Law of Lithuania
Encyclopedia
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 epitome
s of the French and German systems. The Lithuanian legal system is grounded on the principles laid out in the Constitution of the Republic of Lithuania
and safeguarded by the Constitutional Court of the Republic of Lithuania
.
The Lithuanian law has a long history. The origins are traced back to the first written source, the Casimir Code
, published in 1468 by the Grand Duke of Lithuania Casimir Jagiellon with the Lithuanian Council of Lords
. It is considered to be the first codified law of the Grand Duchy of Lithuania
. Statutes of Lithuania
, published three times (in 1529, 1566 and 1588) were the most influent legal code
s of Lithuania. The third variant of the Statute was in force in the territory of Lithuania until 1840 when it got replaced by the Russian laws. However, under the rule of the Russian Empire
, there were three separate civil law
systems in force in Lithuania: in Suvalkija
the Napoleonic Code
was still applied, whereas the German law was in force in Klaipėda Region
.
The legal system of independent Lithuania between the World Wars was influenced by the fact that three separate systems of civil law governed various parts of the country, while the autonomous Klaipėda Region had its own legal instruments. The notable difference from the rest of the state was the possibility of a secular civil marriage
in the 1930s and 1940s. The drafting of Lithuanian legal codes went on for decades and was not completed until World War II
. During the Soviet occupation the adapted law of the USSR
was in force in Lithuania.
After regaining of independence in 1990, the largely modified Soviet legal codes were in force for about a decade. The modern Constitution of Lithuania was adopted in 25 October 1992. In 2001 the Civil Code of Lithuania
was passed in Seimas
. It was succeeded by the Criminal Code
and Criminal Procedure
Code in 2003. The approach to the criminal law
is inquisitorial, as opposed to adversarial; it is generally characterised by an insistence on formality and rationalisation, as opposed to practicality and informality.
The European Union law
is an integral part of the Lithuanian legal system since 1 May 2004.
is codified in a single legal act - the Civil Code of the Republic of Lithuania http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=245495&p_query=&p_tr2= which is in force since 1 July 2001. It is influenced by the civil codes of Quebec and the Netherlands. The commercial law in Lithuania is of an increasingly excellent drafting quality and the market in Lithuanian legal services is now increasingly competitive.
Lithuania
Lithuania , officially the Republic of Lithuania is a country in Northern Europe, the biggest of the three Baltic states. It is situated along the southeastern shore of the Baltic Sea, whereby to the west lie Sweden and Denmark...
. It belongs to the civil law legal system
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
, as opposed to the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
legal system.
The legal system of Lithuania is based on epitome
Epitome
An epitome is a summary or miniature form; an instance that represents a larger reality, also used as a synonym for embodiment....
s of the French and German systems. The Lithuanian legal system is grounded on the principles laid out in the Constitution of the Republic of Lithuania
Constitution of Lithuania
The Constitution of the Republic of Lithuania defines the legal foundation for all laws passed in the Republic of Lithuania. It was approved in a referendum on October 25, 1992.-History:...
and safeguarded by the Constitutional Court of the Republic of Lithuania
Constitutional Court of the Republic of Lithuania
The Constitutional Court of the Republic of Lithuania 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...
.
History
Casimir Code
The Casimir's Code was a legal code adopted in 1468 by Grand Duke of Lithuania and King of Poland Casimir IV Jagiellon with an approval of the Lithuanian Council of Lords. It was the first attempt to codify the laws of the Grand Duchy of Lithuania. The code prescribed punishment for property...
, published in 1468 by the Grand Duke of Lithuania Casimir Jagiellon with the Lithuanian Council of Lords
Lithuanian Council of Lords
The Lithuanian Council of Lords was the main permanent institution of central government in the Grand Duchy of Lithuania active in its capital city of Vilnius....
. It is considered to be the first codified law of the Grand Duchy of Lithuania
Grand Duchy of Lithuania
The Grand Duchy of Lithuania was a European state from the 12th /13th century until 1569 and then as a constituent part of Polish-Lithuanian Commonwealth until 1791 when Constitution of May 3, 1791 abolished it in favor of unitary state. It was founded by the Lithuanians, one of the polytheistic...
. Statutes of Lithuania
Statutes of Lithuania
The Statutes of Lithuania originally known as the Statutes of the Grand Duchy of Lithuania were a 16th century codification of all the legislation of the Grand Duchy of Lithuania and its successor, the Polish–Lithuanian Commonwealth...
, published three times (in 1529, 1566 and 1588) were the most influent legal code
Legal code
A legal code is a body of law written by a governmental body, such as a U.S. state, a Canadian Province or German Bundesland or a municipality...
s of Lithuania. The third variant of the Statute was in force in the territory of Lithuania until 1840 when it got replaced by the Russian laws. However, under the rule of the Russian Empire
Russian Empire
The Russian Empire was a state that existed from 1721 until the Russian Revolution of 1917. It was the successor to the Tsardom of Russia and the predecessor of the Soviet Union...
