Recent significant developments in the judicial field in Lithuania since June 2017

1.        From the January 1, 2018, the judicial re-mapping reform came into force. The number of district courts was reduced from 49 to 12, the number of regional administrative courts was reduced from 5 to 2 - instead the court houses are established. The relevant amendments to legislation also came into force. The administrative capacities were centralized during this reform. Nevertheless, the judges are appointed to the particular courthouses of the relevant courts and territorial jurisdiction rules are applied mutatis mutandis when distributing the cases between the courthouses. It should be pointed out, that the access to justice became more available – the document initiating the process may be submitted to every courthouse of the relevant court and afterwards is forwarded to the courthouse that is competent to hear the case. Also, while strengthening the self-governance of the courts, when they are constituted of the courthouses that are in different territorial areas, a new self-governance institution was established – the meeting of the judges of a court. The main tasks of the meeting are stipulated in Law on Courts:  to advise the president of the court on the administrative issues of the court (distribution of cases, etc.)

2.       The amendments in the procedural laws (civil, criminal, administrative, administrative offence) will provide a right for citizens seeking to inform society (e.g. journalists) or on the academic/research basis to make video records of the delivery of a judgement in courts from July 1, 2018.  These amendments proposed with the initiative of the Supreme Court of Lithuania, aim at strengthening the transparency and openness of the judiciary (GRECO , OECD also noted the positive effect of these initiatives).

3.       The new Labour Code came into force from July 1, 2017.  The Code sets for more flexible relations between employees and employers, setting basis for more dinamic work environment.

4.       On 14 March 2017 the Law XIII-217 amending certain articles of the Code of Criminal Procedure was adopted. It enters into force as of 1 July 2018. The Law foresees that any questioning of an underage minor (up to 14 years of age) victim or witness, as well as a child victim or witness of violent, sexual or similar crimes, during criminal proceedings shall be performed with assistance of a psychologist and with participation of child welfare agency specialists.

5.       On July 1, 2017 amendments aiming at improving the legal framework of civil procedure came into force. These contain the provisions improving the rules on defending public interest in civil proceedings; improving the rules on representation in civil proceedings; modifying the rules on court fees (in certain cases it is proposed to increase a court fee, in certain cases – to decrease it, aiming at proper balance); transferring the functions that are not intrinsic to the judiciary to other institutions; improving the rules on service of documents; improving the rules on arbitration; improving the rules on hearing public procurement cases; improving the rules on sanctions against the abuse of procedural rights; rules on issuing court decisions in absence of claimant or defendant; etc.

Laima Garneliene

Judge of the Court of Appeal of Lithuania