Competence, functions

The Supreme Court of Lithuania is the only court of cassation in the Republic of Lithuania for reviewing effective judgements and rulings passed by the courts hearing criminal cases at the first and appeal instances (Art. 366, Code of Criminal Procedure) as well as decisions and rulings in civil cases passed by the courts of appeal instance (Art. 340(1), Code of Civil Procedure). Cassation is an extraordinary form of exercising supervision over the legitimacy of judicial decisions and it is applicable only in exceptional cases defined by the Codes of Criminal and Civil Procedure that establish the grounds for cassation. (Art. 369, Code of Criminal Procedure, Art. 346, Code of Civil Procedure). The Supreme Court hears cases exclusively on the questions of law. The objective of the Supreme Court, as a court of cassation, is to ensure uniform court practice of courts of general jurisdiction in the State by means of precedents formulated in the cassation rulings. A ruling passed by the court of cassation is final, cannot be appealed against and effective from the day of its adoption. According to Article 23, Paragraph 2, Subparagraph 1 of the Law on Courts, the interpretation of laws and other legal acts in the rulings, published in the Bulletin of the Supreme Court “Teismų Praktika” (Court Practice), the publishing of which has been approved by the majority of judges of the relevant Division, is taken into consideration by courts, state and other institutions as well as by other persons when applying these laws and other legal acts.

Cases before the Supreme Court are normally heard by a panel of three judges. In the instances where a cassation case involves a complicated issue of interpretation or application of laws, the President of the Supreme Court, the Chairman of the relevant Division, or a panel of judges may forward the case to be heard by an extended panel of seven judges or by a plenary session of the relevant Division. (Articles 366 and 378, and Article 357(1) Code of Civil Procedure).

The Supreme Court also performs other functions provided for by law:

• in compliance with the procedure, established by a special law (Law No. I-180 On Rehabilitation of Persons Repressed for Resistance to the Occupying Regime, adopted on 2 May 1990, with last amendments by Law No. VIII-656 of 12 March 1998) issues the certificates on the restoration of civil rights to persons repressed by judiciary authorities of the occupational regime. Appeals (motions) against a refusal to issue such certificates, or on the revocation of the issued certificates are heard by panels of Criminal Division judges under a procedure established by a special law.
   
• participates in deciding on the disputes over jurisdiction. Disputes over the jurisdiction of a court of general jurisdiction and an administrative court are heard by a special Chamber of judges which includes two representatives of the Supreme Court: the Chairman of the Civil Division of the Supreme Court, who presides over the Chamber, and a judge assigned by the President of the Supreme Court (Art. 37, Law on Courts).