If the state's constitution has no rules of de-concentrated state governing, lawmakers have broad discretion in regulating state management with ordinary level legislation. Lithuanian local government as an independent constitutional institution, shall be organized by a separate law, which systematically and explicitly sets out the purpose and powers of the central state administration bodies (ministries, government agencies and institutions under the Ministry) and the territorial bodies of state administration (territorial units of the central executive authorities). In Lithuania, a two-stage (regional and municipal) local self-government is possible only after changing the constitution, i.e., the constitution strengthening of the territorial administrative units, to which grantees self-government, expressis verbis. Contrary to the ambition of the government to abolish the counties, if no higher administrative units will be established, in which under the Constitution the local governance must be implemented. Otherwise, the constitutional amendment is necessary, abolishing the imperative to organize the governance in the higher administrative units.
If the state's constitution has no rules of de-concentrated state governing, lawmakers have broad discretion in regulating state management with ordinary level legislation. Lithuanian local government as an independent constitutional institution, shall be organized by a separate law, which systematically and explicitly sets out the purpose and powers of the central state administration bodies (ministries, government agencies and institutions under the Ministry) and the territorial bodies of state administration (territorial units of the central executive authorities). In Lithuania, a two-stage (regional and municipal) local self-government is possible only after changing the constitution, i.e., the constitution strengthening of the territorial administrative units, to which grantees self-government, expressis verbis. Contrary to the ambition of the government to abolish the counties, if no higher administrative units will be established, in which under the Constitution the local governance must be implemented. Otherwise, the constitutional amendment is necessary, abolishing the imperative to organize the governance in the higher administrative units.
The stability of a constitution is a great constitutional value. A constitution should not be altered if it is not legally necessary. This is guaranteed by a more complex procedure for making amendments to a constitution than to constitutional and ordinary laws. In the constitutions of the states substantial and procedural limitations on their alteration are established. Substantial limitations include the requirements for the content of constitutional amendments (e.g. prohibition to alter the form of state government), whereas procedural limitations set the system of legal elements which make the process of the alteration of a constitution complicated (e.g. qualified majority of votes, alteration only by referendum, rule of double voting, etc.).
The stability of a constitution is a great constitutional value. A constitution should not be altered if it is not legally necessary. This is guaranteed by a more complex procedure for making amendments to a constitution than to constitutional and ordinary laws. In the constitutions of the states substantial and procedural limitations on their alteration are established. Substantial limitations include the requirements for the content of constitutional amendments (e.g. prohibition to alter the form of state government), whereas procedural limitations set the system of legal elements which make the process of the alteration of a constitution complicated (e.g. qualified majority of votes, alteration only by referendum, rule of double voting, etc.).
This article deals with the problems of the sens of the application of the concept of constitutional identity in constitutional jurisprudence. The author of this article analyzes the notion of constitutional identity, elaborated in constitutional jurisprudence, which is linked with the distinction in the constitutional system the hard core of values and principles, which are traditional for such state and which are no changeable or have special protection against amendments. The elements of constitutional identity play tha role of "supporting structures" of the constitutional system and their change will be a change of this all constitutional system. The emergence of the new notion always provokes discussions. Representatives of legal doctrine discuss about using of this concept, its importance and its mission. They analyse from different points the decisions of Constitutional Courts of Germany, France, Belgium, Poland or the Czech Republic and other states, in which this concept is used. Lithuanian Constitutional Court with two decisions of 26 January 2014 and 11 July 2014 joined this groupe of constitutional courts. The formation of this notion is related to the concept of the axiological system of the constitution and its axiological interpretation. It should be noted that the added value of this new concept is linked to the strengthening of constitutional review of constitutional amendments and protection of the model of relations between constitutional system and European Union law. Constitutional identity accomplishes internal and external functions. The purpose of internal functions (function) is protection of the constitution against the anticonstitutional amendments that can destroy the all constitutional system. It is the function of conciliation between stability of the constitutional system (the constitutional systeme must remain itself) and dynamics (the necessary changes). The external functions (function) protect the constitutional system against external invasions to the constitutional system, and specifically for the field of european integration this function means protection of the balance in the functioning of the model of interaction between the national constitutional system and European Union law.
