| Abstract [eng] |
This master's thesis analyses the effectiveness of cassation in Lithuanian civil proceedings. The topic is revealed by analysing legal doctrine, legal regulation, case law, as well as various publicly available sources, such as statistical data from international and national organisations, and, in some cases, the author's survey of judges. As the concept of effectiveness is quite broad, the effectiveness of the cassation is assessed in relation to criteria defined by the author. The effectiveness of cassation is assessed by starting with the selection of cassation appeals and discussing the problematic aspects of this process - assessing the unmotivation of the decisions of the selection panels of the court of cassation, the outcome of cassation cases, the problem of repeated cassation appeals, and the problems of the competitiveness and quality of the state's provision of secondary legal aid in the context of cassation appeals, and, in all cases, providing a possible solution to the problem. The assessment of these aspects of the selection process leads to the conclusion that the process of selection of cassation appeals in Lithuania needs to be improved. The effectiveness of cassation in civil proceedings in the implementation of human rights and the principle of expeditiousness of proceedings is further analysed, concluding that in the context of these criteria, the Lithuanian civil procedure is effective, and the European Court of Human Rights has recognised only a few infringements after the cassation proceedings. Author has also evaluated length of cassation procedures and made a conclusion that in this regard cassation in Lithuania is also effective. Finally, the model of specialisation of judges in the Supreme Court is evaluated and the related problem of unevenness and lack of needed specialisations is discussed. |
