COMMISSION STAFF WORKING DOCUMENT 2023 Rule of Law Report Country Chapter on the rule of law situation in Lithuania Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2023 Rule of Law Report The rule of law situation in the European Union
Date: 2023-07-05
Institutions: European Commission, Secretariat-General
Subjects: Lithuania, administrative transparency, corruption, democracy, independence of the judiciary, infringement of EU law, pluralism in the media, political rights, rule of law

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 5.7.2023  SWD(2023) 815 final  COMMISSION STAFF WORKING DOCUMENT 2023 Rule of Law Report    Country Chapter on the rule of law situation in Lithuania Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2023 Rule of Law Report               The rule of law situation in the European Union {COM(2023) 800 final} - {SWD(2023) 801 final} - {SWD(2023) 802 final} - {SWD(2023) 803 final} - {SWD(2023) 804 final} - {SWD(2023) 805 final} - {SWD(2023) 806 final} - {SWD(2023) 807 final} - {SWD(2023) 808 final} - {SWD(2023) 809 final} - {SWD(2023) 810 final} - {SWD(2023) 811 final} - {SWD(2023) 812 final} - {SWD(2023) 813 final} - {SWD(2023) 814 final} - {SWD(2023) 816 final} - {SWD(2023) 817 final} - {SWD(2023) 818 final} - {SWD(2023) 819 final} - {SWD(2023) 820 final} - {SWD(2023) 821 final} - {SWD(2023) 822 final} - {SWD(2023) 823 final} - {SWD(2023) 824 final} - {SWD(2023) 825 final} - {SWD(2023) 826 final} - {SWD(2023) 827 final}  
 
 
ABSTRACT 

The justice system continues to perform efficiently, and the use of digital tools is widespread. 
The appointments to the Supreme Court have been finalised, leading to the appointment of a 
new  President.  New  legislation  was  adopted,  improving  the  transparency  of  judicial 
appointments. Stakeholders continue to raise the need for additional safeguards in this regard. 
The Constitutional Court clarified the principles regarding the dismissal of the judges of higher 
courts, reaffirming the role of the Judicial Council. There are serious concerns regarding the 
level of remuneration for prosecutors and court staff, which were only partially addressed by 
the legislative reform. The reform of the legal aid system advanced, while the workload and 
remuneration of legal aid providers remains to be addressed.  

The implementation of the anti-corruption agenda 2022-2033 advanced well with the adoption 
of the first implementation action plan. Investigations and prosecutions of corruption related 
offences continue to be carried out efficiently while shortcomings in relation to investigation 
and prosecution of foreign bribery cases were raised. Public procurement remains a high-risk 
area  for  corruption.  Laws  such  as  the  Law  on  Corruption  Prevention,  the  Law  on  the 
Adjustment  of  Public  and  Private  Interests  and  the  whistleblower  legislation  are  being 
efficiently implemented. Further efforts were taken in view of efficient implementation of the 
integrity rules. The current rules concerning lobbying give positive results in terms of submitted 
declarations. New rules have been adopted regarding political party financing, specifically for 
municipal elections and elections to the European Parliament. 

The legal framework for media pluralism and freedom in Lithuania guarantees the fundamental 
right  of  freedom  of  expression  and  the  right  to  information.  Following  public  discussions, 
legislation to improve the effectiveness and impartiality of media self-regulatory bodies was 
adopted.  As  of  2023,  public  institutions  and  bodies  have  to  make  public  on  their  websites 
information about the funds they have used for state advertising. Several measures were taken 
to  improve  journalists’  access  to  information  held  by  public  authorities  and  bodies.  The 
professional environment for journalists is largely safe in Lithuania, and both public authorities 
and  media  took  several  measures  to  improve  the  safety  of  journalists  and  their  protection 
against abusive lawsuits. 

Concerns  regarding  the  adequacy  of  the  resources  allocated  to  the  Parliamentary 
Ombudspersons persist. The project aiming at improving the quality of law-making continues 
to be implemented. The civic space continues to be considered open, and non-governmental 
organisations are increasingly recognised as partners in decision-making processes. A state of 
emergency in the border regions has been lifted, and amendments to the Law on State Border 
Protection  were  adopted  in  Parliament.  The  Constitutional  Court  continues  to  scrutinise 
measures adopted during the COVID-19 pandemic. 

1 

 
 
RECOMMENDATIONS 

Overall,  concerning  the  recommendations  in  the  2022  Rule  of  Law  Report,  Lithuania  has 
(made):  

  Some  progress  on  continuing  the  reform  of  the  legal  aid  system,  including  by  ensuring 
adequate  conditions  for  the  participation  of  legal  aid  providers,  taking  into  account 
European standards on legal aid.  

  Fully implemented the recommendation to proceed with the appointments to ensure the full 
composition  of  the  Supreme  Court  and  with  the  appointment  of  the  President  of  the 
Supreme Court.  

  Some progress on initiating a process in view of adapting the system of appointments to 
judicial positions, notably to  the Supreme Court, including to improve transparency and 
taking into account European standards on judicial appointments.  

  Fully implemented the recommendation to start implementing the anti-corruption agenda 

2022-2033.  

  Significant  progress  on continuing to  improve the practice of granting access  to  official 
documents, in particular by making sure that the grounds for rejection of disclosure requests 
are not used to unduly limit access, including by journalists, taking into account European 
standards on access to official documents.  

  No  further  progress  on  providing  adequate  human  and  financial  resources  for  the 
functioning  of  the  Office  of  the  Parliamentary  Ombudspersons,  taking  into  account 
European standards on resources for Ombudsinstitutions and the UN Paris Principles.  

On this basis, and considering other developments that took place in the period of reference, it 
is recommended to Lithuania to: 

  Continue  the  reform  of  the  legal  aid  system  by  ensuring  adequate  conditions  for  the 
participation of legal aid providers, taking into account European standards on legal aid. 
  Continue  efforts  to  improve  the  transparency  of  the  system  of  appointments  to  judicial 
positions, notably to the Supreme Court, taking into account European standards on judicial 
appointments. 

  Continue efforts to provide adequate resources for the justice system, including on the level 
of  remuneration  for  prosecutors  and  non-judicial  staff,  taking  into  account  European 
standards on resources and remuneration for the justice system.  

  Provide adequate human and financial resources for the functioning of the Office of the 
Parliamentary Ombudspersons, taking into account European standards on resources for 
Ombudsinstitutions and the UN Paris Principles. 

2 

 
 
 
1. 

JUSTICE SYSTEM  

The justice system is composed of the Constitutional Court1, courts of general jurisdiction (the 
Supreme Court, the Court of Appeal, regional courts and district courts) and courts of special 
jurisdiction (the Supreme Administrative Court and two regional administrative courts). The 
judges  of  the  Supreme  Court,  as  well  as  its  President  chosen  from  among  them,  shall  be 
appointed  and  released  by  Parliament  (Seimas)  upon  submission  by  the  President  of  the 
Republic. The judges of the Court of Appeal, as well as its President chosen from among them, 
shall be appointed by the President of the Republic upon the assent of Parliament. The judges 
and presidents of district, regional, and specialised courts shall be appointed, and their places 
of  work  shall  be  changed,  by  the  President  of  the  Republic.  The  Judicial  Council,  entirely 
composed of judges appointed by their peers, is the executive body of judicial self-governance, 
and  ensures  the  independence  of  courts  and  judges2.  The  Judicial  Council  shall  advise  the 
President of the Republic on the appointment, promotion, and transfer of judges, or their release 
from duties. The National Courts Administration, which is independent from the executive, is 
competent  for  providing  material  and  technical  support  to  the  courts,  ensuring  the  efficient 
functioning of the court system and the training of judges. Prosecutors are independent; the 
Prosecutor General is appointed and dismissed by the President of the Republic upon the assent 
of  Parliament3.  Lower-ranked  prosecutors  are  appointed  by  the  Prosecutor  General,  on  the 
recommendation of a Selection Commission4. Lithuania participates in the European Public 
Prosecutor’s Office (EPPO). The Bar Association is an independent part of the legal system 
and is financed from contributions paid by advocates and from other sources.  

Independence  

The level of perceived judicial independence in Lithuania continues to be average among 
the general public and high among companies. Overall, 57% of the general population and 
64% of companies perceive the level of independence of courts and judges to be ‘fairly or very 
good’ in 20235. According to data in the 2023 EU Justice Scoreboard, no clear trend can be 
identified in the evolution of the perceived level  of independence among  the general public 
since 2016. Nevertheless, this figure has increased in comparison with 2022 (52%), as well as 
with  2016  (49%).  The  perceived  level  of  independence  among  companies  has  consistently 
increased since 2016 (48%), as well as in comparison with 2022 (61%). 

A new President of the Supreme Court has been appointed. The 2022 Rule of Law Report 
recommended to Lithuania to ‘proceed with the appointments to ensure the full composition of 
the Supreme Court and with the appointment of the President of the Supreme Court’6. On 28 
December 2022, Parliament finalised the appointments to the Supreme Court, which ensured 

1   The  Constitutional  Court  is  composed  of  nine  judges,  appointed  by  Parliament,  from  among  candidates 
presented by the President of the Republic, the Speaker of Parliament, and the President of the Supreme Court. 

2   Art. 119, Law on Courts. 
3   Deputy Prosecutors General are appointed and dismissed by the President of the Republic on the proposal of 

the Prosecutor General. 

4   Arts. 22 and 26, Law on the amendment of the law on the prosecutor’s office, No. I-599, of 13 October 1994. 
5   Figures 49 and 51, 2023 EU Justice Scoreboard. The level of perceived judicial independence is categorised 
as follows: very low (below 30% of respondents perceive judicial independence as fairly good and very good); 
low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%). 

6   2022 Rule of Law Report, Country Chapter on the rule of law situation in Lithuania, p. 2. 

3 

 
                                                           
its full composition7. As stated in the 2022 Rule of Law Report8, the full composition of the 
Supreme  Court  is  a  Constitutional  condition  for  proceeding  with  the  appointment  of  the 
President of the Supreme Court9. On 14 March 2023, Parliament appointed a new President of 
the Supreme Court10. The appointment put an end to a long period of standstill lasting since 
September 2019, during which the President of the Supreme Court remained in function  ad 
interim11. Therefore, the recommendation made in the 2022 Rule of Law Report has been fully 
implemented. 

There was some progress in improving the transparency of judicial appointments, as new 
legislation has been adopted. The 2022 Rule of Law Report recommended to Lithuania to 
‘[i]nitiate  a  process  in  view  of  adapting  the  system  of  appointments  to  judicial  positions, 
notably  to  the  Supreme  Court,  including  to  improve  transparency  and  taking  into  account 
European standards on judicial appointments’12. Following the presentation of a draft law by 
the Office of the President of the Republic13, on 24 November 2022, amendments to the Law 
on Courts were adopted, which introduced changes to the selection procedures for candidates 
for  judicial  office14.  These  amendments,  which  include  the  creation  of  reserve  lists  of 
candidates and the possibility of ad hoc selection procedures, came into force in January 2023 
and are expected to improve the celerity of the process of appointments15, which stakeholders 
assess  as  positive  for  the  efficiency  of  the  appointment  procedures16.  However,  the 
longstanding concerns raised by the Judicial Council – as mentioned in the 2022 Rule of Law 
Report17  –  are  not  addressed  by  these  amendments,  in  particular  on  the  discretion  of  the 
President  of  the  Republic  and  Parliament  not  to  follow  the  proposal  of  the  Selection 

7   Input from Lithuania for the 2023 Rule of Law Report, p. 3. 
8   2022  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Lithuania,  pp.  3-4.  The  list  of 

candidates was compiled by Parliament on 6 January 2023. 

9   Art. 84, ‘The President […] (11) shall propose candidates for the posts of the justices of the Supreme Court 
for consideration by the Seimas and, upon the appointment of all the justices of the Supreme Court, propose 
the candidate  from among them for the post of the President of the Supreme Court to be appointed by the 
Seimas’. 

