Problems of regulation of protection of public interest in civil procedure
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Abstract
The present article examines the bills recently presented in Lithuania with the aim to improve legislative regulation of public interest protection in civil procedure, and conformity of such regulation to general requirements of civil procedure law and the main principles of civil procedure law.
During the examination it was found that, in the bills, legislative norms of civil and administrative procedure of public interest protection institution are not codified, and it is intended to regulate legislative relations of public interest protection in civil and administrative procedures by means of a separate special law. Codification of legislative norms, however, is a positive phenomenon to be aimed at in legislation. The civil procedure law is a codified legislative branch, and therefore when making new norms of civil procedure law they should be placed in the Civil Procedure Code. The name of the bill on protection of public interest in civil and administrative procedure does not correspond to the contents of the bill. The same legislative norms are repeated in different bills, and this is not a positive thing in legislation. Definitions of the public interest as presented in the bills are not clear and accurate, they lack legal precision, since objective criteria and normative characteristics of public interest are not provided. In the presented definitions of public interest, it is inadmissibly identified with the object of public interest. The bills suggest negative assumptions of the right to apply to court, which implies unjustified and illegitimate intention to limit the right of persons to apply to courts with lawsuits, complaints or applications concerning defence of public interest.
The author recommends changing the name of the bill on protection of public interest in civil and administrative procedure, so that it corresponds to the contents of the bill, and transferring the legislative norms of civil and administrative procedure as presented in the bill to the Civil Procedure Code and the Law on Administrative Proceedings of the Republic of Lithuania, also establishing objective criteria and normative characteristics of public interest, and rejecting all the negative assumptions of the right to apply to courts, with the help of which it is intended to limit the right of persons to apply to courts with lawsuits, complaints or applications concerning protection of public interest, since they contradict general requirements of the civil procedure law doctrine and the main principles of the civil procedure law.
During the examination it was found that, in the bills, legislative norms of civil and administrative procedure of public interest protection institution are not codified, and it is intended to regulate legislative relations of public interest protection in civil and administrative procedures by means of a separate special law. Codification of legislative norms, however, is a positive phenomenon to be aimed at in legislation. The civil procedure law is a codified legislative branch, and therefore when making new norms of civil procedure law they should be placed in the Civil Procedure Code. The name of the bill on protection of public interest in civil and administrative procedure does not correspond to the contents of the bill. The same legislative norms are repeated in different bills, and this is not a positive thing in legislation. Definitions of the public interest as presented in the bills are not clear and accurate, they lack legal precision, since objective criteria and normative characteristics of public interest are not provided. In the presented definitions of public interest, it is inadmissibly identified with the object of public interest. The bills suggest negative assumptions of the right to apply to court, which implies unjustified and illegitimate intention to limit the right of persons to apply to courts with lawsuits, complaints or applications concerning defence of public interest.
The author recommends changing the name of the bill on protection of public interest in civil and administrative procedure, so that it corresponds to the contents of the bill, and transferring the legislative norms of civil and administrative procedure as presented in the bill to the Civil Procedure Code and the Law on Administrative Proceedings of the Republic of Lithuania, also establishing objective criteria and normative characteristics of public interest, and rejecting all the negative assumptions of the right to apply to courts, with the help of which it is intended to limit the right of persons to apply to courts with lawsuits, complaints or applications concerning protection of public interest, since they contradict general requirements of the civil procedure law doctrine and the main principles of the civil procedure law.
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