Recognition of the status of family in the Constitution of the Republic of Lithuania mandates the state authorities to care and provide for the family, to ensure the family members’ constitutional rights, and to ensure respect for family life. Such duties fall on both, the legislative and executive authorities. However, the enforcement of constitutional imperatives is not straightforward. One reason for this is that the Constitution does not contain any legal definition of ‘family’ or ‘family members’. Nor does the jurisprudence (...) of the Constitutional Court of the Republic of Lithuania reveal the content of these notions. This, in turn, allows for various interpretations as to the scope of duties of state authorities and state attitude towards the family in general. In this context, the article aims to present approaches to the legal concept of family in Lithuanian legal doctrine, positive law and court practice. First, the article analyses the constitutional background of the concept of family and presents an overview of the ongoing political debate concerning this concept. Second, we analyse Lithuanian legal doctrine, scanty as it may be on this issue. Third, we examine the legislative specifics and the case law developed by the country’s highest judicial bodies with regard to the legal definition of ‘family’ and ‘family members’ in order to assess their impact on the state family policy in general. (shrink)

Following the violent protests in the Republic of Moldova against the Communist Party – governing since 2001 – that took place in April 2009, after the release of the parliamentary elections results, the Romanian Government has adopted the measure of simplifying the fundamental and formal conditions for regaining Romanian citizenship through Government Emergency Ordinance (GEO) No. 36/2009 for modifying and completing Law on Citizenship No. 21/1991. This measure is focusing particularly on the citizens of the Republic of Moldova who wish (...) to be granted Romanian citizenship. By presenting the changes brought by GEO No. 36/2009, by comparing them to the other changes made to Law No. 21/1991 in 2007 and 2008, this article tries to answer the question of how the system of granting and regaining Romanian citizenship should be regulated, taking into account the Romanian accession to the European Union and the necessity to discard the consequences of the Ribbentrop – Molotov Pact, which was officially condemned by the Romanian Parliament in 1991. The de lege ferenda proposals made in this article have the purpose to make the system of acquiring Romanian citizenship more transparent and easier to explain to the entitled persons and to the European Union institutions monitoring the legal and illegal migration. (shrink)

Under Article 63 of the Constitution, a gross violation of the Law on Elections to the Seimas is one of the grounds for discontinuation of the powers of the Member of the Seimas. The Constitution does not reveal expressis verbis as to what is a gross violation of the law on election. The establishment of this is within the discretion of the legislator. While defining what a gross violation of the Law on Elections to the Seimas is, the legislator is (...) bound by the norms and principles of the Constitution. Although the Constitution does not define expressis verbis as to what a gross violation of the law on election is, the fact that, under Item 6 of Article 63 of the Constitution, the powers of a Member of the Seimas shall cease on this ground, implies at least several things: first, not every violation of the law on election can be regarded as a gross one, thus, if the law on election has not been grossly violated, it is not permitted on this ground to recognise that the Member of the Seimas lost his mandate, or that the powers of the Member of the Seimas ceased; second, only such violations may be regarded as gross ones, upon commission of which there appear reasonable doubts whether during the election the genuine will of the voters was expressed, whether their will was not distorted to the extent that the results of the election do not reflect the genuine will of the voters and the mandates of Members of the Seimas have been distributed unfairly. (shrink)