10   Supreme Court of Lithuania, Press Release of 15 March 2023. 
11   2022 Rule of Law Report, Country Chapter on the rule of law situation in Lithuania, pp. 3-4. 
12   2022 Rule of Law Report, Country Chapter on the rule of law situation in Lithuania, p. 2. 
13   Input from Lithuania for the 2023 Rule of Law Report, p. 5. Regarding the draft legislation presented by the 
Office of the President of the Republic, see also 2022 Rule of Law Report, Country Chapter on the rule of law 
situation in Lithuania, p. 4. 

14   Input from Lithuania for the 2023 Rule of Law Report, p. 3. 
15   The  main  changes  introduced  refer  to  the  following:  (1)  selections  of  candidates  seeking  appointment  to 
judicial office in the district, regional and regional administrative courts are carried out continuously, which 
means  the  selection  procedures  are  carried  out  not  to  a  specific  court  (or  court  chamber),  but  by  creating 
constantly  updated  reserve  lists  of  evaluated  candidates  to  a  judicial  office  of  the  relevant  level  and/or 
specialization of courts; (2) selections are carried out  ad hoc when there is a vacancy or vacating seat of a 
judge of the Supreme Court of Lithuania, the Supreme Administrative Court of Lithuania, and the Court of 
Appeal of Lithuania, also in all cases where it is intended to hold vacant or vacating leadership positions in 
the courts; (3) selections are not carried out in cases where the judge claims to move from one court of the 
same level to another court or other chambers of the same court (Input from Lithuania for the 2023 Rule of 
Law Report, p. 3). 

16   Contribution from the Association of European Administrative Judges for the 2023 Rule of Law Report, p. 

14. 

17   2022 Rule of Law Report, Country Chapter on the rule of law situation in Lithuania, p. 4. 

4 

 
                                                           
Commission  of  Candidates  to  Judicial  Office  (which  remains  consultative18)  without  an 
obligation to state reasons when rejecting a proposed appointment19 and no possibility for a 
candidate judge, who is not appointed, to request judicial review20. It is recalled that, according 
to European standards, in cases where the head of state, the government or the legislative power 
takes decisions concerning the selection of judges, an independent  and competent  authority 
drawn in substantial part from the judiciary should be authorised to make recommendations or 
express  opinions  which  the  relevant  appointing  authority  follows  in  practice21.  Concerns 
remain regarding the possible repetition of prolonged delays in appointments to the Supreme 
Court,  as  only  the  time  limits  for  the  announcement  of  the  selection  for  a  vacancy  of  the 
Supreme Court of Lithuania have been defined.22. Therefore, there has been some progress on 
the implementation of the recommendation made in the 2022 Rule of Law Report. 

The  Constitutional  Court  clarified  the  principles  regarding  the  dismissal  of  judges  of 
higher courts, reaffirming the role of the Judicial Council. Called to review the lawfulness 
of concrete cases of dismissals of judges of the Supreme Court and the Court of Appeal, the 
Constitutional Court  clarified that two authorities can initiate the dismissal of judges  of the 
courts  of  highest  instance,  as  this  creates  preconditions  for  ensuring  a  higher  standard  of 
responsibility for judges in these courts23. The Constitutional Court confirmed that both the 
President of the Republic and Parliament can initiate the procedure for dismissal of a judge 
whose  conduct  discredits  the  reputation  of  judges.  In  this  same  decision,  the  Constitutional 
Court recalled the impossibility, which stems from the Constitution, to dismiss a judge without 
the  advice  of  a  ‘special  institution  of  judges’  (the  Judicial  Council),  which  is  an  important 
guarantee  for  the  independence  of  judges  and  courts.  Moreover,  the  Constitutional  Court 
underlined  that,  after  the  Judicial  Council  provides  its  advice,  neither  the  President  of  the 
Republic, nor Parliament has the powers to assess its validity or lawfulness, stressing that if 
such  reassessment  would  be  possible,  this  would  amount  to  disregarding  the  constitutional 
powers of the Judicial Council.  

Initiatives to support integrity in the justice system continue to be implemented. The 2022 
Rule  of  Law  Report  took  note  that  a  central  entity  responsible  for  the  creation  of  an 
environment resistant to corruption in the entire judicial system had been established, operating 
within the National  Courts Administration (NCA)24. The position of an ‘integrity officer of 

18   Information received from the Ministry of Justice in the context of the country visit to Lithuania. According 
to the jurisprudence of the  Constitutional Court (judgment of 9 May 2006),  the President  may not  make a 
decision on the appointment, promotion or transfer of a judge without the proposal of Judicial Council. 
19   The Judicial Council submitted comments in this regard during the consultation of the draft law, which were 
not considered (information received from the Judicial Council in the context of the country visit to Lithuania). 
See  also  contribution  from  the  Association  of  European  Administrative  Judges  for  the  2023  Rule  of  Law 
Report, p. 14. 

20   Figure 56, 2023 EU Justice Scoreboard. 
21   Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 47. The 
Court  of  Justice  of  the  European  Union  has  underlined  that  it  is  necessary  to  ensure  that  the  substantive 
conditions and procedural rules governing the adoption of judicial appointment decisions are such that they 
cannot  give  rise  to  reasonable  doubts,  in  the  minds  of  individuals,  as  to  the  imperviousness  of  the  judges 
concerned to external factors and as to their neutrality with respect to the interests before them, once they have 
been  appointed  as  judges  (see  e.g.  Court  of  Justice  of  the  European  Union,  judgment  of  20  April  2021, 
Repubblika, C-896/19, para. 57, and the case law cited. 

22   Information received from the Judicial Council in the context of the country visit to Lithuania. See also 2022 

Rule of Law Report, Country Chapter on the rule of law situation in Lithuania, pp. 3-4. 

23   Constitutional Court, Judgment of 15 April 2022, No. KT45-N3/2022. 
24   2022 Rule of Law Report, Country Chapter on the rule of law situation in Lithuania, p. 6. 

5 

 
                                                           
Lithuanian courts’ has been established, with the objective to ensure the principles of judicial 
independence through instruments of corruption prevention25. Since its creation in March 2022, 
the integrity officer has taken several actions, including the coordination of the implementation 
of the action plan for the prevention of corruption in the Lithuanian judicial system for 2022–
2025, conducting the corruption resilience assessment of the judiciary, as well as creating the 
risk map of the judiciary, intended as a tool for managing corruption appearances within the 
judiciary26. 

The procedure for the partial renewal of the Constitutional Court has been finalised and 
has  triggered  discussions  on  the  need  to  regulate  ‘revolving  doors’.  Pursuant  to  the 
Constitution27, one third of the judges of the Constitutional Court should be renewed in 2023, 
namely the three judges whose term of office of nine years has expired on 16 March 2023. The 
selection procedures were initiated on 16 December 2022 and on 16 March 2023, Parliament 
appointed three new judges from candidates submitted by the President of the Republic, the 
Speaker of Parliament, and the President of the Supreme Court. The procedure did not suffer 
delays, unlike for the previous partial renewal in 202028, although no amendments have been 
introduced  to  improve  the  rules  concerning  the  appointment  of  constitutional  judges,  in 
particular regarding the terms of presentation of new candidacies in case the first submission 
fails29. The selection procedures have triggered discussions among legislators and within the 
judiciary on the need to regulate ‘revolving doors’ in the Constitutional Court30, as currently 
there are no limitations for political officials to become a justice of the Constitutional Court if 
the  other  requirements  set  out  in  the  Constitution  are  met31.  Certain  limitations  on  political 
activities for judges of the Constitutional Court apply after their appointment32. 

Concerns regarding the respect for professional secrecy of lawyers are still present. As 
noted in the 2022 Rule of Law Report33, concerns regarding alleged control of communications 
between lawyers and their clients led the Bar Association to bring an application before the 
European Court of Human Rights34, and the case remains pending35. Moreover, new concerns 
emerged  after  certain  meetings  of  detained  persons  with  their  lawyer  in  police  detention 
facilities  had  been  subject  to  video  surveillance36.  In  this  respect,  the  Police  Department 

25   In line with the Law on Corruption Prevention, the integrity officer is an independent body, whose functions 
include, among others, investigating or participating in the investigation of corruption offences in the judiciary; 
conducting a determination of the likelihood of corruption; carrying out anti-corruption assessments of draft 
legislation; conducting a corruption resilience assessment; controlling and monitoring the declaration of public 
and private interests; organising anti-corruption awareness-raising for the staff; drawing up an action plan for 
the prevention of corruption and monitoring its implementation. 

26   Information received from the NCA in the context of the country visit to Lithuania. 
27   Art. 103 of the Constitution. 
28   2021 Rule of Law Report, Country Chapter on the rule of law situation in Lithuania, p. 3. 
29   Information received from the Constitutional Court in the context of the country visit to Lithuania. 
30   Information received in the context of the country visit to Lithuania. See also LRT, ‘Lithuanian parliament 

appoints three Constitutional Court justices’, 16 March 2023. 

31   Being a citizen of the Republic of Lithuania with an impeccable reputation, higher education in law, and not 
less than a 10-year length of service in the field of law or in a branch of science and education as a lawyer, 
according to Art. 103 of the Constitution. 

32   Art. 104, Part 3, of the Constitution. 
33   2022 Rule of Law Report, Country Chapter on the rule of law situation in Lithuania, p. 6. 
34   Application no. 64301/19. 
35   Information received from the Bar Association in the context of the country visit to Lithuania. 
36   Contribution from the Council of Bars and Law Societies of Europe (CCBE) for the 2023 Rule of Law Report, 

p. 10; Contribution from the Lithuanian Bar Association for the 2023 Rule of Law Report, p. 11. 

6 

 
                                                           
informed that no audio recordings were made, and that video recordings were made according 
to the law to ensure security37. It is recalled that, in line with European standards, all necessary 
measures  should  be  taken  to  ensure  the  respect  of  the  confidentiality  of  the  lawyer-client 
relationship38.  The  Bar  Association  has  also  raised  concerns  regarding  the  impact  on  the 
independence of lawyers of the initiation by the Minister of Justice of two disciplinary actions 
against two lawyers39, which were triggered not on the basis of their professional activity, but 
for positions expressed on social media40, which were considered as amounting to a breach of 
the provisions of the Law on the Bar and the Lithuanian Code of Ethics for Advocates regarding 
the provision of information to the public41. In one of the cases initiated, the lawyer submitted 
a request to the court to consider the impartiality of two members of the Disciplinary Court 
who, according to the Law on Bar, are appointed by the Minister of Justice. The Disciplinary 
Court rejected this request42. The disciplinary proceedings remain pending43.  

Quality  

New  legislation  aims  at  addressing  the  serious  concerns  regarding  the  level  of 
remuneration  for  judges,  prosecutors  and  court  staff,  which  has  remained  largely 
unchanged since 2008. The 2022 Rule of Law Report took note of discussions regarding the 
low salaries of judges44. In this context, on 16 September 2022, the General Meeting of Judges 
adopted the ‘Resolution on the situation in the courts of the Republic of Lithuania’, calling on 
Parliament,  the  President  of  the  Republic  and  the  Government  to  address  the  issue  of 
insufficient and inadequate funding of the judicial system and ensure that the salaries of judges 
and persons working in courts are appropriate for their positions45. The concerns regarding low 
salaries  have  also  been  raised  by  the  Judicial  Council,  which  has  warned  of  the  possible 
negative impact of the situation on the independence of the judiciary, recalling also that the 
jurisprudence  of  the  Constitutional  Court  states that  the  material  and  social  guarantees  of  a 
judge must correspond to the judge’s constitutional status and ensure the dignity of the judge46. 
The remuneration of judges has remained largely unchanged since 200847, which has led to a 
discrepancy in salaries compared to other public officials and a material decrease in purchasing 

37   Information received from the Lithuanian Government. 
38   Recommendation No. R(2000)21 of the Committee of Ministers of the Council of Europe on the freedom of 

exercise of the profession of lawyer, para. 6. 

39   According to the Law on Bar, that the Minister of Justice can decide to initiate the disciplinary proceedings. 

See also Figure 65, 2023 EU Justice Scoreboard.  

40   Contribution from the Council of Bars and Law Societies of Europe (CCBE) for the 2023 Rule of Law Report, 

p. 69; Contribution from the Lithuanian Bar Association for the 2023 Rule of Law Report, p. 11. 

