Anonymization of Court Decisions: Are Restrictions on the Right to Information in “Accordance with the Law”?

• Main Authors: Gruodytė Edita, Milčiuvienė Saulė
• Format: Article
• Language: English
• Published: Sciendo 2016-12-01
• Series: Baltic Journal of Law & Politics
• Subjects: lithuania; anonymization; judicial council; separation of powers; european court of human rights
• Online Access: https://doi.org/10.1515/bjlp-2016-0016

In Lithuania rules for the anonymization of court decisions were introduced in 2005. These rules require automatic anonymization of all court decisions, which in the opinion of the authors violates the public interest to know and freedom of expression is unjustifiably restricted on behalf of the right to privacy. This issue covers two diametrically opposed human rights: the right to privacy and the right to information. The first question is how the balance between two equivalent rights could be reached. The second question is whether this regulation is in accordance with the law as it is established in the national Constitution and revealed by the Constitutional Court of the Republic of Lithuania and developed by the jurisprudence of the European Court of Human Rights. The authors conclude that the legislator is not empowered to delegate to the Judicial Council issues which are a matter of legal regulation and suggest possible solutions evaluating practice of the Court of Justice of the European Union, the European Court of Human Rights, and selected EU countries.