Žmogaus teisių ir pagrindinių laisvių apsaugos konvencijos įtaka administracinių teismų praktikai teisės į teisingą teismą kontekste
The right to a fair trial has a position of pre-eminence in the Convention, both because of the importance of the right involved and the great volume of applications and jurisprudence that it has attracted. The European Court of Human Rights has stressed that the right to a fair trial holds so prominent place in democratic society that there can be no justification for interpreting Article 6 of the Convention restrictively. In this article the tendencies of application of Article 6 of the Convention in the practice of administrative courts, the analysis of influence of application of the Convention in the practice of administrative courts in the sphere of maintenance of the right to a fair trial in particular administrative cases, as well as the evaluation of combination of provisions of Convention with national provisions proceeded in administrative courts, the questions of conformity of practice of administrative courts with the jurisprudence of the European Court of Human Rights are assessed by examining the jurisprudence of the Supreme Administrative Court of Lithuania. Following the research, conclusion that the Supreme Administrative Court of Lithuania applies and interprets the provisions of the Convention in conformity with the jurisprudence of the European Court of Human Rights can be drawn. Whereas in the cases when insufficient protection of human rights embodied in the Convention is introduced in the national legislation, administrative courts apply directly provisions of the Convention.
- Articles / Straipsniai