This article deals with the problems of the sens of the application of the concept of constitutional identity in constitutional jurisprudence. The author of this article analyzes the notion of constitutional identity, elaborated in constitutional jurisprudence, which is linked with the distinction in the constitutional system the hard core of values and principles, which are traditional for such state and which are no changeable or have special protection against amendments. The elements of constitutional identity play tha role of "supporting structures" of the constitutional system and their change will be a change of this all constitutional system. The emergence of the new notion always provokes discussions. Representatives of legal doctrine discuss about using of this concept, its importance and its mission. They analyse from different points the decisions of Constitutional Courts of Germany, France, Belgium, Poland or the Czech Republic and other states, in which this concept is used. Lithuanian Constitutional Court with two decisions of 26 January 2014 and 11 July 2014 joined this groupe of constitutional courts. The formation of this notion is related to the concept of the axiological system of the constitution and its axiological interpretation. It should be noted that the added value of this new concept is linked to the strengthening of constitutional review of constitutional amendments and protection of the model of relations between constitutional system and European Union law. Constitutional identity accomplishes internal and external functions. The purpose of internal functions (function) is protection of the constitution against the anticonstitutional amendments that can destroy the all constitutional system. It is the function of conciliation between stability of the constitutional system (the constitutional systeme must remain itself) and dynamics (the necessary changes). The external functions (function) protect the constitutional system against external invasions to the constitutional system, and specifically for the field of european integration this function means protection of the balance in the functioning of the model of interaction between the national constitutional system and European Union law.
In the master's thesis, in accordance with the analysis of legal acts of the Republic of Lithuania and other sources, the constitutional fundamentals of tax, their conception and problems are analyzed. In this work, the constitutional foundations of taxes are analyzed in the Lithuanian legal system. In order to provide a clear assessment of the constitutional foundations of taxes, the conception of the Constitution as the supreme law and the tax and tax system is revealed at the beginning of the work. In this work, in order to carry out a comprehensive assessment of the constitutional foundations of taxes, the Lithuanian Constitutional Court practice is followed. According to the case law of the aforementioned court, features of the application of powers of the Seimas, the Government and other state institutions are presented in the thesis, exceeding of these powers in determining taxes. In order to reveal the constitutional basis of taxes, the determination of specific tax elements is analyzed. The Master's thesis also reveals the constitutional application of the principle of equality of taxpayers in the determination of taxes and the vacatio legis of the claim in certain amendments to tax laws. The leading analysis of legal acts of the Republic of Lithuania and other legal literature leads to the conclusion that the constitutional foundations of taxes are disclosed with the help of official constitutional doctrine. The basics of taxation enshrined in the official constitutional doctrine may raise discussions whether only the Seimas, and only by the legislation can impose taxes. Similarly, a detailed analysis of the case-law of the Constitutional Court reveals that, not always in determining the tax elements, the state authorities follow the authority given to them and the principle of equality of taxpayers is not always applied properly.
In the master's thesis, in accordance with the analysis of legal acts of the Republic of Lithuania and other sources, the constitutional fundamentals of tax, their conception and problems are analyzed. In this work, the constitutional foundations of taxes are analyzed in the Lithuanian legal system. In order to provide a clear assessment of the constitutional foundations of taxes, the conception of the Constitution as the supreme law and the tax and tax system is revealed at the beginning of the work. In this work, in order to carry out a comprehensive assessment of the constitutional foundations of taxes, the Lithuanian Constitutional Court practice is followed. According to the case law of the aforementioned court, features of the application of powers of the Seimas, the Government and other state institutions are presented in the thesis, exceeding of these powers in determining taxes. In order to reveal the constitutional basis of taxes, the determination of specific tax elements is analyzed. The Master's thesis also reveals the constitutional application of the principle of equality of taxpayers in the determination of taxes and the vacatio legis of the claim in certain amendments to tax laws. The leading analysis of legal acts of the Republic of Lithuania and other legal literature leads to the conclusion that the constitutional foundations of taxes are disclosed with the help of official constitutional doctrine. The basics of taxation enshrined in the official constitutional doctrine may raise discussions whether only the Seimas, and only by the legislation can impose taxes. Similarly, a detailed analysis of the case-law of the Constitutional Court reveals that, not always in determining the tax elements, the state authorities follow the authority given to them and the principle of equality of taxpayers is not always applied properly.