The present article analyses the qualitative and quantitative parameters of the execution of foreign policy in the Constitution of the Republic of Lithuania. It should be noted that the matters of foreign policy were on the brink of constitutional regulation for a long time. The powers of institutions of the state in the field of foreign relations were established laconically by the Constitutions of first and second “waves” of establishment of constitutionalism. It was argued that the choices of decisions and (...) the execution of foreign policy were determined by political reasons and the law could only fix the results of that policy. That is why these constitutions should be seen as establishing quantitative characteristics of action of the state institutions in the field of foreign policy. As a result of the changes in the concept of the Constitution and the general recognition of the relevance of constitutional regulation from the middle of the twentieth century the constitutional acts began to define not only the powers of certain state institutions in the field of the foreign policy but also the objectives and principles of this policy. These objectives and principles are qualitative parameters of the action of state institutions, which are mandatory constitutional requirements to all subjects engaged in foreign policy. From a qualitative standpoint, the powers of the state institutions can be exercised only by taking the constitutional objectives into account and by respecting the Constitution. The Constitution establishing both qualitative and quantitative characteristics of the execution of foreign policy becomes an actual basis of this policy. It is unlawful to execute foreign policy without complying with its objectives and constitutional principles. The institutions of constitutional review have the powers to determine the constitutionality of legal acts related to the execution of foreign policy. Constitutional regulations previous to the Constitution of the Republic of Lithuania of 1992 only defined the powers of state institutions, i.e. the quantitative parameters of their action. The Lithuanian Constitution of 1992 also established the constitutional objectives and principles of foreign policy. This area of constitutional regulation has been enhanced by the participation of the Republic of Lithuania in the European Union. The author suggests analysing this matter as an autonomous constitutional principle and not only as a case of participation in international organisations or an integral element of the principle of geopolitical orientation. Constitutional objectives and principles of foreign policy, as well as the other provisions of the Constitution regarding the exercise of foreign policy, are interpreted in constitutional jurisprudence. In cases concerning the constitutionality of international treaties, laws and other legislative acts directly related to the exercise of foreign policy, the Constitutional Court reveals the content and meaning of the qualitative and quantitative constitutional parameters of foreign policy. Despite the fragmented nature of the case law one can see the precise contours of the foreign policy system. (shrink)

The paper aims at revealing the key legal and political factors that determined the organization and holding of the referendum on unconditional and urgent withdrawal of the former USSR army from the territory of the Republic of Lithuania and restitution of damage to Lithuania. It is established that the main factor was that the Supreme Council-Reconstituent Seimas of the Lithuanian Republic adopted provisions on the status of the occupation army and was constant in seeking to ensure the sovereignty of the (...) state of Lithuania throughout its territory. The position of the nations, parliaments and governments of the Republics of Estonia and Latvia was yet another circumstance that the organizers of the referendum relied upon. Their position was aimed at ensuring that as a result of negotiations, the foreign military forces return to dislocation places in its own territory. Retrospective view on the phenomena and facts of the state’s internal and foreign politics in 1991-1992 makes it impossible not to notice that negotiations with the USSR and later, with the Russian Federation, took place in a complicated political arena. While Lithuania was seeking dynamism in negotiations, the other party was finding various excuses to impede dynamic actions and thus to delay positive agreements. Taking due regard to the situation, it was believed that a decision adopted by the Nation would speed up the negotiations on foreign state’s armed forces. (shrink)

The article describes the main publications of emigrant press during the period of 1945-1990. These publications reflect a significant contribution to the academic research of the constitutional development problematics of an independent Republic of Lithuania in 1918-1940, made by the emigrants who escaped Soviet aggression by going to the West. Among emigrants these topics were mostly analysed and described at the time when any possibilities of objective academic research in Lithuania were widely limited by Soviet ideology and politics. Exceptional attention (...) of emigrant authors was attracted by the democratic constitutional structure of Lithuania, established by the Constituent Assembly. The article describes the academic research made by emigrants on the main constitutional acts established by the Constituent Assembly, such as the resolution of the 15th of May, 1920, ascertaining the fact of reconstructing the independence of the state of Lithuania, as well as the Constitution of Lithuania of August the 1st, 1922. (shrink)

