Viešojo intereso gynimas planuojant teritorijas: perspektyvinės tendencijos
The article analyzes issues of legal regulation relating to the protection of public interest in territorial planning. Primarily, the concept of public interest established by the Law on Territorial Planning is examined, being a significant element of the judicial protection of the latter interest. The definition of public interest in territorial planning is based on provisions of the jurisprudence of the Constitutional Court of the Republic of Lithuania and the Supreme Administrative Court of Lithuania. Entities competent to defend public interest in territorial planning are identified. Through the application of the method of systematic analysis, legislation governing territorial planning process and legislation establishing procedures for examining administrative cases are explored. Based on the findings of this analysis, the boundaries of competence of entities having the right to defend public interest are defined. The article focuses on the analysis of legal regulation establishing the rights of the public concerned in the field of defence of public interest. Instances when the public concerned has the right to apply to the court for the protection of public interest in territorial planning are given. Based on the analysis of the of the jurisprudence of the Court of Justice of the European Union and the Supreme Administrative Court of Lithuania, an evaluation is given, whether the national legal regulation, establishing the right for the public concerned to defend public interest, is in conformity with the aims formulated by the Aarhus Convention. Based on the summary of findings of this analysis, a conclusion is made that the legal regulation of the process of territorial planning ascertains sufficient legal guarantees for the effective protection of public interest.
- Articles / Straipsniai