Historic constitution: constitutional historic sources; Historic constitution: constitutional historic sources


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Historic constitution: constitutional historic sources;

  • Historic constitution: constitutional historic sources;

  • Theory of constitution or constitutionalism

  • State and public power as elements of national constitution;

  • Rule of law as constitutional principle (value);

  • Democracy as constitutional principle (value);

  • Human rights as constitutional principle (value);



Sanctus Bruno qui cognominatur Bonifacius archepiscopus et monachus XI. suæ conuersionis anno in confinio Rusciæ et Lituæ a paganis capite plexus

  • Sanctus Bruno qui cognominatur Bonifacius archepiscopus et monachus XI. suæ conuersionis anno in confinio Rusciæ et Lituæ a paganis capite plexus













Lithuania 1918-1940

  • Lithuania 1918-1940



  • i) Lithuanian Statutes (СТАТУТЪ ВЕЛИКАГО КНЯЗСТВА ЛИТОВСКАГО / Statuta Lituana / Statut Litewski): 1528, 1566, 1588;

  • ii) 1791 Constitution);

  • iii) Constitutions of the First Lithuanian Republic (interwar): 1922 (1928, 1938);

  • iv) February 16, 1918 Independence Act;

  • v) February 16, 1949 Declaration of the Council of Lithuanian Resistance Movement

  • vi) March 11, 1990 Independence Act;

  • vii) 1992 Constitution.



a product of two main draft-Constitutions:

  • a product of two main draft-Constitutions:

  • 1) the Sąjūdis - “semi-presidential” draft

  • 2) parliamentary constitutional commission - “parliamentary” draft.



February 16, 1918 Independence Act;

  • February 16, 1918 Independence Act;

  • February 16, 1949 Resistance Declaration

  • March 11, 1990 Independence Rest. Acts

  • 1991 Constitutional Act on independent democratic republic;

  • 1992 Constitutional Act on withdrawal of Soviet Army and Non Alliance to post-Soviet units;

  • 1992 Constitution;

  • 2004 Constitutional Act on EU accession.



  • 3 paradigms:

  • Philosophical constitutionalism;

  • Interpretative (methodological) constitutionalism

  • Value constitutionalism



- C as supreme law or the rule of law itself;

  • - C as supreme law or the rule of law itself;

  • - C as act of sovereign: state, people, monarch;

  • - C as freedom of expression;

  • - C as social contract;

  • - C as dialog;

  • - C as incarnation of justice and common good.



  • Rule of law: supremacy, separation of powers and principles of justice;

  • Democracy: sovereignty of people, elections and parliamentarism;

  • Human rights: personal, civic-political and socio-economic and cultural rights



  • Constitution is very much about how it is interpreted;

  • Constitution may be interpreted only using methods mentioned in the Constitution;

  • Constitution always trumps case-law.



Linguistic method:

  • Linguistic method:

  • e.g.: Art. 98: Minister shall head his respective ministry;

  • Historic method:

  • e.g. Art. 12: With the exception of separate cases provided for by law, no one may be a citizen of both: Lithuania and another state at the same time);

  • Systemic / structural:

  • e.g. Arts. 18, 19, 21 (constitutionality of death p.)



    • PP presentation: how two paradigms are reflected in your Constitution and case-law of Constitutional Court:
    • What concepts of constitution are prevailing?
    • What methods of interpretation of Constitution are used?




Supremacy of constitution: special procedure of adoption and amendment, direct application, constitutional review;

  • Supremacy of constitution: special procedure of adoption and amendment, direct application, constitutional review;

  • Separation of three bodies, representing three sovereign powers: parliament (represents people), executive (represents state) and courts (represents law);

  • Principle of justice, encompassing: equality, common good, proportionality, fairness, good administration etc.



