Guarantees for Linguistic Identity: Approaches of the Republic of Lithuania and of the Republic of Moldova

Abstract

The status of the official language rises not only legal, but also social issues especially analyzing situations in those countries that have faced occupation and after the restoration of their independence met different requirements from national minorities. In 2013, the Constitutional Court of Moldova was asked to establish the correct denomination of the official language in the Republic of Moldova, despite a clear text in the Constitution. In 2018 and in 2021, the Constitutional Court was called to review a law that provided that Russian language shall be used in the Republic of Moldova as language of communication between ethnic groups. The Constitutional Court of the Republic of Lithuania several times heard cases on the use of the official language. Constitutional judges are often faced with solving social conflicts that go beyond the legal sphere. Apart from this, national legal systems cannot deny international requirements and jurisprudence. This paper is focused on the national challenges regarding the official language and minority languages in two Europe countries – Lithuania and Moldova.