Suchergebnisse

In several stages a new legal instrument (the constitutional complaint) was established in the legal system of Lithuania starting by the amendment of the Constitution on March 21, 2019 and continuing in July by introducing the requirements for appealing to the Constitutional Court. The essence of this novelty lies in the model established in the Polish Constitution, i. e. the additional possibility for a person who has exhausted all usual means of defence of constitutional rights and freedoms to appeal directly to the Constitutional Court questioning the constitutionality of such a legislative and executive act, which was the basis for the adoption of a final non-appealable judgment against that person in a court. The introduction of such novelty in the legal system of Lithuania implies the further development of the protection of human rights and freedoms and the realization of the principle of the Rule of Law which is necessary for the latter. Therefore, while investigating the novelty of the constitutional complaint in Lithuania, models of constitutional complaint, specific details of the establishment of this institute in Lithuania are unravelled, and practical aspects are investigated by analysing first constitutional complaints submitted to and accepted by the Constitutional Court. ; Lietuvos Respublikoje keliais etapais, pirmiausia Konstitucijoje 2019 m. kovo 21 d. įtvirtinus individualaus konstitucinio skundo pagrindus ir įstatymuose 2019 m. liepos mėnesį nustačius šio skundo teikimo Konstituciniam Teismui reikalavimus bei skundo patenkinimo Konstituciniame Teisme pasekmes kitame teisme išnagrinėtos bylos (proceso joje) atnaujinimui, buvo sukurtas naujas "kompleksinis" asmens konstitucinių teisių ir laisvių gynimo instrumentas (teisinė priemonė). Naujovės esmę sudaro Lenkijos Konstitucijoje numatytas modelis, t. y. asmens, kuris teisme išnaudojo įprastas konstitucinių teisių ir laisvių gynybos priemones, papildoma galimybė tiesiogiai kreiptis į Konstitucinį Teismą dėl tokio Seimo, Respublikos Prezidento ar Vyriausybės priimto teisės akto, kuris buvo pagrindas priimti asmeniui nepalankų galutinį neskundžiamą teismo sprendimą, atitikties Konstitucijai. Šios teisinės priemonės įtvirtinimas Lietuvos teisės sistemoje reiškia tolimesnę žmogaus teisių ir laisvių apsaugos plėtrą bei pastarajai būtino teisinės valstybės principo realizavimą aukštesniu lygmeniu. Todėl nagrinėjant konstitucinio skundo institutą atskleidžiami konstitucinio skundo modeliai, instituto įtvirtinimo specifika Lietuvoje Respublikoje bei tiriami praktiniai aspektai, analizuojant pirmuosius Konstituciniam Teismui pateiktus ir priimtus konstitucinius skundus.

In several stages a new legal instrument (the constitutional complaint) was established in the legal system of Lithuania starting by the amendment of the Constitution on March 21, 2019 and continuing in July by introducing the requirements for appealing to the Constitutional Court. The essence of this novelty lies in the model established in the Polish Constitution, i. e. the additional possibility for a person who has exhausted all usual means of defence of constitutional rights and freedoms to appeal directly to the Constitutional Court questioning the constitutionality of such a legislative and executive act, which was the basis for the adoption of a final non-appealable judgment against that person in a court. The introduction of such novelty in the legal system of Lithuania implies the further development of the protection of human rights and freedoms and the realization of the principle of the Rule of Law which is necessary for the latter. Therefore, while investigating the novelty of the constitutional complaint in Lithuania, models of constitutional complaint, specific details of the establishment of this institute in Lithuania are unravelled, and practical aspects are investigated by analysing first constitutional complaints submitted to and accepted by the Constitutional Court.

In several stages a new legal instrument (the constitutional complaint) was established in the legal system of Lithuania starting by the amendment of the Constitution on March 21, 2019 and continuing in July by introducing the requirements for appealing to the Constitutional Court. The essence of this novelty lies in the model established in the Polish Constitution, i. e. the additional possibility for a person who has exhausted all usual means of defence of constitutional rights and freedoms to appeal directly to the Constitutional Court questioning the constitutionality of such a legislative and executive act, which was the basis for the adoption of a final non-appealable judgment against that person in a court. The introduction of such novelty in the legal system of Lithuania implies the further development of the protection of human rights and freedoms and the realization of the principle of the Rule of Law which is necessary for the latter. Therefore, while investigating the novelty of the constitutional complaint in Lithuania, models of constitutional complaint, specific details of the establishment of this institute in Lithuania are unravelled, and practical aspects are investigated by analysing first constitutional complaints submitted to and accepted by the Constitutional Court.

In several stages a new legal instrument (the constitutional complaint) was established in the legal system of Lithuania starting by the amendment of the Constitution on March 21, 2019 and continuing in July by introducing the requirements for appealing to the Constitutional Court. The essence of this novelty lies in the model established in the Polish Constitution, i. e. the additional possibility for a person who has exhausted all usual means of defence of constitutional rights and freedoms to appeal directly to the Constitutional Court questioning the constitutionality of such a legislative and executive act, which was the basis for the adoption of a final non-appealable judgment against that person in a court. The introduction of such novelty in the legal system of Lithuania implies the further development of the protection of human rights and freedoms and the realization of the principle of the Rule of Law which is necessary for the latter. Therefore, while investigating the novelty of the constitutional complaint in Lithuania, models of constitutional complaint, specific details of the establishment of this institute in Lithuania are unravelled, and practical aspects are investigated by analysing first constitutional complaints submitted to and accepted by the Constitutional Court.

In several stages a new legal instrument (the constitutional complaint) was established in the legal system of Lithuania starting by the amendment of the Constitution on March 21, 2019 and continuing in July by introducing the requirements for appealing to the Constitutional Court. The essence of this novelty lies in the model established in the Polish Constitution, i. e. the additional possibility for a person who has exhausted all usual means of defence of constitutional rights and freedoms to appeal directly to the Constitutional Court questioning the constitutionality of such a legislative and executive act, which was the basis for the adoption of a final non-appealable judgment against that person in a court. The introduction of such novelty in the legal system of Lithuania implies the further development of the protection of human rights and freedoms and the realization of the principle of the Rule of Law which is necessary for the latter. Therefore, while investigating the novelty of the constitutional complaint in Lithuania, models of constitutional complaint, specific details of the establishment of this institute in Lithuania are unravelled, and practical aspects are investigated by analysing first constitutional complaints submitted to and accepted by the Constitutional Court.