  • Sovereignty of people (nation): ethnic and

  • Universal elections under multy-party system as

  • Parliamentarism



  • Personal (fundamental) rights;

  • Civil (political) rights;

  • Socio-economic and cultural rights



Constitution as constituent act of sovereign;

  • Constitution as constituent act of sovereign;

  • Solemnity of Constitution;

  • Rigidity of adoption (amendment) clause;

  • Explicit supremacy clause (Art. 7: Any law that contradicts the Constitution shall be invalid);

  • 5. Constitutional review clause

  • (The Constitutional Court shall decide whether the laws are in conformity with the Constitution)

  • 6. Inviolable clause (1st art: “Lithuania shall be an independent democratic republic” may be altered only by referendum if not less than 3/4 of cit. vote in favour)



1. Separation of 3 p. powers representing 3 sovereigns: legislature (people), executive (state) and judiciary (law);

  • 1. Separation of 3 p. powers representing 3 sovereigns: legislature (people), executive (state) and judiciary (law);

  • 2. Judicial independence (institutional, instances, professional);

  • 3. Independent national agencies (Central bank, Supreme Audit office, ombudsman)

  • 4. Layers of p.powers: local, regional, national, European, international

  • 5. Subsidiarity: autonomous legal systems: municipal, university, canon law…



Art. 5: In Lithuania, public power shall be executed by the Seimas, the President and the Government, and the Judiciary;

  • Art. 5: In Lithuania, public power shall be executed by the Seimas, the President and the Government, and the Judiciary;

  • Art. 120: Municipalities shall act freely and independently within their competence defined by the Constitution and laws.

  • Art. 40: Universities shall be granted autonomy.

  • Art. 43: Churches and religious organisations shall conduct their affairs freely according to their canons and statutes.



  • Justice as a core of all legal system (Preamble);

  • Justice as judicial administration (Art.109:

  • justice shall be administered only by courts);

  • Justice as equality clause (President takes an oath to be equally just to all);

  • Justice as non-discrimination clause.



  • Sovereignty of people (nation);

  • Elections (referendums) as means of direct democracy;

  • Parliamentarism as means of representative democracy.



- Preamble of 1992 C: “Lithuanian Nation having created the State of Lithuania many centuries ago […] by the will of the citizens of the reborn Lithuanian State, adopts and proclaims this Constitution”;

  • - Preamble of 1992 C: “Lithuanian Nation having created the State of Lithuania many centuries ago […] by the will of the citizens of the reborn Lithuanian State, adopts and proclaims this Constitution”;

  • -   Art. 2: The Lithuanian State shall be created by the Nation. Sovereignty shall belong to the Nation.



universality, equality, secret ballot, independent electoral campaign;

  • universality, equality, secret ballot, independent electoral campaign;

  • elections as political right;

  • elections and citizenship.

  • municipal, regional, parliamentary, presidential elections;

  • referendum, people’s initiative, people’s constitutional veto as other forms of direct democracy



- 1566 Lithuanian Statute – parliamentary and judicial elections;

  • - 1566 Lithuanian Statute – parliamentary and judicial elections;

  • 1791 constitution - parliamentary and municipal elections;

  • 1922 constitution – parliamentary and municipal elections;

  • 1992 constitution – parliamentary, municipal and presidential elections…



Art. 4: The Nation shall execute its supreme sovereign power either directly or through its democratically elected representatives;

  • Art. 4: The Nation shall execute its supreme sovereign power either directly or through its democratically elected representatives;

  • Art. 45: The Seimas […] shall be elected for a 4year term on the basis of universal, equal, and direct suffrage by secret ballot;

  • Art. 78: The President shall be elected for a 5year term by universal, equal, and direct suffrage by secret ballot;

  • Art.: 119: The members of municipal councils shall be elected for a 4 year term, on the basis of universal, equal, and direct suffrage by secret ballot.



  • 1. Special place of parliament in constitutional structure: representation of nation and deliberation;

  • 2. Special status of MP;

  • 3. Legislation (including aprov. budget);

  • 4. Scrutiny of government;

  • 5. Nomination powers.

  • 6. Three concepts of parliament





1566 L. Statute;

  • 1566 L. Statute;

  • 1922 Constitution;

  • 1992 Constitution:

  • Art. 60: The work of the MPs, as well as all expenses relating to their parliamentary activities, shall be remunerated from the State Budget. A Member of the Seimas may not receive any other remuneration, with the exception of remuneration for creative activities



  • 1791, 1922, 1992 Constitutions:

  • primus inter pares;

  • place of deliberation;

  • representation of nation.







