THE PREPARATION OF THE 1933 JUDICIARY REFORM IN LITHUANIA
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Abstract
Based on archival documentary materials and current information sources as supplemented by various opinions of scientists and practitioniers, this article investigates the efforts of the government to implement the 1933 judiciary reform.
The Temporary Law on Lithuanian Courts and the Order of their Work of 1918 had been criticised even at the moment it was enacted by its creators. However, in real life it had proven sufficiently robust and acceptable to the masses. There was no rush to revise it, while attempts were made to soften the emerging deficiencies of court system procedures by making separate amendments to existing legislation. The judiciary system was marginally improved based on needs and circumstances as they arose. Only certain isolated areas relating to organisational procedures were affected by those changes. However, this proved insufficient in the long run.
The coming reform meant a great deal of work involving legislative creation that required a decade of efforts from many specialists and people in the government.
The first solid draft of the Law on Order of the Courts was completed in 1924. The creators of the draft identified the supplementation of the existing three-tier general purposecourt system with two new tiers as the most important change in a bid to balance workloads between courts. The draft reached the Seimas, but was subsequently retracted by the government for further improvements.
Several successive governments with different political views, representing different political parties that existed at the time, demonstrated various levels of care for the reform. Alongside those changes in power, several different versions were proposed for the coming legislation.
Upon establishment of the State Council in 1928, preparation of the relevant legislation was handed over to it. With the approval of the Cabinet of Ministers, the president of the Republic enacted the draft as a law on 11 July 1933.
The courts of Lithuania managed to become a reliable, qualified and moral constitutional establishment during the time of independence.
The Temporary Law on Lithuanian Courts and the Order of their Work of 1918 had been criticised even at the moment it was enacted by its creators. However, in real life it had proven sufficiently robust and acceptable to the masses. There was no rush to revise it, while attempts were made to soften the emerging deficiencies of court system procedures by making separate amendments to existing legislation. The judiciary system was marginally improved based on needs and circumstances as they arose. Only certain isolated areas relating to organisational procedures were affected by those changes. However, this proved insufficient in the long run.
The coming reform meant a great deal of work involving legislative creation that required a decade of efforts from many specialists and people in the government.
The first solid draft of the Law on Order of the Courts was completed in 1924. The creators of the draft identified the supplementation of the existing three-tier general purposecourt system with two new tiers as the most important change in a bid to balance workloads between courts. The draft reached the Seimas, but was subsequently retracted by the government for further improvements.
Several successive governments with different political views, representing different political parties that existed at the time, demonstrated various levels of care for the reform. Alongside those changes in power, several different versions were proposed for the coming legislation.
Upon establishment of the State Council in 1928, preparation of the relevant legislation was handed over to it. With the approval of the Cabinet of Ministers, the president of the Republic enacted the draft as a law on 11 July 1933.
The courts of Lithuania managed to become a reliable, qualified and moral constitutional establishment during the time of independence.
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Please see Copyright and Licence Agreement for further details.
