“Dear colleagues and honourable
guests,
Five years ago, we celebrated
anniversaries of two national Constitutions. Accordingly, those years were
called the years of the constitutional anniversaries. The coming five years
will bring another jubilee and we will again have an opportunity to mark the
anniversaries of the Lithuanian Constitutions of 1922 and 1992. Let us have a
look at the history trail of all our Constitutions.
The first Statute of Lithuania,
which is to be regarded as the first Lithuanian collection of legal documents
of constitutional significance, was approved in 1529. Subsequently, two more
Statutes appeared. Moreover, the Lithuanian Statutes encouraged the development
of the statute books in neighbouring countries.
The world history of
constitutions much benefited from the 3 May 1791 Constitution adopted by the
Sejm of the Polish-Lithuanian Commonwealth, regarded as the world’s second
(after the USA) and Europe’s first written constitution.
The document laid a foundation to a democratic society and civil liberties as
approved by the two nations. This year, the 3rd of May was, for the
first time, jointly celebrated in Lithuania and Poland.
The first permanent Constitution of the State of Lithuania was adopted
by the Constituent Assembly on 1 August 1922. It laid down the basic postulates
of the state and its first article solemnly declared: “The State of Lithuania
shall be an independent democratic Republic. The Sovereign State Power shall
belong to the Nation”.
In legal terms, the Constitution gave priority to the Lithuanian
language and provided for freedom of expression and freedom of the press,
inviolability of property and gender equality, accountability of the government
to the electorate and the local self government, as well as possibility for
national minorities to develop their culture.
Importantly, all the then Constitutions emphasized that freedom of
expression and freedom of the press and, in general, freedom of “the public
action” could be restricted solely for reasons of morality and public order or
protection from actions detrimental to the state.
When the country’s independence was restored on 11 March 1990, drafting
and adoption of the Constitution was among the works to be done first. The
principal position of the Reconstituent Seimas was, first and foremost, to
reject the Soviet Constitution, then, to approve the 1938 Constitution of
Lithuania, to suspend it immediately and to adopt the Provisional Basic Law.
That was the way to ensure the continuity of the state, which greatly
contributed to the so-called constitutional war with the Soviet Union.
The critical steps in forming the permanent Lithuanian Constitution seem
to be the adoption of the Constitutional Law on the State of Lithuania by the
Supreme Council on 11 February 1991 and the Constitutional Act, dated 8 June
1992, on Non-Alignment of the Republic of Lithuania to Post-Soviet Eastern
Alliances. Those documents drove the country towards drafting the principle act
of the state and ultimately its adoption via referendum on 25 October 1992.
Not all of us can probably remember the hardship of 1992: the country
still suffering under foreign troops, lacking national currency and not having
discovered Būtingė Oil Terminal yet, let alone membership in international
military and economic security organizations of the democratic constitutional
states of Europe. It is true to say that we were vulnerable in all aspects.
In referendum of 25 October 1992, the people of Lithuania approved of
the Constitution of the Republic of Lithuania, which embodied their desire to
have a constitution of their independent country. However, the wish alone is
not enough. It is necessary to devote a great deal of effort, which, in this
instance, means to perceive the values enshrined in the Constitution as well as
their significance to each of us, and to implement the basic law of the
country, and to make its provisions serve as a pillar of life both for the
state and its citizen.
The Constitution provides that
“The Constitution shall be an integral and directly applicable act. Everyone
may defend his rights by invoking the Constitution”. It means that the country
must live according to the letter and spirit of the Constitution. How to pursue
and achieve it?
The Constitution of the Republic of Lithuania is the supreme law in
effect. It clearly defines the boundaries of the activities by legislative,
executive and judicial authorities, enshrines human rights and freedoms and
ensures defence of the rights and freedoms for each person.
Nevertheless, we could not state
with certainty that the Constitution has become an inherent part of our people.
Therefore, this does not allow to reduce focus on the constitutional awareness
and, in particular, constitutional education. As only the full understanding of
the importance of the Constitution enables us to seek effective implementation
of the good brought by the Constitution. This point must also be given due
attention on 25 October – the Constitution Day.
