{"title":"立陶宛的个人宪法申诉:在向欧洲人权法院提出申诉前的有效补救?","authors":"Dovilė Pūraitė-Andrikienė","doi":"10.2478/bjlp-2022-0001","DOIUrl":null,"url":null,"abstract":"Abstract Although the significance of an individual constitutional complaint mechanism is mostly associated with the national constitutional protection of human rights, it is a no less significant remedy in the context of the international human rights protection system. Individual constitutional complaints can be considered an effective domestic legal remedy to be exhausted before applying to the European Court of Human Rights (the ECtHR). However, the answer to the question of whether proceedings in a constitutional justice institution fall within the scope of such domestic remedies is very complex and may vary from case to case. Whether it will be required to exhaust an individual constitutional complaint procedure before filing a complaint with the ECtHR will largely depend on the legal system of the state and the scope of the powers of the constitutional justice institution. This article aims to assess whether the individual constitutional complaint mechanism operating in Lithuania could be recognised an effective remedy to be exhausted before applying to the ECtHR.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"15 1","pages":"1 - 30"},"PeriodicalIF":0.0000,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":"{\"title\":\"Individual Constitutional Complaints in Lithuania: An Effective Remedy to be Exhausted Before Applying to the European Court of Human Rights?\",\"authors\":\"Dovilė Pūraitė-Andrikienė\",\"doi\":\"10.2478/bjlp-2022-0001\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract Although the significance of an individual constitutional complaint mechanism is mostly associated with the national constitutional protection of human rights, it is a no less significant remedy in the context of the international human rights protection system. Individual constitutional complaints can be considered an effective domestic legal remedy to be exhausted before applying to the European Court of Human Rights (the ECtHR). However, the answer to the question of whether proceedings in a constitutional justice institution fall within the scope of such domestic remedies is very complex and may vary from case to case. Whether it will be required to exhaust an individual constitutional complaint procedure before filing a complaint with the ECtHR will largely depend on the legal system of the state and the scope of the powers of the constitutional justice institution. This article aims to assess whether the individual constitutional complaint mechanism operating in Lithuania could be recognised an effective remedy to be exhausted before applying to the ECtHR.\",\"PeriodicalId\":38764,\"journal\":{\"name\":\"Baltic Journal of Law and Politics\",\"volume\":\"15 1\",\"pages\":\"1 - 30\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-10-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Baltic Journal of Law and Politics\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2478/bjlp-2022-0001\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Baltic Journal of Law and Politics","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2478/bjlp-2022-0001","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
Individual Constitutional Complaints in Lithuania: An Effective Remedy to be Exhausted Before Applying to the European Court of Human Rights?
Abstract Although the significance of an individual constitutional complaint mechanism is mostly associated with the national constitutional protection of human rights, it is a no less significant remedy in the context of the international human rights protection system. Individual constitutional complaints can be considered an effective domestic legal remedy to be exhausted before applying to the European Court of Human Rights (the ECtHR). However, the answer to the question of whether proceedings in a constitutional justice institution fall within the scope of such domestic remedies is very complex and may vary from case to case. Whether it will be required to exhaust an individual constitutional complaint procedure before filing a complaint with the ECtHR will largely depend on the legal system of the state and the scope of the powers of the constitutional justice institution. This article aims to assess whether the individual constitutional complaint mechanism operating in Lithuania could be recognised an effective remedy to be exhausted before applying to the ECtHR.
期刊介绍:
Baltic Journal of Law & Politics (BJLP) is a scholarly journal, published bi-annually in electronic form as a joint publication of the Faculty of Political Science and Diplomacy and the Faculty of Law of Vytautas Magnus University (Lithuania). BJLP provides a platform for the publication of scientific research in the fields of law and politics, with a particular emphasis on interdisciplinary research that cuts across these traditional categories. Topics may include, but are not limited to the Baltic Region; research into issues of comparative or general theoretical significance is also encouraged. BJLP is peer-reviewed and published in English.