CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA The Constitution of the Republic of Lithuania, adopted by the 25 October 1992 referendum, stipulates that constitutional control in Lithuania is carried out by the Constitutional Court. The Constitutional Court was established by the Law on the Constitutional Court, which was adopted by the Seimas (Parliament) on 3 February 1993. In February–March 1993, in implementing the Constitution and this law, the Seimas appointed all justices of the Constitutional Court. On 23 March 1993, Juozas Žilys was appointed the President of the Constitutional Court and the Constitutional Court informed the public and the institutions of state power and governance that, as from 2 August 1993, it would begin the official registration of petitions for investigation into the compliance of legal acts with the Constitution.
FUNCTIONS AND POWERS The Constitutional Court ensures the supremacy of the Constitution within the legal system and constitutional justice by deciding whether laws and other legal acts adopted by the Seimas are in conformity with the Constitution, and whether acts adopted by the President of the Republic or the Government are in compliance with the Constitution and laws. The Constitutional Court decides issues related to the constitutionality of enacted laws and other legal acts (a posteriori control). The Constitutional Court does not perform any preliminary judicial review of laws. The Constitutional Court examines a case after the subjects specified by the Constitution (the Seimas, groups consisting of at least 1/5 of all the members of the Seimas, the President of the Republic, the Government, courts) address the Constitutional Court with a petition for the determination of the conformity of a law or legal act with the Constitution. The Constitutional Court gives rulings on these issues. The decisions of the Constitutional Court on the issues assigned to its competence by the Constitution are final and not subject to appeal. The rulings of the Constitutional Court have the force of a law and are binding on all institutions of authority, courts, all enterprises, establishments, organisations, officials, and citizens (erga omnes). Under the Constitution, a law of the Republic of Lithuania or another act of the Seimas, an act of the President of the Republic, or an act of the Government may not be applied from the day of the official publication of the decision of the Constitutional Court that the act in question (or part thereof) is in conflict with the Constitution (ex nunc). The force of a ruling of the Constitutional Court recognising a legal act unconstitutional may not be overcome by the repeated enactment of an equivalent legal act. The Constitutional Court also has the powers to give conclusions on: (1) whether election laws were violated during the elections of the President of the Republic or the elections of the members of the Seimas; (2) whether the state of health of the President of the Republic allows him/her to continue to hold office; (3) whether the international treaties of the Republic of Lithuania are in conflict with the Constitution; and (4) whether the concrete actions of the members of the Seimas and state officials against whom an impeachment case has been instituted are in conflict with the Constitution.
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JUSTICES The Constitutional Court consists of nine justices appointed for a nine-year non-renewable term of oďŹƒce. Every three years, one-third of the Constitutional Court is reconstituted. The Seimas appoints an equal number of justices to the Constitutional Court from the candidates nominated by the President of the Republic, the Speaker of the Seimas, and the President of the Supreme Court. The Seimas appoints the President of the Constitutional Court from among its justices upon submission by the President of the Republic. As in other democratic states governed by the rule of law, certain guarantees and limitations related to work and political activity apply to the justices of the Constitutional Court so that they could perform their functions.
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DAINIUS ŽALIMAS President Dainius Žalimas was born in 1973 in Vilnius. In January–August 1991, he took part in the defence of the Supreme Council and the independence of the Republic of Lithuania against the Soviet aggression. In 1996, he graduated from the Faculty of Law of Vilnius University. In 2001, he defended his PhD thesis at Vilnius University. From 1998 until 2011, Dainius Žalimas was a legal adviser to the Minister of National Defence. In 2005–2011, he was a member of the Permanent Court of Arbitration. Since 2011, Dainius Žalimas has been a professor of international and EU law at the Faculty of Law of Vilnius University. He is an author of several books and numerous articles dealing with the issues of public international law and constitutional law. In March 2011, Dainius Žalimas was appointed a justice of the Constitutional Court. On 11 July 2014, the Seimas of the Republic of Lithuania appointed him the President of the Constitutional Court of the Republic of Lithuania. In October 2016, Nicolae Timofti, President of the Republic of Moldova, conferred the “Order of Honour” on Dainius Žalimas for substantial contribution to the development and strengthening of inter-department cooperation in the field of constitutional law between the Republic of Lithuania and the Republic of Moldova.