The article underlines the significance of social rights as important constitutional rights of a human being and emphasises the peculiarities of their nature from the point of view of not only national, but also international law. The article presents an analysis of the constitutional doctrine of the protection of guarantees of social rights, which has been formulated by the Constitutional Court of the Republic of Lithuania in the course of considering the issues of reduction of social guarantees—pensions and remuneration, which (...) were determined by the economic crisis. In the Constitutional Court’s jurisprudence the personal right to social security has been construed in the most broad and comprehensive terms. The human rights and freedoms enshrined in the Constitution have been treated as constituting an integrated and harmonious system, and social rights have been interpreted not only as certain obligations of the state to the public, which inter alia are determined by the social purpose of the state, but also as a person’s individual rights, for which judicial defence is guaranteed. Such concept of the said rights has also been influenced by international law, inter alia the jurisprudence of the European Court of Human Rights. Social rights, while being an object of regulation of international law, have been forming the European doctrine of guarantees of these rights and have influenced the concept of these rights in national law. The main attention in the article is devoted to the analysis of the doctrine formulated in the Constitutional Court’s jurisprudence in relation to the correction (limitation) of social rights (payment of pensions and remuneration) under the conditions of economic crisis. In the article the period of formation of this doctrine is divided into two stages: the period of 2002–2006, when the Constitutional Court had to decide regarding the compliance of the legal acts whereby social guarantees had been constricted with the Constitution, and which was caused by the consequences of the so-called Russian economic crisis for the economic development of the state of Lithuania; and the period from 2009 to date, during which the Constitutional Court has been forming the constitutional doctrine of limitation of social rights, which was conditioned by the outcomes of the global economic crisis for the economy of the state of Lithuania. The article raises a question as to whether the constitutional doctrine being formed by the Constitutional Court in relation to the limitation of social rights under the conditions of economic crisis may be assessed as an independent one or whether it still remains to be a separate case of limitation of rights within the general doctrine of limitation of human rights. On the basis of the analysis of the Constitutional Court’s jurisprudence, a conclusion is drawn that the criteria established in the Constitutional Court’s doctrine of limitation of social rights under the conditions of economic crisis are even stricter than the universally recognised criteria for the limitation of human rights in the law of human rights, therefore, it is possible to assess the doctrine of limitation of social rights under the conditions of economic crisis, as formulated by the Constitutional Court during 2009–2012, which is the continuation of the previous doctrine, as an independent doctrine, the basis of which, undoubtedly, remains to be formed by the general principles of limitation of human rights recognised in the law of human rights. The article is not only confined to the analysis of the jurisprudence of the Constitutional Court of the Republic of Lithuania, it also provides examples of construction of the doctrine of social rights (inter alia those influenced by the economic crisis) by certain other constitutional courts. (shrink)

The article offers a concise view on the problems related to the compatibility of the religious clauses in the Polish Constitution with the principles and standards of the European Union and with the constitutional regulations of other individual member states. The author particularly demonstrates to what extent Poland is different or even unable to enter this community and fully participate in the integration of the continent. In the first part of the article, the author studies the content of the Polish (...) basic law provisions on religion, in the second—the corresponding European Union regulations and similar rules in force in the individual nations of the continent. The article concludes that the constitutional provisions on religious matters demonstrate that regulations in the Polish basic statute are not more confessional than those established in other European Union countries. (shrink)

The article analyses the regulation for premature termination of the Parliament in Latvia. The introductory part of the article provides a short characteristic of the Constitution of Latvia - the Satversme adopted in 1922, and outlines the basic principles of legal regulation of the Parliament, i.e. the Saeima. Further chapters of the article analyse historic development of the premature termination of the Parliament. On 15 February, 1922, when the Satversme was adopted, only one mechanism for the premature termination of the (...) Parliament was established there: dissolution of the Saeima. However, relatively recently, in 2009, after a prolonged public discussion another mechanism for the premature termination of the activity of the Saeima was established, which was the recall.1 Both models of the termination of the activities of the Parliament are analysed in the article by specifying the principal differences between them. Along with the analysis of the provisions of the Constitution and theory, the practice of dissolution of the Saeima is characterised as well, because in 2011 the Parliament (the Saeima) was dissolved in a constitutional way for the first and so far the only time in the history of Latvia and extraordinary elections were held. (shrink)

