The Lithuanian constitutional court: Its nature, structure, and position in the Lithuanian legal order
The Lithuanian constitutional court: Its nature, structure, and position in the Lithuanian legal order

Summary/Abstract: Lithuania, in imitation of most other European nations, has chosen an Austrian-style Constitutional Court as its instrument of judicial review. A growing number of petitions can be evidence of respect and confidence in this institution and to constitutionality itself, especially with the increase in petitions from the courts of general jurisdiction. This is an important indicator of the trend away from the “anti-constitutional” Soviet traditions when there was no question: is this act constitutional, or not. During its initial ten-year period this institution has won respect and now carries a significant authority. At present, the Constitutional Court has more power to interpret the Constitution than it did in the first few years of its functioning. Its decisions at first kept closely to the letter of the law but now range further to “the constitutional spirit.” The Court’s decisions have far-reaching consequences in the Lithuanian legal system: not only do they have an erga omnes effect, but laws and regulations are changed to reflect them in a process of “rational reaction.” The Lithuanian Constitutional Court thus is beyond doubt one of the prime movers and guarantors of the rule of law and the protection of individual rights in Lithuania, and is additionally responsible in large part for Lithuania’s progress in these areas.

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