Introduction

• Author: Davulis, Tomas
• Pages: 5-5

5

1 Introduction

1.1 Basic structure of the national legal system

The Republic of Lithuania is a unitary state where legislative authority is vested in the

central go vernment. The regulatory au thority i s vested in the Parliament (the Seimas),

whereas the implementation and execution of legislation is among the main competenc es

of the G overnment (Vyriausyb) and its ministries and agencies. Local administration or

regional institutions have no significant competence in the implementation of the principle

of equal treatment.

The Parliamentary Human Rights Committee supervises implement ation of equal

opportunities p olicies a nd ass esses legislat ive initiatives in this field. Draft legislation is

mainly drafted at the level of the Executive by t he Ministry of Social Security and Labour,

which is responsible f or implem entation of the principl e of equal treatment. The

independent Equal Opportunities Ombudsperson is appointed by Parliament and is

entrusted with supervising implementation of equality legislation. He/she is the head of a

public authority – the Office of the Equal Opportunities Ombudsperson – which is also

responsible for implementation of the principle of equal treatment on several other

grounds. The principle of non-discrimination has also been developed in the legislation on

employment, namely in the Labour Code. The task of supervision and monitoring of the

implementation of employment legislation is vested in the State Labour Inspecto rate.

1.2 List of main legislation transposing and implementing the directives

Lithuanian legislation transposing and implementing Directives:

- the Labour Code;1

- the Equal Opportunities Act for Women and Men (EOAWM); 2

- the Equal Opportunities Act (EOA).3

1.3 Sources of law

Legislation in the form of ordinary laws (istaty mai) is adopted by Parliament. Ordinary

laws constitute the major instrument for establishing imperative rules in the area of equal

treatment. Resolutions (nutarimai) of the Governm ent of the Republic of Lithuania

constitute a limited source of gender equalit y law in Lithuania, since they may regulate

relations between individuals only in specific cases and to the extent determined by the

ordinary laws.

The decisions and opinions of the Equal Opportu nities Ombudsperson are not considered

a source of law. In court proceedings the Office of the Equal Opportunities Ombudsperson

is recognised merely as an amicus curiae, either invited or on its own init iative. Case law

in the field of equal opportunities is almost non-existent because of the reluctance of

victims to initiate legal actions in the courts or pre-trial proceedings in employment cases.

Scholarly interpretations are also not significant, as they are very ra re.

1 Teiss akt registras (Register of Legal Acts) 2016, No. 23709. The annex to the Code indicates that it

transposes Directives 2006/54/EC, 2010/18/EU.

2 Valstybs žinios (Official Gazette) 1998, No. 112-3100. An unofficial (not updated) translation into English

is available on the website of the Lithuanian Parliament at: https://e-

seimas.lrs.lt/portal/legalAct/lt/TAD/488fe061a7c611e59010bea026bdb259?jfwid=q8i88l7y0. A new version

of the Act was adopted on 8 November 2016. Teiss akt registras 2016, No. 26966, available (in

Lithuanian) at: https://www.e-tar.lt/portal/lt/legalAct/TAR.746227138BCB/asr. The annex to the Act

indicates that it transposes Directives 2004/113, 2006/54/EC, 2010/14/EU, 2014/54/EU.

3 Valstybs žinios 2003, No. 114-5115. An unofficial (not updated) translation into English is available on the

website of the Lithuanian Parliament at: https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.389500?jfwid=-

oo3xjf4tu. A new version of the Act was adopted on 8 November 2016. Teiss akt registras 2016, No.

26967, available (in Lithuanian) at: https://www.e-

tar.lt/portal/lt/legalAct/0dfc3020ac9311e6b844f0f29024f5ac. The annex to the Act indicates that it

transposes Directives 2006/54/EC and 2010/41/EU.