The most significant moments of restoration of Lithuania’s statehood and its constitutional consolidation in the national legislation during the Atgimimas period (from the foundation of Sąjūdis on 3 June 1988) and the work of the Supreme Council of Lithuania (from February 1990 to October 1992) are discussed in this article. The author pays attention to the challenges of drafting the new Constitution – the main weapon in the political fight; the article declares the complexity of this process and mentions the (...) participating persons. The article analyses the process of adopting the fundamental legal acts, initiated by Sąjūdis, such as the Citizenship Law, the Political Parties Law, the Law on the Constitutional Court. The most important and relevant problems and aims of the Independent State’s first year legislation are discussed in the article. One of the first legal acts – the Regulation of the Supreme Council of the Republic of Lithuania, as well as considering about the functions of the officials and other staff of the Supreme Council, the functions of the Legal Department, the relations between the Supreme Council and its Legal Department are analysed. The article pays attention to the first steps of the Independent State, based on the Constitution of the Republic of Lithuania, adopted on 25 October 1992 by referendum. The restoration of the Presidential institution and the formation of the Constitutional Court is also discussed. The significant role of Professor dr. Juozas Žilys in drafting the most important legal acts, acting as preconditions for the restoration of statehood of our country and its constitutional consolidation is noted in the article. (shrink)

The extent to which the legal doctrine addresses manifestations of constitutionalism has been constantly growing. However, the majority of research in constitutionalism focuses on the analysis of the power of the Constitution and the fundamental principles entrenched in it whereas ordinary branches of law, including civil procedure, affected by the constitutional law remains outside the scope of a deeper analysis. The author of the present paper is convinced that certain aspects of the impact of constitutional justice on such branches as, (...) in particular, civil procedure deserve deeper interest. The modest scope of the paper precludes an extensive analysis of the role of the Constitution as a fundamental binding Act and today’s abundant doctrine of Lithuania’s Constitutional Court in civil procedure. Therefore, the present paper is confined to an analysis of individual aspects of direct application of the Constitution and the doctrine of the Constitutional Court. The article analyses the power of the Constitution and its impact on the civil procedure as an Act laying down the fundamental principles binding the legislator in adopting procedural instruments and principles to be followed by courts and as a remedy for violations of rights or a tool to address loopholes and collisions of law. Courts of general jurisdiction perform the control of legitimacy of legal Acts by checking their compliance with the Constitution in individual cases and by applying to the Constitutional Court for repeal of anticonstitutional norms or by applying the Constitution as an Act of direct effect to eliminate loopholes, interpret statutes and deal with collisions of legal norms. The author believes that the fact that the courts of general jurisdiction frequently raise questions of incompliance of legal Acts with the Constitution and decisively apply to the Constitutional Court evidences a high level of legal culture and legal consciousness of the judges. That fact may also serve as a precondition for the growth of confidence in the judiciary as judicial procedures may contain no uncertainties as to the constitutionality of the statutes to be followed in litigation. (shrink)

Algis Mickiinas savo straipsnyje svarsto moder- niojo mokslo ir filosofijos ivykdytq tikroves "su- skliaudimo" judesi, leidusi semiotikams ir dekonst- rukcininkarns teigti kalbq arba diskursq esant pirmi- ne ir svarbiausia galios forma, pasirei3banEia visose 2mogiSkojo patyrimo ir praktikos srityse. Autoriaus tikslas - analizuojant 3i "suskliaudimq" atverti ypa- tingas struktiiras, "kurios niekam nepriklauso ir yra niekur neaptinkamos, ta&au yra esmingiausiy miisy modemiojo hojimo modalumy pamatas". Autorius teigia, jog wenamasis pasaulis - morfologiSkai kon- stituoty ir intuityviai suvokiarny ivykiy ir objekty pa- saulis - (...) yra suskliaudiiamas mokslinio skepsio, o pa- grindu laikoma transcendentine ir homogeniika tik- rove neatsiveria pojiiEiams. Teorinio-metodologinio formalizmo konstitucija, stokojanti intuityvaus as- pekto, neturi vertikalaus matmens ir tegali biiti arti- kuliuota horizontaliai, nuosekliavienalaypte progre-sija, remiantis savo paEios vidinemis taisyklemis. Ji neturi jokio biitino rySio su transcendentine homo- geni3ka tikrove; Sis rySys - arbitralus ir lemia tai, jog tikrovei primetami atsitiktinai parinkti forrnaliai kon- stituoti metodai. Sitoks arbitralus teorinio-metodo- loginio formalizmo ir w e n a m o pasaulio rySys Mic- kiinui leidiia interpretuoti modernyji progresq kaip autoreferentiSkq, subjekto n e t u ~ t j reiskini, kaip ar- bitraly riby nepaisymq, ir moderniqjq galiq kaip de- centralizuotq atsakomybq, kaip "galiq be priehties", kuriq palaiko ir maitina beribes formaliy ir materia- liy konstrukcijy galimybb. 'Ibks visur i3plitqs bet kobo veiksmo arbitralumo ir riby nebuvimo pojiitis ir yra, anot autoriaus, niidienos humanizmo krizes esme. Raktiniai ZodZiai: fenomenologija, swkliaudi- mas, gyvenamasis pasaulis, teorinis-metodologinis f o m l ~. (shrink)