41   In one of the cases, the Inspector of Journalist Ethics has confirmed that the lawyer’s disseminated content in 
social media should be considered as disinformation and war propaganda. The Lithuanian Code of Ethics for 
Advocates  provides  that  an  advocate  is  prohibited  from  engaging  in  any  actions  or  conduct,  which  are 
incompatible with honesty, other generally accepted norms of ethics and morality and/or which undermine the 
society’s  confidence  in  advocates,  harm  the  reputation  of  the  Lithuanian  Bar  Association  or  degrade  the 
advocate’s professional title. Information received from the Lithuanian Government.  

42   The Disciplinary Court. has not found reasons to doubt impartiality of its members (information received from 

the Lithuanian Government). 

43   Information received from the Bar Association in the context of the country visit to Lithuania. 
44   2022 Rule of Law Report, Country Chapter on the rule of law situation in Lithuania, p. 6. 
45   Input from Lithuania for the 2023 Rule of Law Report, p. 12. See also Council of the Baltic Associations of 

Judges, ‘Statement regarding the financing of Lithuanian Courts’, of 11 May 2023. 

46   Ibid., p. 13.  
47   Information received from the Judicial Council in the context of the country visit to Lithuania. 

7 

 
                                                           
power48. The Judicial Council expressed concerns that the situation is making the profession 
of judge less attractive, which is shown by unsuccessful selection procedures for judicial office 
due to a lack of suitable candidates. Furthermore, a growing number of judges is resigning, 
while referring to the insufficient remuneration as the reason49. This is expected to result in 
higher workload for the remaining judges and longer court proceedings for parties50. Similar 
concerns were also expressed by public prosecutors51. It should be noted that the entry-level 
salaries for judges and prosecutors in Lithuania, in comparison with the annual average gross 
salary in the country, is among the lowest in the EU52. There are also concerns regarding the 
salaries  of  court  staff,  such  as  judicial  assistants  and  court  hearing  clerks53,  which  leads  to 
difficulties  in  recruiting  qualified  staff54.  The  Constitutional  Court  has  received  two 
applications for constitutional review of the regulation of judicial salaries55. The Government 
prepared draft legislation to improve the civil service system, which includes amendments to 
the remuneration system for judges of the Constitutional Court, ordinary courts, and specialised 
courts56. The draft laws were subject to amendments following discussion in Parliament, and 
adopted on 25 May 202357. The Law on Remuneration of Judges of the Republic of Lithuania 
was promulgated by the President of the Republic, and will come into force on 1 July 2023. 
The  judiciary  has  assessed  these  changes  positively58.  The  provisions  regarding  the  Civil 
Services Reform, as well as civil servants’, including non-judicial court staff’s salaries, shall 
come into force from 1 January 2024 and are considered as a compromise solution. However, 
prosecutors  have  raised  concerns  that  the  proposed  amendments  do  not  clearly  outline  the 
changes  to  prosecutors’  remuneration59,  and  have  expressed  concerns  that  the  fact  that  the 
reform of the civil service does not cover prosecutors will make the profession less attractive60. 
The fact that these amendments do not apply to certain categories of court staff has also been 
criticised61. On 15 June 2023, the President of the Republic, exercising the right of legislative 
initiative,  submitted  to  Parliament  a  proposal  for  amendments  to  the  Law  on  Prosecution 
Service, which, if approved, would provide for an increase of the salaries of prosecutors as of 
1 October 2023. The legislative proposal has not yet been discussed62. According to European 
standards,  judges’  remuneration  should  be  commensurate  with  their  profession  and 

48   Input from Lithuania for the 2023 Rule of Law Report, p. 13. 
49   Ibid.  
50   According to the data of 7 November 2022, there were 74 vacant judicial positions in Lithuania, out of 786. 
51   Input from Lithuania for the 2023 Rule of Law Report, p. 13. 
52   Figure 34, 2023 EU Justice Scoreboard. 
53   Information received from the Judicial Council in the context of the country visit to Lithuania. 
54   Courts are currently looking for up to 100 judicial assistants and more than 70 court hearing clerks (input from 
Lithuania for the 2023 Rule of Law Report, p. 15). It is estimated that 20% of the vacancies for the position 
of assistants to judges of the  Supreme  Court remain vacant. See also  contribution  from the  Association of 
European Administrative Judges for the 2023 Rule of Law Report, p. 17. 

55   The petitioners – two administrative courts – claim that, according to the existing legal regulation, it is not 
clear which criteria determine the amount of judicial salaries, and argue that the judicial salary has not reached 
the level applicable before the economic crisis of 2008 (information received from the Constitutional Court in 
the context of the country visit to Lithuania). 

56   Input from Lithuania for the 2023 Rule of Law Report, p. 14. 
57   Legislative proposal No. X-1771. 
58   Information received from the National Courts Administration. 
59   Input from Lithuania for the 2023 Rule of Law Report, pp. 13-14.  
60   LRT, ‘Grunskienė: civil service reform will increase the gap between the salaries of judges and prosecutors’, 

29 May 2023. 

61   Information received from the Judicial Council and the Supreme Court in the context of the country visit to 

Lithuania. 

62   Information received from the Lithuanian Government. 

8 

 
                                                           
responsibilities, and be sufficient to shield them from inducements aimed at influencing their 
decisions63. 

Amendments to the judicial map have been adopted, which provide for the reorganisation 
of  administrative  courts.  The  2022  Rule  of  Law  Report  took  note  of  discussions  on  the 
reorganisation of the system of regional administrative courts64. On 28 June 2022, Parliament 
adopted a resolution initiating the reorganisation of the regional administrative courts, which 
came into force on 1 January 2023. The reform of the regional administrative courts is expected 
to be implemented as from 1 January 2024 and will introduce a Regional Administrative Court, 
operating  in  the  entire  territory  of  Lithuania,  which  will  replace  the  two  existing  regional 
administrative courts. According to the Law on the Reorganisation of Administrative Courts, 
the  judges  in  the  two  existing  regional  administrative  courts  affected  by  the  reform  will  be 
considered to be appointed to the same chamber of the newly created Regional Administrative 
Court. Therefore, the reform would not lead to a transfer of judges65. The Judicial Council and 
the NCA have been consulted in the context of the preparation of the reform, and have assessed 
it positively66.  

There has been some progress on the reform of the legal aid, while the situation of legal 
aid  providers  remains  to  be  addressed.  The  2022  Rule  of  Law  Report  recommended  to 
Lithuania to  ‘[c]ontinue the reform of the legal  aid  system,  including by  ensuring adequate 
conditions for the participation of legal aid providers, taking into account European standards 
on legal aid’67. As referred in the 2022 Rule of Law Report68, the Government conducted a 
feasibility study to assess the efficiency and quality of the state-guaranteed legal aid system. 
The conclusions of the study indicated that in general the current legal aid system functions 
well, and highlighted areas needing improvement69. Based on the study, amendments to the 
Law  on  State-Guaranteed  Legal  Aid  were  submitted  to  Parliament  in  December  2022.  The 
proposed  amendments  do  not  overhaul  the  existing  system,  but  introduce  more  targeted 
changes, which, according to the Bar Association, do not address the most important concerns 
raised by legal aid providers, such as their workload and remuneration70. The Government has 
announced further steps regarding the remuneration of legal aid providers for 202471. Concrete 
proposals have yet to be presented. Due to the high inflation, the fees for legal aid providers 

63   Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe to member states 
on judges: independence, efficiency and responsibilities, para. 54 and para 33. The Court of Justice of the 
European  Union  has  declared  that  the  receipt  by  the  members  of  the  judiciary  of  a  level  of  remuneration 
commensurate with the importance of the functions they carry out constitutes a guarantee essential to judicial 
independence (Court of Justice of the European Union, judgment of 27 February 2018, C-64/16, Associação 
Sindical dos Juízes Portugueses, ECLI:EU:C:2018:117, para. 45). The Venice Commission has also recalled 
the importance of ensuring a sufficient remuneration of prosecutors (Venice Commission, Independence of 
the Judicial System, Part II: The Prosecution Service, CDL-AD(2010)040, para. 69). 
64   2022 Rule of Law Report, Country Chapter on the rule of law situation in Lithuania, p. 7. 
65   Input from Lithuania for the 2023 Rule of Law Report, p. 7. 
66   Information received from the Judicial Council in the context of the country visit to Lithuania. 
67   2022 Rule of Law Report, Country chapter on the rule of law situation in Lithuania, p. 2. 
68   2022 Rule of Law Report, Country chapter on the rule of law situation in Lithuania, p. 7. 
69   These  include  the  need  for  specialisation  of  lawyers;  balancing  the  workload  of  lawyers;  setting  quality 
standards; and establishing additional measures for the protection of vulnerable groups (input from Lithuania 
for the 2023 Rule of Law Report, p. 3).  

70   Information received from the Bar Association in the context of the country visit to Lithuania. 
71   Input from Lithuania for the 2023 Rule of Law Report, p. 3 

9 

 
                                                           
have de facto become less adequate72. According to European standards, Member States should 
ensure an appropriate level of remuneration for legal aid providers73. Therefore, there has been 
some progress on the implementation of the recommendation made in the 2022 Rule of Law 
Report. 

The use of digital tools in the justice system is widespread. This is the result of the multiple 
developments in the area of digitalisation in recent years, including new regulations on the use 
of videoconferencing in court proceedings to ensure the publicity of hearings, the acquisition 
of laptops and video conferencing equipment for courts as well as the launch of the  Digital 
Service Portal74. The procedural rules allow the use of digital technology in civil, commercial, 
administrative and criminal cases to a large extent. For example, the oral part of the procedure 
can be conducted entirely  via distance  communication technology, including the hearing of 
parties, witnesses and experts75. Furthermore, there are extensive possibilities to initiate and 
follow proceedings in civil, commercial and administrative cases online76. This possibility is 
less extended in criminal cases, leaving room for improvement77.  

Efficiency 

The justice system continues to perform efficiently. According to data in the 2023 EU Justice 
Scoreboard, after increasing in 202078, the disposition time in first instance civil, commercial 
and administrative cases decreased again in 202179, making it one of the lowest in the European 
Union80.  However,  at  higher  instances,  the  disposition  time  in  civil  and  commercial  cases 
increased,  reaching  403  days81.  The  number  of  pending  non-criminal  first  instance  cases 
remained stable and comparatively low at 1.2 per 100 inhabitants82. After the trend of reduction 
of backlogs was interrupted in 202083, it picked-up again in 2021, with courts resolving more 
cases than they receive84. 

Measures to improve the efficiency of the justice systems have been implemented and new 
projects are ongoing. On 1 January 2023, amendments to the Civil Code and to the Code of 
Civil Procedure came into force, which enable the transfer of non-judicial cases to notaries and 
bailiffs85.  This  is  expected  to  result  in  a  reduction  of  approximately  14-15%  in  courts’ 
workload86. Furthermore, the project ‘Improvement of Quality, Services and Infrastructure in 

72   Contribution from the Council of Bars and Law Societies of Europe (CCBE) for the 2023 Rule of Law Report, 

p. 69. 

73   Guidelines of the Committee of Ministers of the Council of Europe on the efficiency and the effectiveness of 

legal aid schemes in the areas of civil and administrative law, CM(2021)36, para. 22. 
74   2022 Rule of Law Report, Country Chapter on the rule of law situation in Lithuania, p. 8.  
75   Figure 42, 2023 EU Justice Scoreboard. 
76   Figure 45, 2023 EU Justice Scoreboard.  
77   Figure 46, 2023 EU Justice Scoreboard.  
78   2022 Rule of Law Report, Country chapter on the rule of law situation in Lithuania, p. 8. 
79   Civil and commercial cases: 106 days in 2021, from 117 days in 2020, Figure 7, 2023 EU Justice Scoreboard. 
Administrative cases: 106 days in 2021, from 112 days in 2020, Figure 9, 2023 EU Justice Scoreboard. 

80   Figures 7 and 9, 2023 EU Justice Scoreboard.  
81   Compared  to  389  days  in  2020.  Figure  8,  2023  EU  Justice  Scoreboard  and  Figure  8,  2022  EU  Justice 

Scoreboard. 

82   Figure 13, 2023 Justice Scoreboard.  
83   2022 Rule of Law Report, Country chapter on the rule of law situation in Lithuania, p. 8. 
84   Figure 10, 2023 EU Justice Scoreboard. 
85   Input from Lithuania for the 2023 Rule of Law Report, pp. 20, 21. 
86   Information received from the Ministry of Justice in the context of the country visit to Lithuania.  

