About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



15 Baltic J.L. & Pol. 1 (2022)

handle is hein.journals/bjlp15 and id is 1 raw text is: 







                              BALTIC   JOURNAL OF LAW & POLITICS
                                  A Journal of Vytautas Magnus University
                                       VOLUME  15, NUMBER   1 (2022)
                                              ISSN 2029-0454




        sc   en  do         Cit.: Baltic Journal of Law & Politics 15:1 (2022): 1-30
                             https://content.sciendo.com/view/journals/bjlp/bjlp-
                                               overview.xml
                                       DOI: 10.2478/bjlp-2022-0001




 INDIVIDUAL CONSTITUTIONAL COMPLAINTS IN LITHUANIA:

 AN  EFFECTIVE REMEDY TO BE EXHAUSTED BEFORE APPLYING

          TO  THE   EUROPEAN COURT OF HUMAN RIGHTS?




     Dovile  Puraite-Andrikiene
     Assistant Professor, PhD
     Vilnius University, Faculty of Law (Lithuania)
     Contact information
     Address: Sauletekio al. 9, LT-10222 Vilnius
     Phone: + 370 5 236 6175
     E-mail address: dovile.puraite-andrikiene@tf.vu.It



     Received: June 21, 2021; reviews: 2; accepted: June 2, 2022.


     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.