In the master's thesis, in accordance with the analysis of legal acts of the Republic of Lithuania and other sources, the constitutional fundamentals of tax, their conception and problems are analyzed. In this work, the constitutional foundations of taxes are analyzed in the Lithuanian legal system. In order to provide a clear assessment of the constitutional foundations of taxes, the conception of the Constitution as the supreme law and the tax and tax system is revealed at the beginning of the work. In this work, in order to carry out a comprehensive assessment of the constitutional foundations of taxes, the Lithuanian Constitutional Court practice is followed. According to the case law of the aforementioned court, features of the application of powers of the Seimas, the Government and other state institutions are presented in the thesis, exceeding of these powers in determining taxes. In order to reveal the constitutional basis of taxes, the determination of specific tax elements is analyzed. The Master's thesis also reveals the constitutional application of the principle of equality of taxpayers in the determination of taxes and the vacatio legis of the claim in certain amendments to tax laws. The leading analysis of legal acts of the Republic of Lithuania and other legal literature leads to the conclusion that the constitutional foundations of taxes are disclosed with the help of official constitutional doctrine. The basics of taxation enshrined in the official constitutional doctrine may raise discussions whether only the Seimas, and only by the legislation can impose taxes. Similarly, a detailed analysis of the case-law of the Constitutional Court reveals that, not always in determining the tax elements, the state authorities follow the authority given to them and the principle of equality of taxpayers is not always applied properly.
In the master's thesis, in accordance with the analysis of legal acts of the Republic of Lithuania and other sources, the constitutional fundamentals of tax, their conception and problems are analyzed. In this work, the constitutional foundations of taxes are analyzed in the Lithuanian legal system. In order to provide a clear assessment of the constitutional foundations of taxes, the conception of the Constitution as the supreme law and the tax and tax system is revealed at the beginning of the work. In this work, in order to carry out a comprehensive assessment of the constitutional foundations of taxes, the Lithuanian Constitutional Court practice is followed. According to the case law of the aforementioned court, features of the application of powers of the Seimas, the Government and other state institutions are presented in the thesis, exceeding of these powers in determining taxes. In order to reveal the constitutional basis of taxes, the determination of specific tax elements is analyzed. The Master's thesis also reveals the constitutional application of the principle of equality of taxpayers in the determination of taxes and the vacatio legis of the claim in certain amendments to tax laws. The leading analysis of legal acts of the Republic of Lithuania and other legal literature leads to the conclusion that the constitutional foundations of taxes are disclosed with the help of official constitutional doctrine. The basics of taxation enshrined in the official constitutional doctrine may raise discussions whether only the Seimas, and only by the legislation can impose taxes. Similarly, a detailed analysis of the case-law of the Constitutional Court reveals that, not always in determining the tax elements, the state authorities follow the authority given to them and the principle of equality of taxpayers is not always applied properly.
Referendum processes in the six post-communist countries – Armenia, Azerbaijan, Belarus, Georgia, Moldova, and Ukraine – have been analyzed. Classification of the referenda into categories, such as plebiscites, constitutional referenda, ratification referenda, and that of ratification, of political routine, has been proposed. Separatist referenda organized in the Republic of South Ossetia, Abkhazia, Nagorno-Karabakh and Transnistria have not been recognized by international community. In the two cases, Azerbaijan and Belarus, referenda were used for a for constitutional amendments consolidating authoritarian regimes. Formal attribution of them to the simply "constitutional" would be inadequate; they rather should be categorized as sub-type of "Asian" referenda. Renewing traditional "transitional" logic, civilization theoretic approach, concept of "bridging civilization spaces" has been utilized in order to more adequate perception of processes within East European space.