Vote of no confidence (for minister, PM and government) by majority of MPs;

  • Vote of no confidence (for minister, PM and government) by majority of MPs;

  • Interpellation procedure;

  • Scrutiny of ministry by appropriate parliamentary committee;

  • Instrument of „governmental hour“: questions to ministers during public sittings



Art. 5:  In Lithuania, state public power shall be executed by the Seimas, the President of the Republic and the Government, and the Judiciary;

  • Art. 5:  In Lithuania, state public power shall be executed by the Seimas, the President of the Republic and the Government, and the Judiciary;

  • Art. 33: Citizens shall have the right to participate in the governance of their State directly and through their democratically elected representatives;

  • Art. 67: The Seimas shall pass laws…

  • Art.: 67:shall supervise the activities of the Government

  • Art. 67: shall appoint the justices of the Supreme and Constitutional courts, Auditor General, Chief of the Bank of Lithuania, members of Centr. elect. Commiss.



- 1566 L.Statute and 1791 Constitution: two representatives from local adm. unite; Senate – ex officio nominations by monarch;

  • - 1566 L.Statute and 1791 Constitution: two representatives from local adm. unite; Senate – ex officio nominations by monarch;

  • - 1922 Constitution – proportional electoral system to the unicameral parliament;

  • - 1992 Constitution – mixed electoral system to the unicameral parliament: 71 districts for majority system; 70 MPs – using proportional system.



1990-1992 – Sąjūdis (centre-right);

  • 1990-1992 – Sąjūdis (centre-right);

  • 1992-1996 – LDDP (former Communists);

  • 1996-2000 – Conservatives;

  • 2000-2004 – Social-democrats;

  • 2004-2008 – Social-democrats;

  • 2008-2012 – Conservatives;

  • 2012-2016 – Social democrats;

  • 2016-2020 – Farmers-greens



  • Prepare PP presentation on three constitutional values of your own constituion





- Human rights as constitutional value

  • - Human rights as constitutional value

  • - Concept of natural and fundamental rights;

  • Concept of rights and duties;

  • Constitutional and ordinary rights;

  • Limits of rights: other, public interest…

  • Classification of rights: unalienable rights; constitutional and ordinary rights; personal, civic-political and socio-economic-cultural rights;



XVIII century Enlightment era:

  • XVIII century Enlightment era:

  • 1789 Declaration and 1791 Bill of Rights;

  • XX century Modern era:

  • 1948 Universal declaration, 1950 European Convention of HR and 2000 EU charter on HR



Personal constitutional rights: to life, personal freedom (habeas corpus), private life, property, freedom of speech and convictions, freedom of movement...

  • Personal constitutional rights: to life, personal freedom (habeas corpus), private life, property, freedom of speech and convictions, freedom of movement...

  • Political constitutional rights: active and passive electoral rights, petition, right to criticize government, right to civil service, right to association, to be member of political party and trade union, right to strike;

  • Social constitutional rights: to education, to elderly and disabled pension, right to medical care, right to employment and vocations...



Art. 18. Human rights and freedoms should be natural (inborn).

  • Art. 18. Human rights and freedoms should be natural (inborn).



- 1998 Constitutional court ruling: right life is an absolute right, a mistake might not be corrected, therefore capitol punishment violates;

  • - 1998 Constitutional court ruling: right life is an absolute right, a mistake might not be corrected, therefore capitol punishment violates;

  • - Art. 21: It shall be prohibited to torture or injure a human being, degrade his dignity, subject him to cruel treatment, or to establish such punishments.

  • - Art. 3: each citizen shall have the right to resist anyone who encroaches on the independence, territorial integrity, and constitutional order of the State of Lithuania by force.



Art. 19. Human right to life shall be protected by law.

  • Art. 19. Human right to life shall be protected by law.

  • Art. 20. Nobody may be arbitrary arrested.

  • Art. 21. It shall be prohibited to torture or injure a human being, degrade his dignity, subject him to cruel treatment

  • Art. 25. Everyone shall have the right to have his own convictions and freely express them.

  • Art. 32. Citizens may move and choose their place of residence in Lithuania freely and may leave it freely.

  • Art. 38. Marriage shall be concluded upon the free mutual consent of man and woman.

  • Art. 53. The procedure for providing medical aid to citizens free of charge at state medical establishments shall be established by law.



  • Abortion (till the 1st trimester) is legal under 1994 by-law of Health minister;

  • Euthanasia is illegal;

  • Gender reassignment is not fully recognized:

  • L v. Lithuanian (2007) – personal code problem



Art. 33. Citizens shall have the right to participate in the governance of their State both directly and through their democratically elected representative.

  • Art. 33. Citizens shall have the right to participate in the governance of their State both directly and through their democratically elected representative.

