Prezidento teisinė padėtis Lietuvos Respublikoje ir Vokietijos Federacinėje Respublikoje: lyginamoji analizė

Abstract

The Presidential institution is described in the Constitution of the Republic of Lithuania (1992) as a reflection of the choise made between two types of governing systems: parliamentary democracy and presidential democracy. In the Fundamental Law of Germany (1949) the Federal President is described as a polician in a parliamentary republic. Although two different forms of goverment in both states disclose the differences of presidential institution, the similarities are also obvious. Presidential authority, established by legal acts, and its implementation into a political reality gives basis for discussions in the siciety and attempts to decide upon the role of the President of the Republic of Lithuania and the Federal President of Germany. Both formal and real roles are discussed in judicial and scientific literature. This double character of formal and real authority of both Lithuanian and German presidents forms inadequate understanding of the President as a state institution. Also there exists a problem of a judicial position of both presidents as well as aproblem of strengthening it and making it more effective. In Lithuania there are only few authors dealing with the topic of Federal President of the Federal Republic of Germany and its judicial position. There is no doubt that its historic experience and the development of constitutionalism is important to many states of Eastern Europe. For this reason so much attention in judicial and scientific literature is paid both to the form of government in Germany and to its federal system of government. The topic of this work is rather meaningful as a great attention to the judicial position of both presidents in paid. The method of comparative analysis was applied in the work. The judicial position of the president of the Federal Republic of Germany is analysed taking into consideration the newest sources of information in German. Though the main subject of this work is the comparative analysis of present presidential institutions in two different countries legal acts, political experience of both countries have been analysed, too. Much attention is given to the formation of presidential institution, to authority in connection to other governing institutions, to all the legal procedures of becoming a president, canying and passing presidential duties.