10 

 
                                                           
Lithuanian Courts’ is ongoing87. In this context, a study aimed at enhancing the quality of the 
conduct of judicial proceedings and at ensuring a more effective implementation of justice, was 
finalised88.  A  study  on  strengthening  the  competency  of  court  managers  for  effective 
management of judicial resources is being prepared89. 

II. 

ANTI-CORRUPTION FRAMEWORK  

The Ministry  of Justice  and the Special  Investigation Service (STT)  are  the main bodies in 
charge of the coordination of anti-corruption preventive measures at national level. The Chief 
Official  Ethics  Commission  supervises  the  ethics  standards  in  public  administration. 
Furthermore,  the  STT  is  tasked  with  preparing  and  implementing  certain  anti-corruption 
preventive measures. The task to fight against corruption is shared among several authorities. 
The STT has competences to detect and investigate corruption-related criminal offences and 
conduct  pre-trial  investigations,  and  is  in  charge  of  investigating  most  serious  corruption 
crimes90. The Prosecution Service organises and coordinates pre-trial investigations and may 
also decide to conduct the entire or part of the pre-trial investigation by itself.  

The perception among experts and business executives is that the level of corruption in 
the  public  sector  remains  relatively  high.  In  the  2022  Corruption  Perceptions  Index  by 
Transparency International, Lithuania scores 62/100 and ranks 12th in the European Union and 
33rd globally91. This perception has been relatively stable over the past five years92. The 2023 
Special  Eurobarometer  on  Corruption  shows  that  83%  of  respondents  consider  corruption 
widespread in their country (EU average 70%) and 21% of respondents feel personally affected 
by  corruption  in  their  daily  lives  (EU  average  24%)93.  As  regards  businesses,  62%  of 
companies consider that corruption is widespread (EU average 65%) and 17% consider that 
corruption  is  a  problem  when  doing  business  (EU  average  35%)94.  Furthermore,  35%  of 
respondents find that there are enough successful prosecutions to deter people from  corrupt 

87   Input from Lithuania for the 2023 Rule of Law Report, p. 20. 
88   The  study  mapped  the  main  organisational,  legal  and  technical  issues  considered  to  be  detrimental  to  the 
effectiveness of the justice system, and on this basis addressed recommendations, both regarding aspects of 
the  organisation  of  judicial  procedures,  and  regarding  targeted  legal  amendments  (National  Courts 
Administration, ‘Study of the Conduct of Judicial Proceedings’).  

89   Input from Lithuania for the 2023 Rule of Law Report, p. 21. 
90   Other  investigation  authorities  are  the  police,  the  State  Border  Guard  Service,  the  Financial  Crime 
Investigation  Service  and  Custom  but  their  competence  is  limited  to  offences  committed  by  one  of  their 
officials.  

91   Transparency International, Corruption Perceptions Index 2022, pp. 2-3. The level of perceived corruption is 
categorised as follows: low (the perception among experts and business executives of public sector corruption 
scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-50), high (scores 
below 50). 

92   In 2018 the score was 59, while, in 2022, the score is 62. The score significantly increases/decreases when it 
changes  more  than  five  points;  improves/deteriorates  (changes  between  4-5  points);  is  relatively  stable 
(changes from 1-3 points) in the last five years.  

93   Special Eurobarometer 534 on Corruption (2023). The Eurobarometer data on citizens’ corruption perception 

and experience is updated every year. The previous data set is the Special Eurobarometer 523 (2022). 

94   Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023). The Eurobarometer 
data  on  business  attitudes  towards  corruption  as  is  updated  every  year.  The  previous  data  set  is  the  Flash 
Eurobarometer 507 (2022). 

11 

 
                                                           
practices  (EU  average  32%)95,  while  38%  of  companies  believe  that  people  and  businesses 
caught for bribing a senior official are appropriately punished (EU average 30%)96. 

Full progress has been made regarding the implementation of the anti-corruption agenda 
2022-2033. The 2022 Rule of Law Report recommended to Lithuania to ‘start implementing 
the anti-corruption agenda 2022-2033’97. As reported in the 2022 Rule of Law Report98, on 28 
June 2022, Parliament approved the new anti-corruption agenda 2022-203399. On 3 May 2023, 
the  first  implementation  plan  of  the  National  Anti-Corruption  Agenda  for  2023-2025  was 
adopted and is now being implemented100. The OECD has formulated a number of suggestions 
in  relation  to  ensuring  the  appropriate  implementation  of  the  anti-corruption  agenda  2023-
2033101. Therefore, the 2022 Rule of Law Report recommendation has been fully implemented. 

The  effect  of  the  revised  law  on  corruption  prevention  remains  to  be  assessed.  As 
mentioned in the 2022 Rule of Law Report102, a revised Law on Prevention of Corruption103 
entered  into  force  on  1  January  2022.  It  aims  at  a  more  coordinated  systemic  approach  on 
prevention  of  corruption  by  making  all  public  sector  institutions  responsible  for  mitigating 
corruption  risks.  Stakeholders  welcomed  the  new  rules.  Currently,  the  methodologies  for 
evaluation of the implementation of the new law are being elaborated. By 1 March 2025, the 
Ministry of Justice is expected to assess the impact of the new legislation and, if needed, submit 
proposals  for  improvements104.  The  Special  Investigation  Service  (STT),  responsible  for 
monitoring the implementation of the Law, is currently receiving a high number of inquiries 
regarding the functioning of the new Law105. The STT also reported on the increasing number 
of notifications received in accordance with the obligation for public sector employees to report 
cases of potential corruption known to them under the Law on Prevention of Corruption. As 
part of their reporting obligations, individuals submitted 97 notifications in 2022, which is an 
increase of 45% in comparison to 2021, when 67 reports were received106. In order to improve 
the anticorruption capacities of public sector officials, STT launched an ‘Integrity Academy’ 

95  Special Eurobarometer 534 on Corruption (2023).  
96   Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023).  
97   2022 Rule of Law Report, Country chapter on the rule of law situation in Lithuania, p. 2. 
98   2022 Rule of Law Report, Country chapter on the rule of law situation in Lithuania, p. 10. 
99   Resolution No. XIV-1178 of 28 June 2022.  
100  Ministry of Justice, Press release of 3 May 2023 ‘E. Jablonskas: initiatives on digitalisation and data opening 
will contribute to an anti-corruption breakthrough’. Based on the risks identified in 2022, the draft Plan for 
implementation of National  Anti-Corruption  Agenda  in the period of 2022-2025 (Order No 324 of 3 May 
2023)  foresees,  among  others,  9  measures  in  the  field  of  health  protection,  7  measures  to  reduce  risk  of 
corruption  in  territorial  planning  and  construction  supervision,  4  measures  to  reduce  risk  of  corruption  in 
environmental protection. Input from Lithuania for the 2023 Rule of Law Report, pp. 32-36. 

101  Those are related i.a. enhancing transparency, ensuring the continuous engagement of stakeholders as well as 
considering  to  broaden  its  scope  additional  elements,  such  as  money  laundering,  foreign  bribery  and  asset 
recovery  (OECD,  Review  of  Lithuania’s  National  Agenda  on  the  Prevention  of  Corruption:  Strengthening 
Public Sector Integrity Strategies, p. 89-90). 

102  2022 Rule of Law Report, Country chapter on the rule of law situation in Lithuania, p. 10. 
103  Law No. XIV-471, of 29 June 2021, Amending Law No. IX-904 on the Prevention of Corruption. 
104  Information received from STT in the context of the country visit to Lithuania.  
105  Based on the Chapter V, Law No. XIV-471, of 29 June 2021, Amending Law No. IX-904 on the Prevention 

of Corruption. Information received from STT in the context of the country visit to Lithuania. 

106  Special Investigation Service, 2022 Activity Report, p. 41. 

12 

 
 
                                                           
which is a learning platform aimed at sharing best practices107. In addition, STT launched an 
e-learning platform108 for public sector entities, which has already more than 35 000 users and 
issued more than 50 000 digital certificates. 

Investigations and prosecutions of corruption-related offences continue to be carried out 
efficiently.  In  2022,  126  pre-trial  investigations  were  ongoing  in  STT  and,  71  pre-trial 
investigations were opened specifically in 2022109. The STT closed and brought to court 33 
pre-trial  investigation  cases  in  2022,  which  constitutes  an  increase  of  6  cases  compared  to 
2021110. The courts dealt with 69 criminal cases in 2022, where the pre-trial investigation was 
conducted by STT officers. As in 2021, 74 persons were found guilty in 59 criminal cases (or 
86 % of all cases handled) by the Court, of which 70 were convicted and 4 exempted from 
criminal liability111. At the same time, the proportion of final acquittals for corruption-related 
offences remains much higher than the average ratio of acquittals for criminal offences112. For 
2022,  the  STT  reports  investigations  in  seven  high-level  and  complex  corruption  cases  and 
other five cases involving EU funds, including one case carried out by the EPPO113. The most 
common sanction for corruption-related offences is a fine (83% of total sanctions imposed by 
courts in 2022)114.  

Public procurement remains a high-risk area for corruption, with further dedicated anti-
corruption  measures  being  prepared.  Planning  and  executing  public  procurement, 
overseeing the performance of public purchase are still some of the riskiest areas for corruption 
in Lithuania115. Lithuania still faces some challenges related to the public procurement market 

107  Over  the  last  1,5  years,  more  than  four  thousand  public  sector  representatives  have  participated  in 
Investigation  Service,  official  website, 

Integrity  Academy,  Special 

anticorruption 
https://skaidrumoakademija.lt/apie/. 

sessions. 

108  Available at: emokymai.stt.lt 
109  In 2022, STT received 4729 reports from individuals on possible breaches (8.7 % increase in the number of 
reports compared to 2021) which led to opening of 28 pre-trial investigations were opened at the Office in 
2022 (which represent 5 more investigations based on reports from individuals in comparison to 2021). Special 
Investigation Service, 2022 Activity Report, pp. 16, 20. 
110  Special Investigation Service, 2022 Activity Report, p. 25. 
111  Special  Investigation  Service,  2022  Activity  Report,  p.  32.  E.g.  in  October  2022,  the  Court  of  Appeal  of 
Lithuania maintained the effect of the judgment of the court of first instance, which found the Political Party 
‘Order and Justice’, currently undergoing liquidation, and five natural persons guilty of trading in  influence 
and of other corruption crimes. The fine of EUR 112 000 was upheld, and the assets belonging to the party, 
worth more than EUR 279 000, were confiscated. Special Investigation Service (2022), Political party "Order 
and  Justice"  and  5  persons  remain  convicted  of  corrupt  crimes  of  26  October  2022;  Special  Investigation 
Service (2022), A former adviser to the State Labour Inspectorate was found guilty of bribery and trafficking 
in influence – a fine of EUR 7000 was imposed of 18 November 2018. 

112  In 2020: general percentage of acquittals versus percentage of acquittals in corruption offences was 1,5%/ 6%, 
in 2021 it was 1.4%/11%, and in 2022 it was 1.9%/18%. Information received from the Prosecution Service 
in the context of the country visit in Lithuania. 

113  EPPO, ‘Tobacco smuggling case leads to first EPPO indictment in Lithuania’ (Press release of 28 January 
2022).  EPPO  reports  good  cooperation  with  Lithuania  but  calls  for  more  support  from  the  authorities 
(Contribution from the EPPO for the 2023 Rule of Law Report, p. 40-41). Also, media report a possible large 
case of corruption regarding the misuse of public allowances involving high-ranked public officials. 

