| Title |
Lietuvos individualaus konstitucinio skundo modelio privalumai ir trūkumai / |
| Translation of Title |
Advantages and disadvantages of the Lithuanian individual constitutional complaint mode. |
| Authors |
Pūraitė-Andrikienė, Dovilė |
| DOI |
10.15388/Teise.2020.114.3 |
| Full Text |
|
| Is Part of |
Teisė.. Vilnius : Vilniaus universiteto leidykla. 2020, t. 114, p. 49-70.. ISSN 1392-1274. eISSN 2424-6050 |
| Keywords [eng] |
individual constitutional complaint ; Constitutional Court ; constitutional justice model. |
| Abstract [eng] |
This article analyses the main elements of the model of individual constitutional complaint enshrined in the Constitution of the Republic of Lithuania and in the ordinary legislation. These elements are: objects of individual constitutional complaint; subjects entitled to lodge individual constitutional complaint and filters, which reduce the flow of individual constitutional complaints. This article aims to reveal the legal framework regulating these elements and to identify its advantages and disadvantages.This article concludes that the normative constitutional complaint model established in Lithuania should be viewed positively. The possibility to overturn decisions of courts of general jurisdiction would extend the powers of the Constitu-tional Court over other judicial authorities and create tensions between courts. However, the possibility to defend violated rights by this type of complaint is rather limited. Therefore, this deficiency would be at least partially compensated by extension of the circle of other subjects entitled to apply to the Constitutional Court.Taking into account the concept of "every person" used in the Constitution, it is logical to assume that not only natural persons, but also legal persons, citizens of the Republic of Lithuania and citizens of other states, stateless persons, etc. fall within the circle of subjects which may apply to the Constitutional Court with an individual constitutional complaint. Otherwise, the term “person” or “citizen” would be chosen to define this circle. The consolidation of a concept of “every person” in the Constitution should be viewed positively as not preventing different categories of subjects from defending their rights in the Constitutional Court.The Lithuanian individual constitutional complaint model contains three measures, which reduce the flow of individual constitutional complaints (filters): the requirement that the rights of petitioner, but not of a third party, would be violated by an unconstitutional legal act; exhaustion of other legal remedies; time-limit for application (constitutional complaint may be submitted within 4 months after the final decision). The establishment of these measures in the constitutional complaint model is undoubtedly necessary as it helps to control the flow of unjustified, repetitive, potentially unsuccessful complaints. However, the national individual constitutional complaint model does not include some exceptions to these filters, that have proved their worth in other European countries. The Lithuanian constitutional complaint model also did not establish the obligation to be legally represented and the requirement to pay the court fees for proceedings before the Constitutional court. |
| Published |
Vilnius : Vilniaus universiteto leidykla |
| Type |
Journal article |
| Language |
Lithuanian |
| Publication date |
2020 |
| CC license |
|
