Administracinės sankcijos kai kuriose Europos Sąjungos valstybėse: samprata, tipologija ir taikymo principai.
The concept of administrative sanction usually is not used in Lithuanian legal terminology. At present it is more known as administrative penalty and is applied following the basis and process order of the Code of Administrative Law Violations. As we know, administrative penalties are most often allotted by extrajudicial institutions, i.e. subjects of executive authority, what in the opinion of certain authors con tradicts to the Constitution and the constitutional principle of distribution of authority. At present both the new Code of administrative law violations and the Code of administrative proceeding are being prepared. Therefore it is important to clear up whether there are legal obstacles of administrative law violations and sanctions, find out if the institution of administrative responsibilities is incompatible with the above mentioned constitutional principle.Giving a reply to the questions one can have a look at the national legal systems of other countries that have deep democratic traditions (e.g. France, Germany, Italy, etc.) and study their experience which shows that administrative sanctions in many countries are recognized and have a tendency to develop. The aim of the article is to look over the systems of administrative sanctions in some European countries, analyze the fundamentals of legitimacy and shortly discuss the principles of their application. On the grounds of descriptive, systematic analysis and comparative methods it is being tried to answer the questions whether the European countries, like France, Germany, Italy, Portugal, Greece, etc. recognize the administrative law violations and administrative sanctions in their national legal systems and what their conception, the level of their legitimacy, the diversity of the administrative sanctions and the main principles of their application are.
- Articles / Straipsniai