Constitutional Court of the Republic of Lithuania
Encyclopedia
The Constitutional Court of the Republic of Lithuania (in ) is a special court established by the Constitution of the Republic of Lithuania of 1992; it began the activities after the adoption of the Law on Constitutional Court of the Republic of Lithuania on February 3, 1993. Since its inception, the Court has been located in the city of Vilnius
, Gediminas Avenue
.
The main task of the court is judicial review
. It may therefore declare the acts of the Seimas
unconstitutional
and thus render them ineffective. As such, it is somewhat similar to the Supreme Court of the United States
. However, it differs from it and other supreme court
s in that it is not part of the regular judicial system, but more a unique judicial branch. Most importantly, it does not serve as a regular court of appeals
from lower courts or as a sort of “superappellate court” on any violation of national laws.
Its jurisdiction is focused on constitutional issues, the integrity of the Constitution. Moreover, it adjudicates on the conformance of the acts of the Government of the Republic of Lithuania to the laws, compliance with the Constitution of international agreements, as well as their ratification, and takes a final decision on voting infringements.
, declaring a number of national laws unconstitutional.
On March 31, 2004, it issued a ruling acknowledging the breach of the oath of office
by the President Rolandas Paksas
. He was removed from office by Seimas following the impeachment
on April 6, 2004; this has been the first successful case of impeachment of the head of state in the history of Europe
. The ruling interpreted the Constitution as precluding a person, who was pleaded guilty for the breach of oath, from assuming any future position in public service, which requires taking an oath.
(President of the Court); Armanas Abramavičius; Toma Birmontienė; Pranas Kuncionis; Zenonas Namavičius; Ramutė Ruškytė; Egidijus Šileikis; Algirdas Taminskas; Romualdas Kęstutis Urbaitis.
Vilnius
Vilnius is the capital of Lithuania, and its largest city, with a population of 560,190 as of 2010. It is the seat of the Vilnius city municipality and of the Vilnius district municipality. It is also the capital of Vilnius County...
, Gediminas Avenue
Gediminas Avenue
Gediminas Avenue is the main street of Vilnius, where most of the governmental institutions of Lithuania are concentrated, including the government, parliament, Constitutional Court and ministries...
.
The main task of the court is judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
. It may therefore declare the acts of the Seimas
Seimas
The Seimas is the unicameral Lithuanian parliament. It has 141 members that are elected for a four-year term. About half of the members of this legislative body are elected in individual constituencies , and the other half are elected by nationwide vote according to proportional representation...
unconstitutional
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
and thus render them ineffective. As such, it is somewhat similar to the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. However, it differs from it and other supreme court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
s in that it is not part of the regular judicial system, but more a unique judicial branch. Most importantly, it does not serve as a regular court of appeals
Court of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...
from lower courts or as a sort of “superappellate court” on any violation of national laws.
Activities
The Court has played a substantial role in the development of the Lithuanian legal systemLaw of Lithuania
Lithuanian law is a part of the legal system of Lithuania. It belongs to the civil law legal system, as opposed to the common law legal system.The legal system of Lithuania is based on epitomes of the French and German systems...
, declaring a number of national laws unconstitutional.
On March 31, 2004, it issued a ruling acknowledging the breach of the oath of office
Oath of office
An oath of office is an oath or affirmation a person takes before undertaking the duties of an office, usually a position in government or within a religious body, although such oaths are sometimes required of officers of other organizations...
by the President Rolandas Paksas
Rolandas Paksas
Rolandas Paksas is a Lithuanian politician who was President of Lithuania from 2003 to 2004. He was previously Prime Minister of Lithuania in 1999 and again from 2000 to 2001, and he also served as Mayor of Vilnius from 1997 to 1999 and again from 2000 to 2001...
. He was removed from office by Seimas following the impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
on April 6, 2004; this has been the first successful case of impeachment of the head of state in the history of Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
. The ruling interpreted the Constitution as precluding a person, who was pleaded guilty for the breach of oath, from assuming any future position in public service, which requires taking an oath.
Composition
The Court comprises nine justices, elected by the Seimas, for a nine-year non-renewable term of office. Only Lithuanian citizens of an impeccable reputation, who are trained in law, and who have served for at least 10 years in the legal profession, or in an area of legal education are eligible for appointment. Usually, notable legal scholars and highly experienced judges qualify for the position. The candidates are nominated by the Chairman of the Seimas, the President of Lithuania and the President of the Supreme Court of the Republic of Lithuania, 3 persons each. The Seimas appoints the President of the Court from among the justices upon the nomination by the President of the state.Members
Justices in the new 2008 term are: Kęstutis LapinskasKestutis Lapinskas
Kęstutis Lapinskas is an expert of Constitutional law and current President of Constitutional Court of the Republic of Lithuania, who replaced Egidijus Kūris at this position...
(President of the Court); Armanas Abramavičius; Toma Birmontienė; Pranas Kuncionis; Zenonas Namavičius; Ramutė Ruškytė; Egidijus Šileikis; Algirdas Taminskas; Romualdas Kęstutis Urbaitis.