Europos Tarybos aktų įtaka Lietuvos konstitucinės doktrinos raidai

ENThe European Convention on Human Rights and the jurisprudence of the European Court of Human Rights play an important role in the development of the doctrine of human rights formed by the Constitutional Court. The law of the Convention is important in interpreting constitutional human rights as innate ones, which are grounded on the values of the European democratic culture. In forming its constitutional doctrine, the Constitutional Court also takes into consideration other documents of the Council of Europe, for instance, the provisions of the European Social Charter (revised) and the European Charter of Local Self-Government, as well as other acts of the Council of Europe. Still, the influence that the Convention exerts on the development of the constitutional doctrine of human rights has remained the most significant one. The European Convention on Human Rights and the jurisprudence of the European Court of Human Rights played a very significant role in the jurisprudence of the Constitutional Court during the first decade of its activities. The Constitutional Courts ruling of 9 December 1998 that recognised the death penalty provided for in the criminal code as unconstitutional may be singled out as one of the most important rulings of the Constitutional Court ofthat period, in which there was much reference to the documents of the Council of Europe. Later on, the Constitutional Court, on the grounds of the constitutional doctrine formulated before, which had been influenced to a large extent by the law of the Convention, and on the grounds of the precedents that it had formulated, virtually continued to refer to the doctrinal provisions consolidated in the law of the Convention.Still, the 2011-2013 period should be singled out. During this period the influence of the law of the Convention could be explained on the grounds of the specific character of cases considered at the Constitutional Court, the relevance of certain issues related to human rights, and the problem that had arisen in connection with a possibility of reinterpreting the constitutional doctrine due to the intersection of the jurisprudence of the European Court of Human Rights and that of the Constitutional Court. In the course of analysis of the influence of the law of the Convention on the jurisprudence of the Constitutional Court, first of all, the importance of Article 6 of the Convention and its interpretation in the jurisprudence of the European Court of Human Rights come to light. The constitutional doctrine of social rights in the jurisprudence of the Constitutional Court has also been developed with reference to the jurisprudence of the European Court of Human Rights, which is very important in the consolidation of the concept of certain social rights as individual rights that are implemented directly. The constitutional grounds of the limitation of human rights as formulated in the doctrine of the Constitutional Court are substantiated by the doctrine that has been formulated by the European Court of Human Rights.A different evaluation of constitutional values (also protected within the Convention) by the European Court of Human Rights and the Constitutional Court, the giving of a different priority to one of such values may lead (and have led) to an intersection of jurisprudence of both courts. A decision on solving such an intersection must be adopted in every concrete situation in an attempt to find the best way of securing the principle of the superiority of the Constitution and of the coordination of the sometimes different protection of the values defended by the Constitution and the Convention.