, there were three separate civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
systems in force in Lithuania: in Suvalkija
Suvalkija
Suvalkija or Sudovia is the smallest of the five cultural regions of Lithuania. Its unofficial capital is Marijampolė. People from Suvalkija are called suvalkiečiai or suvalkietis . It is located south of the Neman River, in the former territory of Vilkaviškis bishopric...
the Napoleonic Code
Napoleonic code
The Napoleonic Code — or Code Napoléon — is the French civil code, established under Napoléon I in 1804. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs go to the most qualified...
was still applied, whereas the German law was in force in Klaipėda Region
Klaipėda Region
The Klaipėda Region or Memel Territory was defined by the Treaty of Versailles in 1920 when it was put under the administration of the Council of Ambassadors...
.
The legal system of independent Lithuania between the World Wars was influenced by the fact that three separate systems of civil law governed various parts of the country, while the autonomous Klaipėda Region had its own legal instruments. The notable difference from the rest of the state was the possibility of a secular civil marriage
Civil marriage
Civil marriage is marriage performed by a government official and not a religious organization.-History:Every country maintaining a population registry of its residents keeps track of marital status, and most countries believe that it is their responsibility to register married couples. Most...
in the 1930s and 1940s. The drafting of Lithuanian legal codes went on for decades and was not completed until World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. During the Soviet occupation the adapted law of the USSR
Soviet law
The Law of the Soviet Union—also known as Socialist Law—was the law developed in the Soviet Union following the October Revolution of 1917...
was in force in Lithuania.
After regaining of independence in 1990, the largely modified Soviet legal codes were in force for about a decade. The modern Constitution of Lithuania was adopted in 25 October 1992. In 2001 the Civil Code of Lithuania
Civil Code of Lithuania
Lithuanian Civil Code from 18 July 2000 is Civil Code of Lithuania. It came into effect on January 1, 2000, and was considered a massive and groundbreaking project. The Drafting Group of the new Lithuanian Civil Code established by the Parliament Seimas in 1990. Prof...
was passed in 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...
. It was succeeded by the Criminal Code
Criminal Code
A criminal code is a document which compiles all, or a significant amount of, a particular jurisdiction's criminal law...
and Criminal Procedure
Criminal procedure
Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...
Code in 2003. The approach to the criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
is inquisitorial, as opposed to adversarial; it is generally characterised by an insistence on formality and rationalisation, as opposed to practicality and informality.
The European Union law
European Union law
European Union law is a body of treaties and legislation, such as Regulations and Directives, which have direct effect or indirect effect on the laws of European Union member states. The three sources of European Union law are primary law, secondary law and supplementary law...
is an integral part of the Lithuanian legal system since 1 May 2004.
Civil and commercial law
The civil law and commercial lawCommercial law
Commercial law is the body of law that governs business and commercial transactions...
is codified in a single legal act - the Civil Code of the Republic of Lithuania http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=245495&p_query=&p_tr2= which is in force since 1 July 2001. It is influenced by the civil codes of Quebec and the Netherlands. The commercial law in Lithuania is of an increasingly excellent drafting quality and the market in Lithuanian legal services is now increasingly competitive.
Legal science
Legal professionals are prepared and the law is researched in departments of three universities of Lithuania:- Law Faculty of Vilnius UniversityVilnius UniversityVilnius University is the oldest university in the Baltic states and one of the oldest in Eastern Europe. It is also the largest university in Lithuania....
, the oldest, established in 1641 - M.A.Master of Arts (postgraduate)A Master of Arts from the Latin Magister Artium, is a type of Master's degree awarded by universities in many countries. The M.A. is usually contrasted with the M.S. or M.Sc. degrees...
, LL.D.; - Law Faculty of Mykolas Romeris UniversityMykolas Romeris UniversityMykolas Romeris University is a university in the capital city of Vilnius, Lithuania, bearing the name of the Lithuanian legal scholar, judge and father of Lithuania's Constitutional Law Mykolas Römeris. Established in 2004, it is a state-funded institution....
- B.A.Bachelor of ArtsA Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
, M.A.Master of Arts (postgraduate)A Master of Arts from the Latin Magister Artium, is a type of Master's degree awarded by universities in many countries. The M.A. is usually contrasted with the M.S. or M.Sc. degrees...
, LL.M., LL.D.; - Law School of Vytautas Magnus UniversityVytautas Magnus UniversityVytautas Magnus University ) is a public university in Kaunas, Lithuania. The university was founded in 1922 during the interwar period as an alternate national university...
- LL.M..
International judges
- Egidijus Bieliūnas - a Member of the European Commission on Human Rights;
- Danutė JočienėDanute JocieneDanutė Jočienė is a Lithuanian lawyer. She is the second representative of Lithuania in the European Court of Human Rights to date and the youngest judge in the Court's history .Danutė Jočienė graduated from the Law Faculty of Vilnius...
