Konstitucinio teismų ir teisėjų nepriklausomumo principo įgyvendinimo problemos Lietuvoje

Abstract

This article identifies and analyzes the most sensitive problems of the implementation of the constitutional judiciary independence principle in Lithuania. Although independence of judiciary has become a universal principle, but in practice it is still sometimes subject to challenges. As the mission of the judiciary is to ensure legitimacy by defending human rights from arbitrary acts of other branches of state power, there is inevitable tension between the judiciary and other branches of state government, especially while granting social guarantees for judges. However, this article also shows that judiciary itself may create some threats for internal independence of judges. The Council of Courts in Lithuania sometimes doesn’t take care about imperative legal regulations while giving advice on the appointment of judges.