114  Input from Lithuania for the 2023 Rule of Law Report, p. 39. 
115  In June 2022, 15 suspects who were allegedly involved in an illicit enrichment worth at least EUR 250 000 
and linked to a public procurement procedure funded by the European Union (EU), were arrested. They illicitly 
enriched  themselves  by  acting  with  representatives  of  private  companies  that  paid  them  for  services.  The 
payments  of  these  services  might  have  been  used  to  obtain  favourable  treatment  in  public  procurement 
procedures  organised  and  carried  out  by  the  National  Food  and  Veterinary  Risk  Assessment  Institute  and 
financed by EU funds (Special Investigation Service (2022), 15 arrests and 50 seizures in Lithuania in illicit 

13 

 
                                                           
and  its  lack  of  competition116,  even  though  the  experience  of  businesses  in  dealing  with 
potentially  corrupt  situations  in  public  procurement  has  decreased  significantly117.  Those 
challenges118  will  be  addressed  through  reforms  to  promote  the  centralisation  of  public 
procurement and the professionalisation of staff119. The Public Procurement Office is planning 
to  launch  a  new  e-procurement  system,  ‘SAULE’,  in  the  second  half  of  2023120.  The  new 
system is expected to address corruption risks by allowing for easier gathering, handling and 
analysis of public procurement data throughout the procurement process, which is expected to 
become simpler and more user friendly. The system is expected to be integrated with other 
state  registers  such  as  the  Register  for  Private  Interests  (PINREG).  The  draft  Plan  for  the 
implementation of the National Anti-Corruption Agenda in the period of 2022-2025 envisages 
two measures to reduce the risk of corruption in public procurement121. As a follow-up to the 
STT detected risks to public procurement, amendments were put forward to the Law on Public 
Procurement  in  December  2022.  These  amendments  aim  at  increasing  transparency  and 
facilitate control in the area of public procurement122. 

Shortcomings remain in relation to the investigation and prosecution of foreign bribery 
cases. Lithuania committed to investigating bribery of foreign officials abroad by businesses 
and their employees in 2017, when it signed the OECD Convention on Combating Bribery of 
Foreign Public Officials in International Business Transactions123. A recent report concerning 
the implementation of this OECD Convention puts Lithuania among countries with ‘little or 
no enforcement’ related to deterring and investigating foreign bribery for the period 2018-2021 
which constitutes a decrease from the previous reporting period when enforcement in Lithuania 

enrichment case amounting to EUR 250 000, of 14 June 2022). See also Special Investigation Service, 2022 
Activity Report, p. 50. The Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU 
(2023) shows that 25% of companies in Lithuania (EU average 26%) think that corruption has prevented them 
from winning a public tender or a public procurement contract in practice in the last three years. 

116  The percentage of single bids has increased significantly in the last two years (28% in 2020 to 34% in 2022). 
Moreover, the number of contracts awarded based on the lowest price remains above the EEA average at 93%. 
2023 European Semester Country Report for Lithuania, p. 12. 

117  According to the survey, 24% of CEOs said they encountered with collusive bidding (31% in 2021), 23% – 
tailor-made criteria for a certain participant (37% in 2021), 23% – public contracts that were usually signed 
with the same participants (32% in 2021), 11% – contract winner was known in advance (17% in 2021), 10% 
– contract was awarded due to personal connections (20% in 2020), 8% – contract was awarded due to political 
pressure (14% in 2021). Lithuanian Corruption Map 2022/2023. 

118  Those are related to the high number of awards with a single bidder, low levels of centralised procurement and 
reliance on price criteria for making award decisions (2023 European Semester Country Report for Lithuania, 
p. 55). 

119  2023 European Semester Country Report for Lithuania, p. 57. 
120  The progress of the project can be followed here: SAULE IS projekto eiga | Viešųjų pirkimų tarnyba (lrv.lt). 
121  Firstly,  it  is  to  create  and  implement  a  digital  tool  that  would  ensure  the  integrity  and  openness  of  public 
procurement  data  and  would  enable  to  conduct  analysis  and  make  databased  decisions.  Secondly,  it  is  to 
analyse the practice of application of the institute of unreliable suppliers and factors potentially reducing the 
effectiveness of the application of this institute (Input from Lithuania for the 2023 Rule of Law Report, p. 36). 
122  These amendments, among others, aim to  establish the duty of procuring organizations  while reporting on 
public procurement to inform the Public Procurement Office about the persons (names and surnames) that 
were  related  to  the  procurement  (employees  of  the  procuring  organisation,  initiators  of  the  procurement, 
members  of  the  procurement  commission,  experts,  and  observers),  if  these  persons  have  an  obligation  to 
provide  declarations  of  interest  according  to  the  Law  (Information  received  from  STT  in  the  context  of  the 
country visit to Lithuania). 

123  OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. 

14 

 
                                                           
was identified as ‘limited’124. Currently there are two ongoing investigations regarding foreign 
bribery125. 

Further measures were taken in view of an efficient implementation of the integrity rules. 
While stakeholders consider PINREG126 to be well functioning127, it is reported that in some 
cases  politicians  started  to  declare  less  interest  due  to  flexibility  of  the  current  rules  which 
rendered  optional  providing  some  categories  of  information128.  The  Chief  Official  Ethics 
Commission  (COEC)  is  currently  completing  the  testing  of  the  Official  Ethics  Standards 
Framework  (TESS)  which  is  an  interactive  platform  for  the  official  ethics  advisers  and  a 
module of PINREG. This platform is expected to provide access to training materials prepared 
by  the  COEC129.  Furthermore,  the  COEC  created  a  website130  aimed  at  expanding  the 
knowledge of persons working in the civil service in the areas of declaration, management of 
conflicts of interest, restrictions after the end of the service and other areas of implementation 
of the provisions of the Law on the Adjustment of Public and Private Interests (LAPPI).  

The  current  rules  concerning  lobbying  give  positive  results  in  terms  of  submitted 
declarations. Data show that politicians have started disclosing their meetings and do this on 
a larger scale compared with the previous years131. According to the COEC report, the number 
of registered lobbyists raised from 255 in 2021 to 295 in 2022132. Stakeholders consider the 

124  Exporting Corruption, Transparency International, Report,  2022. A Phase 3 Report by the OECD Working 

Group in Bribery is expected to be delivered at the end of 2023. 

125  Information received from STT in the context of the country visit to Lithuania. 
126  The PINREG is intended not only for declaring persons, but also for the public, whose members can easily 
search  for relevant declarations of private interests, as  well as  for the  management of  the institution or its 
authorised representatives, who can create in the PINREG the structure of the institution, the list of declaring 
employees, easily analyse the data of their declarations of private interests, and ensure control (COEC Annual 
Activity Report 2021, p. 16). 

127  Information received from COEC, STT and Transparency International in the context of the country visit in 

Lithuania. 

128  Information received from Transparency International in the context of the country  visit  to Lithuania. It is 
raised that the new system made the persons in question declare less information in practice. There are initial 
discussions on bringing further clarity to this process regarding mandatory and optional elements. Information 
received from COEC and Transparency International in the context of the country visit in Lithuania. 

129  The  aim  is  to  build  and  strengthen  the  network  of  the  official  ethics  advisers  responsible  for  monitoring 
compliance with the Law on Adjustment of Public and Private Interests (LAPPI) in public sector institutions. 
TESS consists of three main components: the Official Ethics Adviser Knowledge Centre, the 24/7 Official 
Ethics  Training  and  the  Official  Ethics  Level.  The  official  ethics  advisers  will  be  able  to  improve  their 
knowledge in the field of implementing the LAPPI, as well as be able to train other employees, adapting the 
training material according to the relevant needs of their institution, activity or specific needs of employees’ 
input. 

130  Information available at: www.prevencijavtek.lt. 
131  Data shows that politicians most often meet with business representatives (1 418 meetings in total), education, 
culture, and sport professionals (1 002) and healthcare sector representatives (955). Only one politician from 
Lithuanian municipalities declared a meeting with an official lobbyist. More municipal representatives publish 
their meetings (Transparency International Lithuania (2022), One third more municipal leaders publicise long-
term agendas, 14 June 2022).  

132  COEC Annual Activity Report 2022, p. 9. 

15 

 
                                                           
online  Register  of  Lobbyists  and  of  lobbying  activities,  SKAIDRIS133,  to  be  well 
functioning134.  

The  implementation  of  the  Law  on  the  Adjustment  of  Public  and  Private  Interests 
(LAPPI) continues to be carried out efficiently. In 2022, 55 complaints were submitted to 
the COEC regarding potential violation of provisions on conflicts of interest covered by the 
LAPPI. COEC opened 47 investigations into possible violations of the provisions of LAPPI135. 
Overall, in 2022, there were fewer appeals136 to courts against decisions issued by COEC and 
the number of opinions and recommendations issued by COEC is on the rise137. 

New rules have been adopted regarding the accountability for the financing of political 
parties and political campaigns. In view of addressing the challenges of properly controlling 
and  monitoring  election  committees  for  municipal  elections138  by  the  Central  Electoral 
Commission139, the Parliament adopted the new Electoral Code in June 2022140. The new code 
establishes  procedures  and  accountability  for  the  financing  of  political  parties  and  political 
campaigns. Under the new rules, election committees that can put forward lists of candidates 
for municipal and European Parliament elections will have to be established as legal entities at 
least six months before the elections. Based on the new rules, legal persons are prohibited from 
making any form of donations to political parties or political campaigners and paid political 
advertising is regulated more strictly.  

The  whistleblower  protection  legislation  is  being  efficiently  implemented.  In  2022,  the 
Office of the Prosecutor General recognised 31 persons as whistleblowers (in comparison to 
43 persons in 2021)141. In 2022, in line with the GRECO recommendation142, the Prosecutor 
General’s Office organised training on whistleblowing and the protection of whistleblowers for 

133  SKAIDRIS, 

the  Register 

and 
https://skaidris.vtek.lt/public/lobbyistDeclaration/listPublic?filter=%7B%22page%22:1,%22pageSize%22:1
0,%22dateRange%22:%7B%7D%7D. 

of  Lobbyists 

official  website, 

activities 

lobbying 

of 

134  Information  received  from  the  Prosecution  Service  and  Transparency  International  in  the  context  of  the 

country visit to Lithuania.  

135  COEC Annual Activity Report 2022, p. 12. 
136  The indicator is considered achieved if the share of appealed decisions is below 40% of the number of decisions 
adopted  regarding  possible  violations  by  the  COEC  in  the  respective  calendar  year.  In  2022,  8  out  of  60 
decisions were appealed (against 12 out of 92 in 2021). COEC Annual Activity Report 2022, p. 5. 

137  The opinions and recommendations of the COEC aim to provide information on the implementation of specific 
provisions of LAPPI to instruct declarants on the specific actions or standards of conduct which they should 
follow. The outcome indicator chosen in the COEC Action Plan to monitor this task is the number of opinions 
and  recommendations  made  by  the  COEC.  The  target  is  to  steadily  increase  the  number  of  opinions  and 
recommendations provided by the COEC by 5% annually from the starting year 2021. The initial target of 300 
opinions  and  recommendations  was  set  in  2021.  In  2022, 468 opinions  and  recommendations  were  issued 
against 400 in 2021. COEC Annual Activity Report 2022, p. 6. 

138  Every citizen has the right form committees to be able to compete in elections; however, they were not obliged 
to  financial  accountability  after  the  elections  ended.  Additionally,  those  committees  were  often  linked  to 
corporate interests.  

139  The financing of political parties and of political campaigns is monitored by the Central Electoral Commission. 
It  is  the  state  institution  responsible  for  organising  and  conducting  elections  and  referendums,  be  it  the 
elections of the Parliament, the President of Lithuania, mayors or municipal councils.  

140  Electoral Code, No. XIV-1154, of 22 June 2022.   
141  Input from Lithuania for the 2023 Rule of Law Report, p. 31. 
142  GRECO  recommended  a  dedicated  training  and  awareness-raising  activities  on  whistleblowing  and  the 
protection of whistleblowers for all levels of hierarchy and chains of command in the Police and State Border 
Guard Service. GRECO Fifth Evaluation Report – Evaluation Report on Lithuania, p. 60. 

16 

 
                                                           
all levels of hierarchy and chains of command in the Police and State Border Guard Service, 
prosecutors and other employees of the Prosecutor’s Office, judges and other employees of the 
judicial system and attorneys143. In 2022, information and advice with regard to the application 
of the rules in place was provided by the Prosecutor's Office to 265 persons which is regarded 
as  an  important  awareness-raising  tool144.  Furthermore,  the  representatives  of  Prosecutor 
General’s Office participated in various events to make the general public aware of the issues 
related to whistleblower protection. STT continued to carry out an information and awareness 
campaign to inform the public about how to report corruption crimes and to encourage it to do 
so145.  

