RECENT SIGNIFICANT DEVELOPMENTS IN THE JUSTICE FIELD IN LITHUANIA SINCE DECEMBER 2018

Mediation in Administrative Disputes

On 1 March 2019, the Law Amending Articles 2, 40, 44, 51, 56, 59, 67 and 71 of the Law on Administrative Proceedings of the Republic of Lithuania No VIII-1029 and Supplementing the Law with Article 79-1 came into force. The Law has established judicial mediation in administrative disputes. Judicial mediation is conducted only by judges entered in the list of mediators of the Republic of Lithuania. (This list has been administered by the State Guaranteed Legal Aid Service since 1 January 2019. Data about the judges who have been granted the status of a mediator are provided to the Service by the National Courts Administration, which provides services to the Judicial Mediation Commission of the Judicial Council).

The institute of mediation has been introduced in administrative proceedings in order to promote the development of conciliation, amicable dispute resolution not only in civil but also in administrative proceedings, reduce the work load of administrative courts, save the money of private persons and the State budget funds allocated for dispute resolution at court.

The Ministry of Justice has also initiated amendments to legislation in order to introduce administrative dispute resolution by mediation in out-of-court disputes as well. It has been proposed to introduce the model of out-of-court mediation for dispute resolution in the Administrative Disputes Commission. Mediation proceedings would not be compulsory for the parties to a dispute. This draft is under consideration of the Seimas in the meantime.

E-Criminal Case File

The Judicial Council decided by its Resolution No 13P-129-(7.1.2) of 1 January 2020 that electronic criminal case files are to be launched at courts from 1 January 2020. It has been decided to test the electronic hearings of criminal cases only in the cases of certain categories – in criminal cases heard by district and regional courts under the prosecutor's application to end the proceedings by a penal order of the court or under the prosecutor's application to hear the case under the accelerated procedure. In the implementation of the above-referred Resolution, the National Courts Administration has started an analysis for the adaptation of the Lithuanian Judicial Information System (LITEKO) and is going to consult with representatives of the judiciary concerning the implementation of most optimum solutions.

The Institute of Lay Judges

On 12 March 2019, the Seimas of the Republic of Lithuania registered the Draft Law No XIIIP-3273 on the Amendment of Articles 48 and 109 of the Constitution of the Republic of Lithuania, which aims at implementing the provisions of the Concept of the Institute of Lay Judges in Courts as approved by Resolution No XII-2676 of 11 October 2016 of the Seimas of the Republic of Lithuania and create legal preconditions for citizens of the Republic of Lithuania who have taken the lay judge's oath to hear cases and render decisions together with judges. The initiators of this project declare that the main objectives sought by the introduction of the institute of lay judges in courts is the increase of public trust in courts and in the legal system, the promotion of transparency in the activities of courts, and legal education of the public.

The project is being coordinated with the institutions concerned; on 29 May 2019, it was considered at the Government of the Republic of Lithuania and its lawyers had no major comments and proposals for the project.

(Observation. The position chosen by the Judicial Council was not to object to the project and express its position on the mechanism of its implementation after its elaboration.)

Individual Constitutional Complaint

On 21 March 2019, the Law on the Amendment of Articles 106 and 107 of the Constitution of the Republic of Lithuania was adopted (it comes into force on 1 September 2019); the Law establishes the institute of an individual constitutional complaint.

The draft laws implementing this Law (the Law on the Constitutional Court of the Republic of Lithuania, procedural laws and other related laws) provide that a person shall have the right to file an application with the Constitutional Court concerning the compliance of laws or other acts passed by the Seimas of the Republic of Lithuania, acts of the President of the Republic, acts of the Government of the Republic with the Constitution or laws of the Republic of Lithuania, if: (1) the decision made on the basis of such acts has violated the person's constitutional rights or freedoms, and (2) this person has exhausted all statutory remedies for his/her constitutional rights or freedoms, including the right to apply to court, and there is a final court's decision which is not subject to appeal, and (3) less than three months have elapsed after the day the above-referred decision of the court became enforceable.

It is sought to establish that, before submitting a complaint concerning a violation of his/her constitutional rights or freedoms, the applicant shall exhaust all available remedies to protect his/her constitutional rights or freedoms in the courts of all instances.

The drafts implementing this Law are undergoing coordination with the institutions concerned in the meantime (The Ministry of Justice has already communicated its application to the Government of the Republic of Lithuania).

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