The Constitution stands not only
for 154 articles, constitutional laws and constitutional acts. It also
represents the aim to seek national harmony, balance of powers, justice,
national concord and openness. Therefore, Lithuania’s young generation must be
brought up in the spirit of the noble ideas, purpose, statements and provisions
of the Constitution.
On the occasion of the 15th
Anniversary of the Constitution, Lithuania has held a great celebration – an
exam on the Constitution. Municipal authorities had its first round on 29
September, and its second on 20 October. Country’s schools are taking this exam
today, on 25 October.
The first round held on the
municipal level included the participation of about 1,000 citizens while the
second brought together 88 citizens representing local politicians and other
residents of Lithuanian towns and districts. Already the first stage of the
examination on the Constitution demonstrated that not all local authorities,
unfortunately, take care of legal education of its people and awareness raising
on the fundamentals of the state architecture. The first round simply did not
take place in some municipalities.
The participants of the second
round were writing essays on the value of the Constitution in contemporary
Lithuania, constitutional provisions appealing to a person, and constitutional
influence on our life. Today the authors of the best essays will be awarded at
the celebration in Vilnius Town Hall.
Today also sees a no less
important event devoted to the Constitution Day – the test taken by schoolchildren,
titled “What Do I Know About My Country”. It is held in all Lithuanian
municipalities, 283 Lithuanian schools. The event brought together 25,000
Lithuanian schoolchildren. The test answers will be provided by both younger
and elder schoolchildren from the third to seventh forms, who are submitted the
appropriate questions.
It is far from being the whole
story. On the initiative of the Ministry of Education and Science, 30,000
copies of the Constitution of the Republic of Lithuania are about to reach the
country’s schools. A part of them is also intended for Lithuanian schools
abroad. The national Constitution is also analysed at the lessons of civic
education and history. We are left with hope that the young generation will
have the real understanding and realisation of the provisions of our
Constitution and the ability to follow them in their lives.
Is the Constitution considered a
virtue in Lithuania? Let’s go back to the topic of the exam on the
Constitution. No one of us will come up with an idea to give a negative answer.
But with a view to ensuring the consent of each person in Lithuania, we,
Lithuanian authority, must commit ourselves to and guarantee the actual
implementation of all rights and freedoms enshrined in the Constitution.
Only then the nation will throw
away the veil of disenchantment with and indifference to the state as well as
the Constitution. Without fulfilling our duties, we will not be entitled to
voice to the nation the following provision of the Constitution: “State institutions shall serve the people”.
After all governmental obligations are fully discharged, we will win the trust
of the country’s citizens. And only then Lithuania and its Constitution will
win their trust of the people.
On 25 October 1992, the people of our country had
confidence in Lithuania and its future. As many as 78 percent of those who came
to the polls – about one and a half million of Lithuanian voters – cast a YES
vote to the Constitution in the referendum. Thus, they send a message to themselves
and the world that “the Lithuanian nation having
created the State of Lithuania many centuries ago, having based its legal
foundations on the Lithuanian Statutes and the Constitutions of the Republic of
Lithuania, having for centuries staunchly defended its freedom and
independence, having preserved its spirit, native language, writing, and
customs, embodying the innate right of the human being and the Nation to
live and create freely in the land of their fathers and forefathers—in the
independent State of Lithuania,
fostering national concord in the land of Lithuania, striving for an open,
just, and harmonious civil society and State under the rule of law, by the will
of the citizens of the reborn State of Lithuania, adopts and proclaims this CONSTITUTION“.
I have read the preamble of the
Constitution, which reflects our history, national spirit and its attributes,
aims of the nation and the state, and responsibilities for the public
architecture. I wish us all to remember the sacred words of the preamble. They
evolved into the Constitution – outstanding creation of the nation, foundation
of the state and its law, hope, guarantee and prospect of people’s life.
Let’s feel pride of
and joy in this Constitution Day – celebration of the independent and
democratic Lithuania.
