Žmogaus teises ginantys principai administraciniame procese
The main notion of this article is based on the issue that the administrative law system's effectiveness in the modern democratic society is associated with the administrative procedure and the administrative process, rather than only with the norm of administrative law which is applied. Notions of due process correlates with the notion of procedural fairness. The Article 5 of the Constitution of Lithuania and its provisions illustrates the main role of the private person and the public authority. The author has chosen the provisions of the main principles of administrative law declared in the European Council recommendations for the comparative analysis with national legal norms and legal practice. The administrative procedures are relating to the disclosure issue; the duty to disclose the information relating to the case matter, even to inform properly about the appeal procedure and terms. Evaluating the fair procedures issue it plays an important role. It is not only the question how to facilitate the private persons condition to apply, it is not just a private person's right to know, but the public authorities duty to provide the correct and proper information. The article ends on a notion, that courts are capable and their duty is to apply the main administrative principles, and their improper application, mistakes or illegal actions during the procedure may form the ground to overturn the individual decision.
- Straipsniai / Articles