Ar tiesioginio asmens kreipimosi į Konstitucinį teismą galimybė - konstitucinių asmens teisių garantas?

Abstract

The Constitutional Court may be considered as institution protecting human rights, but differently from the valid practice in some other states where people can directly appeal to the Constitutional Court (CC) and in this way effectively defend their violated rights and freedoms, the possibility of direct individual access to the CC has not been fixed in Lithuania. The discussions on this question are becoming more active in Lithuania, however, concrete actions on this issue have not been undertaken yet. The article starts from the evaluation of the advantages of the direct access (constitutional complaint) to the CC in comparative perspective, covering such countries as Poland, Latvia, Russia, Germany, etc. Then some issues related to the situation in Lithuania (where there is no fixed individual direct access institute to the CC) are analysed, i.e.: the judges of general competence or specialized courts must know the constitutional law as well, as the CC judges do, because they have to decide about the constitutionality of the law act; if a person supposing, that a concrete law or judicial act contradicts the Constitution and in this way violates his/her rights and freedoms, wants to go to court only on this basis, he/she cannot provide a complaint or bill to a law only as a reasoned application to plead to the Constitutional Court, he/she has to indicate other “invented“ requirements or requests which can be judged by the court according to its competence; person who raises a question concerning inadequacy of the act and law to the Constitution in the court of general competence, does not take part in the Constitutional Court, he/she has no procedural rights.[...].