Vilniaus universiteto Teisės fakulteto doktorantė
Saulėtekio al. 9, I rūmai, LT-10222 Vilnius
Tel. (+370 5) 236 61 75
El. paštas: firstname.lastname@example.org
The implementation of principle of separation of powers when appointing judges while gaining independence of Lithuania is presented in the paper. This principle is deemed to be ground for judicial independence and the protection of human rights and freedoms. After the analysis of the regulation of appointment of the judges (this is one of the grounds for separating the judiciary from two other branches), before the proclamation of independence, it is concluded that regulation did not lead to establishment of the principle separation of powers when appointing judges, since all the powers were gathered in the hands of one governmental institution. Nevertheless, after gaining independence, Lithuania was willing to join the democratic community with its protection of human rights and freedoms, but there was no possibility to establish the actual separation of powers when appointing judges in the Law on Courts of 1990. Despite the attempts of Law on Courts act of 1992, which followed the Law on Courts of 1933, the firm ground for judicial independence during appointment of judges was established while drafting and passing the Constitution of 1992, where the judicial independence and balance among the different branches while appointing judges were established.