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ELVYRA BALTUTYTĖ Justice Elvyra Baltutytė was born in 1954 in the Šilutė district. In 1977, she graduated cum laude from the Faculty of Law of Vilnius University. In 1995–2003, Elvyra Baltutytė was a legal consultant of the Lithuanian Centre for Human Rights; in 2003–2005, she held the position of an Ombudsman of the Seimas of the Republic of Lithuania. In 2005–2014, Elvyra Baltutytė was the representative of the Government of the Republic of Lithuania at the European Court of Human Rights. In 1998–2012, she was a lecturer at the Department of International and European Union Law of the Faculty of Law of Mykolas Romeris University. Elvyra Baltutytė is an author of several articles published in various legal publications and a co-author of several monographs and teaching aids. In March 2014, Elvyra Baltutytė was appointed a justice of the Constitutional Court.
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DANUTĖ JOČIENĖ Justice Danutė Jočienė was born in 1970 in the Mažeikiai district. In 1994, she graduated cum laude from the Faculty of Law of Vilnius University. In 1999, Danutė Jočienė defended her PhD thesis at Vilnius University. In 2003–2004, she was the representative of the Government of the Republic of Lithuania at the European Court of Human Rights and the Human Rights Committee of the United Nations. In 2004–2013, Danutė Jočienė was a judge of the European Court of Human Rights; in 2011–2013, she held the position of the Vice-President of Section II of the European Court of Human Rights. Danutė Jočienė is an author of several books and numerous articles dealing with the issues of human rights. She is an associate professor at Mykolas Romeris University and holds a PhD in law. In March 2014, Danutė Jočienė was appointed a justice of the Constitutional Court.
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GINTARAS GODA Justice Gintaras Goda was born in 1965 in the Švenčionys district. In 1990, he graduated from the Faculty of Law of Vilnius University. In 1990–1991, he studied at Johann Wolfgang Goethe University (Frankfurt am Main, Germany) and obtained his Master’s degree in law. In 1995, he defended his PhD thesis at Vilnius University. In 2002–2005, Gintaras Goda was a judge of the Supreme Administrative Court of Lithuania and, since July 2005, he held the office of a judge of the Supreme Court of Lithuania. Gintaras Goda was engaged in drafting laws and was a member of the working group for preparing the Code of Criminal Procedure. He is the author of a scientific monograph and an author (co-author) of several textbooks, other books, and numerous scientific articles on issues relating to criminal procedural law. Gintaras Goda is an associate professor at Vilnius University and holds a PhD in law. In March 2017, Gintaras Goda was appointed a justice of the Constitutional Court.
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VYTAUTAS GREIČIUS Justice Vytautas Greičius was born in 1949 in the Tauragė district. In 1975, he graduated from the Faculty of Law of Vilnius University. In 1976–1990, he was a judge at the Ukmergė Local Court. In 1990–2014, Vytautas Greičius was a judge at the Criminal Division of the Supreme Court of Lithuania; in 1995–1998, he held the position of the Chairperson of the Criminal Division and, in 1998–2009, he was the President of the Supreme Court of Lithuania. Vytautas Greičius was a member of the working groups for the preparation of a draft Criminal Code, a draft Code of Criminal Procedure, a draft Law on Courts, and other draft legislation. Vytautas Greičius has published several articles on the issues of the application of law and the activities of courts, and has written reviews about academic works. In March 2014, Vytautas Greičius was appointed a justice of the Constitutional Court.
