Teisminė valdžia ir jos administravimas atkūrus valstybingumą

Abstract

Lithuania’s entering process into EU was a moving force to start and administer the court’s reform in the country. Lithuania made a serious undertaking ensuring the self-reliance of courts. In 2002 the new enacted decrees essentially improved the courts’ inspection and institutional structures providing them with thorough institutional and administrative autonomy. The given institutional self-rule requires courts’ accountability. It may be achieved by the clarity of the work. Research problem: the jurisdiction and its administration after restoration of statehood in Lithuania. Research subject: the administration of courts in Lithuania. Research topic: the administration of courts in Lithuania after the restoration of its independence. Research aim: to analyze the jurisdiction and its peculiarities of administration in Lithuania. Research tasks: 1. To reveal the status of the jurisdiction in the aspect of other powers, also the jurisdiction and self-rule institutions in Lithuania. 2. To characterize the main features of administration of Lithuania’s courts in 1918-1940 and 1990-2002. 3. To discuss administration of the jurisdiction after 2002 when the juridical enactments were made and the self-rule of courts was finally affirmed. 4. To show the problems still existing in the administration of courts. Research methods: studying, analyzing, comparing, summarizing and abstracting of the science literature and the law deeds on the chosen topic. Writing the work it was followed by Lithuania’s courts decrees and other law-science literature. There was also used the material based on the reform of courts of science-practical conferences held in Lithuania. There is being analyzed the jurisdiction in Lithuania and its administration peculiarities. The research material can be used in the law practice. Summarizing it should be mentioned that the jurisdiction is a part of government. So the courts have the particular competence independently following the proceedings to dispense the justice. According to the Constitution the activity of courts is not and can not be considered as an area of ownership of any executive institution. Such executive institutions can only be given proxies to allow the courts to act. For this reason it is very important the realization of subdivision of state power and the principles of the jurisdiction. Only the independent courts institutional system is able to ensure courts organizational and judge’s trial independence. Administration in the courts consists of officials’ organizational activity (internal court administration) and its supervision (external courts administration). In the period between wars (1918-1940) the courts decree anticipated rather great power to the administration of courts. After restoration of independence in 1990 the jurisdiction was signally strengthened. There were enacted new decrees which established courts and their activity. The real self-rule and other courts institutions started to administrate the institutions of courts much more effectively. During the period of study and nowadays the particular attention is paid to the internal functions of courts’ subjects administration. For example, up-to-now the chairmen of the courts, who are the judges of the highest qualification, have to take care of economic and staff management deals instead of administering justice. Theoretically this problem has been solved trying to establish the position of chancellor, but practically it exists only in some courts. At present the distribution of cases to the procedure judges is not able to ensure the desirable clarity and fairness. The rules of cases distribution work on the bases of recommendation, so the chairmen of courts can distribute the cases according to subjective criteria. There is still being practiced the system of double power of attorney to the parish judge (firstly the judge is assigned for a period of 5 years and then until the year of 65). The system must help to select the best persons to the judge’s profession. However, the period of 5 years is unjustifiably too long.