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Selected Official Constitutional Doctrine

Content updated: 07-06-2021 14:51

 SELECTED OFFICIAL CONSTITUTIONAL DOCTRINE (1993–2020)

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1. THE FOUNDATIONS OF THE CONSTITUTIONAL ORDER 

1.1. THE FUNDAMENTAL PRINCIPLES OF THE STATE OF LITHUANIA: NATIONAL INDEPENDENCE, THE SOVEREIGNTY OF THE NATION, DEMOCRACY, AND THE REPUBLIC AS THE FORM OF GOVERNMENT

1.1.1. The fundamental principles of the State of Lithuania
1.1.2. The sovereignty of the Nation
1.1.3. Democracy
1.1.4. The form of government of the state

1.2. THE TERRITORIAL INTEGRITY OF THE STATE
1.3. AN OPEN, JUST, AND HARMONIOUS CIVIL SOCIETY AND A STATE UNDER THE RULE OF LAW
1.4. THE SUPREMACY OF THE CONSTITUTION
1.5. THE SEPARATION OF POWERS
1.6. THE SCOPE OF POWERS LIMITED BY THE CONSTITUTION
1.7. LITHUANIAN AS THE STATE LANGUAGE
1.8. THE FOUNDATIONS OF LAWMAKING AND OF THE APPLICATION OF LAW

1.8.1. General provisions
1.8.2. The interpretation of law
1.8.3. Legal gaps
1.8.4. The hierarchy of legal acts

1.8.4.1. General provisions
1.8.4.2. The Constitution
     1.8.4.2.1. The supremacy of the Constitution
     1.8.4.2.2. The integrity, direct application, and interpretation of the Constitution
     1.8.4.2.3. The constituent part of the Constitution
     1.8.4.2.4. Amendments to the Constitution and the stability of the Constitution   
1.8.4.3. International and EU law
1.8.4.4. Constitutional laws
1.8.4.5. Laws
    
1.8.4.6. Substatutory legal acts


 2. THE CONSTITUTIONAL STATUS OF PERSONS

2.1. GENERAL PROVISIONS

2.1.1. The concept and protection of innate human rights and freedoms
2.1.2. The principle of the equality (of the rights) of persons
2.1.3. Limitations on the rights and freedoms of persons
2.1.4. The constitutional duties of persons
2.1.5. The guarantees of the rights of persons

2.1.5.1. General provisions
2.1.5.2. The right to fair proceedings

     2.1.5.2.1. The right of access to a court
     2.1.5.2.2. The right to a fair trial

     2.1.5.2.3. The right to defence and the right to an advocate

2.1.5.3. The constitutional principle of compensation for damage

2.2. CIVIL (INDIVIDUAL) RIGHTS AND FREEDOMS

2.2.1. The right to life
2.2.2. Human dignity and the inviolability of the human person
2.2.3. The inviolability of human liberty
2.2.4. The inviolability of private life
2.2.5. The right of ownership

2.2.5.1. The protection of the right of ownership
2.2.5.2. Restitution
2.2.5.3. Special objects of the right of ownership

2.2.6. The inviolability of the home of a human being
2.2.7. The freedom to express convictions and freedom of information

2.2.7.1. The protection of the freedom to express convictions and freedom of information
2.2.7.2. Freedom of the media
2.2.7.3. Freedom of advertising

2.2.8. Freedom of thought, conscience, and religion

2.2.8.1. The protection of freedom of thought, conscience, and religion
2.2.8.2. Relations between the state and churches and other religious organisations. The secularity of state and municipal educational establishments

2.2.9. Freedom of movement
2.2.10. Freedom of association
2.2.11. Freedom of assembly

2.3. POLITICAL RIGHTS AND FREEDOMS

2.3.1. The right of citizens to participate in the governance of their state
2.3.2. The right to a referendum
2.3.3. The electoral rights
2.3.4. The right to enter state service
2.3.5. The right to criticise the work of state institutions or their officials and to appeal against their decisions
2.3.6. The right of petition
2.3.7. The right to form political parties

2.4. ECONOMIC, SOCIAL, AND CULTURAL RIGHTS

2.4.1. Economic rights

2.4.1.1. Freedom of economic activity and economic initiative
2.4.1.2. The right to work
     2.4.1.2.1. The right to freely choose an occupation or business
     2.4.1.2.2. Professional competence requirements
     2.4.1.2.3. The right to have proper, safe, and healthy conditions at work
     2.4.1.2.4. The right to receive fair pay for work
     2.4.1.2.5. The right to social security in the event of unemployment
     2.4.1.2.6. Priverčiamojo darbo draudimas
     2.4.1.2.7. The right to rest and leisure, as well as to annual paid leave
     2.4.1.2.8. Trade unions

2.4.2. Social rights

2.4.2.1. The right to social security
2.4.2.2. The right to healthcare
2.4.2.3. The right to a healthy environment
2.4.2.4. The duty of the state to ensure the protection of family, motherhood, fatherhood, and childhood

2.4.3. Cultural rights

2.4.3.1. The right to education
     2.4.3.1.1. General provisions
     2.4.3.1.2. The right to seek higher education
2.4.3.2. Freedom of culture, science, research, and teaching
2.4.3.3. The cultural rights of citizens belonging to ethnic communities