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

In Lithuania, the legal framework concerning media pluralism and media freedom is based on 
constitutional safeguards and sectorial legislation. The Constitution prohibits censorship and 
monopolisation  of  the  media  and  guarantees  the  right  to  freedom  of  expression  and 
information. The Law on the Provision of Information to the Public is the main media law. 
Access to information held by public authorities is regulated by the Law on the Right to Obtain 
Information and Data Reuse. The institutional framework consists of the Lithuanian Radio and 
Television Commission (LRTK), the Office of the Inspector of Journalist Ethics and the Public 
Information Ethics Association146. 

The legal framework concerning the regulator for audiovisual media services has been 
revised to expand its tasks and to clarify the independence requirements. In September 
2022, the Law on the Provision of Information to the Public was amended147 to prohibit the 
retransmission and internet distribution of TV and radio channels and programmes that can be 
linked  to  Russia  or  Belarus,  except  when  authorised  by  the  LRTK.  For  the  purposes  of 
implementing  that  prohibition  and  for  the  purposes  of  implementing  the  EU  restrictive 
measures applicable to Russian and Belorussian outlets, the LRTK monitors media content on 
websites  and  can  issue  blocking  orders  in  case  of  detected  violations148.  Another  recent 
amendment149 of the  Law  clarified the independence requirements  applicable to  the  LRTK, 

143  Input from Lithuania for the 2023 Rule of Law Report, p. 30. 
144  Based  on  the  current  rules,  information  and  advice  to  individuals  on  whistleblower  protection  issues  are 
provided both by phone (Hotline for Whistleblowers) and upon arrival at the Prosecutor's Office. For example, 
competent employees can advise persons on how to fill up report form and what documents and information 
needs to be provided. Information and advice are also provided to the persons who already have the status of 
whistleblower  and  have  experienced  adverse  actions  against  them  or  wish  to  receive  legal  assistance 
guaranteed by the state. Input from Lithuania for the 2023 Rule of Law Report, p. 30. 

145  The campaign ‘Corruption is a vanishing species’ aimed at informing the public about how to report corruption 
crimes and to encourage it to do so. Various campaign elements (video on the national TV and social media, 
public transport, outdoor stand, “YouTube” bumper ads, banners in local news portals, visuals in social media) 
were shown about 3 million times. After this campaign, the number of received reports increased. In the first 
week of the campaign the number of reports received increased by 81% (comparing to the week before the 
campaign start). During the first month of the campaign STT received 40% more reports (comparing to the 
same month of the previous year), during the second month 19%. Proportion of anonymous reports decreased 
3.5 times. Input from Lithuania for the 2023 Rule of Law Report, p. 30-31. 

146  Lithuania ranks 7th in the 2023 Reporters without Borders World Press Freedom Index compared to 9th in the 

previous year.  

147  Law No XIV-1425 of 22 September 2022. 
148  Information received from LRTK in the context of the country visit to Lithuania. One such order was issued 

on 8 March 2023. 

149  Law No XIV-1079 of 12 May 2022. 

17 

 
                                                           
stipulating that the chair and deputy chair cannot engage in any other activity, except academic 
work and creative activities that do not give rise to a conflict of interest. The Media Pluralism 
Monitor (MPM 2023) reports a very low risk for the independence and effectiveness of the 
media authority 150. 

Legislation to improve the effectiveness and impartiality of media self-regulatory bodies 
was  adopted.  Following  public  discussions  about  the  effectiveness  and  impartiality  of  the 
Public  Information  Ethics  Commission;  the  composition  of  the  Public  Information  Ethics 
Association; and the extent to which the functioning of media self-regulation bodies should be 
prescribed  by  law  in  2021151,  a  parliamentary  working  group  completed  its  review  of  the 
applicable legal provisions and proposed legislative amendments in 2022152. The amendments, 
adopted on 25 May 2023153, in particular broaden the composition of the Ethics Commission 
by including the representatives of public service media (LRT) and the Media Council together 
with academia. 

To enhance the transparency of media ownership, the Ministry of Culture continued to 
develop  the  publicly  available  Information  System  of  Producers  and  Disseminators  of 
Public  Information.  As  mentioned  in  the  2022  Rule  of  Law  Report,  the  system,  called 
‘VIRSIS’ and envisaged by the Law on the Provision of Information to the Public and Strategic 
Directions of the Public Information Policy 2019-2022, provides data on media owners and 
amounts of funds obtained from public bodies154. The system is rolled out progressively: media 
service providers have to submit their ownership data by 30 June 2023. In order to facilitate 
the roll-out, the Ministry organised training for the market players. Civil society organisations 
contribute to improving the transparency of the media market too155. According to the MPM 
2023, media ownership transparency is at low risk156. While news media concentration is very 
high, Lithuanian law does not provide for specific rules on market concentration in the media 
sector157. 

Transparency of state advertising expenditure has been improved, and a reform of media 
funding  has  been  launched.  State  advertising  is  allocated  to  media  under  the  public 
procurement  rules  and,  in  the  case  of  production  of  TV  and  radio  programmes,  under  the 
specific rules adopted by the Government. As of 2023, public institutions and bodies have to 
make  information  about  the  funds  they  have  used  for  state  advertising  public  on  their 
websites158.  In  order  to  improve  the  financial  support  to  the  media,  legislative  amendments 
establishing a new Media Support Fund were adopted159. The reform strengthens efficiency, 
flexibility  and  self-governance  of  media  funding  that  will  be  channelled  through  four  main 
programmes: news, investigative and educational journalism, cultural media, regional media 
as  well  as  media  in  the  languages  of  national  minorities  and  media  of  the  Lithuanian 

150  2023 Media Pluralism Monitor, country report for Lithuania, p. 13.  
151  2022 Rule of Law Report, Country chapter on the rule of law situation in Lithuania, p. 14. 
152  Input from Lithuania for the 2023 Rule of Law Report, p. 45. 
153  Law No XIV-2018 of 25 May 2023. 
154  2022 Rule of Law Report, Country chapter on the rule of law situation in Lithuania, p. 14. 
155  The  Lithuanian section of Transparency  International  has  created a  website called  ‘S.T.I.R.NA’  to present 

information on media owners in a structured and easily accessible way. 

156  2023  Media  Pluralism  Monitor,  country  report  for  Lithuania,  p.  14.  Nevertheless,  MPM  2023  notes  that 
disclosure of news media ownership is effectively provided to public bodies and the public only partially. 

157  2023 Media Pluralism Monitor, country report for Lithuania, p. 14-15. 
158  Law No XIV-1080 of 12 May 2022. 
159  Law No XIV-1904 of 25 April 2023. 

18 

 
                                                           
diaspora160.  Also,  amended  legislation  now  allows  to  partially  compensate  the  costs  of  the 
delivery of newspapers and magazines in cities that fall into sparsely and moderately densely 
populated residential areas. According to the MPM 2023, ‘state regulation of resources and 
support to the media sector’ are at low risk161. 

The public service broadcaster continues to operate independently, under a robust legal 
framework.  The  Law  on  the  Provision  of  Information  to  the  Public  guarantees  editorial 
independence by prohibiting to exert influence on media, their owners and journalists with the 
objective of obtaining incorrect or biased reporting162. The Law on Lithuanian National Radio 
and  Television  contains  specific  and  robust  safeguards  for  the  independence  of  LRT,  in 
particular its independent governance163. The recent elections of the Director General of LRT 
resulted in a split vote with none of the two candidates gaining the required number of votes164. 
The  new  competition  will  take  place  in  autumn  2023.  According  to  the  MPM  2023, 
‘independence of public service media’ is at low risk165. 

Significant progress has been made on access to official documents, as several measures 
were taken to improve journalists’ access to information held by public authorities and 
bodies. The 2022 Rule of Law Report recommended to Lithuania to “continue improving the 
practice of granting access to official documents, in particular by making sure that the grounds 
for rejection of disclosure requests are not used to unduly limit access, including by journalists, 
taking  into  account  European  standards  on  access  to  official  documents”166.  The  December 
2022 amendments to the Real Estate Registry Law improved journalists’ access to the data of 
the Registry167. As a result of participation in an EU-funded project168 aimed at finding practical 
ways  to  reconcile  personal  data  protection  requirements  and  freedom  of  expression  and 
information, the Office of the Inspector of Journalist Ethics issued guidance on the matter in 
February 2023. The guidance underlines the role of media as a watchdog and the possibility to 
get access to personal data in that context. Furthermore, it contains a step-by-step guide helping 
the  public  authorities  and  bodies  to  decide  whether  to  disclose  personal  data,  and  provides 
templates for journalists’ requests169. It remains to be seen to what  extent the guidance will 
improve journalists’ access to information held by public authorities and bodies in practice. In 
view  of  these  measures,  there  has  been  significant  progress  in  addressing  the  2022 
Recommendation. 

160  Input from Lithuania for the 2023 Rule of Law Report, p. 46 and information received from the Ministry of 

Culture in the context of the country visit to Lithuania. 

161  2023 Media Pluralism Monitor, country report for Lithuania, p. 18. 
162  Art. 7, Law on the Provision of Information to the Public. 
163  2022  Rule  of  Law  Report,  Country  chapter  on  the  rule  of  law  situation  in  Lithuania,  p.  15.  According  to 
European Parliament’s Flash Eurobarometer: News & Media Survey 2022, 56% of respondents in Lithuania 
stated that they trust public TV and radio stations, above the EU average of 49%. 

164  LRT, ‘LRT Council fails to elect new director general’, 21.03.2023. 
165  2023 Media Pluralism Monitor, country report for Lithuania, p. 18. 
166  2022 Rule of Law Report, Country chapter on the rule of law situation in Lithuania, p. 2. 
167  Law No XIV-1770 of 23 December 2022. 
168  ‘Connecting not conflicting: removing the tension between personal data protection and freedom of expression 
https://ec.europa.eu/info/funding-

information, 

see: 

information’. 

and 
For 
tenders/opportunities/portal/screen/how-to-participate/org-
details/999999999/project/101005477/program/31076817/details. 

further 

169  Information received from the Office of the Inspector of Journalist Ethics in the context of the country visit to 

Lithuania. 

19 

 
                                                           
Public authorities and media took several measures to improve the safety of journalists 
and their protection against abusive lawsuits. Since the publication of the 2022 Rule of Law 
Report, no new alerts have been published for Lithuania on the Council of Europe’s Platform 
to  promote  the  protection  of  journalism  and  safety  of  journalists170,  or  the  Mapping  Media 
Freedom platform171. Also, online threats and harassment on social media networks, especially 
directed at investigative journalists and those who cover protests, have receded172. The Ministry 
of  Culture  established  a  working  group  to  coordinate  the  putting  into  practice  of  the 
Commission’s  Safety  of  Journalists  Recommendation173.  A  draft  action  plan  was  prepared, 
comprising training by judicial and law enforcement authorities of their staff as well as police 
briefings for journalists ahead of major events174, followed by the outreach to stakeholders. In 
2022, the LRT renewed their safety and occupational health policy, providing for additional 
health  insurance  as  well  as  training  on  physical  protection  for  its  journalists175.  In  order  to 
tackle  the  problem  of  Strategic  Lawsuits  against  Public  Participation  (SLAPPs),  legislative 
amendments to the Code of Civil Procedure and the Criminal Code were adopted in December 
2022176. The former provides a new possibility of early dismissal of a lawsuit in case a court 
establishes that it may be categorised as a SLAPP. The latter revises the criminal liability for 
defamation,  in  order  to  strengthen  the  protection  of  journalists  and  other  disseminators  of 
public information from unjustified prosecution177. The proposed amendments to the Law on 
State-Guaranteed Legal Aid, deliberated in the Parliament, include the right to receive state-
guaranteed legal aid regardless of income and assets in SLAPP cases178. 

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

Lithuania  is  a  representative  democratic  republic  with  a  directly  elected  President  and  a 
unicameral Parliament (Seimas). The Constitutional Court is in charge of constitutional review 
of enacted legislation and of acts of the President and the Government (ex post control). The 
Parliament, the President, the Government, and a group of at least 50 000 citizens have the 
right  of  legislative  initiative.  The  Parliamentary  Ombudspersons  are  the  National  Human 
Rights Institution and are tasked with protecting and promoting human rights and fundamental 
freedoms. 

