§ Article 94Incompatibility between a Mandate of Member of the European Parliament with Certain Duties

1. A mandate of Member of the European Parliament shall be incompatible with the duties of Member of the Seimas of the Republic of Lithuania and the duties of a member of the Government of the Republic of Lithuania. Moreover, a mandate of Member of the European Parliament shall be incompatible with the office held in the institutions of the European Union specified in legal acts of the European Union.
2. The person performing the duties specified in paragraph 1 of this Article, elected a member of the European Parliament or upon becoming such member by filling a vacant seat in the European Parliament, must decide and resign from the office which is incompatible with a mandate of Member of the European Parliament, or resign from the office of Member of the European Parliament. A person who has been elected to the European Parliament or has become a member of the European Parliament by filling a vacant seat, and who decides to resign from the office of Member of the European Parliament, must resign in accordance with the procedure established in subparagraph 2 of Article 91 of this Law not later than 15 days prior to the first sitting of a newly elected European Parliament or not later than within 15 days from the date on which the Central Electoral Committee adopted a decision regarding the acknowledgement of his mandate.
3. Where a person elected to the European Parliament fails to resign during the set time limit or a person referred to in paragraph 1 of this Article assumed the duties of Member of the European Parliament, the Central Electoral Committee must, within 5 working days after it became aware of the incompatibility between a mandate of Member of the European Parliament with the office held, acknowledge by a reasoned decision that such person has lost a mandate of Member of the European Parliament, and must announce the said fact in the Internet and the next issue of the Valstybės žinios (the Official Gazette), as well as notify the European Parliament about this. A vacant seat of a member of the European Parliament shall be filled in accordance with the procedure established in Article 92 of this Law.
4. Complaints concerning the loss of a mandate of Member of the European Parliament shall be filed with the Higher Administrative Court of Lithuania within 10 days of the publication of an announcement of the Central Electoral Committee in the Valstybės žinios (the Official Gazette), and must be considered not later than within 3 days of the receipt thereof. Complaints filed with the court after the expiration of the time limit shall not be considered. Court decision regarding the said issues shall become effective from the date of their adoption.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC ROLANDAS PAKSAS
Annex to Law of the Republic of Lithuania
No. IX-1837 of 20 November 2003
IMPLEMENTED LEGAL ACTS OF The European Union
1. 76/787/ECSC, EEC, Euratom: Decision of the representatives of the Member States meeting in the council relating to the Act concerning the election of the representatives of the Assembly by direct universal suffrage.
2. Council Directive 93/109/EC of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals
3. European Parliament resolution of 15 July 1998 on a proposal for an electoral procedure incorporating common principles for the election of Members of the European Parliament.
4. European Parliament Recommendation (A5-0212/2002) of 30 May 2002 on the draft Council decision amending the Act concerning the election of representatives of the European Parliament by direct universal suffrage.
5. 2002/772/EC,Euratom: Council Decision of 25 June 2002 and 23 September 2002 amending the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to Decision 76/787/ECSC, EEC, Euratom.
6. European Parliament: Rules of procedure of February 2003.