Konstitucinio Teismo įgaliojimų teikti išvadas objektai ir subjektai: teisinio reguliavimo problemos ir jų sprendimo galimybės ; Objects and subjects of the powers of Constitutional Court to give conclusions: problems of legal regulation and the possibilities of their solution

Abstract

Due to the paradigmic powers of the constitutional courts to verify the conformity of legal acts with the constitution, researchers of these institutions have focused exclusively on them and devoted little attention to other gruops of powers of the constitutional justice institutions. This tendency is strong both in foreign and in Lithuanian law research works. In order to at least partially fill this gap in legal science, this study examines the issue of modifying the constitutional justice model entrenched in the Constitution of the Republic of Lithuania and the Law on the Constitutional Court of the Republic of Lithuania, namely in the area of conclusions given by the Constitutional Court. Although the discussions about the development of other elements of this group of powers of Constitutional Court are also possible, but the object of this research is objects and subjects of consideration of inquiries regarding the conclusions of the Constitutional Court. The aim of this research is to discuss the needs, preconditions and possibilities for modifying the legal regulation entrenched in the Constitution and the Law on the Constitutional Court, regulating the objects and subjects of the powers in question. In order to provide a basis for further research, in the first chapter of the study the typology of the powers of constitutional justice institutions, as well as the development of the Lithuanian constitutional justice model is discussed. The second section of the study discusses the possibilities of modifying the existing objects of consideration of the inquiries requesting a conclusion of the Constitutional Court, as well as for expanding the list of objects of consideration of these inquiries with the competence commonly observed to be conferred on constitutional justice institutions in other European states. The third part of the study analyzes the needs for modifying the subjects of the consideration of the inquiry requesting a conclusion. This section discusses not only the needs of expanding the list of the subjects authorised to initiate these proceedings, but also the circle of the persons participating in constitutional justice proceedings dealing with inquiries requesting a conclusion and other participants to such type of constitutional justice cases. In order to answer the questions of this study, first of all normative sources were analyzed: Constitution, also the Law on the Constitutional Court and other legislative acts related to the discussed powers of the Constitutional Court. In order to compare the scope of the powers of the constitutional justice institutions of Lithuania and other European states (in the discussed area) foreign legal acts falling under the present research (constitutions of foreign states, laws on constitutional courts, rules of constitutional courts) were also analyzed. A particularly important role in this study plays the analysis of jurisprudential sources: the basic source in this group is the final and non-final acts of the Constitutional Court of the Republic of Lithuania, as well as other materials of constitutional justice cases, not excluding the decisions of Supreme Administrative Court of Lithuania and the acts of constitutional justice institutions of foreign states. In this work were also analysed relevant to the study public opinion surveys, statistical data and special literature. This study lead to the conclusion, that in comparison with the powers conferred on the constitutional courts (in the discussed area) of other European states, the competence of the Constitutional Court of the Republic of Lithuania is relatively narrow. The analysis of the legal regulation regulating the powers of the Constitutional Court to consider the inquires requesting conclusions has revealed, that there are certain problems requiring legal regulation adjustment both in the area of objects and subjects of consideration of the inquiries requesting a conclusion of the Constitutional Court. Public survey results show that a significant part of society is prepared for expanding the competence of the Constitutional Court, vesting it with additional functions, strengthening its powers, as well as increasing its accessibility. Therefore, consideration should be given to the preconditions for enhancing the powers of the Constitutional Court not only by introducing the individual constitutional complaint institution, but also by reinforcing the powers of the Constitutional Court in the area of its conclusions. The study also draws the conclusion that the currently existing objects of these proceedings could be modified: 1) by expanding the list of officials specified in the Constitution who may be removed from office through impeachment proceedings and extending it to the president and justices of the Supreme Administrative Court of Lithuania; 2) by granting the Constitutional Court the right to apply the temporary protection measure of the suspension of the powers of the officials concerned in cases concerning impeachment proceedings. Upon assessing the possibilities for expanding the list of objects of these proceedings, the study leads to the conclusion that this list should also include the powers of the Constitutional Court to exercise the a priori assessment of the constitutionality of issues put to a referendum. In the area of subjects of the inquiries requesting a conclusion some practical problems arise due to the limited circle of subjects authorised to initiate constitutional justice cases regarding the breaches of electoral laws and the constitutionality of international treaties of the Republic of Lithuania: candidates participating in parliamentary and presidential elections or subjects who have nominated such candidates remain the ones most interested in the outcome of proceedings regarding the violations of electoral laws; therefore, the fact that they have no right to directly apply to the Constitutional Court regarding the violations of electoral laws poses an obstacle to the effective defence of their violated electoral rights. In addition, the applications brought before the Constitutional Court and the practice of foreign states underline the need to expand the circle of subjects entitled to directly address the Constitutional Court in cases concerning the constitutionality of international treaties following their ratification, as well as concerning the constitutionality of laws on their ratification. The Law on the Constitutional Court contains no provision specifying who should be considered a party concerned in constitutional justice cases instituted regarding the violations of electoral laws, or in cases concerning the constitutionality of international treaties of the Republic of Lithuania; consequently, practical uncertainties arise in the course of considering these cases, since a significant part of procedural rights depends on whether a particular subject is recognised as a party concerned.