| Abstract [eng] |
The master's thesis examines the problems of regulation and implementation of the principle of independence of judges in 1918–1940. The aim of the work is to identify the problems of independence of judges and their solution (attempts to solve them) in interwar Lithuania. Work tasks: 1) examine the concept and importance of the principle of independence of judges; 2) distinguish the typology (classification) of independence of judges and examine their characteristics; 3) to identify the problems of implementation of the principle of independence / independence of judges in interwar Lithuania; 4) identify and analyze how those problems were solved. The principle of independence of judges stems from the principle of separation of powers. There cannot be independence of judges without independence of courts, and vice versa. The principle of independence of courts and judges is one of the essential principles of a democratic state and creates the prerequisites for the proper exercise of the powers granted to judges. The most common division of judge independence in Lithuania into external and internal elements. It is noted that in the jurisprudence of the European Court of Human Rights and the practice of Lithuanian courts, the independence of judges is often explained in connection with the judge's subjective and objective impartiality. In the beginning, courts and judges did not have independence. Later in 1922 In the Constitution, the independence of courts and judges was formal. There were many problems: judges could be influenced, there was a lack of educated judges, and lack of material support. In 1933 The Judicial System Law increased the independence of judges. The problem of shortage and qualification of judges has improved significantly. The political authorities tried to improve the financial provision of courts and judges. In 1933 The Judicial System Law corrected many of the shortcomings of the legal regulation of judicial independence and the implementation of guarantees of judicial independence from the previous years. However, it was not possible to reliably ensure the independence of judges. |
