2019.10.25 09:00

Historic case: Lithuania's Constitutional Court accepts first individual complaint

BNS 2019.10.25 09:00

Lithuania's Constitutional Court accepted the first individual constitutional complaint on Thursday. A person sentenced to prison used the possibility, introduced in September, to directly turn to the court.

The claimant maintains that the ban in the Penal Code to delay a sentence for very serious crimes restricts a court's right to issue individualised verdicts.

“The request […] meets […] the requirements defined in the Law on the Constitution Court, therefore, it is accepted for hearing by the Constitutional Court,” the court said in its ruling on Thursday.

But the court rejected the applicant's request to suspend their sentence until the case is heard.

The applicant's identity is not disclosed, but the case materials indicate that Klaipėda Regional Court sentenced the person for crimes related to drug possession and smuggling.

The Seimas of Lithuania adopted the law allowing individuals to bring cases to the Constitutional Court in March and it came into force in September.

Under the new law, any person who has exhausted all other available legal remedies will be able to directly turn to the Constitutional Court over the constitutionality of a piece of legislation adopted by the Seimas, government and president, if he or she believes that a decision based on that legislation has violated his or her constitutional rights or freedoms.