  • Art. 33. Citizens shall be guaranteed the right to criticise public institutions.

  • Art. 35. Citizens shall be guaranteed the right to freely form societies, political parties and associations.

  • Art. 36. Citizens may not be prohibited from assembling unarmed in peaceful meetings.

  • Art. 50. Trade unions shall be established freely and shall function independently.

  • Art. 51. While defending their economic and social interests, employees shall have the right to strike.



Art. 23. Property shall be inviolable.

  • Art. 23. Property shall be inviolable.

  • Art. 39. The law shall grant for working mothers paid leave before and after childbirth.

  • Art. 41. Education at public schools shall be free of charge. Citizens who are good at their studies at public universities shall be guaranteed education for free of ch.

  • Art. 42. Culture, science, research, teaching shall be free.

  • Art. 48. Everyone may freely choose a job or business and have proper, safe, and healthy conditions at work, as well as to receive fair pay for work and social security in the event of unemployment.

  • Art. 50. The State shall guarantee its citizens the right to receive old-age and disability pensions.





politea, civis, res publica, imperia, regnum, monarchy, state, federal state (lander), EU…

  • politea, civis, res publica, imperia, regnum, monarchy, state, federal state (lander), EU…

  • State as sovereign hobsian leviathan and pure public power;

  • 2. Elements of national state: territory, people (nation) p. power, independence;

  • 3. Legal, democratic, social, secular, federal…

  • 4. Independence (independence acts);

  • 5. Symbols: flag, coat of arms, anthem etc…



- Art.84: “President shall, in the event of an armed attack threatening the sovereignty of the State, adopt decisions concerning defence against the armed aggression […]”.

  • - Art.84: “President shall, in the event of an armed attack threatening the sovereignty of the State, adopt decisions concerning defence against the armed aggression […]”.

  • - Art. 5: “state power shall be executed by the Seimas, the President of the Republic and the Government, and the Judiciary”

  • - “State” in the Constitution also appears as “Lithuania” and “Republic”.



rule of law also means it’s priority over state;

  • rule of law also means it’s priority over state;

  • rule of law v. rule of man;

  • Constitution as incarnation of law (rule of law)...



- Art. 28: Implementing his rights, everyone must observe the Constitution and laws […].

  • - Art. 28: Implementing his rights, everyone must observe the Constitution and laws […].

  • - Art. 29: All persons shall be equal before the law

  • - Art. 5: The scope of public power shall be limited by the Constitution.



  • Art. 2: The State of Lithuania shall be created by the nation (people). Sovereignty shall belong to the nation (people).

  • Art. 5: State institutions shall serve the people;



  • Art. 18: human rights and freedoms shall be natural (innate).



  • PP presentation: how these sovereign powers are reflected in your Constitution





  • - Athens and Rome as Ancient European heritage;

  • - Magdeburg rights in Middle ages;

  • - Modern local government and municipality and its autonomy;



Art. 118: The right to self-government shall be guaranteed to the administrative territorial units of the State, which are provided for by law;

  • Art. 118: The right to self-government shall be guaranteed to the administrative territorial units of the State, which are provided for by law;

  • Art. 120: The State shall support municipalities. Municipalities shall act freely and independently within their competence defined by the Constitution and laws;

  • Art. 121: Municipalities shall draft and approve their budgets. (Direct elected) municipal councils shall have the right, within the limits and according to the procedure provided for by law, to establish local levies…



Academy of Aristotle;

  • Academy of Aristotle;

  • Medieval (Catholic) Universities (students’ or teachers’ schools of education);

  • Modern private and public Universities



Art. 40: Schools of higher education shall be granted autonomy. The State shall supervise the activities of establishments of teaching and education.

  • Art. 40: Schools of higher education shall be granted autonomy. The State shall supervise the activities of establishments of teaching and education.



  • Does separation of Church means it’s legal autonomy?



