KONSTITUCINIO TEISMO IR EUROPOS ŽMOGAUS TEISIŲ TEISMO JURISPRUDENCIJOS DIALOGAS IR JO ĮTAKA KONSTITUCINĖS JURISPRUDENCIJOS RAIDAI

Abstract

This report analyses the jurisprudential dialogue between the Constitutional Court and the European Court of Human Rights (hereinafter referred to as the ECtHR) and its manifestation in the practice of adjudication of constitutional justice cases. By examining the constitutional justice cases decided by the Constitutional Court of the Republic of Lithuania in 2024-2025 where such dialogue was developed, insights are provided regarding the scope and intensity of the influence of this dialogue. The analysis has shown that this influence is both significant and sufficiently intense, as the ECtHR’s jurisprudence can be regarded as a catalyst for revealing new constitutional aspects of the rights of persons. The report also offers insights into the constitutional justice cases (mainly related to social and economic rights) where dialogue between the jurisprudences of the Constitutional Court and the ECtHR was not developed as part of the development of the official constitutional doctrine. Nonetheless, these cases, by relying on the prior case law of the Constitutional Court, also confirm that the constitutional jurisprudence remains enriched by the ECtHR’s jurisprudence. Therefore, the revealed jurisprudential aspects of the dialogue between the two Courts provide a solid foundation for the future development of the dialogue between the Constitutional Court and the ECtHR.
Keywords: Constitutional Court, European Court of Human Rights, jurisprudential dialogue, human rights