Legal issues concerning judicial control of the legality of normative administrative acts.
MetadataShow full item record
The Article analyses constitutional preconditions which secure the legitimacy of administrative normative acts, concept of administrative normative act in jurisprudence of administrative courts and procedural problematic aspects in review of legality of normative administrative acts. The article summarizes jurisprudence of the Supreme administrative court of Lithuania, which forms the notion of an administrative act. Court practice on this issue is very important, because the procedure of judicial review of normative administrative acts is specific because the right to file a petition for the review of administrative normative acts is provided only to an expressly defined group of subjects. The Law on Administrative Proceedings provides only notions of normative and individual legal acts; however, administrative law doctrine together with normative and individual legal acts lays down one more type of administrative acts – composite administrative acts. These are the acts, which contain both legal norms and individual orders. This formalisation of the concept of the normative administrative act by law, which does not in all cases correspond to the tendencies of development of legal doctrine, prevents flexible judicial interpretation of the notion of normative administrative acts. The object of review of legality of a normative administrative act is not an individual dispute arising from specific substantial administrative legal relationbut normative legal acts adopted by institutions of the executive. Administrative court, while deciding a case concerning the legality of normative administrative act, does not resolve administrative dispute concerning the infringed rights of a specific interested person but verifies the compliance of a contested normative administrative act (or parts thereof) with legal acts of superior power. Therefore, the nature of the dispute concerning the examination of legality of such normative administrative acts, in author’s opinion, requires special rules for such proceedings. However, the procedure of this category of administrative cases is conducted according to the common procedural norms which regulate resolution of administrative disputes concerning rights infringed or interests secured by the law.
- Articles / Straipsniai