The Relation between the European Law and the National Administrative Justice in the Proceedings of the Supreme Administrative Court of Lithuania
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Abstract
The relation between the European Law and the national administrative justice is the topic which in currently existing legal system of Lithuania seems to be not a novelty only from the first sight. The comparative analysis of this topic reveals the aspects that have not been studied in the national law doctrine and the new aspects of the principles that have already been stated in the jurisprudence. When analyzing the spread of the European legal system from the geographical dimension it becomes obvious that besides the separate national legal systems of the European states, also other legal systems (international legal systems) exist in Europe, one of which is based on the Convention for the Protection of Human Rights and Fundamental Freedoms, and the other one which is based on the legal system of the European Union. Hereinafter in this article the two legal systems are collectively referred to as the European legal systems.
The relation and interaction of the European law with the national administrative justice is analysed according to the principle of the supremacy of law and the right to interpret the applicable law. This is the first such a attempt in the national law doctrine.
The Law on Administrative Proceedings (Article 13) inter alia establishes new tasks for the Supreme Administrative Court of Lithuania: to apply the European Union Law; to ensure the appropriate application of the European Union law, to ensure the uniform practice of the Lithuanian administrative courts. On purpose to call this court as the European court it is necessary to recognize its dual European capacity which has to be based on the Convention for the Protection of Human Rights and Fundamental Freedoms and the application of the European Community law.
Although the European Community Treaty is silent about the principle of the supremacy of law, however the principle of the supremacy of the Community law is applied both in doctrine and practice. The principle of the supremacy of the Community law has been established in the jurisprudence of the European Court of Justice of the European Community when analysing the collision between the law of European Community and the national law (in the historical Costa v. Enel case). It must be noted that in the practice of the Supreme Administrative Court of Lithuania there have been no cases where the Court would have been analysing the question of collision concerning the supremacy of law.
The purpose of adoption of the Convention was to stimulate the observance of law in the democratic society; therefore it is obvious that the states – members of the Convention have undertaken to comply with the provisions of the Convention and to ensure its supremacy in respect of all national legal acts. The Convention does not set forth any conditions or requirements for the states concerning the implementation of the provisions of the Convention. In practice of the Supreme Administrative Court of Lithuania an obvious influence of the Convention and the effect of its application could be observed, such as the examples of the direct application of the Convention and the quotation of the decisions of the European Court of Human Rights.
When ratifying the Convention for the Protection of Human Rights and Fundamental Freedoms, the Republic of Lithuania has also acknowledged the obligation of the jurisprudence of the European Court of Human Rights.
The Treaty establishing the European Community obliges the European Court of Justice to ensure that when interpreting and applying the said Treaty, the law shall always be observed. The European Court of Justice has been recognized as the guardian of the law. The European Court of Justice has noted in its practice that only the Court itself is entitled to interpret the Community law officially. The Supreme Administrative Court of Lithuania, being the supreme judicial instance in the extraordinary – administrative – jurisdiction has a duty to apply to the European Court of Justice for the preliminary decision in case the question of interpretation or effect of the Community law occurs.
The practice of the national administrative justice shows that the administrative courts can not avoid the requirements which are set forth by the European law. The Supreme Administrative Court of Lithuania presents good abilities to adapt in the new legal space retaining the particularity of judicial functions performed by it herewith.
The relation and interaction of the European law with the national administrative justice is analysed according to the principle of the supremacy of law and the right to interpret the applicable law. This is the first such a attempt in the national law doctrine.
The Law on Administrative Proceedings (Article 13) inter alia establishes new tasks for the Supreme Administrative Court of Lithuania: to apply the European Union Law; to ensure the appropriate application of the European Union law, to ensure the uniform practice of the Lithuanian administrative courts. On purpose to call this court as the European court it is necessary to recognize its dual European capacity which has to be based on the Convention for the Protection of Human Rights and Fundamental Freedoms and the application of the European Community law.
Although the European Community Treaty is silent about the principle of the supremacy of law, however the principle of the supremacy of the Community law is applied both in doctrine and practice. The principle of the supremacy of the Community law has been established in the jurisprudence of the European Court of Justice of the European Community when analysing the collision between the law of European Community and the national law (in the historical Costa v. Enel case). It must be noted that in the practice of the Supreme Administrative Court of Lithuania there have been no cases where the Court would have been analysing the question of collision concerning the supremacy of law.
The purpose of adoption of the Convention was to stimulate the observance of law in the democratic society; therefore it is obvious that the states – members of the Convention have undertaken to comply with the provisions of the Convention and to ensure its supremacy in respect of all national legal acts. The Convention does not set forth any conditions or requirements for the states concerning the implementation of the provisions of the Convention. In practice of the Supreme Administrative Court of Lithuania an obvious influence of the Convention and the effect of its application could be observed, such as the examples of the direct application of the Convention and the quotation of the decisions of the European Court of Human Rights.
When ratifying the Convention for the Protection of Human Rights and Fundamental Freedoms, the Republic of Lithuania has also acknowledged the obligation of the jurisprudence of the European Court of Human Rights.
The Treaty establishing the European Community obliges the European Court of Justice to ensure that when interpreting and applying the said Treaty, the law shall always be observed. The European Court of Justice has been recognized as the guardian of the law. The European Court of Justice has noted in its practice that only the Court itself is entitled to interpret the Community law officially. The Supreme Administrative Court of Lithuania, being the supreme judicial instance in the extraordinary – administrative – jurisdiction has a duty to apply to the European Court of Justice for the preliminary decision in case the question of interpretation or effect of the Community law occurs.
The practice of the national administrative justice shows that the administrative courts can not avoid the requirements which are set forth by the European law. The Supreme Administrative Court of Lithuania presents good abilities to adapt in the new legal space retaining the particularity of judicial functions performed by it herewith.
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Please see Copyright and Licence Agreement for further details.
