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"openness of the constitution to the international law and european union law"
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THIRTY YEARS OF THE INTERPRETATION OF THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA: DIRECTIONS AND THEIR DYNAMICS
by
Lina Beliūnienė
,
Danutė Jočienė
in
constitutional human rights and freedoms
,
democratic state functioning under the rule of law
,
official interpretation of the constitution
2023
Based on the presentation delivered by Danutė Jočienė in the international scientific conference on the occasion of the Day of the Constitution in 2022, this article analyses the official interpretation and application of the Constitution of the Republic of Lithuania during the 30 years of the functioning of the Constitutional Court of the Republic of Lithuania. The authors present the three most significant directions (areas) of the interpretative activities of the Court as well as some powerful examples from the official constitutional doctrine widely formed by the Constitutional Court. In this article, the three main directions (or areas) of the official constitutional doctrine are analysed. Firstly, the authors present the official constitutional doctrine reflecting the basis for the functioning of the State of Lithuania and society in general: the understanding of the Constitution as such, the principle of the supremacy of the Constitution, constitutional restrictions for the amendment of the Constitution, the content of the constitutional principles of democracy and rule of law, as well as the constitutional principle of separation of powers. The second direction presented is devoted to the official constitutional doctrine on the constitutional human rights protection system, and the third reflects the official interpretation of the Constitution in light of Lithuania’s international obligations. As regards the constitutional human rights protection system, the Constitutional Court has, among other things, noted that the Constitution is a majoritarian act which protects every individual. The Constitutional Court has clearly recognised in its official constitutional doctrine the natural character of the human rights acquired by every individual by the fact of birth. A lot of attention has been paid to the dignity of a person as a constitutional value. In the third area, the most important principle formed by the Constitutional Court during the years of its activities is the constitutional principle of the Openness of the Lithuanian Constitution to international law, including European Union law. Such a position developed by the Constitutional Court results in the clear legal obligation to the State of Lithuania to implement all international obligations, and reflects the way that the interpretation of the Constitution is being opened up and made friendly towards international and European Union law. The constitutional geopolitical orientation principle of the State of Lithuania, as developed by the Constitutional Court, is also presented and analysed. In this article, a lot of attention is paid to the powers of the Constitutional Court, granted to it under the Constitution, to officially interpret the Constitution and to form the official constitutional doctrine. Such a jurisprudential function of the Constitutional Court is presented in this article as a constant and systemic process which enables the Court to interpret the existing, pre-formed official constitutional doctrine more widely, adding to it new elements when there is an objective constitutional need and (or) legal arguments for such an evolutive interpretation of one or another constitutional provisions. At the same time, the idea of the Constitution as a living instrument (or the dynamic interpretation of the Constitution) is stressed. The authors come to the main conclusion that, in all three directions presented in this article, over the thirty years of its activities the Constitutional Court has formed a wide or mature official constitutional doctrine which will serve as a constitutional basis for the future activities of the Court, and which will remain as a legal basis for the further evolutive interpretation of the Constitution.
Journal Article
Multilevel cooperation of the European Constitutional Courts: Der Europäische Verfassungsgerichtsverbund
2010
Broad concept of constitutional jurisdiction – Triangle between Karlsruhe, Strasbourg and Luxembourg – European vocation of the German Constitutional Court and Basic Law – European Convention on Human Rights – Karlsruhe decisions can be reviewed in Strasbourg – Human rights-related constitutional court – European Court of Justice developed into constitutional court of the Union – Verbund between three courts – No simplistic hierarchy – Verbund techniques – Dialogue in Human Rights; Interplay in Integration – Federal Constitutional Court and European Court of Human Rights functionally comparable – Both Courts seek substantive coherence as Verbund technique – Federal Constitutional Court commits all German authorities to the Convention – Federal Constitutional Court and ECJ – Principle of openness to European Law – Sharing and assigning responsibilities in complex system – Solange, ultra vires and identity review – Responsibility for integration, due by Court and other German bodies – Federal Court contributes to common European Constitutional order – Europe-wide discursive struggle and ‘Lernverbund’
Journal Article
The Open Architecture of European Human Rights Law
2008
The evolution of the European human rights regime is often described as the development of an integrated order with the European Convention of Human Rights as its governing 'constitutional instrument'. It is argued that the regime is better regarded as pluralist - characterised by a heterarchical relationship between its constituent parts that is ultimately defined politically and not legally. The emergence and workings of this pluralist order are traced through the interaction of the European Court of Human Rights with domestic courts in the European Union. These cases not only show conflicts over questions of ultimate supremacy but also significant convergence and harmony in practice. The analysis of the factors leading to this convergence indicates that central characteristics of pluralism - incrementalism and the openness of ultimate authority - have contributed significantly to the generally smooth evolution of the European human rights regime. This suggests a broader appeal of pluralist models as alternatives to constitutionalism in the construction of postnational authority and law.
Journal Article