Supreme Administrative Court of Lithuania

Last updated
Supreme Administrative Court of Lithuania in Vilnius Supreme Administrative Court of Lithuania.jpg
Supreme Administrative Court of Lithuania in Vilnius

The Supreme Administrative Court of Lithuania (Lithuanian : Lietuvos vyriausiasis administracinis teismas) was formed and started its activities from the 1st of January 2001, following the amendment of Law on the Establishment of Administrative Courts of 19 September 2000. [1]

The Supreme Administrative Court is composed of the President, the Vice-president and other justices. [2] At present there are nineteen justices serving at the Court. [3] Cases at the Supreme Administrative Court are heard by a chamber of three justices, an extended chamber of five or seven justices or a plenary session of the Supreme Administrative Court. [4]

The Supreme Administrative Court of Lithuania, as the supreme judicial institution in administrative cases, develops uniform case-law of administrative courts in interpreting and applying laws and other legal acts. Individuals, persons defending public interest and other persons, defending themselves against unlawful actions of state authorities (officials), usually first apply to courts of the first instance, the decisions of which may then be appealed against the Supreme Administrative Court of Lithuania. Rulings of the Supreme Administrative Court of Lithuania are final and not subject to appeal. [5] [1]

The Supreme Administrative Court is also the first and final instance for certain categories of administrative cases assigned to its jurisdiction by law. According to the Law on Administrative Proceedings, it hears petitions on the reopening of proceedings in administrative cases ended by res judicata court judgements, investigates requests by entities of municipal administration to present conclusions whether a member of municipal administration has broken an oath, as well as requests by State Data Protection Inspectorate to address EU judicial authority where European Commission decision is in doubt. Furthermore, resolution of disputes concerning breaches of the laws on election or referendum is also assigned to the jurisdiction of administrative courts. Persons specified in the Law on Presidential Elections, the Law on Elections to the Seimas, the Law on Referendum and the Law on Elections to Municipal Councils are entitled to file petitions concerning decisions of the Central Electoral Commission directly to the Supreme Administrative Court of Lithuania. [1]

Since 2015 the Supreme Administrative Court of Lithuania is also assigned to hear cases concerning requests of municipal councils and to present conclusions as to whether a member of a municipal council or a mayor, against whom a procedure of loss of mandate has been started, has breached their oath and (or) failed to exercise the powers assigned to them by laws. The findings are final and not subject to appeal. [1]

Certain individuals may apply directly to the Supreme Administrative Court of Lithuania in particular cases prescribed by law. For example, members of the Parliament of the Republic of Lithuania (the Seimas), courts and others. [1]

Related Research Articles

Politics of Lithuania

Politics of Lithuania takes place in a framework of a unitary semi-presidential representative democratic republic, whereby the President of Lithuania is the head of state and the Prime Minister of Lithuania is the head of government, and of a multi-party system.

In the United States, a state court has jurisdiction over disputes with some connection to a U.S. state. State courts handle the vast majority of civil and criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and handle different types of cases.

United States courts of appeals Post-1891 U.S. appellate circuit courts

The United States courts of appeals or circuit courts are the intermediate appellate courts of the United States federal judiciary. The courts are divided into 13 circuits, and each hears appeals from the district courts within its borders, or in some instances from other designated federal courts and administrative agencies. Appeals from the circuit courts are taken to the Supreme Court of the United States. The district, appellate, and Supreme courts are all authorized under Article Three of the United States Constitution.

Court of Cassation (France)

The Court of Cassation is one of the four courts of last resort in France. It has jurisdiction over all civil and criminal matters triable in the judicial system, and is the supreme court of appeal in these cases. It has jurisdiction to review the law, and to certify questions of law, to determine miscarriages of justice. The Court is located in the Palace of Justice in Paris.

Judicial Yuan

The Judicial Yuan is the judicial branch of the government of the Republic of China on Taiwan. It runs a Constitutional Court and oversees all systems of courts in Taiwan, including ordinary courts like the supreme court, high courts, district courts as well as special courts like administrative courts and disciplinary courts. By Taiwanese law, the Judicial Yuan holds the following powers:

Seimas Unicameral parliament of Lithuania

The Seimas of the Republic of Lithuania, or simply the Seimas, is the unicameral parliament of Lithuania. The Seimas constitutes the legislative branch of government in Lithuania, enacting laws and amendments to the Constitution, passing the budget, confirming the Prime Minister and the Government and controlling their activities.

Constitution of Lithuania

The Constitution of the Republic of Lithuania defines the legal foundation for all laws passed in the Republic of Lithuania. It was approved in a referendum on 25 October 1992.

Municipalities of Lithuania

Lithuania is divided into three layers of administrative divisions. The first-level division consists of 10 counties. These are sub-divided into 60 municipalities, which in turn are further sub-divided into over 500 smaller groups, known as elderships.

Elections in Lithuania

Elections in Lithuania, are held to select members of the parliament, the president, members of the municipal councils and mayors, as well as delegates to the European Parliament. Lithuanian citizens can also vote in mandatory or consultative referendums.

Court of Cassation (Belgium)

The Court of Cassation of Belgium is the supreme court of the Belgian judiciary. The Court is composed of thirty judges with life tenure who are nominated by the High Council of Justice of Belgium and appointed by the Belgian federal government. The Court handles cases in the two main languages of Belgium, being Dutch and French, and provides certain facilities for cases in German. The Court is assisted in its work by a public prosecutor's office and a bar association, which both function separately from other structures. The duty of the public prosecutor's office is to provide advisory opinions to the Court on how the law ought to be interpreted and applied. The attorneys of the Court's bar association assist litigants in proceedings before the Court; in certain cases their assistance is mandatory.