This article considers the major constitutional reforms which have taken place in the United Kingdom during the period of government by the Labour Party, 1997-2010. Within the context of the UK’s unwritten constitution, the article first considers how ‘constitutional’ law can be identified when compared with a written constitution, such as that of the Republic of Lithuania. The article then analyses the major reforms which have taken place since 1997, the political reasons behind them, the processes of reform and their (...) impact on the constitution. The four areas examined—reform of the House of Lords; the enactment of the Human Rights Act 1998; devolution; and the changes to the judiciary in the Constitutional Reform Act 2005—have all had a significant impact on the way in which the UK is governed. The article argues that these are all welcome developments, but that in many cases they are incomplete. In the absence of the likelihood of a future written constitution for the UK, sustained efforts by future governments are needed by to ensure that the reforms fulfil their aim of modernizing the democratic system. (shrink)

The Swiss Confederation is characterised by a long constitutional evolution that can be divided into several important periods: the Old Swiss Confederacy (13–14 C.), Helvetica (1798–1848), Mediation (1803–1814), Restoration (1815–1830), Regeneration (1830–1848) and development since 1874. It can be stated that Switzerland adopted a modern, democratic constitution early; this state is the oldest democratic republic in Europe. In 1874, many amendments to the effective Constitution were made and a lot of gaps in legal regulation came to light, which led to (...) the opinion that in order to remove those shortcomings, a few specific amendments were no longer sufficient; therefore, it was decided to make substantial changes to the Constitution. The new Constitution was approved by the people and the cantons in the referendum of 18 April 1999 and came into effect on 1 January 2000. The most significant features of this Constitution include the entrenchment of the principles of democracy, federalism, and of the state of law and social welfare. Pursuant to the principle of division of governmental powers, the governing of the state is carried out by the following federal institutions: the Federal Assembly, the Bundesrat and the Federal Court. (shrink)

In Latin America there are two models of constitutions - the liberal and the most stable Constitution of the Argentine Nation, drafted in 1853, (which was discussed in our previous article) and one of the most radical, comprehensive and unstable – the Constitution of the United Mexican States of 1917. Although both of them were constructed under the model of the US constitution with the influence of Spanish and French constitutionalism and local national traditions, the Argentine constitutionalism has developed on (...) the grounds of the American legal system, as the Mexican one still could not break with the civil law tradition. (shrink)

While analysing constitutions of various countries in the legal literature, usually not only the form and the content but also the structure of the constitution is discussed. The structure of the constitution is an internal organisational order of the norms of the constitution. Although every state has a unique structure of their constitution, however, certain regularities can be discerned. The analysis of the structure of various constitutions leads to a conclusion that normally each constitution consists of the following standard structural (...) parts: the preamble, the main part, the final, transitional or additional provisions, in some constitutions there can also be annexes. The article ascertains that most of the constitutions begin with the introductory part, the preamble. Only the constitutions of several countries (e.g. Norway, the Netherlands, Belgium, Italy, Greece) contain no preamble. After analysing the preambles of the Lithuanian Constitutions adopted in 1918-1940, the Lithuanian Constitution of 1992, the Constitution of the United States of America of 1787, the Constitution of Federal Republic of Germany of 1949, and the constitutions of several Central and Eastern European countries (the Constitution of the Republic of Estonia of 1992, the Constitution of Czech Republic of 1992 and the Constitution of the Republic of Poland of 1997) it is stated that a preamble is considered as an inseparable part of an official text of a constitution. The preamble reflects the historical context and the circumstances of the adoption of a constitution, names the goals of the constitutional regulation, fortifies the values to be attained, declares the key political principles or even the fundamental human rights and freedoms, etc. Often the preamble reveals the methods of adoption of a constitution. The preamble is an important structural part of the constitution that helps to understand the established constitutional regulation. The principles enshrined in it can be considered as significant argument for the constitutional justice institutions while solving the case of whether the law or any other legal act in question contradicts with the constitution. While interpreting and applying the constitution as a single act, its separate sections, clauses or certain provisions it is necessary to take the content of the preamble into account, since no text of the constitution shall be interpreted in a way to contradict the statements of the preamble and its spirit. The preamble is not only a category of a political, ideological or philosophical nature, it undoubtedly has the legal burden, therefore it is considered to have legal validity. Constitutions usually do not contain any particular preamble amendment procedures. The preambles are characterised to have the so-called higher style; they are usually formulated not in compliance with the requirements of legal technique. Therefore, they differ from other constitutional provisions that are usually set out in official writing style according to certain rules of legal technique. (shrink)

