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  1. 2 Baltic Journal of Law & Politics

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  1. 2 Kargaudienė A.

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  1. 1 2011

  2. 1 2008

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1

The Principle of Proportionality and Its Implementation in Lithuanian Administrative Law

100%
Kargaudienė A.
Baltic Journal of Law & Politics
|
2008
|
vol. 1
|
issue 1
41-53
EN
This article deals with the role of the principle of proportionality in the system of Lithuanian administrative law.The aim of this article is to observe the implementations of the principle of proportionality in Lithuanian administrative law and the application of this principle in Lithuanian courts. This paper offers an examination of the nature of the principle of proportionality in administrative law, a review of the representation of this principle in Lithuanian legislation, and in particular makes an observation of the role of this principle in the judicial review of Lithuanian courts - specifically, the Constitutional Court of the Republic of Lithuania and the Supreme Administrative Court of Lithuania. The article reviews the recent practice of these courts.The article consists of two main parts: a review of relevant legislation and a review of the implementation of this principle in Lithuanian courts. In connection with the place and importance of the principle of proportionality in Lithuanian administrative law, this article distinguishes two fields for the implementation of this principle: (1) the application of the principle of proportionality when the subject of public administration makes the decision on a private person and (2) an assessment of the legitimacy of the decision made by the subject of public administration in the judicial process on the basis of this principle.
2

Individual Constitutional Complaint in Lithuania: Conception and the Legal Issues

100%
Kargaudienė A.
Baltic Journal of Law & Politics
|
2011
|
vol. 4
|
issue 1
154-168
EN
This article presents the concept of individual constitutional complaint and its fundamental conditions as well as the basic provisions for its development in Lithuania. The article presents currently applicable fundamental constitutional provisions which define the subjects who may refer to the Constitutional Court of the Republic of Lithuania regarding compliance of the legal act with the Constitution, and the grounds for submission of such complaint. The doctrine of the individual constitutional complaint is defined by the author on the basis of case law of Lithuanian Constitutional Court. The author presents several examples concerning with this topic; the author discuses fundamental provisions related to the issue of individual constitutional complaint which has been approved as a new conception by the Seimas (the Parliament). The following provisions are established by the Constitution and the case law of the Constitutional Court of the Republic of Lithuania: the person whose constitutional rights or freedoms are violated shall have the right to apply to the court, the right to apply to the court is an absolute one, the Constitutional Court - a judicial institution, the Constitution is a directly applicable act, everyone may defend his or her rights by invoking the Constitution. These provisions are provided in the conclusions of the article by defining their constitutional nature. This situation allows debate about the importance of the individual constitutional complaint. And the debates raise the issue of the fundamental premises of this complaint.
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