The Principle of separation of powers and independence of the Constitutional Court of the Republic of Lithuania: national report

ENIn the constitutional structure of state powers of any democratic state the principle of separation of powers plays an exceptionally important role. This principle seeks to ensure that state power would not be entrusted to a single institution. Traditionally, state power is divided into the legislature, the executive, and the judiciary branches. In the democratic system, each of such a branch is defined as having certain powers and competencies, giving the legal basis for execution of its direct functions, as well as powers vis-à-vis one another, so that each of them might be able to prevent one another from overstepping the limits of their powers and competencies and from abuse of power. The interaction among these branches of power, which is manifested by cooperation among state institutions, coordination of actions, containment vis-à-vis one another is one of the most important factors securing the democratic character of state power, the supremacy of law and the rights and freedoms of the person. The Constitutional Court of the Republic of Lithuania has held more than once in its jurisprudence that the constitutional principle of separation of powers means that the legislative, executive and judicial powers must be separated, sufficiently independent but also there must be a balance among them.The Constitution establishes to each state institution the competence corresponding to its purpose, where the concrete content of the competence depends on the place of this institution in the general system of branches of power and on the relation of this institution with other branches of power, and on the place of this institution among other state institutions as well as the relation of its powers with those of other institutions; after the powers of a concrete state institution have been directly established in the Constitution, then a certain state institution may not take over the said powers from another state institution, it may not transfer or waive them; such powers may not be amended or limited by means of a law. [Extract, p. 2]

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