Referendum processes in the six post-communist countries – Armenia, Azerbaijan, Belarus, Georgia, Moldova, and Ukraine – have been analyzed. Classification of the referenda into categories, such as plebiscites, constitutional referenda, ratification referenda, and that of ratification, of political routine, has been proposed. Separatist referenda organized in the Republic of South Ossetia, Abkhazia, Nagorno-Karabakh and Transnistria have not been recognized by international community. In the two cases, Azerbaijan and Belarus, referenda were used for a for constitutional amendments consolidating authoritarian regimes. Formal attribution of them to the simply "constitutional" would be inadequate; they rather should be categorized as sub-type of "Asian" referenda. Renewing traditional "transitional" logic, civilization theoretic approach, concept of "bridging civilization spaces" has been utilized in order to more adequate perception of processes within East European space.
Referendum processes in the six post-communist countries – Armenia, Azerbaijan, Belarus, Georgia, Moldova, and Ukraine – have been analyzed. Classification of the referenda into categories, such as plebiscites, constitutional referenda, ratification referenda, and that of ratification, of political routine, has been proposed. Separatist referenda organized in the Republic of South Ossetia, Abkhazia, Nagorno-Karabakh and Transnistria have not been recognized by international community. In the two cases, Azerbaijan and Belarus, referenda were used for a for constitutional amendments consolidating authoritarian regimes. Formal attribution of them to the simply "constitutional" would be inadequate; they rather should be categorized as sub-type of "Asian" referenda. Renewing traditional "transitional" logic, civilization theoretic approach, concept of "bridging civilization spaces" has been utilized in order to more adequate perception of processes within East European space.
The purpose of this thesis is to investigate the whether the termination of a referendum initiative is valid if based of an unofficial interpretation of the Constitution. The core questions, investigated in this thesis consists of whether the refusal to hold a referendum concerning a legal draft, which potentially does not meet the requirements arising from the Constitution of the Republic of Lithuania constrain the citizens right to a referendum; can the Central Election Commission's and the Parliament's constitutional evaluation towards the citizens provided legal draft can be interpreted as some sort constitutional control. The arisen problem is examined in three parts of this thesis. The first parts presents background to this situation. On 2014 July 11'th the Constitutional Court of Lithuania adopted a resolution which the interpreted the additional powers to the Central Election Commission and the Parliament. This resolution established, that in order to prevent unconstitutional constitutional amendments to the Constitution, the Central Election Commission and the Parliament must be granted the jurisdiction to prevent such a referendum to take place, if it would be non-compliant with the fundamental provisions established in the Constitution or would lead to unconstitutional consequences. These powers themselves created an obligation, both to the Central Election Commission and the Parliament to check the contents of the submitted legal draft and to evaluate its compliance with the Constitution of the Republic of Lithuania. Given the fact that a submitted legal draft is certain for constitutional checks not only in form, but also in terms of content, the question arises, what criteria should the Central Election Commission and the Parliament follow. For this reason, this part analyses what the fundamental constitutional values are enshrined in the Constitution of the Republic of Lithuania, and what kind of the safeguard mechanism is instilled. These criteria will provide a some sort of basis that could be determined in accordance with the legal draft. The second part deals with the situation where the Central Electoral Commission, within its jurisdiction, stated that a citizens' group submitted legal draft law does not comply with the requirements of the Constitution, thus shall not be put to vote in a referendum. For the same reason, the Parliament must refuse to hold a citizens' initiated referendum, even if such an initiative is at