The Principles of the Charter of Fundamental Rights of European Union and Their Influence over Administrative Law System
##plugins.themes.bootstrap3.article.main##
Abstract
The main aim of this article is to present some of the articles of the European Union Charter of Fundamental Rights (the Charter), and observe the presumptive influence of these articles’ provisions over Lithuanian administrative law system.
The first part of this paper observes the principles of good administration, which are declared in the 41 article of the Charter.
The author presents the implementation of these principles in provisions of the Lithuanian Law on Public Administration.
The part two observes the rights of the elderly protected by the Article 25 of the Charter provisions, and the situation of the elderly persons in Lithuania after the Lithuanian Constitutional Court decision. Part three observes the Law amending the Law of the Republic of Lithuania on Defence of Consumer Rights and this amendment positive aspect. This part of the article is related to the Article 38 of the Charter, which guarantees the high level of consumer protection.
During the time, while discussions arises what the Charter is and what it shall be, when its current legal status is unclear and undefined, the main issue is obvious – the provisions of this document will have an influence over the national constitutional and administrative systems of the Member States.
And the Lithuanian’s administrative system will not be an exception. Considering the issues viewed in this article, the conclusions are, that the declared rights can be protected properly when the individuals, not only public administration institutions, are active and sophisticate in these legal matters, rights and guarantees of the international documents provisions.
Living with or without EU Constitution, the Lithuania has to accept the challenges: to guarantee and to strengthen the protection of fundamental rights by developing society’s legal education. The big part of people maintains, that they do not have enough information where to apply if their rights are violated.
29 December 2004 the Government of the Republic of Lithuania adopted a resolution on the approval of the Societies legal educational program. This resolution confirms that the legal education problems in society became the underlying task of the government to forthcoming next years.
The first part of this paper observes the principles of good administration, which are declared in the 41 article of the Charter.
The author presents the implementation of these principles in provisions of the Lithuanian Law on Public Administration.
The part two observes the rights of the elderly protected by the Article 25 of the Charter provisions, and the situation of the elderly persons in Lithuania after the Lithuanian Constitutional Court decision. Part three observes the Law amending the Law of the Republic of Lithuania on Defence of Consumer Rights and this amendment positive aspect. This part of the article is related to the Article 38 of the Charter, which guarantees the high level of consumer protection.
During the time, while discussions arises what the Charter is and what it shall be, when its current legal status is unclear and undefined, the main issue is obvious – the provisions of this document will have an influence over the national constitutional and administrative systems of the Member States.
And the Lithuanian’s administrative system will not be an exception. Considering the issues viewed in this article, the conclusions are, that the declared rights can be protected properly when the individuals, not only public administration institutions, are active and sophisticate in these legal matters, rights and guarantees of the international documents provisions.
Living with or without EU Constitution, the Lithuania has to accept the challenges: to guarantee and to strengthen the protection of fundamental rights by developing society’s legal education. The big part of people maintains, that they do not have enough information where to apply if their rights are violated.
29 December 2004 the Government of the Republic of Lithuania adopted a resolution on the approval of the Societies legal educational program. This resolution confirms that the legal education problems in society became the underlying task of the government to forthcoming next years.
##plugins.themes.bootstrap3.article.details##
Section
Articles
Authors contributing to Jurisprudence agree to publish their articles under a Creative Commons Attribution-NoDerivatives 4.0 International Public (CC BY-NC-ND) License, allowing third parties to share their work (copy, distribute, transmit) and to adapt it, under the condition that the authors are given credit, and that in the event of reuse or distribution, the terms of this licence are made clear.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
