Relationship between the International, European Union Law and Lithuanian Law
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Abstract
International and EU - Law influences national legislation de lege lata and de lege ferenda. The Lithuanian legal order contains special rules about the relationship between the international, European Union and domestic legal orders. The Lithuanian Constitution states that the relations of the Republic of Lithuania with other States are based on the principle of fulfillment, in good faith, of obligations derived from the generally recognized principles of international law.
The article 138(3) of the Lithuanian Constitution states: “International agreements which are ratified by the Seimas of the Republic of Lithuania shall be a constituent part of the legal system of the Republic of Lithuania.” Also of great significance when considering the relationship between the international and domestic legal orders is an Act of the Lithuanian Parliament entitled “Act on Treaties”. The Lithuanian Constitutional Court considers: “Article 138 of the Constitution affirms that the system of coordination of international and national law chosen by the Republic of Lithuania is based on the rule that international treaties are subject to transformation into the legal system of the country (they are incorporated into it). ... It is established in the Constitution that ratified international treaties are a constituent part of the internal legal system and in the Act in question here, this force of law of international treaties is recognized. These two propositions signify that a legal mechanism is created in the Republic of Lithuania, the use of which ensures that international obligations are implemented in the national law of the Republic of Lithuania”.
The system of incorporation is based on the dualist approach to the international obligations of the State of Lithuania. Thus there remains no doubt that the Lithuanian domestic legal order is open for the direct application of EU law, as the Lithuanian Constitution clearly recognizes the direct applicability of international law. Moreover, the relevant provisions of the Lithuanian Constitution are considered by legal commentators to constitute norms which act to incorporate the rules of international law directly into the Lithuanian domestic legal order.
Importantly, the Constitutional Act guarantees the supremacy of EU - Law over domestic legislation. The Constitutional Court is responsible for controlling Lithuanian legislation in this field and the case law of the Constitutional Court is reflected by the legislative acts passed.
This is relevant to the accession of Lithuania to the EU because it has long been recognized by the European Court of Justice that Community Law is to be regarded as a part of the general system of international law. The enforcement of EU law, however, is a separate issue. The Constitutional Act on the Membership of the Republic of Lithuania of the European Union has developed a number of principles on which membership of the Union is based. The Constitutional Act also contains specific provisions concerning the enforcement of EU legal requirements in Lithuania: EU Law is said to constitute a part of the Lithuanian legal system and, importantly, legal acts of the EU take precedence over national legal acts. This latter rule is to be applied in any situation of conflict between the two legal systems.
According to the decision of the Constitutional Court of the Republic of Lithuania the International Law and the EU Law belong to a part of constitutional control of the national legislation to prevent the violation of obligation of the International and the EU law. Constitutional clause means, that international obligation could not be a violation of the national constitution.
Convention for the Protection of Human rights and fundamental freedoms as amended by Protocol Nr. 11 [European Convention of Human rights] influences the Lithuanian jurisdiction and develops the Human rights protection. European Convention of Human rights has direct application. National Courts apply in the decision the rules of the European Convention of Human rights and the judiciary of the European Court of Human Rights’ [ECHR].
This article presents the selective Examples for applying of the European Convention of Human rights – judiciary of the Constitutional Court of the Republic of Lithuania, the Supreme Court of Lithuania and the Supreme Administrative Court of Lithuania.
ECHR could prove the decisions of national courts, while European Convention of human rights developed independent standard and criteria for applying of Convention requirements. Human rights in the Lithuanian Constitution are to be interpreted according to the Convention requirements. It is important for applying of the human rights restrictions.
The European Convention of Human rights has universal human rights standard belonging to the public order of the European Region.
The article 138(3) of the Lithuanian Constitution states: “International agreements which are ratified by the Seimas of the Republic of Lithuania shall be a constituent part of the legal system of the Republic of Lithuania.” Also of great significance when considering the relationship between the international and domestic legal orders is an Act of the Lithuanian Parliament entitled “Act on Treaties”. The Lithuanian Constitutional Court considers: “Article 138 of the Constitution affirms that the system of coordination of international and national law chosen by the Republic of Lithuania is based on the rule that international treaties are subject to transformation into the legal system of the country (they are incorporated into it). ... It is established in the Constitution that ratified international treaties are a constituent part of the internal legal system and in the Act in question here, this force of law of international treaties is recognized. These two propositions signify that a legal mechanism is created in the Republic of Lithuania, the use of which ensures that international obligations are implemented in the national law of the Republic of Lithuania”.
The system of incorporation is based on the dualist approach to the international obligations of the State of Lithuania. Thus there remains no doubt that the Lithuanian domestic legal order is open for the direct application of EU law, as the Lithuanian Constitution clearly recognizes the direct applicability of international law. Moreover, the relevant provisions of the Lithuanian Constitution are considered by legal commentators to constitute norms which act to incorporate the rules of international law directly into the Lithuanian domestic legal order.
Importantly, the Constitutional Act guarantees the supremacy of EU - Law over domestic legislation. The Constitutional Court is responsible for controlling Lithuanian legislation in this field and the case law of the Constitutional Court is reflected by the legislative acts passed.
This is relevant to the accession of Lithuania to the EU because it has long been recognized by the European Court of Justice that Community Law is to be regarded as a part of the general system of international law. The enforcement of EU law, however, is a separate issue. The Constitutional Act on the Membership of the Republic of Lithuania of the European Union has developed a number of principles on which membership of the Union is based. The Constitutional Act also contains specific provisions concerning the enforcement of EU legal requirements in Lithuania: EU Law is said to constitute a part of the Lithuanian legal system and, importantly, legal acts of the EU take precedence over national legal acts. This latter rule is to be applied in any situation of conflict between the two legal systems.
According to the decision of the Constitutional Court of the Republic of Lithuania the International Law and the EU Law belong to a part of constitutional control of the national legislation to prevent the violation of obligation of the International and the EU law. Constitutional clause means, that international obligation could not be a violation of the national constitution.
Convention for the Protection of Human rights and fundamental freedoms as amended by Protocol Nr. 11 [European Convention of Human rights] influences the Lithuanian jurisdiction and develops the Human rights protection. European Convention of Human rights has direct application. National Courts apply in the decision the rules of the European Convention of Human rights and the judiciary of the European Court of Human Rights’ [ECHR].
This article presents the selective Examples for applying of the European Convention of Human rights – judiciary of the Constitutional Court of the Republic of Lithuania, the Supreme Court of Lithuania and the Supreme Administrative Court of Lithuania.
ECHR could prove the decisions of national courts, while European Convention of human rights developed independent standard and criteria for applying of Convention requirements. Human rights in the Lithuanian Constitution are to be interpreted according to the Convention requirements. It is important for applying of the human rights restrictions.
The European Convention of Human rights has universal human rights standard belonging to the public order of the European Region.
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