a request of 300 thousand citizens. Due to the fact that the requirement to call to provide 300 thousand signatures itself shows that the subject at hand is attributable to the major questions of the country. Parliament's refusal to hold such a referendum would not be an infringement of the sovereign powers held by the people. However, the question arises whether the refusal to call a referendum based on a legal draft, which potentially do not meet the requirements arising from the Constitution disproportionately restricts the right to call a referendum, which should by guaranteed by the Constitution. For this reason, this part will examine what are the real prospects to initiate and to call a referendum in Lithuania on behalf of the citizens, assessing how these perspectives have changed since the Constitutional Court adopted the mentioned resolution. This analysis will reveal possibility of a citizens' initiative and referendum, this analysis will determine whether the existing legal regulation does not create disproportionate difficulties in the implementation of the right to a referendum. The third part deals with the Lithuanian's Constitutional Court's exclusive right to interpret the concept of the Constitution; the analysis of the Central Electoral Commission's and the Parliament's content of powers and the constitutional practices of foreign countries. For this reason, this part will address the Constitutional Court of the Republic of Lithuania's prerogative to interpret the concept of the Constitution and why this exclusive right belongs to the Constitutional Court of Lithuania. This part will analyze whether the Central Electoral Commission and the Parliament right, to analyze the citizens provided legal draft in compliance with the Constitution of the Republic of Lithuania implements functions consisting a degree of constitutional control as well as the implementation of such a practice should be seen in relation to the recommendations of the Venice Commission. This analysis will answer the question of whether the current legal regulation creates preconditions for citizens' groups to be rejected the referendum provided by a bill based on an unofficial interpretation of the Constitution. The analysis revealed that the only authority competent to assess the legal draft submitted for referendum, compliance with the Constitution of the Republic of Lithuania is the Lithuanian Constitutional Court, since only the Constitutional Court has the exclusive right to interpretation of constitutional rules, which can cause legal consequences. Given the fact that the interpretation of the Constitution is the Constitutional Court exclusive right and that only the official interpretation of the Constitution should lead would lead to legal consequences, it must be concluded that the possible non-compliance of the Constitution setting, based on an unofficial interpretation is not sufficient enough to refuse to hold a referendum. The Central Election Commission has not been provided with an opportunity to apply to the Constitutional Court questioning the submitted legal draft; a legal draft law, according to the Legal Code of Administrative Cases, is not subject of interpretation by the Supreme Administrative Court of Lithuania, therefor it also not a subject of interpretation to the Constitutional Court. The Lithuanian Parliament adopted resolutions can possibly be subject of constitutional control, but that depends entirely on the will of the members of the Parliament. Evaluating these circumstances, it must be concluded that the Lithuania's current legal regulation of does not meet the recommendations of the Venice Commission. The absence of a clear possibility for a legal draft to be submitted for interpretation by the Constitutional Court, limits the right to an referendum initiative on behalf of the citizens of the Republic of Lithuania also preventing the referendum in accordance with unofficial interpretation of the Constitution. In accordance with these circumstances, it was found that both of the Parliament and the Central Election Commission's decision to refuse to register a referendum initiative or to hold a referendum on the basis, that the legal draft non-compliant with the Constitution of the Republic of Lithuania is considered an unofficial interpretation of the Constitution that cannot be a sufficient to restrict the citizens constitutional right to a referendum.