Establishment or state church (UK, Greece);

  • Establishment or state church (UK, Greece);

  • Strong separation (France);

  • Cooperation (Germany)



Lithuanian constitutional principle of secular state (liet. pasaulietiškumas):

  • Lithuanian constitutional principle of secular state (liet. pasaulietiškumas):

  • - no establishment rule, but “traditional and recognised religious communities”;

  • - secularity as cooperation v. laicism as strong separation



- Former communists’ draft – strong separation;

  • - Former communists’ draft – strong separation;

  • Other drafts – cooperation between states and church

  • Art. 43 of the 1992 Constitution (concept of „traditional religiuos communities“) – from 1938 Constitution



1. State shall recognise the churches and religious organisations that are traditional in Lithuania, whereas other churches and religious organisations shall be recognised provided that they have support in society and their teaching and practices are not in conflict with the law and public morals. 3. Churches and religious organisations shall be free to proclaim their teaching, perform their practices, and have houses of prayer, charity establishments, and schools for the training of the clergy. 5. The status of churches and other religious organisations in the State shall be established by agreement or by law. 7. There shall not be a State religion in Lithuania.

  • 1. State shall recognise the churches and religious organisations that are traditional in Lithuania, whereas other churches and religious organisations shall be recognised provided that they have support in society and their teaching and practices are not in conflict with the law and public morals. 3. Churches and religious organisations shall be free to proclaim their teaching, perform their practices, and have houses of prayer, charity establishments, and schools for the training of the clergy. 5. The status of churches and other religious organisations in the State shall be established by agreement or by law. 7. There shall not be a State religion in Lithuania.



Roman Catholic church (80%);

  • Roman Catholic church (80%);

  • Orthodox church (Moscow patriarchate) (6%);

  • Lutherans (3%);

  • Evangelic reformats (2%);

  • Old believers orthodox church;

  • Greek Catholic church;

  • Tatars – Sunni Muslims;

  • Jewish;

  • Karaits (karaimai).



Art. 40: Education in public schools shall be secular. At the request of parents, classes of religion schall be provided.

  • Art. 40: Education in public schools shall be secular. At the request of parents, classes of religion schall be provided.

  • Art. 43:

  • 3. Marriage shall be concluded upon the free mutual consent of man and woman.

  • 4. The State shall also recognise registration of marriages in the churche.



Donations from state budget (restitution);

  • Donations from state budget (restitution);

  • Public TV and Radio broadcast;

  • Religious classes at public schools;

  • Recognition of religious marriages;

  • Chaplains at hospitals, prisons, army, universities;

  • Exceptions of clergy from military service and facts disclosure under criminal proceedings;

  • But obligation to do military service (according to July, 4, 2017 ruling of Lithuanian CC)? :)









  • a) representative of state (sovereign);

  • b) highest executive authority.



  Art. 5-C: In Lithuania public power shall be executed by the Seimas, the President of the Republic and the Government, and the Judiciary:

  •   Art. 5-C: In Lithuania public power shall be executed by the Seimas, the President of the Republic and the Government, and the Judiciary:

  • - Art. 85: The President implementing the powers vested in him, shall issue decrees.



Commander in chief;

  • Commander in chief;

  • Declaration of war, emergency and mobilization

  • Participation in legislative procedure: initiative, promulgation and veto;

  • Dissolution of parliament;

  • Participation in judicial powers: grant of grace;

  • grant of citizenship;

  • Nominations of highest public officials, including judges;

  • Competence in foreign policy



- Legislative initiative (about 5% of bills);

  • - Legislative initiative (about 5% of bills);

  • Promulgation of laws;

  • Suspensive veto







Members of Cabinet of ministers (PM Vagnorius in 1999 and FA minister Ušackas in 2010);

  • Members of Cabinet of ministers (PM Vagnorius in 1999 and FA minister Ušackas in 2010);

  • Judiciary (lower and higher);

  • Diplomatic corpus;

  • High military officers;

  • High police and security officers









on behalf of his former private company has used some pressure to take possession of other company shares;

  • on behalf of his former private company has used some pressure to take possession of other company shares;

  • Illicitly granted Lithuanian citizenship for his major financial supporter Russian businessman Mr. Jury Borisov.

  • Presumptively revealed for Mr. J. Borisov that he is under supervision of security police.



Double status of head of state in your constitution?;

  • Double status of head of state in your constitution?;

  • Impeachment procedure in your constitution?



