Accession to the European Union and the Lithuanian constitution Cover Image

Stojimas į Europos Sąjungą ir Lietuvos Konstitucija
Accession to the European Union and the Lithuanian constitution

Author(s): Jurate Vaiciukaite
Subject(s): Law, Constitution, Jurisprudence
Published by: Florida Coastal School of Law and Vytautas Magnus University School of Law
Keywords: Accession; European Union; Lithuanian; constitution

Summary/Abstract: ACCESSION TO THE EUROPEAN UNION AND THE LITHUANIAN CONSTITUTION On 12 June 1995 the European Agreement establishing an association between the European Communities and their member states, of the one part, and the republic of Lithuania, of the other part was signed. The Agreement entered into force on 1 February 1998. The European Agreement confirmed Lithuania's aspiration to join the European Union and Lithuania commenced participation in the Pre-accession Strategy for acceding the EU. Therefore Lithuania is implementing a comprehensive program of harmonization of its legal norms with those of the EU based on the White Paper as the main guideline document. National Program of Legal Harmonization has been developed, and a mechanism to guarantee the application and enforcement of the acquis communautaire is in the process of establishment. However author also states the need of change of the Lithuanian Constitution in case Lithuania joins EU. To prove this proposition the principles and peculiarities of EU law in comparison with principles of Lithuanian Constitution are analyzed. Analysis limits to the specific constitutional principles, i.e. sovereignty, democracy, constitutional supervision, socio-economic (namely labour) rights, general competence of the courts and guarantees of human rights and fundamental freedoms. Author also examines modifications to French, German and Polish constitutions, which were made due to integration process into EU. Summarizing author recommends how principles of sovereignty, democracy, constitutional supervision, socio-economic rights and general competence of the courts in Lithuanian Constitution should be modified. It is also stated that guarantees regarding human rights and fundamental freedoms established in the Constitution of Lithuania already correspond with EU law.

  • Issue Year: 2004
  • Issue No: 4
  • Page Range: 143-172
  • Page Count: 30
  • Language: Lithuanian