Provisions of the Constitutional Law are in line with the OECD standards
Press release, 12 January 2018
The Seimas adopted amendments to the Constitutional Law of the Republic of Lithuania on the Implementation of Paragraph 3 of Article 47 of the Constitution of the Republic of Lithuania (draft No XIIIP-1117(2)), which stipulate that the criteria of European and transatlantic integration embarked on by Lithuania are met by those foreign subjects which, in addition to being set up in a member state of the European Union, the Organisation for Economic Co-operation and Development (OECD), NATO or state party to the European Economic Area Agreement, are not established in a member state of a political, military, economic or any other type of union or commonwealth of states functioning on the basis of the former Union of Soviet Socialist Republics.
Until now, the law has provided that the right of foreign subjects, who comply with the specified criteria, to acquire land plots in Lithuania is the preference the purpose whereof is the implementation of the European and transatlantic integration into state alliances and organisations embarked on by Lithuania and the provisions of the Europe Agreement establishing an association between the European Communities and their Member States and the Republic of Lithuania. The explanatory note to the draft law maintains that the preference is invoked on a reciprocal basis, when the subjects of Lithuanian origin are accorded no less than equivalent rights in a foreign state. “The provision on the existence of the principle of reciprocity in the Lithuanian national law is incompatible with the OECD standards, as its existence creates the preconditions for discrimination and restriction of the free movement of capital. It should be noted that the application of the reciprocity principle to the subjects that meet the criteria of European and transatlantic integration embarked on by Lithuania is superfluous and inconsistent with the objectives of fulfilling the said criteria, because the principal goal of applying the reciprocity principle is economic protectionism rather than determination of the direction of political integration in view of the constitutional regulation and national security interests,” the explanatory note observes.
Following the decision to invite Lithuania to launch the OECD accession process, officially confirmed by the OECD Ministerial Council on 4 June 2015, and the Roadmap for the Accession of Lithuania to the OECD Convention, which was adopted by the OECD Council and which outlines the terms, conditions and processes for its accession, Lithuania now has to review its legal regulation in certain areas. In the process of assessing the Lithuanian national regulation on property rights with regard to land acquisition as well as Lithuania’s openness to investment in this particular field, the OECD Investment Committee has presented its recommendations to Lithuania for the necessary steps to be taken to meet the OECD standards.
The amendments received 111 votes in favour, no votes against and 2 abstentions.
Rimas Rudaitis, Chief Specialist, Press Office, Information and Communication Department, tel. +370 5 239 6132, e-mail: email@example.com
Last updated on 01/15/2018