Nature;

  • Nature;

  • Title;

  • Composition;

  • Judges v. members;

  • Term of tenure;

  • Appointments;

  • Age, women;

  • Some provisions of Lithuanian Constitution



Constitutional Court has double nature:

  • Constitutional Court has double nature:

  • 1) it is a judicial body – “a court” and it’s relationship with judicial system lies in courts’ competence to address their case to it for constitutional review

  • 2) CC is above (or apart) of judicial system, for it’s task is to guarantee supremacy of Constitution (as sovereign) and “speak” on behalf of it…



“C. Court” – in majority cases;

  • “C. Court” – in majority cases;

  • “C. Tribunal” – Andora, Spain, Portugal, Poland;

  • “C. Council” – France; Kazakhstan

  • constitutional justices v. members of CC



Real place depends very much on the real authority it succeeded to grow up during its existence:

  • Real place depends very much on the real authority it succeeded to grow up during its existence:

  • - German CC v. Belorussian CC;

  • - Lithuanian CC v. Russian CC;

  • - Judicial activism?..



As a rule, some part of judges of constitutional court are appointed from university professors

  • As a rule, some part of judges of constitutional court are appointed from university professors



19 (Russia);

  • 19 (Russia);

  • 18 (Ukraine)

  • 16 (Germany);

  • 15 (Italy, Czech Republic, Poland)

  • 14 + 6 substitute judges (Austria);

  • 13 (Portugal, Slovakia)

  • 12 (Belgium, Spain, Bulgaria, )

  • 11 (Croatia, Hungary, Turkey)

  • 10 (Azerbaijan)

  • 9 (Albania, Armenia, BH, Lt, Fr, Georgia, Romania, Serbia, Slovenia, Macedonia)

  • 7 (Latvia, Montenegro, Kazakhstan )

  • 6 (Moldova)



For life (Austria, Belgium, Turkey);

  • For life (Austria, Belgium, Turkey);

  • For 15 years (Serbia)

  • For 12 years (Germany, Albania, Russia, Slovak.)

  • For 10 years (Czech Republic, Latvia);

  • For 9 years (Armenia, Italy, France, Lithuania, Poland, Spain, Macedonia, Montenegro, Slovenia, Romania, Ukraine);

  • For 8 years (Poland, Croatia)

  • For 6 years (Portugal).



So called “mixed” procedure:

  • So called “mixed” procedure:

  • - by the Parliament, the Head of State or by all three public powers.



Georgia ~ 45

  • Georgia ~ 45

  • Latvia, Lithuania, Albania ~ 50

  • Germany, Serbia, Macedonia, Azerbaijan: ~ 55,

  • Austria, Portugal, Poland: ~ 58,

  • Russia, Ukraine, Moldova, Kazakhstan, Belgium, Hungary, Bulgaria, Romania, Slovak R, Turkey: ~ 60

  • Czech Republic ~ 65,

  • Spain: ~ 68,

  • France: ~ 70,

  • Italy: ~74.



- Belgium, Kazakhstan and Azerbaijan: 1

  • - Belgium, Kazakhstan and Azerbaijan: 1

  • - Turkey, Spain, Poland, Romania, Chech R. 2;

  • Moldova, Latvia, Hungary, France,

  • Italy, Georgia 3

  • - Lithuania Austria, Slovak R, Macedonia, Portugal, Bulgaria: 4

  • - Croatia, Serbia: 5

  • - Germany: 7 of 16



90’s – Central Eastern Europe;

  • 90’s – Central Eastern Europe;

  • ~ 2000 – Georgia, Armenia, Azerbaijan, Ukraine;

  • 2007 – Belgium;

  • 2011 – France...



  • - authoritarian past and big hunger for democracy and rule of law;

  • - strong wish for decentralisation and division of public power;

  • - distrust of ability for sole political power in safeguarding democracy / fear of abuse of public power by executive & legislature;

  • - wish to gradually change the judicial corpus of ancient (communist) regime;



  • UK,

  • Northern countries (Dk, Se, No, Fi, Ie),

  • Estonia,

  • Greece,

  • Switzerland,

  • the Netherlands,

  • Luxemburg.



Hans Kelsen’s model: a posteriori constitutional-judicial review of parliamentary statutes initiated by ordinary courts together with abstract review:

  • Hans Kelsen’s model: a posteriori constitutional-judicial review of parliamentary statutes initiated by ordinary courts together with abstract review:

  • - Interwar Austrian and Czechoslovakian ex.

  • - Postwar German example;

  • - Recent Spanish and Portuguese examples after re-establishing democracy in 80-ies.





Nominations, composition and term of office;

  • Nominations, composition and term of office;

  • Who may address;

  • 3. Competences.



