepare the positions on behalf of the Republic of Lithuania in cases pending before the European Union Courts;

13.3. together with competent institutions prepare pleadings and represent the Republic of Lithuania before the European Union Courts;

13.4. render methodical assistance to the courts of the Republic of Lithuania on the matters of the application of the European Union law and on the references to the European Union Courts for the preliminary ruling.

14. Upon the enforcement of objectives enshrined in Article 8, the European Law Department shall also perform these functions:

14.1. in accordance with the procedure established by law, prepare and coordinate the positions of the Republic of Lithuania on the drafts of the legal acts of the European Union and other questions, which are being dealt with in the European Union institutions and working agencies; within the competence ensure an effective representation of the interests of the Republic of Lithuania in the European Union institutions and their working agencies; 

14.2. in accordance with the procedure established by the Statute of the Seimas, laws and other legal acts, provide opinions on legal basis of the drafts of the legal acts of the European Union, as well as provide opinions on the compliance of these drafts with the principles of subsidiarity and proportionality;

14.3. participate in the training of the experts in the European Union law and together with other State institutions participate in the organisation of trainings for judges and improvement of their qualification;

14.4. prepare and publish the sets of  European Union legislation and it’s commentaries, organise scientific conferences on the issues of the European Union law theory and practise, participate in the activities of public education on the European Union law issues;

14.5. perform other functions enshrined in the legal acts of the Republic of Lithuania.

CHAPTER III

RIGHTS OF THE EUROPEAN LAW DEPARTMENT

15. The European Law Department, pursuing the execution of its objectives and performing the functions, which fall within its competences, shall have the right to:

15.1. in accordance with the procedure established by the law, obtain information from the State and municipality institutions and agencies on issues within the competence of the European Law Department;

15.2. prepare and submit proposals to the Minister of Justice on amendment, supplement or annulment of the legal acts, governing the procedure of implementation of the European Union law and representation of the interests of the Republic of Lithuania before the European Union Courts;

15.3. compose the working groups of experts from the State institutions and agencies, research and education institutions (in agreement with the heads of these institutions and agencies), other stakeholders, in order to assist to the European Law Department in achieving its objectives envisaged in this Statute;

15.4. invite experts (consultants) in order to solve the European Union law implementation and application issues, as well as other issues within the competence of the European Law Department;

15.5. organise conferences, seminars and other events on the issues of implementation and application of the European Union law;

15.6. conclude contracts with natural or legal persons of the Republic of Lithuania and other foreign countries, other organisations, affiliates of foreign legal persons and other organisations on goods, services and procurement of works or the execution of projects, financed by the European Union or other funds;

15.7. receive the assistance in accordance with the Law on Charity and Sponsorship of the Republic of Lithuania;

15.8. exercise other rights granted by the laws and other legal acts.

CHAPTER IV

ORGANISATION OF WORK OF THE EUROPEAN LAW DEPARTMENT

16. The activities of the European Law Department shall be organised in accordance with the Annual Activity Plan, approved by the Minister of Justice. The Annual Activity Plan of the European Law Department shall be prepared in accordance with the Strategic Planning Methodology, approved by Resolution No. 827 “On Approval of the Strategic Planning Methodology” of the Government of the Republic of Lithuania of 6 June 2002, and it shall be published on the European Law Department’s website.

17. The European Law Department shall consist of units. The structure of the European Law Department shall be approved by the Minister of Justice.

18. The European Law Department, its administrative units, public servants and employees, working under employment contracts, shall organise their activities in accordance with this Statute and the Internal Rules of the European Law Department, approved by the Director General of the European Law Department, the Rules of Procedure, the regulations of the administrative units and post descriptions of public servants and employees, working under employment contracts.

19. The European Law Department is managed by the Director General, who, in accordance with the Law on Public Service of the Republic of Lithuania (on non-political (non-personal) confidence grounds), shall be appointed and dismissed by the Minister of Justice.

20. The Director General shall be subordinate and accountable to the Minister of Justice.

21. The Director General shall have the Deputy (Deputies) Director General, who shall be appointed and dismissed in accordance with the Law on Public Service of the Republic of Lithuania. The Deputy (Deputies) Director General shall be directly subordinate and accountable to the Director General of the European Law Department.

22. In the absence of the Director General (holidays, mission or other cases) his functions shall be performed by the Deputy Director General, who is designated to perform this function in his post description, or other civil servant of the European Law Department, appointed by the order of the Minister of Justice.  

23. The Director General of the European Law Department shall:

23.1. decide on the issues within the competence of the European Law Department and be responsible for the achievement of the objectives of the European Law Department, for planning and organisation of activities and for exercise of the European Law Department’s functions;

23.2. represent the European Law Department in the institutions of the Republic of Lithuania and foreign countries, as well as in the international organisations; representation shall be made personally or, in accordance with the procedure established by the law, the Director General shall empower to represent the Republic of Lithuania before the European Union Courts;

23.3. attend in the committees of the Seimas of the Republic of Lithuania and meetings or deliberations of the Government of the Republic of Lithuania, meetings of the representatives of the ministries, meetings of the European Union Commission of the Government of the Republic of Lithuania;

23.4. within the competence ensure the compliance with the laws and other legal acts in the European Law Department;

23.5. within the competence, issue orders and supervise their implementation, sign mandates and other internal administrative documents;

23.6. annually submit to the Minister of Justice the Annual Activity Report of the European Law Department; annually submit to the Minister of Justice, the European Union Commission of the Government of the Republic of Lithuania and the Government of the Republic of Lithuania the Activity Report on the Representation of Positions of the Republic of Lithuania and the Report on the European Union Law implementation; at the request of the Minister of Justice report on the activities of the European Law Department;

23.7. within the competence, ensure rational and prudent use of funds and property, the effective establishment, operation and improvement of the internal control of the European Law Department;

23.8. recruit or dismiss public servants and employees, working under employment contracts; promote them in accordance with the laws, impose official or disciplinary penalties, pay allowances, grant holidays, send on missions and execute other powers of the employer in the field of personnel management; 

23.9. exercise other powers granted by the laws and other legal acts.

24. The Deputy (Deputies) Director General shall:

24.1. in accordance with the administrative areas designated to him (them), be responsible for the organisation and coordination of implementation of the laws, resolutions of the Government of the Republic of Lithuania and other legal acts;

24.2. in accordance with the administrative areas designated to him (them), coordinate the activities of the administrative units of the European Law Department;

24.3. execute other functions designated to him (them) by the Director General of the European Law Department.

CHAPTER V

INTERNAL ADMINISTRATION CONTROL OF THE EUROPEAN LAW DEPARTMENT

25. The public (financial (legitimacy) and performance) audit shall be carried by the National Audit Office of Lithuania.

26. The internal audit of the European Law Department, in accordance with the procedure established by the law, shall be carried out by the Centralised Internal Audit Unit of the Ministry of Justice.

27. The financial control of the European Law Department shall be carried out in accordance with the Financial Control Rules of the European Law Department, approved by the Director General.

28. The control of the implementation of the Annual Activity Plan of the European Law Department shall be carried out by the Centralised Internal Audit Unit of the Ministry of Justice.

CHAPTER VI

FINAL PROVISIONS

29. The European Law Department shall be reorganised or liquidated in accordance with the procedure established by laws and other legal acts.



« Grįžti atgalLast Update: 2019-02-11 15:04:04