CONSTITUTION

Text by: Jurate Novagrockiene
University of Vilnius, January 2002

The task of establishing a "law-based state" in Lithuania presumes the principle of priority of the Constitution in the behaviour of officials and the activities of state agencies. Constitution of 1992 itself provided the essential changes in the legal system. Besides, on December 14, 1993, the Seimas accepted the Outline for Reform of the Legal System. The reform of the legal system was to be implemented according to the principles of justice, guarantees of the rights, freedoms and legal interests of persons, the principle of democracy in the activity of legal power structures, and the division of responsibilities between the different courts in the system. The reform of the court system was implemented as a part of the reform of the legal system simultaneously with reform of the public prosecutor's office, police and advocacy system.

The Constitution established the basic landmarks for the renovation of the judicial system, while the implementation was detailed in the Court Law of the Republic of Lithuania, passed on May 31, 1994. The Constitution provided for a four-tiered court system instead of the former Soviet two level court system. Criminal prosecution is exercised by the Prosecutor General of the Republic of Lithuania and by local prosecutors, subordinated to him. The Prosecutor General and his deputies are appointed by Seimas and local prosecutors by the Prosecutor General.

The Constitutional Court established for the first time in Lithuania is not incorporated into the general court system. The doctrine of constitutional review was formulated only after the restoration of the Lithuanian independence. On February 3, 1993, the Seimas adopted the Law on the Constitutional Court which particularised and extended the provisions of the Constitution. The Constitutional Court shall not perform preliminary judicial review of laws. The Court shall implement posterior constitutional review, i.e. decide constitutionality and lawfulness of already adopted and effective laws as well as other above-mentioned legal acts. This supervision shall be passive-the Constitutional Court shall examine a case only when appropriate persons, in the procedure prescribed by the Constitution and the law, address the Constitutional Court with a petition to examine the constitutionality of concrete legal acts.

The Constitution provides for human rights and its protection. All citizens are treated equally by law and in practice. In late 1998, the Constitutional Court ruled that the death penalty contravened the Constitution. In March 1999, a law on equal gender opportunities came into effect, and the Office of Equal Gender Opportunities Ombudsman has been established. Minorities in Lithuania are free to establish their own educational, cultural, and religious institutions. Citizens are free to form associations, provided their goals and activities do not contradict the constitution and laws.

Since the restoration of independence the political and economical orientation of Lithuania has been linked with Europe and membership of European Union. The main criterion for the EU membership is approximation of the Lithuanian legal framework with the EU law. One of the most significant changes in the legal system was the adoption of a new civil code that is in accord with EU laws and other international legal acts.