Interpretation of the Principle of Equal Rights of Persons in the Jurisprudence of the Constitutional Court of the Republic of Lithuania
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Abstract
Some aspects of the interpretation of the constitutional principle of equal rights of persons in the jurisprudence of the Constitutional Court of the Republic of Lithuania are discussed in the article. While construing Article 29 of the Constitution and its links with other norms and principles of the Constitution, the Constitutional Court has formed quite an extensive and thorough doctrine of the principle of equal rights of persons.
Thus, in more than one of its legal acts, the Constitutional Court has noted that the principle of equal rights of persons obliges to assess the equal facts in the same way from the legal point of view and prohibits from arbitrary assessing the equal facts in a different way and that this principle of equal rights of persons must be followed while passing laws, applying them and administering justice. The Constitutional Court has also drawn attention to the fact that the principle of equal rights of persons must be followed not only in the aspect of citizens of the Republic of Lithuania, but also of citizens of foreign states and persons without citizenship, and that this principle is applicable not only to natural but also to legal persons. The Constitutional Court has also held that the constitutional principle of equal rights of persons does not deny the possibility to treat people in a different way while taking account of their status and position, that special requirements or certain conditions are also not attributed to the discriminative restrictions, when their establishment is related to the peculiarities of the regulated relations.
It is also indicated in the article that the formal legal equality and the possibility to implement the enjoyed rights must be distinguished, and that some persons have more possibilities to implement their constitutional rights due to the factors of certain property character or certain subjective reasons (for example, they are more educated, etc.), however, this does not in itself mean a violation of the principle of equal rights of persons.
The links of the constitutional principle of equal rights of persons with other provisions of the Constitution are also discussed in the article.
Thus, in more than one of its legal acts, the Constitutional Court has noted that the principle of equal rights of persons obliges to assess the equal facts in the same way from the legal point of view and prohibits from arbitrary assessing the equal facts in a different way and that this principle of equal rights of persons must be followed while passing laws, applying them and administering justice. The Constitutional Court has also drawn attention to the fact that the principle of equal rights of persons must be followed not only in the aspect of citizens of the Republic of Lithuania, but also of citizens of foreign states and persons without citizenship, and that this principle is applicable not only to natural but also to legal persons. The Constitutional Court has also held that the constitutional principle of equal rights of persons does not deny the possibility to treat people in a different way while taking account of their status and position, that special requirements or certain conditions are also not attributed to the discriminative restrictions, when their establishment is related to the peculiarities of the regulated relations.
It is also indicated in the article that the formal legal equality and the possibility to implement the enjoyed rights must be distinguished, and that some persons have more possibilities to implement their constitutional rights due to the factors of certain property character or certain subjective reasons (for example, they are more educated, etc.), however, this does not in itself mean a violation of the principle of equal rights of persons.
The links of the constitutional principle of equal rights of persons with other provisions of the Constitution are also discussed in the article.
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Please see Copyright and Licence Agreement for further details.
