International law and its relation to domestic law

International agreements ratified by the Lithuanian parliament (Seimas) shall be a constituent part of Lithuania’s legal system. (Article 138 of the Constitution of the Republic of Lithuania, 25 October 1992)

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International law and its relation to domestic law

International agreements ratified by the Lithuanian parliament (Seimas) shall be a constituent part of Lithuania’s legal system. (Article 138 of the Constitution of the Republic of Lithuania, 25 October 1992)

Depending on the character of the international agreement, it may be necessary to adopt a national law. If a law or other legal act has to be passed to implement a treaty, the Lithuanian Government shall submit a draft of the appropriate law to parliament to adopt an appropriate governmental resolution, or ensure that another legal act is passed. (Article 11 (3) of the Law on International Treaties of the Republic of Lithuania, 21 May 1991)

International treaties to which Lithuania is party shall have legal force on Lithuanian territory. (Article 12 of the Law on International Treaties of the Republic of Lithuania)

FREEDOM OF ASSEMBLY

Legal framework

Citizens may not be prohibited or hindered from assembling peacefully, without bearing arms. This right may not be subjected to any restrictions except those that are provided by law and are necessary to protect the security of the state or the community, public order, people's health or morals, or the rights and freedoms of other persons. (Article 36 of the Constitution of the Republic of Lithuania) Primary legislation is the Law of the Republic of Lithuania on Assembly. (Adopted on 2 December 1993, entered into force on 15 December 1993, then amended on 3 April 2003 and entered into force on 1 May 2003. Hereinafter referred as to the Law) There are no by-laws elaborating on the provisions of the Law.

Types of assemblies defined and protected in domestic law

The Law applies to assemblies in public places. (Article 6 of the Law) Such assemblies may take various forms, including meetings, pickets, demonstrations, or processions, among others. (Article 3 of the Law) Streets are explicitly mentioned as one possible place for holding assemblies. (Article 6 of the Law)

Possible limitations/restrictions/conditions, including notice requirements

Freedom of assembly may be restricted temporarily during martial law or a state of emergency. (Article 145 of the Constitution)

Constitutional provisions concerning restrictions are spelled out in the Law on Assembly.

An assembly can be prohibited if its participants:

Are armed (carry firearms; cold weapons; articles specially designed to inflict bodily injuries, to set fire, or to cause material damage; or articles that are not specially designed but could in practice be used for these purposes) or carry inflammable, toxic, or radioactive substances, or alcohol; are dressed in military uniforms or carry ammunition (like helmets, flack-jackets, etc.), wear masks on their faces or other camouflage that prevents them from being recognized and indicates their preparedness to violate the law;

Drive recklessly or in a manner that endangers the safety or health of the participants or others; drive in a manner that violates public peace and order;

Are naked, or if their appearance violates public morals in another manner, or by showing certain articles;

Violate, or instigate another to violate, the Lithuanian Constitution or other laws with their speeches, banners, slogans, or audio-visual aids, or through other actions. (Article 8 of the Law)

Assemblies may not be held in state, municipal, or police premises; at detention centres; social-rehabilitation centres; defence facilities; state security and military installations; prosecutors’ offices; courts; state banks; nuclear-power facilities; or other places subject to special security regulations or guarded by armed security. Assemblies may not be held closer than 25 metres from any premises belonging to state authorities (75 metres from some of them) and may not block entrances. (Article 6 of the Law)

Although no authorization is required to hold an assembly as such, organizers are required to get the approval of municipal authorities concerning the place, time, and form of a planned assembly. (Article 5 of the Law)

The Law establishes the procedure for providing notification about the organization of an assembly. An organizer, or their representative, has to file notification of an assembly at least five days prior to the day of the planned assembly. Organizers have to submit written notification to the head of the municipal executive authorities or his or her authorized representative about the place, time, and type of assembly. The notification has to be signed by at least two people. Notification should contain information about the form and content of the assembly, its date and time, place and route, estimated number of participants, preferences as to the role of police with a view to keeping public order, and the names and places of residence of at least two organizers or their representatives. (Article 9 of the Law)

If an assembly is organized at a certain time in a place that is permanently assigned for such purpose by the municipality, and the number of participants is limited (up to 100), the head of the municipal authorities, or their representative, has to be informed of such an assembly, but written notification is not required. Notification is not required in case of pickets where no more than 10 people participate.

The head of municipal authorities, or their representative, shall issue a certificate of approval as to the place, time, and type of assembly.

Place, route, and time of assemblies

The Law applies to assemblies held in public places such as streets, squares, parks, and public buildings.

Power to ban assemblies

When the relevant authorities receive written notification of a planned assembly, they have to issue a certificate of approval as to the place, time, and type of assembly. The authorities may refuse to approve an assembly, in which case a written refusal to approve the place, time, and form of the planned gathering should be issued, and the reasons for the refusal have to be provided. An assembly may be refused because its form, place, time, or other circumstances are unacceptable, as provided for in the Law. A decision of refusal shall be signed by the head of the municipal executive body or his/her authorized representative. The organizer(s) or their authorized representatives shall be provided with a copy of this decision. (Article 12 of the Law) Categories of prohibited assemblies are listed in the Law (such as indications of the readiness of the participants to breach the law, morality, or public safety). (Article 8 of the Law)

Requirements for organizers and participants; their rights and duties (including liability and penalties)

Assemblies may be organized by

Lithuanian citizens who are at least 18 years old and have full legal capacity;

Political parties, other political and public organizations, trade unions, and churches and other religious organizations on the condition of registration in accordance with the procedure prescribed by law;

Other legal persons in the Republic of Lithuania. (Article 4 of the Law)

The procedure for organizing an assembly differs depending on the number of participants. Otherwise, there are no quantitative requirements with regard to organizers or participants of an assembly. (Article 9 of the Law)

Organizers and participants have to abide by the Law on Assembly, other laws, traffic and fire rules; respect moral values acknowledged by society; and comply with the lawful requirements of authorities and police officials. (Article 19 of the Law) Organizers and participants who break the law shall bear responsibility for material damage. (Article 16 of the Law)

Breach of the Law is punishable by a fine of between 500 and 2,000 LTL or administrative detention of up to 30 days. (Article 188⁷ of the Administrative Code of the Republic of Lithuania)

State and police powers and responsibilities (including liability and penalties)

The police have to guarantee proper conditions for the organization of lawful assemblies, as well as for the protection of the rights and freedoms of the organizers, participants, and other people; and the protection of state and public security; public order; health; and morals. (Article 22 of the Law)

The police may use physical force in case of rioting or other mass actions that breach public order. (Article 14 (1.4) of the Law on Police Activities of the Republic of Lithuania, 17 October 2000) The use of force is subject to the principle of proportionality. (Article 23 of the Law on Police Activities) Any police officer who exceeds the legal limits for use of force is in violation of the law and shall bear responsibility for their actions. Depending on the nature of their actions, they could be in violation of criminal and/or civil law. Any person who, while carrying out their professional duties, exceeds the legal limits for the use of force and causes damage is liable under the Criminal Code, although the fact that they were carrying out their professional duties may be seen as an extenuating circumstance. Victims may seek compensation either by lodging a civil suit in a criminal case or through a settlement with the perpetrator. (Article 30 of the Criminal Code of the Republic of Lithuania)

Rights of appeal

The organizers of an assembly may appeal a refusal to hold that assembly to a district court within 10 days of the refusal. The court has to examine such application within three days. (Article 13 of the Law)

Analysis was written with the assistance of the Permanent Mission of the Republic of Lithuania to the OSCE, which completed the ODIHR questionnaire.

Posted in October 2006

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