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New constitutional amendments allow individuals to apply to the Constitutional Court

Press release, 26 March 2019

 

The Seimas has adopted amendments to the Constitution (draft No XIII-2159(2)) to provide for the individual constitutional complaint. This will make it possible for individuals to refer their matters to the Constitutional Court. A total of 106 MPs voted in favour of the amendments, with one against and one abstention.

 

As a result of the constitutional amendments to be enforced as from 1 September 2019, all individuals will have the right to apply to the Constitutional Court with regard to a law or any other legislative act of the Seimas, the President of the Republic of Lithuania, or the Government, where decisions taken on the basis thereof lead to violation of constitutional rights and freedoms. Access to this option as the measure of last resort will be available to individuals after all other means of legal defence will have been exhausted.

 

Rulings on unconstitutionality of legislation, made by the Constitutional Court on the basis of an individual petition claiming that the law of the Republic of Lithuania (or part of it), any other legislative act of the Seimas (or part of it), legal act of the President of the Republic, or the Government (or part of it) are unconstitutional, will provide the grounds for resuming the court proceedings on the violation of constitutional rights and freedoms of the individual in question, as laid down by law.

 

The Constitution now stipulates that only the Seimas, a group of members of the Seimas, the President of the Republic, the Government, and the courts can refer to the Constitutional Court for checking compliance of legislation with the Constitution.

 

Rimas Rudaitis, Chief Specialist, Press Office, Information and Communication Department,

tel. +370 5 239 6132, e-mail: [email protected]