Constitution is an exclusive legal document, and its interpretation is a process – a continuous work of explanation of its content, the end and qualitative perfection of which may only be considered taking into account the limits of intellectual potential of the particular time. The interpretation of constitution is a permanent process, which is influenced and determined by plenty of conceptual factors. Firstly the supreme juridical power of the constitution as well as its integrity determines the opportunities of its interpreter (...) and applier. Integrity of the constitution is considered to be the legal, philosophical, logical integrity of its norms, which determines an obligation of its interpreter to perceive this legal act as an integral unit, i.e. not only as a catalogue of particular values, but also as a balance of these values. All the constitutional expressis verbis provisions are equal in its’ juridical power, that is why they do not negate each other, on the contrary – each of them only complement others’ content. Besides, it is important to mention that exceptional juridical power of the constitution determines its interpretational self-sufficiency. Constitution can not be interpreted invoking the content of the acts of lower juridical power. (shrink)

T. G. Masaryk and M. Romeris are certainly prominent personalities and great names in history. It would be hard to understand the Czech nation and the development of the state of Czechoslovakia without T. G. Masaryk’s philosophical views on person, nation, state, and his political activity; and it would be hard to understand certain aspects of the interwar Lithuania’s legal and political development without M. Romeris’ scientific heritage. These are the personalities, who have left a significant inheritance due to their (...) scientific, political and social activities. (shrink)

The constitution’s standing as a legal act of the highest power not only ensures its exclusive status in the legal system but also determines the hierarchic certainty of all norms within that system. The explicit character of the constitution does not preclude it from ensuring the hierarchical functionality of the legal system. This latter function requires that the limitation “problem” of explicitness be addressed by interpreting the constitution as a systemic document. Applying the constitution, therefore, requires a continuous effort in (...) comprehending it. The official doctrine of constitutional judicial institutions reflects the standard for understanding the constitution. This standard becomes the sole source, not only de jure, but significantly de facto, for determining the legality of legal acts. The constitution, as the prime and foremost law in a country, determines the functionality of the entire system of legal norms. As a legal source, it takes on the role of the material arbiter of final legality. The constant need to ensure the functioning of the system of legal norms hence informs yet another necessity–to apprehend and understand the constitution and the norms and principles established within. A few factors induce this perpetual need for interpretation, those being (a) the abstractness of constitutional norms, (b) “competition” among constitutional norms, (c) the integral and systemic nature of the constitution, and (d) the problem of legislative/regulative omission in the constitution. (shrink)

The author of the article analyzes the constitutional doctrine of the dismissal of a judge from office upon the expiration of the term of powers. The author discusses the guarantees of the independence of courts and judges, one of which is the guarantee of the inviolability of the length of powers of judges. The previously valid Law on Courts used to provide that the President of the Republic could appoint a person as a judge of a local court when such (...) an appointment is made for the first time, for a five-year term, and that upon the expiration of the five-year term, the President of the Republic could appoint such a person as a judge of a local court without examination or selection until the person reaches the age of 65. Under the Law on Courts valid at present, judges of all courts are appointed at once for the term until they reach 65 years of age. It is asserted in the article that the Constitution of the Republic of Lithuania has not established the right of a person, who was for the first time appointed as a judge of a local court for a five-year term, to be appointed as a judge until he reaches 65 years of age. (shrink)