- the first female judge from Lithuania at the European Court of Human RightsEuropean Court of Human RightsThe European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
and a DocentDocentDocent is a title at some European universities to denote a specific academic appointment within a set structure of academic ranks below professor . Docent is also used at some universities generically for a person who has the right to teach...
at Vilnius University; - Pranas KūrisPranas KurisPranas Kūris is a Lithuanian lawyer. He is the first representative of Lithuania in the European Court of Justice and European Court of Human Rights....
- a Judge at the European Court of JusticeEuropean Court of JusticeThe Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
; - Mykolas Romeris - a progenitor of the Lithuanian Constitutional lawConstitutional lawConstitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
school, judge at the Hague TribunalHague TribunalHague Tribunal is a popular name for the Permanent Court of Arbitration established in 1899.*Permanent Court of Arbitration, a permanent arbitration court*Permanent Court of International Justice , superseded by:*International Court of Justice...
; - Vilenas VadapalasVilenas VadapalasVilenas Vadapalas is a Lithuanian lawyer. He became the first representative of Lithuania at the Court of First Instance of the European Union, when he was appointed in 2004...
- a Judge at the Court of First InstanceCourt of First InstanceThe General Court is a jurisdictional instance of the Court of Justice of the European Union. From its inception on 1 January 1989 to 30 November 2009, it was known as the Court of First Instance .-Competence:...
.
Prominent Lawyers in Lithuania
- Vytautas Greičius - Chairman of the Supreme Court of the Republic of Lithuania
- Kęstutis LapinskasKestutis LapinskasKęstutis 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...
- Chairman of the Constitutional Court of the Republic of LithuaniaConstitutional Court of the Republic of LithuaniaThe Constitutional Court of the Republic of Lithuania 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... - Valentinas MikelėnasValentinas MikelenasValentinas Mikelėnas is a Lithuanian lawyer, former Justice of the Supreme Court of Lithuania, and one of the most prominent Lithuanian civil law scholars at Vilnius University. Mikelėnas was the Head of the Drafting Group of the Civil Code of Lithuania in 1991.- External links :***...
- a former Justice at the Supreme Court of Lithuania and a most prominent Lithuanian civil law scholarLegal scienceLegal Science is one of the social sciences which deals with the institutions and principles that particular societies have developed:Legal science is one of the main components in the civil law tradition .Legal science is primarily the creation of German legal scholars of the middle and late...
to date - Vytautas Milius - Chairman of the Court of Appeal of Lithuania
- Stanisław Narutowicz - a signatory of the Act of Independence of LithuaniaAct of Independence of LithuaniaThe Act of Independence of Lithuania or Act of February 16 was signed by the Council of Lithuania on February 16, 1918, proclaiming the restoration of an independent State of Lithuania, governed by democratic principles, with Vilnius as its capital. The Act was signed by all twenty...
- Artūras PaulauskasArturas PaulauskasArtūras Paulauskas is a Lithuanian politician. He was the Speaker of Seimas, the parliament of Lithuania, from 2000 to 2006, and he served as Acting President of Lithuania from 6 April 2004 to 12 July 2004.-Early career:...
- a former Chairman of the Parliament of Lithuania - Mykolas SleževičiusMykolas SleževiciusMykolas Sleževičius was a Lithuanian lawyer, political figure, and journalist, who served as Prime Minister of Lithuania on two occasions.- Early life :...
- a former Prime Minister of LithuaniaPrime Minister of LithuaniaThe Prime Minister of Lithuania is the head of the executive arm of Lithuania's government, and is chosen by the Lithuanian parliament, the Seimas. The modern office of Prime Minister was established in 1990, although the official title was "Chairperson of the Council of Ministers" until 25... - Jokūbas ŠernasJokubas ŠernasJokūbas Šernas was a Lithuanian attorney, journalist, teacher, and banker, one of the twenty signatories to the Act of Independence of Lithuania.Born in Biržai, he studied law at the University of St. Petersburg, graduating in 1914...
- a signatory to the Act of Independence of LithuaniaAct of Independence of LithuaniaThe Act of Independence of Lithuania or Act of February 16 was signed by the Council of Lithuania on February 16, 1918, proclaiming the restoration of an independent State of Lithuania, governed by democratic principles, with Vilnius as its capital. The Act was signed by all twenty... - Antanas TumėnasAntanas TumenasAntanas Tumėnas was a Lithuanian politician, teacher, professor of law, judge, Prime Minister of Lithuania in the 10th cabinet, Chairman of the Supreme Committee for the Liberation of Lithuania...
- a former Minister of Justice and Prime Minister of Lithuania - Virgilijus Valančius - Chairman of the Supreme Administrative Court of the Republic of Lithuania
External links
- The official database of legal acts of Lithuania - in the website of Seimas