Konstitucinio teismo doktrinos neįgyvendinimo (ne)galimybės

Abstract

This article aims to assess the doctrinal provisions of the final acts of the Constitutional Court of the Republic of Lithuania, by which the norms of the Constitution consolidating freedom of religion have been interpreted. Detailed consideration is given to the doctrinal provisions relating to the status of churches and other religious organisations. This includes, inter alia, the acquisition of their status, the scope of their rights, and the loss of their status – provisions which have not been implemented for an unjustifiably long time through the actions of the Seimas or via other legal acts. This article also analyses the legal acts that fail to amend or annul the legal norms that are in conflict with the doctrine of the Constitutional Court. The particularities of the constitutional doctrine are compared in individual cases with the decisions of the Federal Constitutional Court of Germany, and an assessment is made of the interaction between the jurisprudence of the European Court of Human Rights and the doctrinal provisions of the Constitutional Court from the perspective under consideration. Finally, the consequences that arise or may arise as a result of the unimplemented doctrinal provisions of the Constitutional Court are identified.