The Courts

The Lithuanian legal system is largely based on the legal traditions of continental Europe. The principal source of law in Lithuania is statutory enactments. The foundation of the legal system is embodied in the Constitution of the Republic of Lithuania adopted by referendum in 1992. In addition, certain branches of law are codified in particular codes (e.g. Civil Code, Civil Procedure Code, Criminal Code, Criminal Procedure Code, etc.).

Before becoming a member of the European Union, Lithuanian laws were approximated by acquis communautaire to those of the European Union according to the Europe Agreement of 12 June 1995 which established an association between the European Communities and their Member States and the Republic of Lithuania. Since 1 May 2004 Lithuania has become a Member State of the European Union and has accordingly also acknowledged the principles of supremacy and direct effect of EU law.

The following are considered to be sources of law in Lithuania:

The Constitution provides that international treaties of the Republic of Lithuania ratified by the Parliament of the Republic of Lithuania constitute part of the Lithuanian legal system. However, the Civil Code of the Republic of Lithuania (No VIII-1864 of 18 July 2000) and certain separate Lithuanian laws provide for the supremacy of all international treaties (both ratified and non-ratified) of the Republic of Lithuania over Lithuania’s national laws. However, problems arise with non-ratified international treaties and their position in the hierarchy of law in Lithuania as neither the Constitution nor the Law on International Treaties (No VIII-1248 of 22 June 1999) contains provisions solving this problem.

It should be noted that unwritten sources do not play any important role in the legal system of Lithuania.

The Government of the Republic of Lithuania and government institutions have the right to adopt legislation which is within the scope of their respective competences. Such acts and regulations must comply with superior legislation.

The Lithuanian courts are divided into two different systems: courts of general jurisdiction dealing with civil and criminal matters, and specialised administrative courts hearing administrative cases. Courts of general jurisdiction include regional (local) courts (54), district courts (5), the Court of Appeals of Lithuania and the Supreme Court of Lithuania. The administrative court system is comprised of district administrative courts (5) and the Highest Administrative Court of Lithuania. In hearing cases the courts are obliged to take into consideration the published decisions of the Supreme Court and the Highest Administrative Court.

The Constitutional Court of the Republic of Lithuania, as a separate independent judicial body, has the authority to ensure the supremacy of the Constitution within the legal system and constitutional justice by deciding whether the laws and other legal acts adopted by the Seimas are in conformity with the Constitution and whether the acts adopted by the President or the Government of the Republic of Lithuania are in compliance with the Constitution and the laws. The Constitutional Court decides constitutional issues of enacted laws and other legal acts (the posteriori control). The Constitutional Court examines a case only when the entities designated by the Constitution address the Constitutional Court with a petition and request to determine conformity of a law or other legal act with the Constitution.