The Problems of the Constitutionality of Acts of International Law and their Application in the Legal System of the Republic of Lithuania

Abstract

The article deals with problems of interrelation of international law and internal (national) law, which are of current concern. The attention is paid to the historic-theoretic sources of this problem, the general aspects, which rise in the context of adjudication of international and internal law. They are touched upon. The attention is also paid to the way, how this urgent problem is dealt with by using dualistic and monistic concepts and how it is reflected in the constitutions of states.
The main problem, which is dealt with in this article, is how the question of interrelation of international law and constitutions of the states is solved. The attention is paid to those legal mechanisms, which are provided for in the constitutions of states. In this context the role of constitutional justice is emphasised. Two forms of verification – preliminary and later – of constitutionality of international law acts – are analysed. The tendency is, that Constitutional Courts are entrusted with not only the function of the verification of constitutionality of the acts of international law, but also with another function – to determine whether the laws or other legal acts of the state are in compliance with acts of international law’ acts.
A lot of consideration is given to the peculiarities of competence of the Constitutional Court of the Republic of Lithuania in dealing with constitutionality of international treaties. The positions of the Constitutional Court in regard to the importance of the European Convention for the Protection of Human Rights and Fundamental Freedoms in the legal system of Republic of Lithuania are disclosed. The role performed by the principles and provisions of international law in the formulation of arguments and reasoning of the Constitutional Court is dealt with separately.