Options
The challenges faced by the Constitutional Court of Lithuania during the Global economic crisis
Date Issued |
---|
2015 |
This paper is presented at the International Conference „The Position and Perspective of ConstitutionaI Justice", Belgrade, 16-18 October 2013 and published in the Conference Publication, Belgrade, 2014, pp. 419-444
The Constitutional Court of the Republic of Lithuania is forming a broad and distinctive doctrine on the possibility oflimitation of social rights during an economic crisis. This doctrine is inter alia grounded upon the imperatives of a state under the rule oflaw, equality of rights, justice, proportionality, protection of legitimate expectations, social solidarity, the Constitutional concept of the state budget and other Constitutional imperatives. The ConstitutionaI Court has also formulated certain general principles which must be followed when in a situation of an economic crisis the legislator may adopt decisions on reduction of social rightsguarantees. This doctrine is also influenced by International law, inter alia the law of the European Convention on Human Rights. While considering the cases related to implementation of social rights, the Constitutional Court also takes account of the case-law of the Constitutional courts of other states.