JUDICIAL CONTROL FOR JUDGEMENTS DURING THE INTERWAR (1918-1940)
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Abstract
The principle of independence of the judicial system in general was developed only in the 19th century in the Western European legal tradition. It gave rise to the creation of a specific internal judicial control based judicial control mechanism for judgements, which we find today in the doctrine of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and which is derived from the provision that judicial proceedings must ensure equal opportunities for all.
At the beginning of the 20th century, when Lithuania was forming the state, the creators of national legal system relatively moderately accepted the laws of civil and criminal proceedings of the Russian Empire.
However, the inherited judicial system was not considered suitable. In November 1918, a decision to create an authentic, but essentially German-based, 3-tier system, was made in a hurry. A very simple binary instance model was created, and the function of judicial decision control was built into the interaction between the first and second instance.
The criminal procedure has established the procedure based on the German example, specifying that all decisions declared by the first instance are not final and may be appealed by both parties to the proceedings on all aspects of the case that concern them. Meanwhile, the Lithuanian civil process has employed a French origin model of unlimited appeal.
Looking at these trends, one has to agree with the deserved classification of the court of first-instance as the “testing grounds”, as the parties to the dispute hope to get to the objective truth in the court of the second-instance.
In spite of the urging by some legal scholars for a radical change in the judicial control model, and thus the solution for the problems of the court workload and lengthy proceedings, the fundamental principles of judicial decision control have remained unchanged.
The authentic national judicial system that was practically born together with the state, was originally created with three tiers and two instances, was reconstructed in 1933 by establishing a four tier and three instance judicial system operating in Lithuania to this day.
Meanwhile, the internal control of court decisions has not changed fundamentally in terms of civil and criminal proceedings since its very introduction into the national judicial system.
Despite the flaws of the chosen court decision control model, especially the model of unlimited appeal in civil proceedings, the flaws that affected the length of proceedings and the workload of the courts, this model also was not changed when Lithuania regained its independence and until the very end of the nineties.
At the beginning of the 20th century, when Lithuania was forming the state, the creators of national legal system relatively moderately accepted the laws of civil and criminal proceedings of the Russian Empire.
However, the inherited judicial system was not considered suitable. In November 1918, a decision to create an authentic, but essentially German-based, 3-tier system, was made in a hurry. A very simple binary instance model was created, and the function of judicial decision control was built into the interaction between the first and second instance.
The criminal procedure has established the procedure based on the German example, specifying that all decisions declared by the first instance are not final and may be appealed by both parties to the proceedings on all aspects of the case that concern them. Meanwhile, the Lithuanian civil process has employed a French origin model of unlimited appeal.
Looking at these trends, one has to agree with the deserved classification of the court of first-instance as the “testing grounds”, as the parties to the dispute hope to get to the objective truth in the court of the second-instance.
In spite of the urging by some legal scholars for a radical change in the judicial control model, and thus the solution for the problems of the court workload and lengthy proceedings, the fundamental principles of judicial decision control have remained unchanged.
The authentic national judicial system that was practically born together with the state, was originally created with three tiers and two instances, was reconstructed in 1933 by establishing a four tier and three instance judicial system operating in Lithuania to this day.
Meanwhile, the internal control of court decisions has not changed fundamentally in terms of civil and criminal proceedings since its very introduction into the national judicial system.
Despite the flaws of the chosen court decision control model, especially the model of unlimited appeal in civil proceedings, the flaws that affected the length of proceedings and the workload of the courts, this model also was not changed when Lithuania regained its independence and until the very end of the nineties.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
