Recent significant developments in the Courts’ system of the Republic of Lithuania during the first quarter of 2011

The first quarter of 2011 brought quite a lot innovations and changes to Lithuanian courts’ system related to courts’ openness to society, development of services provided by courts, acceleration of examination of cases.

After changes of the Code of the Administrative offences of the Republic of Lithuania and of Law on Administrative proceeding came into force on the 1st of January 2011, cases of administrative offences are examined by the district and regional courts of general jurisdiction and no longer examined by the regional administrative courts. This was done in order to unify specific of courts activity. 

2011 in order to expedite the proceedings save time and financial resources and ensure safety of witnesses, the country’s courts by using video and audio equipment installed in the National Courts Administration started to organize remote hearings with courts in other countries (Norway and Spain). During the first half of this year were held 5 remote hearings were Lithuanian citizens – witnesses and suspects – were interviewed.

Amendments of the Law on Courts which came into force in the Ist quarter of 2011 improved mechanism of the esier transfer of judges from one court to another  and this contributed to the more efficientdivision of judges’ workload.

In order to make court process easier and comfortable for inhabitants and for courts, in the spring of 2011 documentation templates were published in the websites of National Courts Administration and courts.  Documents' templates prepared by professional lawyers are exemplary and only recommendatory, but not mandatory. Set of documents is intended to help individuals to prepare procedural documents used in civil and administrative proceedings and in legal procedure of administrative offences law.

In order to increase courts’ openness to the society at the beginning of this year has been started organization of press conferences after each meeting of the Judicial Council. In these press conferences are presented issues considered in the meetings of the Judicial Council, actualities of courts’ system. It should be noted that monthly meetings of the Judicial Council are open to public.

Since the 10th of May 2011 has been changed examination order of the candidates to the judicial office. From now on, exam to candidates to the judicial office consists of two parts: theoretical (test) and practical. Addressing the tasks of the exam participants can not use case law anymore, however they still can look into the Constitution of the Republic of Lithuania, codes, laws and other normative legal acts.

In order to increase internal court communication and exchange of practical experience, the employees of the Lithuanian courts’ system began to use internal network – Courts’ intranet. During the first half of 2011 to-date information has been published for judges and employees of courts, case law and highlighted events which took place in courts.  

This year the Judicial Council approved the establishment of the posts of psychologists in all regional courts and their participation in the interrogation of children. This was done in order to ensure the protection of minor’s rights and professional interrogation during the trail. Professional psychologists should start their work in courts on the 1st of January 2012. Furthermore starting from the next year July the 1st one more novelty is foreseen – gradually (up to 1st January 2013) written protocols will be completely abandoned. Court hearings will be audio recorded.

In 2011 many measures were taken in legislative and organizational fields regarding development of in-court and non-court mediation:

·         improved legislation regulating procedure of in-court mediation;

·         in January the Judicial Council approved the proposal, that in-court mediation services in civil procedure would be accessible  to individuals regardless the region of the country;

·         Courts, the National Courts Administration and the Ministry of Justice actively cooperated in matters of mediation: comments and suggestions were provided to the Ministry of Justice regarding draft amendment of the Law on mediation in Civil disputes, regarding changes of rules of Code of Civil procedure regulating conciliation procedure.

One of the most significant events that brought greater opportunities for the institutions of the self-governance of courts and to the whole judiciary of Lithuania to participate in international activities was the fact that in 2011 Lithuania was honoured to organize and host the General Assembly of the European Network of Councils for the Judiciary, where the members of the self-governance of courts from all over the Europe gathered together. Vilnius declaration on challenges and opportunities for the Judiciary in the current economic climate was adopted.