Constitutional Court of Lithuania explained

Court Name:Constitutional Court of the Republic of Lithuania
Native Name:Lithuanian: Lietuvos Respublikos Konstitucinis Teismas
Established:1992
Jurisdiction:Republic of Lithuania
Location:Gediminas Avenue, Vilnius, Lithuania
Type:Renewed by a third every three years, each judge nominated by the President, Speaker of Seimas and the Head of the Supreme Court and appointed by Seimas[1]
Authority:Constitution of Lithuania
Terms:9 years (only one term allowed)
Positions:9
Chiefjudgetitle:President
Chiefjudgename:Gintaras Goda
Termstart:18 June 2021

Constitutional Court of the Republic of Lithuania (in Lithuanian: Lietuvos Respublikos Konstitucinis Teismas) is the constitutional court of the Republic of Lithuania, established by the Constitution of the Republic of Lithuania of 1992. It began the activities after the adoption of the Law of Constitutional Court of the Republic of Lithuania on 3 February 1993. Since its inception, the court has been located in Vilnius.

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 comparable to the Federal Constitutional Court of Germany or, in a limited scope, to the Supreme Court of the United States. However, it differs from it and other supreme courts 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.

Activities

The Court has played a substantial role in the development of the Lithuanian legal system, declaring a number of national laws unconstitutional. On 31 March 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 6 April 2004; this has been the first successful case of impeachment of the head of state in the history of Europe.[2] 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.

On 9 December 1998, the Constitutional Court declared that article 105 of the criminal code of the Republic of Lithuania, which established the death penalty, violated several articles of the Constitution.[3] This ruling was a big step in humanizing the punishment system.[4]

Composition

The Court comprises nine justices, appointed 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 court is renewed by a third every three years. 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, the Seimas then decides on appointing them. The Seimas appoints the President of the Court from among the justices upon the nomination by the President of the state.

Members

Current members

NameDate of birthHometownPresidentDate appointedMandatory retirement yearLaw SchoolPrior judicial office
1965 6, df=yŠvenčionysGrybauskaitėVilnius University
Goethe University Frankfurt
Supreme Administrative Court of Lithuania
Supreme Court of Lithuania
1977 8, df=yRaseiniaiGrybauskaitėVilnius University
1955 3, df=yKelmėGrybauskaitėVilnius UniversityCourt of Appeal of Lithuania
Supreme Court of Lithuania
1967 6, df=yŠilalėNausėdaVilnius University
1962 8, df=yTrakaiNausėdaVilnius UniversityIgnalina District Local Court
Vilnius Regional Court
Supreme Court of Lithuania
1974 8, df=yBabraiNausėdaVilnius University
Goethe University Frankfurt
VilniusNausėda16 March 20232032Vilnius UniversityUniversity of Freiburg
Aurelijus Gutauskas22 May 1972VilkaviškisNausėda16 March 20232032Mykolas Riomeris University
Stasys Šedbaras10 February 1958TūjainiaiNausėda16 March 20232029Villnius University

Historical composition

1993–1996

1996–1999

1999–2002

2002–2005

2005-2008

2008-2011

2011-2014

2014-2017

2017-2020

2020-2023

2023-2026

Notes and References

  1. Web site: Appointment and status of Justices. Constitutional Court of the Republic of Lithuania. 21 May 2022. 21 May 2022. https://web.archive.org/web/20220521163603/https://lrkt.lt/en/about-the-court/justices/appointment-and-status-of-justices/181. dead.
  2. http://www.rferl.org/featuresarticle/2004/04/dea1b82e-15e4-4651-a95e-b4e294eff047.html Lithuania: Paksas Becomes First European President To Be Removed From Office
  3. https://lrkt.lt/lt/teismo-aktai/paieska/135/ta385/content Lietuvos Respublikos Konstitucinio Teismo nutarimas dėl Lietuvos Respublikos baudžiamojo kodekso 105 straipsnio sankcijoje numatytos mirties bausmės atitikimo Lietuvos Respublikos Konstitucijai
  4. Constitutional Court (13 January 2020) 25 Konstitucinio Teismo bylos, pakeitusios Lietuvą (25 cases of the Constitutional Court that changed Lithuania), p. 11