Apeliacija administraciniame procese : |b teisės kreiptis į Lietuvos vyriausiąjį administracinį teismą ribojimo galimybės.
The article deals with the prerequisites to limit the right of appeal to the Supreme Administrative Court of Lithuania and possible methods of limitation of this right. Limitations of the right to appeal,as one of the most important procedural guarantees, are not and can not be selfexplanatory - they are justified by the aim to ensure the reasonable balance between the necessity to eliminate possible mistakes of the court of lower instance and the proper fulfillment of a task of the court of highest instance to ensure the undivided judicial practice. The system of administrative courts of Lithuania, as distinct from the system of courts of general jurisdiction, is twotiered. The Supreme Administrative Court of Lithuania was created as a court of ordinary appeal; therefore possibilities to limit the right of appeal to this court were not discussed more widely. However, the Supreme Administrative Court of Lithuania although functioning as a court of ordinary appeal, not as cassation court, is the last judicial instance in administrative cases, which main task is to ensure the proper application of laws and undivided judicial practice of administrative courts. Thus functions of the Supreme Administrative Court of Lithuania can not be equated to the functions of appellate courts of general jurisdiction. The task assigned to the Supreme Administrative Court of Lithuania, enormous caseload of this court, quite high percentage of the decisions of regional administrative courts, which are left unchanged after appeal and peculiarities of procedure for hearing administrative disputes should be regarded as prerequisites to discuss seriously the possibility to fix some limitations of the right of appeal to the Supreme Administrative Court in the newly drafted Code of Administrative Procedure of Lithuania.
- Articles / Straipsniai