<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>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.</p>
<p>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.</p>
</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.

Individual Constitutional Complaints in Lithuania: An Effective Remedy to be Exhausted Before Applying to the European Court of Human Rights?

Assistant Professor, PhD Vilnius University

Baltic Journal of Law & Politics

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Although the significance of an individual constitutional complaint mechanism is mostly associated with the national constitutional protection of human rights,...

Individual Constitutional Complaints in Lithuania: An Effective Remedy to be Exhausted Before Applying to the European Court of Human Rights?

Pubblicato online: 07 gen 2023

Pagine: 1 - 30

Ricevuto: 21 giu 2021

Accettato: 02 giu 2022

DOI: https://doi.org/10.2478/bjlp-2022-0001

Parole chiave
Individual constitutional complaint, Constitutional Court, European Court of Human Rights

© 2022 Dovilė Pūraitė-Andrikienė, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Individual Constitutional Complaints in Lithuania: An Effective Remedy to be Exhausted Before Applying to the European Court of Human Rights?

Pubblicato online: 07 gen 2023

Pagine: 1 - 30

Ricevuto: 21 giu 2021

Accettato: 02 giu 2022

DOI: https://doi.org/10.2478/bjlp-2022-0001

Parole chiaveIndividual constitutional complaint, Constitutional Court, European Court of Human Rights

© 2022 Dovilė Pūraitė-Andrikienė, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Parole chiave
Individual constitutional complaint, Constitutional Court, European Court of Human Rights