Atskiroji nuomonė konstitucinėje justicijoje: teismo kolegialumas vs. teisėjo vidinis nepriklausomumas

Abstract

The right of a judge to announce a dissenting opinion regarding the decision of the case is an expression of his personal independence in justice administration. The legal system of Lithuania grants this right to the judges of all courts of general jurisdiction and administrative courts. In contrast to the Constitutional Court judges of most European states, the judges of the Constitutional Court of Lithuania do not have this right. Similarly to Austria, France and Italy, the Lithuanian legislator preferred the concept of a common position of the Constitutional Court. Proposals to introduce an institute of a dissenting opinion of a judge of the Constitutional Court are registered at the Seimas of the Republic of Lithuania. However, they have not attracted any reaction from the constitutional lawyers, even though the question deserves an in-depth discussion in order to weigh various possible aspects of the effect of this institute in the legal system of our country.