The  implementation  of  the  project  aiming  at  improving  the  quality  of  law-making 
continues. The 2022 Rule of Law Report took note of the project to improve the quality of 
legislation initiated by the Government179. In this context, the Ministry of Justice is preparing 
recommendations  for  the  codification  of  existing  legislation,  as  well  as  methodological 
recommendations  which  are  expected  to  ensure  the  quality  of  legislation180.  These 
methodological recommendations have been prepared in line with the Government’s rules on 
impact assessment and monitoring of implementation of draft legal acts. The quality of law-

170  Council of Europe, Platform to promote the protection of journalism and safety of journalists, Lithuania. 
171  European Centre for Press and Media Freedom, Mapping Media Freedom, Lithuania country profile.  
172  2023 Media Pluralism Monitor, country report for Lithuania, p. 12. 
173  Commission Recommendation (EU) 2021/1534 of 16 September 2021 on ensuring the protection, safety and 

empowerment of journalists and other media professionals in the European Union. 

174  Input from Lithuania for the 2023 Rule of Law Report, p. 47. 
175  Information received from LRT in the context of the country visit to Lithuania. 
176  Law No XIV-1748 of 22 December 2022 and Law No XIV-1749 of 22 December 2022. 
177  Input from Lithuania for the 2023 Rule of Law Report, p. 48. 
178  Information received from Lithuanian Journalists’ Union in the context of the country visit to Lithuania. 
179  2022 Rule of Law Report, Country chapter on the rule of law situation in Lithuania, p. 17. 
180  Input from Lithuania for the 2023 Rule of Law Report, p. 49. 

20 

 
                                                           
making and frequent changes in legislation remains a significant reason for concern about the 
effectiveness of investment protection among companies in Lithuania181. 

The Constitutional Court continues to scrutinise measures adopted during the COVID-
19 pandemic, including upon individual constitutional complaints. In 2022 and 2023, the 
Constitutional Court adopted three decisions on merits regarding emergency measures adopted 
in the context of the COVID-19 pandemic182. In all three cases, the emergency measures were 
found  to  be  compatible  with  the  Constitution.  Several  other  cases  related  to  COVID-19 
measures  remain  pending  before  the  Constitutional  Court,  including  cases  that  have  been 
referred  by  ordinary  courts,  and  cases  of  individual  requests  for  constitutionality  review  of 
COVID-19-related  measures183.  Although  the  measures  whose  constitutionality  is  being 
challenged have all been repealed, the Constitutional Court has the obligation to examine the 
cases when the request originates in a court or an individual constitutional complaint184.  

On  1  January  2023,  Lithuania  had  19  leading  judgments  of  the  European  Court  of 
Human Rights pending implementation, an increase of three compared to the previous 
year185. At that time, Lithuania’s rate of leading judgments from the past 10 years that remain 
pending was at 31% (compared to 24% in 2022), the average time that the judgments have been 
pending implementation was almost 3 year and 4 months (compared to 3 years and 9 months 
in  2022)186.  The  oldest  leading  judgment,  pending  implementation  for  almost  15  years, 
concerns  the  lack  of  legislation  governing  the  conditions  and  procedures  relating  to  gender 
reassignment187. Following the adoption of a constitutional amendment aimed at implementing 
the European Court of Human Rights judgment in case Paksas v. Lithuania188, the Committee 
of Ministers considered that it had been fully implemented and closed its examination189. On 
15 June 2023, the number of leading judgments pending implementation has increased to 20190. 

181  Figure  54,  2023  EU  Justice  Scoreboard  indicates  that  ‘Frequent  changes  in  legislation  or  concerns  about 
quality of the law-making process’ are of concern to 26% of companies in Lithuania. Compared to 2022, the 
total share of companies saying they are confident on the effectiveness of investment protection has increased 
in Lithuania by 8 percentage points. 

182  Constitutional  Court,  Judgments  of  21  June  2022,  No.  KT79-N8/2022;  12  October  2022,  No.  KT128-

N12/2022; 24 January 2023, No. KT8-N1/2023. 

183  Information received from the Constitutional Court in the context of the country visit to Lithuania. 
184  Ibid. 
185  The adoption of necessary execution  measures  for a  judgment by the European  Court of Human  Rights is 
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group 
cases against a State requiring similar execution measures, particularly general measures, and examine them 
jointly. The first case in the group is designated as the leading case as regards the supervision of the general 
measures and repetitive cases within the group can be closed when it is assessed that all possible individual 
measures needed to provide redress to the applicant have been taken. 

186  All figures are calculated by the European Implementation Network and are based on the number of cases that 
are considered pending at the annual cut-off date of 1 January 2023. See the Contribution from the European 
Implementation Network for the 2023 Rule of Law Report, p. 5. 

187  Judgment of the European Court of Human Rights of 11 September 2007, L. v. Lithuania, 27527/03, pending 

implementation since 2008. 

188  Judgment of European Court of Human Rights of 6 January 2011, Paksas v. Lithuania, 34932/04. The case 
concerns  the  violation  of  the  right  to  free  elections  due  to  the  permanent  and  irreversible  nature  of  the 
applicant’s  disqualification  from  standing  for  elections  to  Parliament  as  a  result  of  his  removal  from 
presidential office following impeachment proceedings conducted against him. See also 2022 Rule of Law 
Report, Country chapter on the rule of law situation in Lithuania, p. 18. 

189  Committee of Ministers, Resolution CM/ResDH(2022)253, of 22 September 2022. 
190  Data according to the online database of the Council of Europe (HUDOC-EXEC). 

21 

 
                                                           
The state of emergency in the border regions has been lifted. As referred in the 2022 Rule 
of Law Report, a state of emergency was in place from November 2021 until January 2022, in 
response to the instrumentalisation of migrants by Belarus191. On 24 February 2022, following 
Russia’s military aggression against Ukraine, the President of the Republic introduced a state 
of emergency throughout the national territory for a period extending to 10 March 2022. On 
24 February 2022, Parliament adopted a resolution endorsing the decision by the President192. 
Since then, the state of emergency was extended several times, and ceased to apply on 2 May 
2023193. The territorial  scope of the emergency measures was  gradually reduced194, and the 
measures consisted of enhanced border surveillance and border checks, as well as stricter visa 
regimes  for  Russian  and  Belarussian  citizens.  Initial  limitations  to  the  activities  of  non-
governmental organisations (NGOs) and journalists in border areas have been withdrawn195, 
and positive developments are reported concerning the right of asylum seekers and migrants to 
move freely after a favourable decision from a migration department196. On 30 June 2022, the 
Court  of  Justice  of  the  European  Union  (CJEU)  ruled  in  an  urgent  preliminary  ruling 
proceeding  regarding  a  number  of  restrictive  measures  applied  during  the  state  of 
emergency197,  having  declared  incompatible  with  EU  law  certain  measures  considered  to 
deprive  migrants  from  access  to  applications  for  international  protection,  as  well  as  certain 
measures implying a mandatory detention for the sole reason of illegal entry into the territory. 
Stakeholders  expressed  concerns  regarding  the  amendments  to  the  Law  on  State  Border 
Protection, which came into force on 3 May 2023, questioning their compliance with the Court 
of Justice ruling of June 2022198. There is currently an ongoing dialogue between Lithuania 
and the Commission with a view to better understanding the modalities of the law, in particular 
as regards its implementation, so as to ensure that it is compliant with EU law. 

There has been no further progress in addressing the 2022 recommendation on resources 
for  the  Parliamentary  Ombudspersons.  The  2022  Rule  of  Law  Report  recommended  to 
Lithuania  to  ‘[p]rovide  adequate  human  and  financial  resources  for  the  functioning  of  the 
Office  of  the  Parliamentary  Ombudspersons,  taking  into  account  European  standards  on 
resources  for  Ombudsinstitutions  and  the  UN  Paris  Principles’199.  The  Office  of  the 
Parliamentary  Ombudspersons  is  accredited  with  ‘A’  status  by  the  UN  Global  Alliance  of 
National Human Rights  Institutions (GANHRI)200. In June 2022, the Government approved 
the recommendations addressed to Lithuania during the third cycle of the Universal Periodic 
Review conducted by the Human Rights Council of the United Nations to allocate sufficient 

191  2022 Rule of Law Report, Country chapter on the rule of law situation in Lithuania, p. 18. 
192  Parliament, Press release of 13 September 2022.  
193  Government of Lithuania, Press release of 8 March 2023. 
194  During the last applicable period, the emergency measures applied to the state border with Belarus and the 
border section with the Kaliningrad Oblast of the Russian Federation as well as at border control posts located 
outside of the border section territory.  

195  Information received from NGO Coalition and Freedom House in the context of the country visit to Lithuania. 
196  Contribution from the Lithuanian Human Rights Monitoring Institute for the 2023 Rule of Law Report, p. 2. 
197  Court  of  Justice  of 
the  European  Union,  Judgment  of  30  June  2022,  Case  C-72/22,  M.A., 
ECLI:EU:C:2022:505. 

198  Information  received  from  the  Office  of  the  Seimas  Ombudspersons  in  the  context  of  the  country  visit  to 
Lithuania.  See  also  contribution  from  the  European  Network  of  National  Human  Rights  Institutions 
(ENNHRI)  for  the  2023  Rule  of  Law  Report,  p.  412;  contribution  from  the  Lithuanian  Human  Rights 
Monitoring Institute for the 2023 Rule of Law Report, p. 3. 

199  2022 Rule of Law Report, Country chapter on the rule of law situation in Lithuania, p. 2. 
200  The Office of the Parliamentary Ombudspersons is accredited with ‘A’ status by the United Nations Global 

Alliance of National Human Rights Institutions. 

22 

 
                                                           
funding  to  the  Office  of  the  Parliamentary  Ombudspersons201.  However,  it  is  reported  that, 
whereas the Office of the Ombudspersons raised the issue of the shortage of resources with 
Parliament and the Government, the request to allocate funds for the recruitment of new human 
rights  officers  was  not  considered202.  The  shortage  of  resources  is  considered  to  limit  the 
possibilities for specialisation in specific areas of competence, as well as the capacities for the 
scrutiny  of  the  questions  under  supervision203.  It  is  recalled  that,  according  to  European 
standards,  Member  States  should  provide  Ombudsinstitutions  with  adequate,  sufficient  and 
sustainable resources to allow them to carry out their mandate in a fully independent manner204. 
Therefore, there has been no further progress on the implementation of the recommendation 
made in the 2022 Rule of Law Report.  

Non-governmental  organisations  are  increasingly  recognised  as  partners  in  decision 
making  processes.  The  civic  space  continues  to  be  considered  open205  and  civil  society 
organisations  (CSOs)  have  been  actively  involved  in  decision-making  and  implementation 
regarding  the  support  to  refugees  from  Ukraine206.  It  is  reported  that  the  Government 
increasingly recognises NGOs as vital partners, particularly in emergency situations.  In this 
context,  the  new  Law  on  crisis  management  and  civil  protection207  expressly  foresees  that 
NGOs may be included in the prevention and management of an emergency. The Government 
is also promoting instruments to improve citizens’ participation in decision-making, through 
the creation of citizens’ councils to  discuss the State Progress  Strategy ‘Lithuania 2050’208. 
Responding to calls from civil society, the Law on Personal Income Tax, which provides that 
taxpayers can allocate a certain percentage of their income tax to non-profit organisations, was 
amended to reduce the categories of recipients of such tax treatment, allowing its granting only 
to  NGOs  and  trade  unions,  thus  excluding  public  authorities.  While  stakeholders  welcome 
these amendments209, they will only come into force in 2025210. 

201  Contribution from the UN Human Rights Regional Office for Europe – Lithuania for the 2023 Rule of Law 

Report, p. 3. 

202  Input from Lithuania for the 2023 Rule of Law Report, pp. 53-54. 
203  Information  received  from  the  Office  of  the  Seimas  Ombudspersons  in  the  context  of  the  country  visit  to 
Lithuania. Contribution from the European Network of National Human Rights Institutions (ENNHRI) for the 
2023 Rule of Law Report, p. 406. 

204  Recommendation CM/Rec(2019)6 of the Committee of Ministers of the Council of Europe on the development 

of the Ombudsman institution, para. 6. 

