The Principle of Proportionality and Its Implementation in Lithuanian Administrative Law

• Authors: Aušra Kargaudienė
• Languages of publication: EN

Abstracts

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.

Keywords

EN

Principle of proportionality; administrative court; administrative authorities; private person; administrative discretion

• Publisher: Sciendo
• Journal: Baltic Journal of Law & Politics
• Year: 2008
• Volume: 1
• Issue: 1
• Pages: 41-53

Dates

published

2008-01-01

online

2009-01-30

Contributors

author

Aušra Kargaudienė

• Vytautas Magnus University Faculty of Law, Lithuania

References

• Administration and You: Principles of Administrative Law Concerning the Relations between Administrative Authorities and Private Persons: A Handbook. Council of Europe publishing, 1996.
• Bilak, Daniel A. "Administrative Justice in Lithuania." An Assessment, United Nations Development Programme (Vilnius, November 2003).
• G.P. v State. The Supreme Administrative Court of Lithuania, 2006, no. N5 - 1886.
• K.Š. v State. The Supreme Administrative Court of Lithuania, 2003, no. N12-1580-03.
• Kūris, Egidijus. "Constitution of the Republic of Lithuania and the challenges of the Community law." Justitia 6 (2004): 33-38.
• Law of the Administrative Legal Proceedings. Official Gazette, 1999, no. 13-308.
• Law on Public Administration. Official Gazette, 1999, no. 60-1945.
• Ruling on not Returning of the Driving Licence as a Measure of Ensuring Administrative Proceedings. The Constitutional Court of the Republic of Lithuania, 2001, no. 11/2000.
• Ruling on State Social Insurance Pensions. The Constitutional Court of the Republic of Lithuania, 2002, no. 41/2000.
• The Consultation of the Supreme Administrative Court of Lithuania. The Supreme Administrative Court of Lithuania, Practice of Administrative Courts, 2001, no. 2 //
• UAB Bitė v. The Communications Regulatory Authority. The Supreme Administrative Court of Lithuania, 2004, no. P1-12/2004.
• UAB Omnitel v. The Communications Regulatory Authority. The Supreme Administrative Court of Lithuania, 2004, no. P1-13/2004.
• V.B. v State. The Supreme Administrative Court of Lithuania, 2008, no. N 575 - 1742/08.

Identifiers

DOI

10.2478/v10076-008-0003-3