Models of constitutional adjudication in the Baltic States

Abstract

This article examines the particularities of constitutional control models in Latvia, Lithuania, and Estonia. On the thirtieth anniversary of regaining independence in 2020 for Latvia and Lithuania and in 2021 for Estonia, it is an opportune moment to consider the path taken by constitutional review institutions in each of the three Baltic States. Accordingly, the authors explore the establishment of the particular constitutional review model in each country and discuss the main features of constitutional adjudication: the status and the composition of the constitutional review bodies, the subjects entitled to file a petition, the main elements of their jurisdiction, and the legal effects of the constitutional judgements. The paper also looks briefly at the possible perspectives. The choice of a constitutional control model in Lithuania, Latvia, and Estonia results in differences in the place of a constitutional control institution in the judicial system, its special competence (other than constitutionality control of legal acts), and composition. However, regardless of which model of constitutional control was implemented, during the transitional period to a more democratic political regime, it has been vital to guarantee the fulfilment of the objectives of the constitutional control bodies without fear of legal or political obstacles and interference. These constitutional justice institutions in the respective country have step by step developed into authoritative bodies that have no peer, are irreplaceable, and are appreciated by state power institutions and the society.