205  Rating by CIVICUS; ratings are on a five-category scale defined as: open, narrowed, obstructed, repressed 

and closed. 

206  Franet (2023), Country research – Legal environment and space of civil society organisations in supporting 

fundamental rights – Lithuania, p. 3. 

207  Law on Civil Protection, of 23 December 2022. The law came into force on 1 January 2023. 
208  Government of Lithuania, Press release of 13 October 2022. 
209  Information received from NGO Coalition in the context of the country visit to Lithuania. 
210  Franet (2023), Country research – Legal environment and space of civil society organisations in supporting 

fundamental rights – Lithuania, pp. 4-5. 

23 

 
                                                           
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2023 Rule of Law report 
can 
https://commission.europa.eu/publications/2023-rule-law-report-targeted-
stakeholder-consultation_en. 

found 

be 

at 

Association of European Administrative Judges (2023), Contribution from the European Association  

of Administrative Judges for the 2023 Rule of Law Report. 

Centre for Media Pluralism and Media Freedom (2023), European University Institute, Media Pluralism 
Monitor 2023, Country report for Lithuania. 

Civicus, Monitor tracking civic space – Lithuania https://monitor.civicus.org/country/lithuania/. 

COEC (2023), Annual Activity Report 2022. 

COEC (2022), Annual Activity Report 2021. 

Constitutional Court, judgment of 15 April 2022, No. KT45-N3/2022. 

Constitutional Court, judgments of 21 June 2022, No. KT79-N8/2022.  

Constitutional Court, judgment of 12 October 2022, No. KT128-N12/2022. 

Constitutional Court, judgment of 24 January 2023, No. KT8-N1/2023. 

Council of Bars and Law Societies of Europe (2023), Contribution from the Council of Bars and Law 
Societies of Europe (CCBE) for the 2023 Rule of Law Report. 

Council of Europe: Committee of Ministers (2022), Resolution CM/ResDH(2022)253.  

Council of Europe: Committee of Ministers (2000), Recommendation No. R(2000)21 of the Committee 
of Ministers of the Council of Europe on the freedom of exercise of the profession of lawyer. 

Council  of  Europe:  Committee  of  Ministers  (2010),  Recommendation  CM/Rec(2010)12  of  the 
Committee of Ministers to member states on judges: independence, efficiency and responsibilities. 

Council  of  Europe:  Committee  of  Ministers  (2019),  Recommendation  CM/Rec(2019)6  on  the 
development of the Ombudsman institution. 

Council of Europe: Committee of Ministers (2021), Guidelines on the efficiency and the effectiveness 
of legal aid schemes in the areas of civil and administrative law, CM(2021)36. 

Council of Europe: Committee of Ministers (2021), Decision CM/Del/Dec(2021)1406/H46-18 on H46-
18 Paksas v. Lithuania. 

Council  of  Europe,  Platform  to  promote  the  protection  of  journalism  and  safety  of  journalists  – 
Lithuania https://fom.coe.int/en/alerte?years=2022&typeData=1&time=1653914309287. 

Council of Europe: Venice Commission (2010), Report on the Independence of the Judicial System, 
Part I, The Independence of Judges (CDL-AD(2010)004). 

Council  of  Europe:  Venice  Commission  (2010),  Report  on  European  standards  as  regards  the 
Independence of the Judicial System, Part II: The Prosecution Service (CDL-AD(2010)040). 

Council  of  Europe:  Venice  Commission  (2019),  Principles  on  the  Protection  and  Promotion  of  the 
Ombudsman Institution (‘The Venice Principles’) (CDL-AD(2019)005). 

Council of the Baltic Associations of Judges (2023), Statement regarding the financing of Lithuanian 
Courts, of 11 May 2023 

Court  of  Justice  of  the  European  Union,  judgment  of  30  June  2022,  Case  C-72/22,  M.A., 
ECLI:EU:C:2022:505. 

24 

 
Court of Justice of the European Union, judgment of 20 April 2021, Repubblika v Il-Prim Ministru, C-
896/19, ECLI:EU:C:2021:311, para. 57. 

Court  of Justice  of the  European  Union, judgment  of  27  February  2018,  Case C-64/16,  Associação 
Sindical dos Juízes Portugueses, ECLI:EU:C:2018:117. 

European Centre for Press and Media Freedom, Mapping Media Freedom, Lithuania country profile. 

European Commission (2019), Flash Eurobarometer 482. 

Commission 
European 
ebs_502_report_en.pdf.  

(2020), 

Special 

Eurobarometer 

502 

on  Corruption 

(2022), 
European 
Commission 
Corruption_ebs_523_report_en.pdf.  

Special 

Eurobarometer 

on 

Corruption 

European  Commission  (2022),  Flash  Eurobarometer  507  on  Businesses’  attitudes  towards 
corruption in the EU Businesses Attitudes towards Corruption_fl_507_report_en.pdf.  

European Commission (2021), 2021 Rule of Law Report, Country Chapter on the rule of law situation  

in Lithuania.  

European Commission (2022), 2022 Rule of Law Report, Country Chapter on the rule of law situation  

in Lithuania.  

European Commission (2022), EU Justice Scoreboard. 

European Commission (2023), EU Justice Scoreboard. 

European Commission (2023), European Semester Country Report for Lithuania. 

European Court of Human Rights, judgment of 11 September 2007, L. v. Lithuania, 27527/03. 

European Court of Human Rights of 6 January 2011, Paksas v. Lithuania, 34932/04. 

European Implementation Network (2023), Contribution from the European Implementation Network 
for the 2023 Rule of Law Report. 

European Network of Councils for the Judiciary (2023), Contribution from the European Network of 
Councils for the Judiciary (ENCJ) for the 2023 Rule of Law Report. 

European  Network  of  National  Human  Rights  Institutions  (2023),  Contribution  from  the  European 
Network of National Human Rights Institutions for the 2023 Rule of Law Report. 

European Parliament (2022), Flash Eurobarometer, News & Media Survey 2022. 

European  Public  Prosecutor’s  Office  (2023),  Contribution  from  the  European  Public  Prosecutor’s 
Office (EPPO) for the 2023 Rule of Law Report. 

European Public Prosecutor’s Office (2022), Tobacco smuggling case leads to first EPPO indictment 
in Lithuania Tobacco smuggling case leads to first EPPO indictment in Lithuania | European Public 
Prosecutor’s Office (europa.eu).  

Franet, Lithuanian Centre for Social Sciences (2023), Country research – Legal environment and space 
of  civil society  organisations  in  supporting  fundamental rights  –  Lithuania,  Vienna,  EU  Agency for 
Fundamental Rights, https://fra.europa.eu/en/country-data/2023/civic-space-report-2023 . 

GRECO (2021), Fifth evaluation round – Compliance report on Preventing corruption and promoting 
integrity in central governments (top executive functions) and law enforcement agencies. 

GRECO (2022), Fifth Evaluation Report – Evaluation Report on Lithuania on preventing corruption 
and promoting integrity in central governments (top executive functions) and law enforcement agencies. 

Lithuanian Government (2023), Input from Lithuania for the 2023 Rule of Law Report. 

25 

 
Lithuanian Government (2023), Press release, 13 October 2022. 

Lithuanian Human Rights Monitoring Institute (2023), Contribution from the Lithuanian Human Rights 
Monitoring Institute for the 2023 Rule of Law Report. 

Lithuanian Parliament (2022), Press release, 13 September 2022. 

LRT (2023), Grunskienė: civil service reform will increase the gap between the salaries of judges and 
prosecutors, 29 May 2023. 

LRT (2023), LRT Council fails to elect new director general, 21 March 2023 

LRT (2023), Lithuanian parliament appoints three Constitutional Court justices, 16 March 2023. 

Ministry  of  Justice  (2022),  Draft  implementation  plan  of  the  National  Anti-Corruption  Agenda  for 
2022-2025 https://e-seimas.lrs.lt/portal/legalAct/lt/TAP/ed874eb0d2d811ed9b3c9397e1236c2a 

National  Courts  Administration 
the  conduct  of 
https://grants.teismas.lt/wp-content/uploads/2022/11/Teismo-proceso-vedimo-
studija_SUMMARY_ENG_final.pdf. 

(2022),  Study  on 

judicial  proceedings  

. 

OECD (1997), Convention on Combating Bribery of Foreign Public Officials in International Business 
Transactions https://www.oecd.org/daf/anti-bribery/ConvCombatBribery_ENG.pdf. .  

OECD (2023), Review of Lithuania’s National Agenda on the Prevention of Corruption: Strengthening 
Public Sector Integrity Strategies 

Reporters without Borders (2023), World Press Freedom Index 2023. 

Special Investigation Service (2023), Written contribution from the Prosecution Service. 

Special Investigation Service (2023), 2022 Activity Report. 

Special Investigation Service (2022), 15 arrests and 50 seizures in Lithuania in illicit enrichment case 
amounting  to  €250  000  of  14  June  2022  https://stt.lt/en/news/7481/15-arrests-and-50-seizures-in-
lithuania-in-illicit-enrichment-case-amounting-to-250-000:3407.   

Special  Investigation  Service  (2022),  Political  party  "Order  and  Justice"  and  5  persons  remain 
convicted of corrupt crimes of 26 October 2022 https://stt.lt/naujienos/7464/politine-partija-tvarka-ir-
teisingumas-bei-5-asmenys-lieka-nuteisti-del-korupciniu-nusikaltimu:3461. 

Special  Investigation  Service  (2022),  A  former  adviser  to  the  State  Labour  Inspectorate  was  found 
guilty of bribery and trafficking in influence – a fine of EUR 7000 was imposed of 18 November 2018 
https://www.stt.lt/naujienos/7464/uz-kysininkavima-ir-prekyba-poveikiu-kaltu-pripazintas-buves-
valstybines-darbo-inspekcijos-patarejas-skirta-7000-eur-bauda:3476. 

Supreme Court of Lithuania (2023), Press Release, 15 March 2023. 

Transparency  International  (2022),  Exporting  Corruption  2022  2022_Report-Full_Exporting-
Corruption_EN.pdf (transparencycdn.org). 

Transparency International (2023), 2022 Corruption Perception Index.  

Transparency  International  Lithuania (2022),  One  third  more  municipal leaders  publicise  long-term 
agendas,  14  June  2022  https://www.transparency.lt/trecdaliu-daugiau-savivaldybiu-vadovu-viesina-
ilgalaikes-darbotvarkes/. 

United Nations Human Rights Regional Office for Europe (2023), Contribution from the UN Human 
Rights Regional Office for Europe on Lithuania for the 2023 Rule of Law Report. 

26 

 
Annex II: Country visit to Lithuania 

The Commission services held virtual meetings in March 2023 with: 

  Bar Association  
  COEC 
  Confederation of Lithuanian Industrialists 
  Constitutional Court  
  Judicial Council  
  Freedom House  
  Human Rights Monitoring Institute  
  Lithuanian Journalists Union  
  Lithuanian Radio and Television  
  Media Authority – Radio and Television Commission of Lithuania  
  Ministry of Culture  
  Ministry of Foreign Affairs  
  Ministry of Justice  
  National Courts Administration  
  National NGO Coalition  
  Office of the Inspector of Journalist Ethics 
  Office of the Prosecutor General  
 
 Office of the Seimas Ombudspersons  
  Public Information Ethics Association  
  Public Procurement Service  
  Special Investigation Service  
  Supreme Court  
  Transparency International Lithuania 

* The Commission also met the following organisations in a number of horizontal meetings:  

  ALDA (European Association for Local Democracy) 
  Amnesty International  
  Civil Liberties Union for Europe  
  Civil Society Europe 
  Culture Action Europe  
  European Centre for Press and Media Freedom  
  European Civic Forum  
  European Federation of Journalists  
  European Partnership for Democracy  
  European Youth Forum  
  Free Press Unlimited 
  Front Line Defenders 
 
 
 

ILGA Europe  
International Commission of Jurists 
International Federation for Human Rights (FIDH)  

27 

 
 
International Planned Parenthood Federation European Network 
International Press Institute  

 
 
  JEF Europe  
  Osservatorio Balcani e Caucaso Transeuropa 
  Philea  
  Reporters Without Borders  
  SOLIDAR 
  Transparency International EU 

28