Ministerijų juriskonsultų komisija Lietuvos teisinėje sistemoje (1920–1928)

Abstract

Referring to unpublished archival material and some other sources, the article describes the circumstances of the foundation and liquidation of The Commission of Legal Advisors of Ministries, its legal standing and the most important characteristics of its activities. This interdepartmental institution functioned with the Cabinet during the period of 1920–1928. As provided by its statute, the Commission had advisory functions within two spheres of the Government – legislation (advice on the bills submitted to the Commission by the Cabinet, the draft treaties and undertakings of the Government, as well as advice on affective laws) and administrative legitimacy (legal advice upon inquiries by the Cabinet or particular ministries). The article surveys The Commission's work. The Commission mostly rendered the findings concerning the bills prepared by The Cabinet. The Commission was charged to deal with some certain drafts of international treaties as well as with drafts of economical treaties prepared by The Government or The Ministries. A fair amount of The Commission's work composed dealing with corny arising in the practice of The Ministries. Some of the rulings of The Commission were of the general character and had a universal significance. Simultaneously the similar functions were charged to the Ministry of Justice established in 1924, however, it did not manage to achieve anything substantial and that is why there was no serious competition for The Commission of Legal Advisors. The Lithuanian Constitution of 1928 as well as the particular law published in a short time, provided for the establishment of a new advisory institution – The State Council. As the new government decided not to convene the Seimas for indefinite time, this new institution was meant to aid the government who took over the legislation, hereby hoping that it will soften this fact in the eyes of the society. The State Council was also made in charge of administrative legitimacy, i.e. its functions fully encompassed the functions exercised by The Commission of Legal Advisors of Ministries. Under these circumstances the Commission of Legal Advisors of Ministries became redundant and therefore liquidated by the ruling of the Cabinet.