The article deals with the criteria upon which the powers of the Seimas (the Parliament of the Republic of Lithuania) and the Government are delimited in the constitutional jurisprudence of Lithuania. It analyses how the Constitutional Court construes the principle of separation of powers as entrenched in the Constitution and evaluates the meaning of the provision of the Constitution that corresponding ‘relations are regulated by law’. If the Constitution provides that certain relations are regulated by means of a law, such (...) relations may be regulated only by means of a legal act, which takes the form of a law, and it is, therefore, not permissible to regulate such relations by Government resolutions or other acts of the executive. The most important elements of legal relations must be regulated (established) by means of a law, whereas Government resolutions might establish the procedure for the implementation of such laws. Rulings of the Constitutional Court reveal that once the powers of a specific branch of state power have been directly established in the Constitution, an institution of state power may not assume the said powers fr om another state institution. It may not transfer or waive them; and such powers may not be amended or limited by means of a law. The question remains, whether the provision of the Law on the Diplomatic Service wh ereby the candidacy of a diplomatic representative must be reviewed by the Seimas Committee on Foreign Affairs in advance is not in conflict with the Constitution. (shrink)

The article deals with the legal acts which were adopted by the Supreme Council Reconstituting the Seimas of the Republic of Lithuania on 11 March 1990, and which are related to the restoration of the independent State of Lithuania. The author discloses the chronology of the legal acts adopted on that day and investigates why some particular act was adopted first, and only later another act was passed; he investigates the circumstances which determined the content of the legal acts and (...) shows the interconnection between these acts. The sequence and content of the legal acts of restoration of independence were determined by the fact that the independent State of Lithuania could not arise from the so-called “Lithuanian SSR” which had never been a form of Lithuanian statehood. The restoration of independence could and had to be grounded only upon the continuation of the pre-war Republic of Lithuania. One had to draw a boundary line between the Supreme Soviet of the Lithuanian SSR, which was elected in democratic and free elections on 24 February 1990, and which was a genuine representation of the Nation, from the former Supreme Soviets of the Lithuanian SSR—the essence and formation procedure of which was completely different. This was done by adopting the Declaration “On the Powers of the Supreme Soviet of the Lithuanian SSR” in which it was held that in the 24 February 1990 elections the Nation vested to the deputies of the Supreme Soviet of the Lithuanian SSR the mandate and the duty to restore the State of Lithuania and express the sovereign will of the Nation through this body, which, from 11 March 1990, 6 p.m., would be referred to as the Supreme Council of Lithuania. (shrink)

The article deals with the doctrine of the returning of the powers of the Government upon the election of the President of the Republic formulated in the Constitutional Court ruling of 10 January 1998. Attention is focused on the arguments of the Constitutional Court upon which this doctrine is based–these are the arguments regarding the expression of no-confidence in the Prime Minister and the new empowerment of the Government (after more than a half of the ministers are changed). In the (...) opinion of the author, some of such arguments are subject to discussion. The constitutional regulation regarding the returning of the powers of the Government upon the election of the President of the Republic is inexhaustive and unclear. Although the wording of the provisions of the Constitution regarding the returning of the powers of the Government after the elections of the Seimas and after the elections of the President of the Republic is almost the same, there is one essential difference: the Constitution provides that after the elections of the Seimas the Government must return its powers to the President of the Republic and must resign, whereas the Constitution does not provide that the Government must resign after the elections of the President of the Republic as well. (shrink)

