Teisės aiškinimo problemos šiuolaikinėje Lietuvos administracinėje teisėje

Abstract

The article examines some of the problems related to interpretation of the provisions of administrative law. It stresses the special role of administrative law as a legal branch designated to concretise constitutional law and to establish legal mechanisms for realisation of provisions of the Constitution. Basing on such an understanding of administrative law the article is focused on the importance of interpretation of the provisions of administrative law. It is attempted to be shown via an understanding of public governance as a process of law creation and application. It is stressed that interpretation of administrative law allows the law applicator (subject of governance) to perceive substance of legal provisions, while objects of governance get easier to understand the legal grounds for application of governance towards them as well as legal limits and opportunities for possible actions. The notion and meaning of interpretation of legal provisions are analysed as well as its influence to legislation and application of the provisions of administrative law. The article gives some attention to distinguishing between causal and normative interpretation of administrative law in the courts decisions. The problems of application of provisions of administrative law are discussed in a wider scope by stressing the issues related to subjects of application of such provisions as well as to legal proceedings of administrative infringements. The article focuses on the importance of jurisprudence of the Constitutional Court for interpretation of provisions of administrative law, since the major part of sources of public law that are investigated by the Constitutional Court are legal acts fully or in part made up of provisions of administrative law. The importance of interpretation of provisions of administrative law for the contemporary Lithuanian administrative law is stressed because of its ascertained features of precedent law emerging because of the influence of the European Union law that experiences a merge of continental and general tradition. The practice of the European Court of Human Rights is analysed to understand various administrative coercion measures to ensure proceedings of infringements of administrative law. Considerable attention is given to scientific law interpretation the theories of which are usually used and referred to by subjects of official administrative law interpretation.