Administracinių ginčų komisijų statusas: konvencialumo diskursas
Article deals with the status of administrative disputes commissions in the context of Article 6 Paragraph 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter – the Convention). In the analysis of the jurisprudence of the European Court of Human Rights, the main characteristics of a concept “court” under Article 6 Paragraph 1 of the Convention are listed. According to the case law of the European Court of Human Rights a body can be viewed as a court if it is independent of the executive and also of the parties; impartial; its members’ term of office has continuity; procedural guarantees are complied within proceedings, especially those, which appear in the text of Article 6 Paragraph 1 of the Convention; proceedings are similar to judicial trial; decisions are binding on the non-judicial authority; it has a power to rule on the questions of fact and law; it has a power to quash a decision of the body below. In the analysis of legal acts of the Republic of Lithuania, regulating legal status and activities of the administrative disputes commissions, characteristics of their status, which are relevant to unravel a notion of a “court” under Article 6 Paragraph 1 of the Convention, are identified. In a comparison of the characteristics of a “court”, established by the European Court of Human Rights, and the characteristics of a legal status of administrative disputes commissions under the law of the Republic of Lithuania, the conclusion is made that municipal administrative disputes commissions does not qualify as a “court” under Article 6 Paragraph 1 of the Convention, because features of their legal status (organizational structure, members appointment procedure) established by law of the Republic of Lithuania does not ensure sufficient guaranties of independency. However, legal status of the Supreme administrative disputes commission has all the characteristics, according to which a body can be recognized as a court within the meaning of Article 6 Paragraph 1 of the Convention.
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