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The Supreme Court of Lithuania (SCL), presenting today activities report of 2015 has drawn attention to the worrying tendency in growth of number of cases and correction of mistakes of the state in courts.

In the opinion of the head of the court of cassation Rimvydas Norkus who has opened the event, although there are positive changes in the court system and more cases are examined, there is another side of the picture. Chairman has stressed in his speech that "Courts of Lithuania manage statistical challenges so far and are one of leading in Europe according to the speed of examination of the cases. However, given the dangerous tendency in growth of number of cases measures shall be taken in order to manage this process – promote alternative, more economical-efficient ways of dispute resolution, abandon the functions not typical to the courts, to look for reasons of disagreements and conflicts between people. One of the most frequent – gaps in legal literacy".

R. Norkus has also noted that that the cases become more difficult and the public protects its infringed rights actively, seeks to verify decisions of the courts, to ascertain justice thereof. Therefore, selection of cassation appeals reaching the SCL becomes particularly important. "Particular discernment, ability to select the most difficult and most important cases for the case-law are necessary during the selection of appeals", - has been underlined by the judge.

Lithuanian courts examine more than 300 000 cases per year. About 3 800 appeals regarding decisions of the courts reached the SCL LAT however only 1 200 approximately are accepted for examination. „As can be seen after summing up the statistics that more than a half of the decisions in cases which have reached the supreme instance of the courts remains unchanged “– states the chairman. 

It is evident from the assessment of the workload of the SCL that the Court consisting of 35 judges examines half of percent of all civil cases examined in all courts of first instance and three percent of criminal cases. "The public would want more undoubtedly however workload of the SCL is so big that in case of acceptance of more appeals we would be drowned in the routine of the cases, terms of examination thereof would be long and unpredictable, case-law would become inconsistent and contradictory, “– has been pointed out by R. Norkus. 

While reviewing case-law of the last year and activities of the Court the judges have focused in their presentation on problem of correction of mistakes of the state. They have underlined that it is not only important to acknowledge mistakes of the state but also to correct them properly and learn to avoid them. According the Chairman of Division of civil cases Sigita Rudėnaitė that shall be done by internal means. "We are all paying for the loopholes in the laws and mistakes of the state – not only by money from budget and money of tax payers but by trust worth of the state also and in case the dispute goes beyond the boundaries of Lithuania - by international authority as well", - highlighted the judge.

Chairman has noted in her report that most common mistakes of the state occur in issues of restructuring of ownership. There are 16 so called „land “cases in the European Court of Human Rights related with Lithuania and this comprises 23 percent of all the cases examined. According to the chairman pursuant to the case-law of the SCL, in case the mistake is made and wrong decision is taken by the public servant this become responsibility of the state and not of his own. „Burden of mistake of the state caused by loopholes in the law cannot be transferred to one public servant or officer. Exception is possible in cases of unfair action only “, – has been underlined by the judge.

Attorney at law Algimantas Šindeikis, professor of VU Faculty of philosophy Department of general phycology Gintautas Valickas and judge of the SCL Algis Norkūnas have discussed in the event about portrait of modern judge.

In the beginning of presentation of annual report video material has been demonstrated about the route of the cassation appeal in the Supreme Court of Lithuania. It can be found on the webpage of courts of Lithuania (www.teismai.lt) and on Facebook account of courts of Lithuania. Results of activity of the Supreme Court of Lithuania in 2015 and comments of the judges on the case-law could be found already published in Annual report on the website of the Supreme Court of Lithuania http://www.lat.lt/lt/naujienos/metiniai-pranesimai.html