Teisė apskųsti pirmosios instancijos teismo sprendimą kaip pamatinė konstitucinė teisė
The Right to Appeal as Fundamental Constitutional Right

Summary/Abstract: In this article the right to appeal is analysed. Although it may be possible to state that Constitutional Court of the Republic of Lithuania recognized this right as fundamental constitutional right and a part of a right to trial, the restrictions of said right do not contradict its constitutionality. The question of excessive workload in courts, as well as an overtasking must be considered as a whole. The model of restricted appeal, which is entrenched in the code of civil procedure, is based upon proportionality, necessity in democratic society and the principles of concentricity, expedition and prohibition to abuse procedural rights. The limited appeal also corresponds to the modern tendencies of civil process: conciliation rather than settling the material truth.

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