Supreme Court of Russia National supreme court

The Supreme Court of the Russian Federation is a court within the judiciary of Russia and the court of last resort in Russian administrative law, civil law and criminal law cases. It also supervises the work of lower courts. Its predecessor is the Supreme Court of the Soviet Union.

LGBT rights in Lithuania Rights of LGBT people in Lithuania

Lesbian, gay, bisexual and transgender (LGBT) people in Lithuania face legal and social challenges not experienced by non-LGBT citizens. Both male and female same-sex sexual activity is legal in Lithuania, but neither civil same-sex partnership nor same-sex marriage is available, meaning that there is no legal recognition of same sex couples, so LGBT people do not enjoy all of the rights that non-LGBT people have, and same sex couples in the country do not enjoy the same legal recognition that is given to opposite sex couples. Although homosexuality was decriminalised in 1993, the historic legacy has only resulted in rights for LGBT people that are limited at best. Protection against discrimination was legislated for as part of the criteria for European Union accession and in 2010 the first gay pride parade took place in Vilnius.

Constitutional Court of Lithuania

The Constitutional Court of the Republic of Lithuania is a special court established by the Constitution of the Republic of Lithuania of 1992; it began the activities after the adoption of the Law on Constitutional Court of the Republic of Lithuania on February 3, 1993. Since its inception, the Court has been located in the city of Vilnius, Gediminas Avenue.

Lithuanian nationality law

Lithuanian nationality law operates on the jus sanguinus principle, whereby persons who have a claim to Lithuanian ancestry, either through parents, grandparents, great-grandparents may claim Lithuanian nationality. Citizenship may also be granted by naturalization. Naturalization requires a residency period, an examination in the Lithuanian language, examination results demonstrating familiarity with the Lithuanian Constitution, a demonstrated means of support, and an oath of loyalty. A right of return clause was included in the 1991 constitution for persons who left Lithuania after its occupation by the Soviet Union in 1940 and their descendants. Lithuanian citizens are also citizens of the European Union and thus enjoy rights of free movement and have the right to vote in elections for the European Parliament.

Judiciary of Sweden

The judicial system of Sweden consists of the law of Sweden and a number of government agencies tasked with upholding security and rule of law within the country. The activities of these agencies include police and law enforcement, prosecution, courts, and prisons and other correctional services.

The Supreme Council – Restoration Seimas of the Republic of Lithuania, was the supreme governing body, elected in 1990. The first meeting was held on 10 March 1990, the last – 11 November 1992.

Judiciary of Croatia

The judiciary of Croatia is a branch of the Government of Croatia that interprets and applies the laws of Croatia, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system of Croatia is a civil law system, historically influenced by Austrian, Hungarian and Yugoslav law, but during the accession of Croatia to the European Union, the legal system was almost completely harmonised with European Union law. The Constitution of Croatia provides for an independent judiciary, led by a Supreme Court and a Constitutional Court. The Ministry of Justice handles the administration of courts and judiciary, including paying salaries and constructing new courthouses. It also administers the prison system.

Sixth Seimas of Lithuania

The Sixth Seimas of Lithuania was the first parliament (Seimas) elected in Lithuania after it restored independence on 11 March 1990. Elections took place on 25 October 1992, with the second round on 15 November. In a surprisingly decisive outcome, the elections were won by Democratic Labour Party of Lithuania (LDDP), with 73 seats. The result reflected widespread dissatisfaction with the economic situation and the policies of the ruling Sąjūdis political movement in the preceding Supreme Council of Lithuania.

Supreme Court of Azerbaijan is the highest court instance and final court of appeal of three-staged judicial system in Azerbaijan. Established in pursuant Article 131 of the Constitution of the Republic of Azerbaijan and Article 77 of the Law "on Courts and Judges". Supreme Court has competence to carry out justice on civil, criminal disputes and other cases related to the execution of general or specialized courts. Despite being established in Baku, its jurisdiction apply to entire territory of the Republic of Azerbaijan.

The Supreme Tribunal of Lithuania was the highest court in interwar Lithuania. Officially established in December 1918, the court held its first proceedings in August 1919. Initially, it served as an appeals court for cases first decided by the district courts. Its competency was steadily expanded to encompass cases referred from the Army Court in July 1919, cassation cases from the justices of the peace in June 1921, cases from the Klaipėda Region (Memelland) in 1923, and certain functions of an administrative court. The judicial reform in 1933 created a new appeals court leaving the Supreme Tribunal with functions of a court of cassation and an administrative court. Its main task was to interpret and consistently apply the laws. The tribunal handled some controversial high-profile cases, including the case of Prime Minister Augustinas Voldemaras and corruption cases of Prime Minister Vytautas Petrulis and Minister of Foreign Affairs Juozas Purickis. The court was abolished and replaced by the Supreme Court of the Lithuanian SSR in September 1940. The tribunal was briefly resurrected during the German occupation of Lithuania.

References

  1. 1 2 3 4 5 "The Court". lvat.lt. Retrieved 11 July 2019.
  2. "Structure". lvat.lt. Retrieved 11 July 2019.
  3. "Justices". lvat.lt. Retrieved 11 July 2019.
  4. "Lietuvos Respublikos administracinių bylų teisenos įstatymas (Article 43)". e-tar.lt (in Lithuanian). Retrieved 11 July 2019.
  5. "How to apply". lvat.lt. Retrieved 11 July 2019.