Judicial association warns Seimo decisions on Meilutis and Bartninkas may signal political influence
The Lithuanian Judges’ Association (LRTA) has expressed concern over the Seimas’ decisions not to appoint Nerijus Meilutis as head of the Court of Appeals and Marijus Bartninkas as a judge of the Supreme Court of Lithuania (LAT), warning that these moves could signal that judicial career prospects depend not only on competence and reputation but also on circumstances related to their judicial work or cases handled.
According to a LAT press release, both candidates had successfully passed the legally established selection and appointment procedures, were assessed by competent institutions, and received positive evaluations regarding their suitability for the respective positions.
“Publicly available data shows that no complaints were raised about the candidates’ professional qualifications, reputation, ethics, competence, or other circumstances that could raise justified doubts about their suitability for the positions. On the contrary, competent judicial selection and evaluation institutions provided positive assessments, and the Seimas Committee on Legal Affairs unanimously supported the candidates’ suitability,” the LRTA emphasized.
The association also noted that Seimas members did not publicly explain the arguments behind their votes against the appointments of Meilutis and Bartninkas. As a result, neither the candidates themselves, nor the judicial community, nor the public have the opportunity to understand the reasons for the decisions.
While respecting the Seimas’ constitutional right to decide on judicial appointments, the LRTA stressed that the exercise of this power must be consistent with the principles of judicial independence, the rule of law, and public trust in the justice system.
“The process of appointing judges must not only ensure that the most suitable candidates are appointed but also create conditions for the public to be confident that suitable candidates are not rejected for reasons unrelated to their professional preparation, competence, or reputation,” the LAT press release stated.
The LRTA highlighted that one of the essential elements of judicial independence is that a judge’s professional career and opportunities to seek higher positions cannot depend on the decisions they have made or the cases they or their court have handled in the administration of justice.
It was also emphasized that judicial independence requires not only factual protection from external influence but also procedures that prevent justified doubts about possible political or other improper influence on judicial careers.
The association warned that the Seimas’ decisions not to appoint Meilutis and Bartninkas send a signal that judicial career prospects may be influenced by their rulings in specific cases. “This situation raises concerns not only about the legal and professional status of the specific candidates but also about the broader consequences for the entire judicial system. It can be perceived as a signal that judicial career prospects depend not only on their competence and reputation but also on circumstances related to their judicial work or cases handled. Such a perception undermines trust in judicial independence and can have a negative impact on the implementation of the principles of the rule of law,” the association stressed.
ELTA reminds that last week, the Seimas did not support Meilutis’ candidacy for the position of head of the Court of Appeals. Meilutis was a candidate for a second term. The Seimas also did not support Bartninkas’ appointment as a judge of the Supreme Court. According to the Constitution, the President appoints the head of the Court of Appeals from among the judges of this court with the consent of the Seimas. The Court of Appeals is a court of general jurisdiction that hears appeals and other complaints regarding the decisions of the Vilnius District Court.