Lithuanian attorney Aistė Žemaitienė explains on LRT.lt why Lithuania’s citizenship referendum did not succeed and what can be done now to allow more people to keep multiple citizenships.
The referendum was organized five years after the first unsuccessful referendum, but the results were the same – multiple citizenship remains a possibility only for definite groups of individuals who meet strict criteria. The referendum was meant to change the Constitution so that it would describe the grounds and procedure of acquiring or losing Lithuanian citizenship.
However, Lithuania has one of the strictest regulations for referenda among democratic countries (and this part of the Constitution may be changed by referendum only). Even though most of the voters were in favour of the change, it was not achieved because the requirement is that more than 50 percent of the eligible population, not just of those who voted, must agree.
Article 12 of the Constitution now states that, with the exception of individual cases provided by law, no one may be a citizen of both the Republic of Lithuania and another state at the same time, and the procedure for the acquisition and loss of citizenship must be established by law. The Citizenship Act of Lithuania now allows dual citizenship for certain groups of people, for example, those who were citizens before the Soviet occupation of June 15, 1940, (as well as their children, grandchildren, and great-grandchildren) and who have been exiled from or left occupied Lithuania before March 11, 1990.
The Constitutional Court decides whether laws and other legal acts adopted by Seimas comply with the Constitution. The Constitutional Court made its ruling on the citizenship issue on November 13, 2006, explaining that cases of dual citizenship should be especially rare exceptions. In the same ruling, the Constitutional Court explained that if the legislature decides that there is no need to limit dual citizenship, it should first revise the corresponding provisions of the Constitution (such as Article 12) and do that by following the procedure which is established in the Constitution. Under Paragraph 2 of Article 148, Chapter I of the Constitution may be changed only by referendum.
Evidently, there is a political will to allow more dual citizens, and the majority of the nation also is in favour. So what is next? The amendments to the Citizenship Act to allow those who have acquired citizenship of NATO member states or the alliance’s partners Austria, Ireland and Malta, to keep their Lithuanian citizenship, were registered by an MP earlier in May.
However, since every law passed has to comply with the Constitution and the Constitutional Court has been strict in the past, this path has its limits. If this law is passed, somebody with the right to do so (such as the government, a group of MPs, or courts) can challenge it and file a petition with the Constitutional Court, and this may result in a ruling that would be quite the opposite of what the dual citizenship advocates want. The Constitutional Court’s ruling is final and not subject to appeal.
Changing the Constitution regarding this issue would still be the best way to go, according to Žemaitienė. Talks are being held on lowering the referendum threshold, so that a simple majority saying yes would suffice. The constitutional law on referenda regulates this question, and constitutional laws may be altered by Seimas (with a special majority of no less than 3/5 of all MPs).
Other countries deal with similar situations in different ways. For example, the Constitution of India does not permit dual citizenship, but the country offers people of Indian origin Overseas Citizenship of India. This allows its holders to live and work in the country indefinitely, without the right to vote.
Polish non-citizens may get a similar document, the Karta Polaka , issued to persons who meet certain criteria, mostly based on origin. This document confers the right to preschool, primary and secondary education in Poland, among others.
Lithuania also has made its first steps by offering a certificate of Lithuanian descent to people of Lithuanian origin, as well as the right to restore citizenship of Lithuania. Expanding these benefits, or even combining and/or creating a brand-new Lithuanian Card, may be another option.
The right to restore the citizenship certificate is now issued to anyone who was him/herself or has at least one parent/grandparent/great-grandparent was a Lithuanian citizen until June 15, 1940. The certificate of Lithuanian descent is issued to a person whose at least one parent or grandparent was an ethnic Lithuanian and who considers himself/herself Lithuanian and declares that in writing.
At the moment the certificate of Lithuanian descent allows one to apply for a permanent residency permit in Lithuania, but does not grant this right automatically – additional steps have to be taken. Lithuania could consider broadening the rights conferred to the certificate holders, for example, (almost) automatically allowing them to reside in the country. Especially since Article 32 of the Constitution states that everyone who is Lithuanian has a right to settle in Lithuania.
