Ar individualus konstitucinis skundas gali būti lakomas veiksminga teisinės gynybos priemone pagal Europos žmogaus teisių konvencijos 13 straipsnį?

Abstract

The summary provided hereunder gives short overview of final thesis. The summary outlines the subject matter, aim and goals of the thesis. In addition it shortly describes the content and main aspects of this final work. The subject matter of this thesis is – individual constitutional complaint as an effective domestic remedy under Article 13 of the Convention for Protection of Human Rights and Fundamental Freedoms (hereinafter – the European Convention on Human Rights). The thesis is aimed at the evaluation of the individual constitutional complaint as an effective domestic remedy. This final work deals with the meaning, aim and scope of Article 13 of the European Convention on Human Rights; the nature of the remedies required under Article 13; the similarities and differences of the institution of constitutional complaint, which exists in Poland, the Czech Republic and Hungary, this analysis is being made with special regard to the rules on standing of individuals (the complainants, admissibility criteria, etc.) and the legal effect of the Constitutional Court’s final decision; the optimal model of the individual constitutional complaint suitable for Lithuania is being analyzed. The thesis stresses that there is no single answer, whether the constitutional complaint can be considered an effective domestic remedy under article 13 of the European Convention on Human Rights. The thesis states that so far the European Court of Human Rights analyzed the effectiveness of the constitutional complaint only when the right to a hearing within a reasonable time was being alleged, thus all the other admissibility requirements for constitutional complaint were not interpreted. The final work concludes, that according to the practice of foreign countries and the recommendations of the Committee of Ministers, the Republic of Lithuania, should implement a constitutional complaint, which would be effective under Article 13 of the European Convention on Human Rights. The legal sources used in this thesis include the documents of the European Council, the jurisprudence of the European Court of Human Rights, the studies and periodicals of Lithuanian and foreign authors, the Constitutions of foreign countries, the laws of constitutional courts and the relevant case-law of these courts. Main concepts of this thesis are: European Convention of Human Rights, effective domestic remedy, European Court of Human Rights, individual constitutional complaint.