Twenty Years of Lithuania’s Membership in the EU: The Evolution of Law and Challenges Ahead

On 24 May, Vilnius University (VU) hosted a special event – the international scientific conference, ‘The Republic of Lithuania in the European Union: Twenty Years of Experience, Challenges and Growth’, organised by the Faculty of Law. The conference focused on the evolution of European Union (EU) law, Lithuania’s progress, and the challenges facing the EU in the future. Moreover, the dedicated film ‘Lithuania Marks the 20th Anniversary of Its European Union Membership’ was also created specifically for this occasion.

‘The rule of law is one of the founding principles that have shaped Europe from ancient and medieval times to the present day. European culture and its history have been characterised by achievements in the legal field, defining social and individual rights,’ said Prof. Rimvydas Petrauskas, Rector of Vilnius University, in his opening speech.

Assoc. Prof. Dr Haroldas Šinkūnas, Dean of the VU Faculty of Law, believes that in the last 20 years, Lithuania has grown stronger, allowing us to work, travel, and breathe freely: ‘At the same time, we hope that we have helped the EU become stronger, more prosperous, and open.’
In her welcome address, Viktorija Čmilytė-Nielsen, Speaker of the Seimas of the Republic of Lithuania, stressed the need to support Ukraine and Moldova and highlighted the significance of unity: ‘Europe’s challenges can only be addressed through collective action. Every crisis has only strengthened the EU. We hope this will continue in the future.’

The event featured a special guest

Prof. Koen Lenaerts, President of the Court of Justice of the European Union (CJEU) and Honorary Doctor (Doctor Honoris Causa) of VU, delivered a keynote speech at the conference. He outlined the constitutional principles to which EU candidate countries are committed. First, according to the Professor, they agree to align their constitutional provisions with EU values; second, they commit to preserve further and defend values which, if ignored, would lead to the collapse of democracy.

He emphasised that the fundamental values of the EU will endure. Prof. Koen Lenaerts believes they must serve as a compass to guide both the EU and each Member State through the uncharted waters of an ever-changing world.

According to Luís Miguel Poiares Pessoa Maduro, Dean of Católica Global School of Law and Professor at the School of Transnational Governance of the European University Institute, the EU plays a crucial role in ensuring democracy.

Moreover, the EU and the world as a whole are now facing democratic challenges. Opinion polls have also confirmed this, showing low levels of satisfaction with democracy in EU countries. However, the Professor is convinced that the EU provides optimism in overcoming these obstacles.

Assoc. Prof. Dr Indrė Isokaitė-Valužė from the VU Faculty of Law summarised that ‘EU membership is not just a choice based on the values reflected in national constitutions, and the EU’s objectives are not just the norms set by EU Treaties. It is important that these values – ideas, especially those related to peace, freedom, and prosperity – thrive in European society, and what is more, that they are protected, strengthened, and passed on to future generations.’

European integration and the evolution of the legal system

Assoc. Prof. Dr Irmantas Jarukaitis, Judge at the CJEU, noted that there is a very close symbiotic relationship between the CJEU and national courts. According to him, one of the functions of the CJEU is to protect the EU’s fundamental values, thereby stabilising governance both at the EU and national levels.

Prof. Ineta Ziemele, Judge at the CJEU and Latvian scholar, pointed out that European courts are known for their competence and constant commitment to fundamental values.

Prof. Stefan Kadelbach, Dean of the Faculty of Law of Goethe University Frankfurt, highlighted the three aspects affecting the EU’s external relations: economic interests, geopolitical objectives, and the promotion of the EU’s constitutional principles and values. He believes that these objectives should be balanced in the future. This could be achieved by harmonising procedures at the intergovernmental level and further enlarging the EU.

According to Prof. Kadelbach, the successful enlargement of the EU eastward demonstrates that, in the long run, European integration not only helps the acceding countries but also strengthens the EU itself, both in terms of the visibility of its principles and the pursuit of its external interests.

Danguolė Bublienė, President of the Supreme Court of Lithuania and Associate Professor at the VU Faculty of Law, discussed the principle of effectiveness and its impact on the enforcement of consumer rights. Her presentation focused on the nature of this principle, its evolution, its links with other general principles of EU law, the fragmented practice of its application, and the challenges it poses for national judges.

‘There is a need for a coherent and comprehensive analysis of the case law of the Court of Justice, an evaluation of the rationality and realism of its impact on national law, and, in particular, an assessment of the need for systemic change,’ stated the President of the Supreme Court.

The future of the EU

While speaking about the future of the EU, Prof. Dr (HP) Egidijus Kūris, Professor at the VU Faculty of Law and Judge of the European Court of Human Rights (2013–2024), said that ‘The legal anchoring of Lithuania’s EU membership has not been very coherent’. He identified the problems encountered by the Constitutional Court of the Republic of Lithuania in applying EU law.

According to Prof. Kūris, the jurisprudence of the CJEU is one of the sources for the development of national law: ‘The CJEU’s jurisprudence is a crucial source for interpreting Lithuanian constitutional law – not the law itself but its interpretation.’

Another speaker, Skirgailė Žalimienė, Professor at the VU Faculty of Law and President of the Supreme Administrative Court of Lithuania, gave a speech on the protection of fundamental rights in Lithuanian courts. She also noted that EU and national law are complementary to each other. According to Prof. Žalimienė, European courts emphasise the synthesis between EU law and the Constitution, as both were adopted voluntarily.

‘In our practice, we do not have any clear examples of intersections between the standard of application of EU law and the standard of the Constitution, while the examples given are more related to questions of best practices,’ said the President of the Supreme Administrative Court.