2.5. CITIZENSHIP


3. LEGAL RESPONSIBILITY

3.1. GENERAL PROVISIONS
3.2. CRIMINAL PROCEEDINGS


4. THE STATE AND ITS INSTITUTIONS

4.1. THE CONCEPT AND MISSION OF THE STATE
4.2. STATE INSTITUTIONS
4.3. STATE SERVICE
4.4. THE RESPONSIBILITY OF THE AUTHORITIES TO SOCIETY. THE CONSTITUTIONAL RESPONSIBILITY OF THE HIGHEST RANKING STATE OFFICIALS
4.5. STATE AWARDS


5. THE SEIMAS

5.1. THE SEIMAS AS THE REPRESENTATION OF THE NATION
5.2. THE FUNCTIONS AND POWERS OF THE SEIMAS

5.2.1. General provisions
5.2.2. Legislation
5.2.3.The budgetary function
5.2.4. Parliamentary control
5.2.5. The establishment of institutions and the appointment of officials
5.2.6. Other powers
5.2.7. Impeachment proceedings

5.3. THE CONSTITUTIONAL STATUS OF A MEMBER OF THE SEIMAS
5.4. THE STRUCTURE OF THE SEIMAS
5.5. THE PROCEDURE OF ACTIVITIES OF THE SEIMAS

5.5.1. General provisions
5.5.2. The legislation process
5.5.3. Other legal acts passed by the Seimas


6. THE PRESIDENT OF THE REPUBLIC

6.1. THE CONSTITUTIONAL STATUS OF THE PRESIDENT OF THE REPUBLIC
6.2. THE POWERS OF THE PRESIDENT OF THE REPUBLIC
6.3. THE LEGAL ACTS OF THE PRESIDENT OF THE REPUBLIC


7. THE GOVERNMENT

7.1. THE CONSTITUTIONAL STATUS OF THE GOVERNMENT
7.2. THE FORMATION OF THE GOVERNMENT. THE RETURN OF POWERS. RESIGNATION
7.3. THE POWERS OF THE GOVERNMENT
7.4. THE ORGANISATIONAL FORM OF THE ACTIVITY OF THE GOVERNMENT AND LEGAL ACTS ADOPTED BY IT
7.5. THE MEMBERS OF THE GOVERNMENT. MINISTRIES 


8. THE CONSTITUTIONAL COURT

8.1. THE CONSTITUTIONAL COURT AS THE INSTITUTION OF CONSTITUTIONAL JUSTICE
8.2. THE CONSTITUTIONAL STATUS OF THE JUSTICES OF THE CONSTITUTIONAL COURT
8.3. THE POWERS OF THE CONSTITUTIONAL COURT

8.3.1. The powers of the Constitutional Court to exercise control over the constitutionality of legal acts
8.3.2. The powers of the Constitutional Court to present conclusions
8.3.3. The powers of the Constitutional Court to officially interpret the Constitution; the continuity of the jurisprudence of the Constitutional Court; and the development and reinterpretation (modification) of the official constitutional doctrine
8.3.4. The limits of the jurisdiction of the Constitutional Court

8.3.4.1. The powers of the Constitutional Court to investigate the constitutionality of legal gaps
8.3.4.2.
The powers of the Constitutional Court to investigate the constitutionality of invalid legal acts

8.4. THE GROUNDS FOR LEGAL PROCEEDINGS AT THE CONSTITUTIONAL COURT

8.4.1. Subjects that have the powers to apply to the Constitutional Court and requirements for petitions
8.4.2. Issues that do not fall under the jurisdiction of the Constitutional Court and other grounds for refusing the consideration of petitions

8.5. ACTS PASSED BY THE CONSTITUTIONAL COURT

8.5.1. The concept and types of final acts passed by the Constitutional Court
8.5.2. The legal force of acts passed by the Constitutional Court
8.5.3. The publication of acts passed by the Constitutional Court
8.5.4. The interpretation of acts passed by the Constitutional Court
8.5.5. The review of acts passed by the Constitutional Court


9. COURTS. THE PROSECUTION SERVICE

9.1. COURTS

9.1.1. The constitutional mission of the judiciary
9.1.2. The systems of courts
9.1.3. The independence of judges and courts and the guarantees of their independence
9.1.4. The constitutional status of judges. The appointment of judges, their professional career, and their release from duties. The judicial self- governance institutions
9.1.5. The powers of courts related to the administration of justice
9.1.6. Court proceedings and court decisions

9.2. THE PROSECUTION SERVICE


10. LOCAL SELF-GOVERNMENT AND GOVERNANCE

10.1. STATE GOVERNANCE AND LOCAL SELF-GOVERNMENT AS TWO SYSTEMS OF PUBLIC POWER
10.2. LOCAL SELF-GOVERNMENT
10.3. LOCAL GOVERNANCE


11. THE STATE BUDGET AND FINANCES

11.1. THE STATE BUDGET. THE PROPERTY LIABILITIES OF THE STATE. TAXES
11.2. THE POSSESSION, USE, AND DISPOSAL OF STATE-OWNED PROPERTY. PROPERTY THAT BELONGS BY RIGHT OF EXCLUSIVE OWNERSHIP TO THE REPUBLIC OF LITHUANIA
11.3. THE BANK OF LITHUANIA


12. THE NATIONAL AUDIT OFFICE


13. FOREIGN POLICY AND NATIONAL DEFENCE

13.1. FOREIGN POLICY
13.2. NATIONAL DEFENCE