There are some problems in the implementation of rulings of the Constitutional Court. The legislator should make more efforts for implementing the concept of the provisions of the Constitution provided in the reasoning parts of rulings of the Constitutional Court. The Statute of the Seimas should be supplemented with provisions obligating structural sub-units of the Seimas to carry out permanent and systemic analysis of reasoning parts of rulings of the Constitutional Court. It would allow timely to prepare proposals how to (...) amend still unchallenged legal regulation which, however, from the constitutional standpoint is doubtful. One should consider whether the norm of Item 4 of Paragraph 1 of Article 64 of the Law on the Constitutional Court, which allows one to challenge the compliance of a legal act with the Constitution on the grounds of the procedure for adoption regardless of any terms expired after the adoption of a law or other legal act, should be amended. It is to be presumed that the principles of legal certainty and legal security entrenched in the Constitution, as well as other constitutional provisions, imply a certain reasonable period of time within which the subjects provided for in the Constitution may apply to the Constitutional Court with a petition requesting to investigate whether a law or other legal act is not in conflict with the Constitution according to the procedure of their adoption. This period of time should not be a long one, for example, half a year or a year since the official publishing of the law; this term should be a prescriptive one–after it has finished, it would not be allowed to challenge the compliance of a law or other legal act with the Constitution according to the procedure of their adoption. In order to speed up the consideration of cases at the Constitutional Court, one would have to change the procedure of consideration of cases in this Court in essence. (shrink)

This publication analyzes the issue of depersonalization in the field of constitutional substantiation of judicial resolutions, judgements, verdicts and rulings (hereinafter, judicial procedural decisions). Electronic databases are the primary source of information about judicial procedural resolutions for judges, reporters, as well as for the public-at-large. As for judicial practice, the data regarding parties of a case is depersonalised in these databases. Personal names are either replaced with initials, or a message “depersonalized data” is included. The constitutional substantiation for such a (...) ruling by a judicial council is sought by means of this publication. (shrink)

The constitutional right to self-expression, used by societies professing democratic values (Constitution, Article 25), is a highly important feature for forming the political will of the citizenry. A broad, multi-sided public discussion on all issues of public interest is only possible with the existence of an appropriate amount of freedom of information. A strong mechanism for disseminating information that operates between citizens and the parliament is able to generate a sphere for discussion and mutual influence which are essential for indirect (...) democracy. A discussion’s depth, quality and comprehensiveness constitute important factors which determine the correctness of choices made by citizens and politicians. Mainly, it is the free press which fosters communication between political parties and citizens. The role of the “watchdog” is fundamental to revealing the circumstances under which politicians or other public persons make different political and administrative decisions. This is what permits the identification of motives for rulings and the circumstances under which they were approved. (shrink)

In this article the author analyzes the first written constitutions adopted at the end of the eighteenth century (the Constitution of the United States of 1787, the Constitution of Polish – Lithuanian State and the Constitution of France of 1791). These constitutional acts mark the beginning of the era of constitutionalism. These are the constitutions of the first phase (‘wave’) of constitutional development, which laid the foundations for the further establishment of constitutionalism in the world. The history of the first (...) modern constitutions confirms that the nations adopt constitutions in order to protect individuals from possible abuses of state power. The essence of constitutional regulation is the restriction of this power. The three countries differ in many ways, but all had certain tradition of the restriction of powers. The first modern constitutions established the separation of powers and protected classical individual rights. They have become an example for the authors of later constitutions. These constitutions propose legal standards for constitutional development. Each of these constitutions is an original system of principles and norms. (shrink)

The following categories can be found in the analysis of the prehistory of constitutionalism: the early constitutionalism, the ancient constitutionalism, the medieval or canonical constitutionalism. The usage of these categories raises the question: is constitutionalism the product of the Age of Enlightenment or is it an older phenomenon? The author of the article approaches this problem from another point of view: maybe the usage of the mentioned categories is an anachronism? In this case the elements taken form different contexts are (...) combined into a single unit typical to recent reality. This conjunction, when neither the single entirety nor the alterations of contexts are taken into consideration, distorts the understanding of the past, fits the past to the Procrustian bed straining it to the present standards. The existence of separate elements does not allow the consideration of the phenomenon as a whole. It also suits the category of constitutionalism. In author’s opinion, it is necessary to differentiate between: a) the prehistory of constitutionalism; b) the era of written constitutions as the legal acts of supreme power, the essence of which is expressed by the category of constitutionalism and which began in XVIII century. (shrink)