| Abstract [eng] |
This Master’s thesis deals with the institute of individual constitutional complaint as an effective instrument for protection of personal rights and development of consitutionalism. Individual constitutional complaint is one of the legislative measures used on an individual’s initiative and aimed at ensuring the protection of constitutional rights and freedoms of individuals against unconstitutional acts of public authorities. Thus, individual constitutional complaint enables individuals to make decisions about the protection of their rights. It is the best and simplest mechanism ensuring actual protection of human rights. The first part of the work analyses the premises, historical development, formation and prevalence of individual constitutional complaint. The second part of the Master's thesis reveals the reasons for a legal reform with regard to individual constitutional complaint and the main arguments why the existing model of limited application to the Constitutional Court should be supplemented by introducing the right for natural and legal persons to refer to the Constitutional Court directly. The third part presents the evaluation of the institute of individual constitutional complaint in the Lithuanian legal system and the prospects for its validation. Taking into account the historical context of this legal measure and providing the examples of foreign practice (Germany and Latvia), the thesis presents the pros and cons of individual constitutional complaint models, which are crucial for effective introduction into the Lithuanian legal system. It is noted that there is not and cannot be a single model of individual constitutional complaint, because each country, taking into account its social and cultural conditions, legal system and legal consciousness of its society, must adopt a unique and distinctive model of individual constitutional complaint that would function effectively. The expediency and legal prospects of individual constitutional complaint in the Lithuanian legal system are disclosed through the analysis of legislation and draft legislation regulating the guidelines for the introduction and prospects of individual constitutional complaint in the constitutional framework of Lithuania. Theoretical and practical aspects and prospects of establishing the institute of individual constitutional complaint in the national legal system of Lithuania are discussed. In order to achieve the aim of the research, an overview of international legislation which has a strong influence on the Lithuanian legal system is provided. |
