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Constitutional Court of Lithuania

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Constitutional Court of the Republic of Lithuania
Lietuvos Respublikos Konstitucinis Teismas
54°41′17″N 25°16′23″E / 54.688°N 25.273°E / 54.688; 25.273
Established1992
JurisdictionRepublic of Lithuania
LocationGediminas Avenue, Vilnius, Lithuania
Coordinates54°41′17″N 25°16′23″E / 54.688°N 25.273°E / 54.688; 25.273
Composition methodRenewed 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
Authorised byConstitution of Lithuania
Judge term length9 years (only one term allowed)
Number of positions9
Websitelrkt.lt
President
CurrentlyGintaras Goda
Since18 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

Headquarters of Constitutional Court in Vilnius
Politics of Lithuania
Coat of arms of Lithuania
Constitution
Executive
Legislature
Judiciary
Elections
Administrative divisions
Foreign relations

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. 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. This ruling was a big step in humanizing the punishment system.

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

Name Date of birth Hometown President Date appointed Mandatory retirement year Law School Prior judicial office
Gintaras Goda (1965-06-13) 13 June 1965 (age 59) Švenčionys Grybauskaitė 14 March 2017 2026 Vilnius University
Goethe University Frankfurt 		Supreme Administrative Court of Lithuania
Supreme Court of Lithuania
Daiva Petrylaitė (1977-08-23) 23 August 1977 (age 47) Raseiniai Grybauskaitė 14 March 2017 2026 Vilnius University
Janina Stripeikienė (1955-03-08) 8 March 1955 (age 69) Kelmė Grybauskaitė 14 March 2017 2026 Vilnius University Court of Appeal of Lithuania
Supreme Court of Lithuania
Giedrė Lastauskienė (1967-06-02) 2 June 1967 (age 57) Šilalė Nausėda 15 January 2021 2029 Vilnius University
Algis Norkūnas (1962-08-24) 24 August 1962 (age 62) Trakai Nausėda 15 January 2021 2029 Vilnius University Ignalina District Local Court
Vilnius Regional Court
Supreme Court of Lithuania
Vytautas Mizaras (1974-08-20) 20 August 1974 (age 50) Babrai Nausėda 9 June 2021 2029 Vilnius University
Goethe University Frankfurt
Tomas Davulis (1975-05-29) 29 May 1975 (age 49) Vilnius Nausėda 16 March 2023 2032 Vilnius

University University of Freiburg

Aurelijus Gutauskas (1972-05-22) 22 May 1972 (age 52) Vilkaviškis Nausėda 16 March 2023 2032 Mykolas Riomeris University
Stasys Šedbaras (1958-02-10) February 10, 1958 (age 66) Tūjainiai Nausėda 16 March 2023 2029 Villnius 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

References

  1. ^ "Appointment and status of Justices". Constitutional Court of the Republic of Lithuania. Archived from the original on 21 May 2022. Retrieved 21 May 2022.
  2. Lithuania: Paksas Becomes First European President To Be Removed From Office Accessed January 8, 2007
  3. Lietuvos Respublikos Konstitucinio Teismo nutarimas dėl Lietuvos Respublikos baudžiamojo kodekso 105 straipsnio sankcijoje numatytos mirties bausmės atitikimo Lietuvos Respublikos Konstitucijai Archived 10 August 2022 at the Wayback Machine (Ruling of the Constitutional Court of the Republic of Lithuania on the constitutionality of the death penalty provided in the sanction of article 105 of the criminal code of the Republic of Lithuania)
  4. Constitutional Court (13 January 2020) 25 Konstitucinio Teismo bylos, pakeitusios Lietuvą (25 cases of the Constitutional Court that changed Lithuania), p. 11

External links

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