Konstituciniai žalos atlyginimo principai
This article deals with two legal norms, which are established in the Constitution of the Republic of Lithuania (hereinafter - the Constitution): "The law shall establish the procedure for compensating" (Art. 30) and "The scope of powers shall be defined by the Constitution" (Art. 5). The purpose of the article - to analyze a duty of State institutions to establish the the procedure for compensating and duty of the state institutions to compensate for the material and moral damage according established procedure. The article reveals two aspects: (1) the Constitution limits the authorities discretion in determining the procedure of compensation; (2) the Constitution obliges the state authorities to compensate for any damage caused by their actions. The novelty of the article is revealed through his research method. The analyses of raised question is exclusively made in accordance with the case-law of the Republic of Lithuania. Therefore, the main research method is case law analysis of the Constitutional Court of the Republic of Lithuania and the Supreme Administrative Court. The first part of article is devoted to the analyses of orders of the Constitutional Court, which show the scope of the legislator's discretion in determining the compensating procedure, while the second part of the article is intended to determine the conditions of state liability. The main conclusion of the article is: the Constitution of the Republic of Lithuania set the principle that damages to the person must be compensated according to the law. The legislator in determining compensation procedure have very extensive powers, but they are limited by the values enshrined in the Constitution of the Republic of Lithuania.
- Straipsniai / Articles