The Constitutional experience of Lithuania in the context of European and global governance challenges

LTReikšminiai žodžiai: Duomenų saugojimo direktyva; ES pataisos Konstitucijoje; Geopolitika ir saugumas; Konstitucinis Teismas; Lietuvos Respublikos Konstitucija; Teisinio tikrumo principai; Teisėtų lūkesčių ir patikimo administravimo principai; Constitutional Court; Data Retention Directive; EU amendments in the Constitution; Geopolitics and security; Legitimate expectations and sound administration; The Constitution of Lithuania; The principles of legal certainty.

ENThe Lithuanian Constitution (1992) is described in the report as a typical revolutionary constitution, adopted after the collapse of a totalitarian regime. The Constitutional Court (CC) is a strong player both in terms of the protection of fundamental rights and as an arbitrator in political disputes. The report observes that due to their bitter historical struggle for statehood, Lithuanians have generally treated membership in the EU as a fundamental geopolitical choice. From this perspective, the Constitution is unique, as it was – in a self-standing constitutional act – extensively opened to the EU, whilst another constitutional act prohibits joining any union based on the former USSR. The CC has held that the Constitution establishes a constitutional imperative of EU and NATO membership. By and large, no critical constitutional debates have arisen in relation to EU and transnational law. Some exceptions include an (unsuccessful) request to hold a referendum on the adoption of the euro on the ground that the nature of the EMU had been changed by the ESM Treaty due to the extensive financial liabilities it might entail. The report notes that these discussions were overshadowed by events in Ukraine and geopolitical security concerns. The report also observes a lack of real discussion both in academia and in the public discourse concerning various issues decided at the EU level, which later have had a profound impact upon implementation at the national level (e.g. the Data Retention Directive), and calls for stimulating such discussion.