The Lithuanian Constitution (1992) is described in the report as a typical revolutionary constitution, adopted after the collapse of a totalitarian regime. The Constitutional Court (CC) is a strong player both in terms of the protection of fundamental rights and as an arbitrator in political disputes. The report observes that due to their bitter historical struggle for statehood, Lithuanians have generally treated membership in the EU as a fundamental geopolitical choice. From this perspective, the Constitution is unique, as it wasin a self-standing constitutional actextensively opened to the EU, whilst another constitutional act prohibits joining any union based on the former USSR. The CC has held that the Constitution establishes a constitutional imperative of EU and NATO membership. By and large, no critical constitutional debates have arisen in relation to EU and transnational law. Some exceptions include an (unsuccessful) request to hold a referendum on the adoption of the euro on the ground that the nature of the EMU had been changed by the ESM Treaty due to the extensive financial liabilities it might entail. The report notes that these discussions were overshadowed by events in Ukraine and geopolitical security concerns. The report also observes a lack of real discussion both in academia and in the public discourse concerning various issues decided at the EU
The chapter addresses the main stages of evolution of the Lithuanian constitutionalism and the basic features of the 1992 Constitution currently in force. First, it describes the Middle Age origins of the Lithuanian Constitutionalism and its development between the two World Wars. Further, it describes the historic context of the re-establishment of Lithuania’s Independence on 11 March 1990 and adoption of the 1992 Constitution. Second, the chapter analyses the central role of the Constitutional Court of the Republic of Lithuania in ensuring the effectiveness of and developing the Constitution, the gradual shift of its approach to the interpretation of the Constitution. It addresses and describes the important horizontal impact of both the ECHR and EU law on the perception and further jurisprudential development of the 1992 Constitution. Third, it deals with the basic principles and structures of the 1992 Constitution. The basic constitutional principles, especially the rule of law and protection of fundamental rights, and their interaction is explained. Further, the constitutional organs of the Republic of Lithuania, their powers and mutual functioning are addressed. Finally, the Chapter deals with the question of constitutional identity. Both EU and national constitutional perspectives are analysed in the light of academic discourse and the jurisprudence of the Constitutional Court.
Straipsnyje Europos Sąjungos (ES) konstitucinės sutarties ir Lisabonos sutarties požiūriu analizuojami ES prigimties klausimai1. 2007 m. birželio 21–22 d. Europos Valdovų Taryba (EVT) priėmė išvadas, kuriose, be kita ko, nurodoma, jog Lisabonos sutartis nebus konstitucinio pobūdžio. Būtent šis teiginys yra pagrindinis straipsnio tyrimo pradžios taškas ir objektas. Atitinkamai straipsnyje analizuojama ES dabartis, t. y. siekiama atsakyti į klausimą, kiek egzistuojanti ES ir jos teisės sistema gali būti suvokiama kaip konstitucinė sistema, kiek ES kontekste pateisinamas konstitucinės kalbos vartojimas, ir ateitis, t. y. konstitucionalizmo požiūriu analizuojama ES konstitucinė sutartis ir Lisabonos sutartis. The article deals with issues of the nature of the EU from the point of view of the EU Constitutional Treaty and the Lisbon Treaty. The European Council has adopted conclusions in June 21–22, 2007 which state among the other things that the Lisbon Treaty will not have a constitutional character. Namely this statement is the main point of departure of the article and its main object of research. The article analyses the present of the EU aiming at providing the answer to the question, to what extent the currently existing EU may be treated as constitutional system, to what extent the use of constitutional language in the context of the EU is justified and the future of the EU under the Lisbon Treaty.
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