| Abstract [eng] |
To answer this question properly, the methods of consistent interpretation (as reflecting indirect effect of international law) and that of direct application, commonly distinguished in legal doctrine, are not sufficient, as they do not reflect an entire scale of the domestic courts’ attitude towards the application of the Convention. Accordingly, referring to the relevant case law of the said above Lithuanian courts, some additional methods of indirect application are distinguished: that of formal, autonomic and supplementary application. T he analysis of all these methods reveal some problematic issues in the process of application of the ECHR before the Lithuanian courts, namely, regarding a formal monistic approach and improper autonomic interpretation of the ECHR by the domestic courts, which both menace to cause new violations of the Convention. Nevertheless, one can conclude that the Lithuanian courts in managing both – to ensure a steadily growing process of the internalisation of the Convention, on one hand, and the internationalisation of domestic law, on the other, play the most outstanding role in the process of the implementation of the conventional standards in Lithuanian law. |
