Parliamentary Vote on Multiple Citizenship scheduled for 29 June. The Provisional Citizenship Law will remain in force till 1 January 2011
28 June 2010
The current Lithuanian Law on Citizenship is provisional and was expected to remain in force only until 1 January 2010 (c.f. Lithuania Country Report). In January 2010 the Lithuanian unicameral Parliament, known as Seimas, extended this period until 1 July 2010, in response to its failure to adopt a new Law on Citizenship by the end of 2009. (see Citizenship News on January 5, 2010). However, recently the Seimas extended once more the validity of the Provisional Law – this time until 1 January 2011. This extension has to be promulgated by the President of the Republic and has not yet come into force.
Throughout May and June 2010, the Seimas debated the new draft Law on Citizenship presented to the Seimas by the President of the Republic in 2009. The draft Law inter alia provided that multiple citizenship could be allowed for those citizens of Lithuania who acquired foreign citizenship before 11 March 1990, i.e. before restoration of the country’s independence, and their descendants. Also, the draft Law suggested to introduce the principle that no matter how many citizenships a person may have, he or she shall be treated by Lithuanian authorities only as a Lithuanian citizen.
In the course of consideration in the Seimas (and its committees), a number of amendments to the draft Law were proposed. Most of them suggested to expand possibilities to have multiple citizenship, including the proposal to allow for dual citizenship for those Lithuanians who have obtained also the citizenship of another state which is a member state of the European Union or NATO. Also, it was proposed that dual citizenship could be allowed for Lithuanians residing in neighbouring states of Lithuania where there are traditional (or ‘historic’) Lithuanian communities, i.e. Belarus and Russia. It is remarkable, though, that it was suggested to expand the list of countries whose citizenship Lithuanians may have by including Switzerland, although no such amendments were introduced regarding most other states where there also exists a numerous Lithuanian diaspora, such as Australia or some Latin American countries. Some MPs proposed that if there must be a date after which multiple citizenship is not allowed, this date should be the date when the new Law enters into effect.
The final vote on the new Law has already been postponed several times and currently it is scheduled for 29 June 2010. At this time, it is not yet clear what new amendments will and what will not be included in the draft Law presented for voting.
Even if adopted on as planned, the new Law would not enter into force immediately on 1 July 2010, also because it has to be promulgated by the President of the Republic which, if the President signs it, will take more than two days. In view of that, the Seimas, by the Republic of Lithuania Law on Amendment of Article 3 of the Law on Amending of the Law on Citizenship, of 18 June 2010, No. XI-910, has extended the validity of the Provisional Law till 1 January 2011.
At the same time, it is planned – the relevant Seimas resolution has been drafted but yet not debated in the Seimas – that together with the adoption with the new Law on Citizenship the Seimas shall also refer the law to the Constitutional Court to review the constitutionality of provisions which open widely the doors to multiple citizenship. If the Seimas adopts such a resolution and the Constitutional Court accepts it, the validity of the challenged provisions is suspended until the case is examined and the ruling is adopted by the Constitutional Court.