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STATUTE

(Unofficial translation)

Approved by Resolution No 798of the Government of the Republic of Lithuania,June 25, 2004

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

I. 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) shall be a budgetary institution, funded by the State budget of the Respublic of Lithuania.

2.  The European Law Department shall act in accordance with the Constitution of the Republic of Lithuania, Lithuanian laws, other 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, ordinances of the Prime Minister, orders of the Minister of Justice as well as this Statute. Upon the implementation of its objectives, the European Law Department shall observe European Union legal acts, the practice of the Court of Justice of the European Communities, as well as the European Convention for the Protection of Human Rights and Fundamental Freedoms and the practice of its institutions.

3.  The European Law Department shall be a public legal person which shall have a bank account as well as the seal with the Lithuanian State Emblem and its name on it. The address of the European Law Department: Vilnius str. 23-7A, LT-01402 Vilnius, The Republic of Lithuania.

II. OBJECTIVES AND FUNCTIONS OF THE EUROPEAN LAW DEPARTMENT

4.  The main objective of the European Law Department shall be to ensure, within its competence, the compliance of draft national legal acts with the provisions of European Union law.

5.  Upon the implementation of this objective, the European Law Department shall:

5.1.  submit legal opinions on the compliance of draft laws, as well as draft resolutions of the Government of the Republic of Lithuania with the requirements of European Union law;

5.2.  upon the request of concerned institutions, submit opinions on the compliance of provisions of international treaties and interdisciplinary agreements or their drafts with the requirements of European Union law;

5.3.  upon the request of ministries, institutions under the Government, other governmental institutions or Lithuanian Bank submit opinions on the compliance of provisions of the normative acts enacted by ministers, heads of the institutions under the Government, other governmental institutions or of resolutions of the Board of the Lithuanian Bank, implementing legal acts of the European Union, with the requirements of European Union law provisions;

5.4.  submit the proposals within its competence on the drafting of laws, resolutions of the Government and other acts, as well as amendment to, or annulment of legal acts in force;

5.5.  in accordance with the procedure established by laws, render assistance to ministries, institutions under the Government, the Office of the Government of the Republic of Lithuania in drafting of legal acts in compliance with the requirements of European Union law;

5.6.  in accordance with the procedure established by laws, submit comments and proposals to the draft answers of the institutions and establishments of the Republic of Lithuania to the official inquires by the institutions of the European Union on the compliance of legal acts of the Republic of Lithuania with the requirements of European Union law;

5.7.  in accordance with the procedure established by laws, prepare the official position of the Republic of Lithuania and represent the Republic of Lithuania in such cases: when European Commission consider the compliance of the legal acts of the Republic of Lithuania with the requirements of European Union law, in the cases brought to European Court of Justice and in other institutins of the European Union, within its competence gives proposals on the execution of the adopted decisions;

5.8.  in accordance with the procedure established by laws, participate in preparation of the positions of the Republic of Lithuania on the draft legal acts of the European Union and submit opinion to concerned institutions of the Republic of Lithuania on the legal basis of these drafts;

5.9.  under the assignment of the Ministry of Justice of Lithuania, prepare material on the documents disscused in the institutions of the European Union;

5.10.  analyse the law of the European Union, the practice of its application and interpretation in the institutions of the European Union and inform ministries, institutions under the Government and other governmental institutions about legal acts in force, which do not comply with the practice and interpretation of the European Union law;

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

5.12.  render methodical assistance to courts of the Republic of Lithuania on the application of the European Union law, as well as on the references for the preliminary rulings to the European Court of Justice and Court of First Instance;

5.13.  systematise all the laws and other legal acts on which the European Law Department has submitted its opinion;

5.14.  in accordance with the procedure established by the Government of the Republic of Lithuania, participate in the education of specialists in European Union law, as well as together with other institutions organize education and rise of qualifications of judges;

5.15.  prepare and publish collections and commentaries of the European Union legal acts, organize conferences on the theory and practice of the European Union law, participate in the activities of the education of society in the European Union law;

5.16.  cary other functions established by other Lithuanian legal acts.

III. RIGHTS OF THE EUROPEAN LAW DEPARTMENT

6.  Upon the execution of its objective and functions, the European Law Department shall have the right to:

6.1.  receive information on a draft legal act, necessary for the issue of an opinion, from a state institution which has drafted this legal act;

6.2.  submit proposals to the ministries, institutions under the Government, other governmental institutions or Lithuanian Bank on the compliance of provisions of the normative acts enacted by ministers, heads of the institutions under the Government, other governmental institutions or of resolutions of the Board of the Lithuanian Bank, implementing legal acts of the European Union, with the requirements of European Union law provisions;

6.3.  receive information from the governmental institutions which is required for the preparation of the position of the Republic of Lithuania and representation of the Republic of Lithuania in case specified in paragraph 5.7.;

6.4.  invite experts for their opinion and advice or conclude conclude contracts with experts on certain work necessary for the execution of the functions of the European Law Department;

7.  The European Law Department shall also be entitled to other rights granted by Lithuanian laws and resolutions of the Government of the Republic of Lithuania.

IV. ORGANISATION OF WORK OF THE EUROPEAN LAW DEPARTMENT

8.  European Law Department shall consist of divisions and services.

9.  European Law Department shall be headed by the Director General, which shall have his deputies.

10.  The Director General shall be appointed and dismissed by the Minister of Justice of the Republic of Lithuania according to the Law of Public Service of the Republic of Lithuania (Žin., 1999, Nr. 66-2130; 2002, Nr. 45-1708). The Director General shall be subordinate to the Minister of Justice of the Republic of Lithuania. The Director General is promoted and disciplinary penalties are imposed on him according to the the Law of Public Service.

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

11.1.  be personally responsible for the implementation of the objective by the European Law Department;

11.2.  organise the work of the European Law Department;

11.3.  on the request of the Minister of Justice of the Republic of Lithuania, report on the activities of the European Law Department;

11.4.  approve the structure, the work regulations of the divisions, list of the posts and spheres of administration of the Deputies Director General of the European Law Department;

11.5.  in accordance with the Law of Public Service of the Republic of Lithuania other laws or legal acts appoint and dismiss public servants of the European Law Department, including Deputies Director General, concludes employment contracts with other workers of the European Law Department;

11.6.  organize rise of qualification of the public servants of the European law Department in accordance with the prepared programmes concerned;

11.7.  conclude contracts with experts on certain work necessary for the execution of the functions of the European Law Department;

11.8.  represent the European Law Department;

11.9.  sign opinions of the European Law Department on the compliance of draft laws and other draft legal acts with the requirements of European Union law;

11.10.    issue orders, as well as monitor their execution;

11.11.    perform assignments of the Government of the Republic of Lithuania, the Prime Minister, and Minister of Justice of the Republic of Lithuania;

11.12.    exercise other powers granted to him by laws and other legal acts of the Republic of Lithuania.

12.  In case of absence of the Director General of the European Law Department, his functions shall be performed by one of the Deputies Director General, who shall be appointed by the Minister of Justice of the Republic of Lithuania.

13.  The order and conditions of the remuneration of the public servants and workers, working under the employment contracts, establishes respectivelyLaw of Public Service of the Republic of Lithuania, Labour Code of the Republic of Lithuania, other legal acts of the Republic of Lithuania.

V. FINANCIAL CONTROL

14.  The financial control of the activity of the European Law Department and internal audit is carried out by the authorized governmental institutions in accordance with the procedure established by laws and other legal acts of the Republic of Lithuania.

VI. FINAL PROVISIONS

European Law Department shall be restructured, reorganized or liquidated in accordance with the provisions of the legal acts.



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