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GEDIMINAS MESONIS Justice Gediminas Mesonis was born in 1968 in Vilnius. In 1991, he graduated from the Faculty of Physics of Vilnius Pedagogical Institute (single-stage studies). In 1998, he obtained his Master’s degree in law. In 2000, he carried out academic activities in Philadelphia (USA) within the Fulbright Program. In 2000, he defended his PhD thesis in law. In 2002–2004, Gediminas Mesonis was the Director of the Centre for Studies of the Law University of Lithuania (at present Mykolas Romeris University). In 2007–2011, Gediminas Mesonis was the Head of the Department of Constitutional Law of Mykolas Romeris University. He is a professor at Mykolas Romeris University. Since 2014, Gediminas Mesonis has been serving as an individual member of the European Commission for Democracy through Law (Venice Commission) delegated by the Republic of Lithuania. He has written several books and a number of articles on constitutional law. In March 2011, Gediminas Mesonis was appointed a justice of the Constitutional Court.
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DAIVA PETRYLAITĖ Justice Daiva Petrylaitė was born in 1977 in Raseiniai. In 2000, she graduated from the Faculty of Law of Vilnius University. In 2005, Daiva Petrylaitė defended her PhD thesis. Daiva Petrylaitė is an author (co-author) of numerous scientific monographs, textbooks, and scientific articles on issues relating to labour law, social partnership, and public service. She is a professor at Vilnius University and holds a PhD in law. In March 2017, Daiva Petrylaitė was appointed a justice of the Constitutional Court.
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VYTAS MILIUS Justice Vytas Milius was born in 1949 in the Varėna district. In 1977, he graduated from the Faculty of Law of Vilnius University. In 1980–1990, Vytas Milius worked as a judge of the Šilutė District Local Court and as the President of this court. In 1990–1992, he was a judge of the Supreme Court of Lithuania. In 1992–1994, he held the office of the President of the Druskininkai City Local Court. In 1995–2010, Vytas Milius was the President of the Court of Appeal of Lithuania; in 2010–2013, he held the position of a judge of this court. In December 2013, Vytas Milius was appointed a justice of the Constitutional Court.
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JANINA STRIPEIKIENĖ Justice Janina Stripeikienė was born in 1955 in the Kelmė district. In 1978, she graduated from the Faculty of Law of Vilnius University. In 1980–1990, she worked as a judge at a local court. In 1990–1994 and 1999–2017, Janina Stripeikienė was a judge of the Supreme Court of Lithuania; in 2007–2012, she held the position of the Chairperson of the Civil Division of this court. In 1995–1999, Janina Stripeikienė was a judge of the Court of Appeal of Lithuania. She is an author (co-author) of textbooks and scientific articles on issues related to family, the organisation of courts, civil procedure, etc. In March 2017, Janina Stripeikienė was appointed a justice of the Constitutional Court.
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STATUS SYMBOLS OF JUSTICES During judicial hearings, the justices of the Constitutional Court wear gowns with the insignia of a justice of the Constitutional Court.
Justices of the Constitutional Court of the Republic of Lithuania Sitting left to right: Vytas Milius, Elvyra Baltutytė, Dainius Žalimas (President), Daiva Petrylaitė, Vytautas Greičius. Standing left to right: Gediminas Mesonis, Janina Stripeikienė, Danutė Jočienė, Gintaras Goda.
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INTERNATIONAL COOPERATION Since its very establishment in 1993, the Constitutional Court has been developing cooperation with constitutional courts of other states, international organisations, and international courts. It is an active member of the international community. The Constitutional Court of the Republic of Lithuania is a full member of two international organisations uniting institutions of constitutional justice – the World Conference on Constitutional Justice (WCCJ) and the Conference of European Constitutional Courts (CECC). It also maintains close cooperative ties with the Commission of the Council of Europe for Democracy through Law (Venice Commission). The Constitutional Court of the Republic of Lithuania held the chairmanship of the Conference of European Constitutional Courts from 2005 until 2008. In 2017, when Lithuania commemorates the 25th anniversary of the Constitution, the Constitutional Court has the great honour of hosting the 4th Congress of the WCCJ while being the first in Europe to do so. The topic of the 4th Congress of the WCCJ is “The Rule of Law and Constitutional Justice in the Modern World”.