The Constitutional Court shall consist of 9 justices, each appointed for a single nine-year term of office. Every three years, one-third of the Constitutional Court shall be reconstituted. The Seimas shall appoint candidates … submitted by the President of the Republic, the Speaker of the Seimas, and the Chief justice of the Supreme Court.

  • The Constitutional Court shall consist of 9 justices, each appointed for a single nine-year term of office. Every three years, one-third of the Constitutional Court shall be reconstituted. The Seimas shall appoint candidates … submitted by the President of the Republic, the Speaker of the Seimas, and the Chief justice of the Supreme Court.

  • The citizens of the Republic of Lithuania with an impeccable reputation, higher education in law, and not less than a 10-year length of service in the field of law or in a branch of science and education as a lawyer may be appointed as justices of the Constitutional Court.



The Government, not less than 1/5 of all the Members of the Seimas, and courts shall have the right to apply to the Constitutional Court…

  • The Government, not less than 1/5 of all the Members of the Seimas, and courts shall have the right to apply to the Constitutional Court…

  • President of the Republic, shall have the right to apply to the Constitutional Court concerning the conformity of the acts of the Government with the Constitution and laws…



The Constitutional Court shall consider constitutionality of legislation, acts of President and Government.

  • The Constitutional Court shall consider constitutionality of legislation, acts of President and Government.

  • The Constitutional Court shall also issue conclusions on:

  • 1) the violations of election laws during the elections (Parliamentary and Presidential) (8);

  • 2) on health of the President …;

  • constitutionality of international treaties (1);

  • 4) whether actions of officials under impeachment are in conflict with Constitution (5).



- Considers whether the laws are in conflict with Constitution;

  • - Considers whether the laws are in conflict with Constitution;

  • By name it is a “court” with “judges”;

  • The limitations established on work and political activities for the judges of courts shall also apply to the judges of the Constitutional Court (Art. 104).



  • Representative of (sovereign) Constitution



PPP: describe double status of Constitutional Court as reflected in your Constitution

  • PPP: describe double status of Constitutional Court as reflected in your Constitution



  • In the light of three main constitutional values: rule of law; democracy and human rights.



3 elements of national state (under international and constitutional law):

  • 3 elements of national state (under international and constitutional law):

  • People (European demos as „peoples of Europe“, European citizenship etc...);

  • Public power (EU clauses in constitution, Europe/EU as new sovereign);

  • Territory (Schengen area).



Rule of law: EU law primacy clause and EU as quasi-federal state);

  • Rule of law: EU law primacy clause and EU as quasi-federal state);

  • Democracy: European demos + European elections+ European Parliament

  • Human rights: ECHR and Europ. Charter / Strasbourg and Luxembourg courts (right to private life and non-discrimination principle)



1. Rule of law: European supremacy clause -

  • 1. Rule of law: European supremacy clause -

  • The norms of EU law shall be a constituent part of the legal system of the Republic of Lithuania. Where it concerns the founding Treaties of the European Union, the norms of EU law shall be applied directly, while in the event of collision of legal norms, they shall have supremacy over the laws and other legal acts of the Republic of Lithuania.



2. Rule of law – European Union as new co-sovereign:

  • 2. Rule of law – European Union as new co-sovereign:

  • The Republic of Lithuania as a MS of the EU shall share with or confer on the European Union the competences of its State institutions in the areas provided for in the founding Treaties of the EU and to the extent it would, together with the other Member States of the EU, jointly meet its membership commitments in those areas as well as enjoy the membership rights.



2. (European) Parliamentarism clause

  • 2. (European) Parliamentarism clause

  • The Government shall inform the Seimas about the proposals to adopt acts of EU law. As regards the proposals to adopt the acts of EU law regulating the areas which […] are related to the competences of the Seimas, the Government shall consult the Seimas. Seimas may recommend to the Government a position of the Republic of Lithuania in respect of these proposals.



Preamble of 2004 Constitutional act on Lithuania’s membership in the EU:

  • Preamble of 2004 Constitutional act on Lithuania’s membership in the EU:

  • […]expressing its conviction that the EU respects human rights and fundamental freedoms and that Lithuanian membership in the EU will contribute to the more efficient securing of human rights and freedoms…



PPP: European integration as reflected in your Constitution in the light of three constitutional values

  • PPP: European integration as reflected in your Constitution in the light of three constitutional values




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