Abstract [eng] |
The rule of law is one of the many values of a democratic state. The concept of the rule of law includes the demotratic foundations of the state, such as the principle of separation of powers, obligations of limiting the powers of power and the service of institutions to the people, the principles of impartial and independent equality of the court and persons before the law and similar principles. There is no unified concept of a state under the rule of law at the international level or at the national level of the European Union or the Republic of Lithuania, for this reason there is a risk that the limits of application will be overly expanded, leaving too much room for interpretations of courts. The work analyses the concept of the rule of law, the limits of application, elements within the competence of the European Convention on Human Rights. The jurisprudence of the European Court of Human Rights on the issues of application of the rule of law is examined, and the criteria for admissibility of an individual petition are discussed. The concept and application of the rule of law principle shall be analysed by comparing the norms of international law with the national norms of the European Union and the Republic of Lithuania and their interpretations in case law. |