The logo of the World Conference on Constitutional Justice
The logo of the 4 th Congress of the WCCJ
In its international cooperation over the last few years, the Constitutional Court gave priority to cooperation with the constitutional courts of the Eastern Partnership countries of the European Union. In order to bring this cooperation to a higher level, the Association of Constitutional Justice of the Countries of the Baltic and Black Sea Regions was established. The Constitutional Court has longstanding ties with the constitutional justice institutions of neighbouring states – the Constitutional Tribunal of the Republic of Poland and the Constitutional Court of the Republic of Latvia.
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The logo of the Association of Constitutional Justice of the Countries of the Baltic and Black Sea Regions
ADMINISTRATIVE OFFICE OF THE CONSTITUTIONAL COURT The Constitutional Court has an administrative office (referred to as the Apparatus of the Constitutional Court in the Law on the Constitutional Court), whose activity is aimed at creating the conditions for the Constitutional Court to exercise its powers provided for in the Constitution and the Law on the Constitutional Court. For this purpose, the administrative office of the Constitutional Court performs the assignments of the justices in relation to the implementation of their functions, renders organisational assistance to the justices, develops international relations, and ensures the provision of clerical, informational, economic, financial, and technical services at the Constitutional Court. The administrative office of the Constitutional Court is headed by the Chancellor (Secretary General), who organises the work of the administrative office of the Constitutional Court, as well as coordinates and controls the activity of its structural units. The administrative office of the Constitutional Court is composed of advisers to the President of the Constitutional Court, other state servants directly subordinate either to the President or the Chancellor, assistants to justices, as well as five structural units.
ORGANISATIONAL CHART OF THE CONSTITUTIONAL COURT President Justices Chancellor (Secretary General) Advisers to the President Chief Adviser
Division of Legal Research
Assistants to Justices
Division of Administration and Protocol
Assistant to the President Chief specialists
Division of Information and Technologies
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Division of Finances and Strategic Planning
Division of Logistics
Justices and sta members of the Constitutional Court in March 2017
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SEAT OF THE CONSTITUTIONAL COURT The building where the seat of the Constitutional Court is located was designed by architect Zygmunt Tarasin for the Chamber of Commerce and Industry and was built in 1931. During the Second World War, in 1941–1944, it was used by the military commandant’s headquarters. During the Soviet occupation in 1944–1990, the Vilnius City Committee of the Lithuanian Communist Party was based in the building. After the restoration of independence, following the Republic of Lithuania’s Law of 22 August 1991 on the Seizure of the Property of the Lithuanian Communist Party (Communist Party of the Soviet Union), the building was subject to inventory and was transferred into the ownership of the Republic of Lithuania. By the resolution of the Seimas of 22 April 1993, the premises were allocated to the Constitutional Court. The building was restructured, renewed, and adapted for the work of the Constitutional Court.
CONTACTS Gedimino pr. 36 LT-01104 Vilnius, Lithuania Tel. +370 5 261 1466 Email court@lrkt.lt
WEBSITE INFORMATION The website is available in English at http://www.lrkt.lt/en/.
MUSEUM The museum of the Constitutional Court was established in 2017. Its exposition includes historical documents, photographs of major events, souvenirs received from guests, and other exhibits related to the activity of the Constitutional Court.
Photos by Ramūnas Danisevičius, Judita Grigelytė, and Dainius Stankus Designed by Neringa Sviščiauskaitė Printed by the publishing office Baltijos kopija UAB
Ⓒ Constitutional Court of the Republic of Lithuania, 2017 ISBN 978-9955-688-35-8 (print) ISBN 978-9955-688-34-1 (online)