Problems of Realisation of Independence and Selfgovernment of the Judiciary
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Abstract
The importance of the independence of the judiciary was highlighted both in the first edition (14 December 1993) of the Guidelines (Metmenys) of the system of the legal reform of Lithuania and in its second edition (28 June 1998). An aspiration of the legislator was perceived to have courts in democratic society as independent institutions free from the influence of the legislative and executive powers. The necessity to develop democracy in the activities of the judicial power was also emphasised in Metmenys.
Does the reform of the judicial system, namely the regulative part thereof, provide the conditions for the enforcement of freedom and independence of the judiciary? What contents and meaning does the judicial independence comprise in general? Can it be only a legal fiction or abstraction that may be perceived and understood as conditioned by the actual situation? And finally, is it not only an attractive term to a legal doctrine and deprived of any practical application?
Self-government of the judiciary in Lithuania is touched upon with great caution. The possibility of free command over the direct allocations from the State budget is the first step towards the independence of courts. On the other hand, we are absolutely convinced that the independence of the judiciary will not be comprehensive as long as the organisational activities of courts are not entrusted to the courts themselves. We will try to disclose the meaning of self-government of the judiciary and to lay basis for the statement that the independence of the judiciary is secured by an effectively functioning and democratically formed system of their self-government and self–regulation.
Does the reform of the judicial system, namely the regulative part thereof, provide the conditions for the enforcement of freedom and independence of the judiciary? What contents and meaning does the judicial independence comprise in general? Can it be only a legal fiction or abstraction that may be perceived and understood as conditioned by the actual situation? And finally, is it not only an attractive term to a legal doctrine and deprived of any practical application?
Self-government of the judiciary in Lithuania is touched upon with great caution. The possibility of free command over the direct allocations from the State budget is the first step towards the independence of courts. On the other hand, we are absolutely convinced that the independence of the judiciary will not be comprehensive as long as the organisational activities of courts are not entrusted to the courts themselves. We will try to disclose the meaning of self-government of the judiciary and to lay basis for the statement that the independence of the judiciary is secured by an effectively functioning and democratically formed system of their self-government and self–regulation.
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