On September 4–5, the international conference “Unification of Judicial Practice: Forms and Challenges” is taking place at the Seimas of the Republic of Lithuania. The event is organized by the Supreme Court of Lithuania and the Faculty of Law of Vilnius University, in cooperation with the Seimas of the Republic of Lithuania, the Ministry of Justice of the Republic of Lithuania, and the Baltic-American Freedom Foundation (BAFF).
The conference is dedicated to several important anniversaries. These are the 35th anniversary of the restoration of the independent state of Lithuania, the thirtieth anniversary of the reformed court system, and of the cassation competence at the Supreme Court of Lithuania.
“Welcome to the Seimas of the Republic of Lithuania. I am pleased that it is here – in the home of democracy and lawmaking – that discussions will take place on the issues of unifying judicial practice, which are relevant today not only at the national but also at the international level. The unification of judicial practice is a form of responsibility – responsibility before the law, before the legal system, and, most importantly, before the individual. Although the main role in unifying judicial practice lies with the supreme courts, the legislator must provide a clear legal basis for this. The legislator can contribute to the unification of judicial practice by stipulating the force of judicial precedents in legal acts, clearly defining the significance of interpretations by higher courts, and ensuring that laws leave no room for opposite or contradictory interpretations. In the legal system, precedent must become not only a practical reference point but also a clearly regulated part of law, without contradicting the principle of judicial independence,” said Saulius Skvernelis, Speaker of the Seimas of the Republic of Lithuania, in his opening speech.
Welcoming the conference participants, Rimantas Mockus, Acting Minister of Justice of the Republic of Lithuania, noted that “today we have an excellent opportunity to appreciate the maturity of our state’s freedom, democracy, and legal system, as well as the challenges overcome: strengthened foundations of the rule of law and quality of justice, and the growing public trust in the justice system. In today’s legal system, the unification of judicial practice is gaining increasing importance. In the context of globalization, digitalization, and international relations, it is especially important that the interpretation of law is not only consistent at the national level but also aligned with international standards. This creates legal clarity and effectiveness in the functioning of the entire judicial system. In this context, it is important to ensure that the implementation of human rights is not only declarative but a genuinely functioning protection.”
Assoc. Prof. Dr Danguolė Bublienė, President of the Supreme Court of Lithuania, reviewing Lithuania’s experience, said: “The year 2025 marks thirty-five years since the restoration of the independent Lithuanian state, which has brought new challenges, invaluable experience, and broad progress to the country and its people. One of the most important achievements of our state during this period is the Supreme Court of Lithuania, which crowns the system of courts of general jurisdiction. After judicial reform, from January 1, 1995, it acquired a qualitatively new competence and became a true court of cassation, forming uniform judicial practice in interpreting and applying the law. Such a status and role of a court of cassation in all democracies symbolize and are oriented toward the highest standard of understanding of law, its cultivation and development. As is known, the legalization of this status in law did not yet mean true quality. It was only the start. Substantive activity takes decades. According to some Western legal scholars, post-communist European states, in terms of unification of judicial practice, were far behind, in a place where Western countries had been about 50 years earlier. Thus, it was expected from us, especially during Lithuania’s integration into Europe, to achieve in just a few years what Western states had developed over decades. Returning to the topic of the conference – uniform judicial practice is not only a sign of a legal state but also society’s expectation for legal certainty, stability, and predictability; it is also a guarantee of impartiality. It is said that unity in law creates trust in life, while law without uniform application becomes a precondition for injustice. This conference is dedicated to a deep look at the unification of judicial practice, which is rapidly becoming an ever greater challenge for cassation courts due to many factors.”
According to Prof. Dr Vigita Vėbraitė, Vice-Dean for Studies at the Faculty of Law of Vilnius University, “when the Constitutional Court of the Republic of Lithuania established the concept of precedent in our law, this decision attracted the interest of legal scholars and practitioners, resulting in academic articles and discussions among practitioners. Many questions arose about the differences between legal systems and their convergence, and there were broad discussions about the significance of precedents, their binding force, and limits of application. Today, approaching the twentieth anniversary of this decision, we have met to reflect on whether, how much, and what kind of clarity has been achieved. The interest in this conference among both academics and legal practitioners once again confirms the relevance of the topic of precedent.”
After the welcoming speeches, the opening lecture was delivered by Prof. habil. Dr. Burkhard Hess from the University of Vienna. On the first day of the conference, special attention is devoted to precedent as a source of unification of law in the practice of supreme courts. The main lecture on this topic was given by Prof. Dr. Margaret Y. K. Woo from Northeastern University (USA). Later, Judge of the Supreme Court of Lithuania, Assoc. Prof. Dr. Eglė Zemlytė, led a discussion. It featured Prof. habil. Dr. Valentinas Mikelėnas, Prof. Dr. (HP) Egidijus Kūris, Prof. Dr. Remme Verkerkas (Utrecht University), and Dr. Rimvydas Norkus. The discussion examined the significance of precedent for consistency in judicial practice, compared models from different countries, and addressed current challenges to national and international legal systems.
The afternoon session will be dedicated to the institution of preliminary rulings and its application in different legal systems. This part of the event will begin with Prof. Dr. Bart Krans (Leiden University), who will present the Dutch model of preliminary rulings. After this presentation, a discussion will take place, sharing how this model works in Poland, why its introduction is being considered in Finland, and whether such a model could be adopted in Lithuania.
The second day of the conference will be devoted to other forms of unification of judicial practice. The introductory lecture on different methods of ensuring consistency of judicial practice in civil law jurisdictions will be given by Prof. habil. Dr. Aleš Galič from the University of Ljubljana. The discussion will be led by Assoc. Prof. Dr Danguolė Bublienė, President of the Supreme Court of Lithuania. In it, Dr. Irmantas Jarukaitis, Judge of the Court of Justice of the European Union, will speak about the links between uniformity of judicial practice and judicial independence, while Anders Eka, President of the Supreme Court of Sweden and Head of the Network of Presidents of the Supreme Courts of the EU Member States, will present Sweden’s experience in ensuring uniform application of law. Representatives of the Baltic States will also share their experiences and insights: Aigars Strupišs, President of the Supreme Court of Latvia, Nele Siitam, Judge of the Supreme Court of Estonia, and Dr. Artūras Driukas, Chairman of the Civil Cases Division of the Supreme Court of Lithuania. They will speak about measures ensuring consistency of judicial practice in their countries.
Photos by the Chancellery of the Seimas (author Olga Posaškova).