The purpose of this thesis is to investigate the whether the termination of a referendum initiative is valid if based of an unofficial interpretation of the Constitution. The core questions, investigated in this thesis consists of whether the refusal to hold a referendum concerning a legal draft, which potentially does not meet the requirements arising from the Constitution of the Republic of Lithuania constrain the citizens right to a referendum; can the Central Election Commission's and the Parliament's constitutional evaluation towards the citizens provided legal draft can be interpreted as some sort constitutional control. The arisen problem is examined in three parts of this thesis. The first parts presents background to this situation. On 2014 July 11'th the Constitutional Court of Lithuania adopted a resolution which the interpreted the additional powers to the Central Election Commission and the Parliament. This resolution established, that in order to prevent unconstitutional constitutional amendments to the Constitution, the Central Election Commission and the Parliament must be granted the jurisdiction to prevent such a referendum to take place, if it would be non-compliant with the fundamental provisions established in the Constitution or would lead to unconstitutional consequences. These powers themselves created an obligation, both to the Central Election Commission and the Parliament to check the contents of the submitted legal draft and to evaluate its compliance with the Constitution of the Republic of Lithuania. Given the fact that a submitted legal draft is certain for constitutional checks not only in form, but also in terms of content, the question arises, what criteria should the Central Election Commission and the Parliament follow. For this reason, this part analyses what the fundamental constitutional values are enshrined in the Constitution of the Republic of Lithuania, and what kind of the safeguard mechanism is instilled. These criteria will provide a some sort of basis that could be determined in accordance with the legal draft. The second part deals with the situation where the Central Electoral Commission, within its jurisdiction, stated that a citizens' group submitted legal draft law does not comply with the requirements of the Constitution, thus shall not be put to vote in a referendum. For the same reason, the Parliament must refuse to hold a citizens' initiated referendum, even if such an initiative is at a request of 300 thousand citizens. Due to the fact that the requirement to call to provide 300 thousand signatures itself shows that the subject at hand is attributable to the major questions of the country. Parliament's refusal to hold such a referendum would not be an infringement of the sovereign powers held by the people. However, the question arises whether the refusal to call a referendum based on a legal draft, which potentially do not meet the requirements arising from the Constitution disproportionately restricts the right to call a referendum, which should by guaranteed by the Constitution. For this reason, this part will examine what are the real prospects to initiate and to call a referendum in Lithuania on behalf of the citizens, assessing how these perspectives have changed since the Constitutional Court adopted the mentioned resolution. This analysis will reveal possibility of a citizens' initiative and referendum, this analysis will determine whether the existing legal regulation does not create disproportionate difficulties in the implementation of the right to a referendum. The third part deals with the Lithuanian's Constitutional Court's exclusive right to interpret the concept of the Constitution; the analysis of the Central Electoral Commission's and the Parliament's content of powers and the constitutional practices of foreign countries. For this reason, this part will address the Constitutional Court of the Republic of Lithuania's prerogative to interpret the concept of the Constitution and why this exclusive right belongs to the Constitutional Court of Lithuania. This part will analyze whether the Central Electoral Commission and the Parliament right, to analyze the citizens provided legal draft in compliance with the Constitution of the Republic of Lithuania implements functions consisting a degree of constitutional control as well as the implementation of such a practice should be seen in relation to the recommendations of the Venice Commission. This analysis will answer the question of whether the current legal regulation creates preconditions for citizens' groups to be rejected the referendum provided by a bill based on an unofficial interpretation of the Constitution. The analysis revealed that the only authority competent to assess the legal draft submitted for referendum, compliance with the Constitution of the Republic of Lithuania is the Lithuanian Constitutional Court, since only the Constitutional Court has the exclusive right to interpretation of constitutional rules, which can cause legal consequences. Given the fact that the interpretation of the Constitution is the Constitutional Court exclusive right and that only the official interpretation of the Constitution should lead would lead to legal consequences, it must be concluded that the possible non-compliance of the Constitution setting, based on an unofficial interpretation is not sufficient enough to refuse to hold a referendum. The Central Election Commission has not been provided with an opportunity to apply to the Constitutional Court questioning the submitted legal draft; a legal draft law, according to the Legal Code of Administrative Cases, is not subject of interpretation by the Supreme Administrative Court of Lithuania, therefor it also not a subject of interpretation to the Constitutional Court. The Lithuanian Parliament adopted resolutions can possibly be subject of constitutional control, but that depends entirely on the will of the members of the Parliament. Evaluating these circumstances, it must be concluded that the Lithuania's current legal regulation of does not meet the recommendations of the Venice Commission. The absence of a clear possibility for a legal draft to be submitted for interpretation by the Constitutional Court, limits the right to an referendum initiative on behalf of the citizens of the Republic of Lithuania also preventing the referendum in accordance with unofficial interpretation of the Constitution. In accordance with these circumstances, it was found that both of the Parliament and the Central Election Commission's decision to refuse to register a referendum initiative or to hold a referendum on the basis, that the legal draft non-compliant with the Constitution of the Republic of Lithuania is considered an unofficial interpretation of the Constitution that cannot be a sufficient to restrict the citizens constitutional right to a referendum.
