The Analysis of the Application of Protection Measures in Practice of the Supreme Administrative Court of Lithuania During 2010 (article in Lithuanian)

Mantas Arasimavičius

Abstract


Protection measures in the administrative procedure are regulated by the Law on Administrative Procedure of the Republic of Lithuania. These measures are applied when there is a risk of aggravation of execution of future administrative court decision taken in favour of the petitioner. The law provides a fixed number and types of possible protection measures, namely: 1) temporary suspension of an administrative decision in question; 2) prohibition of certain course of action for the defendant; 3) temporary suspension of execution of a writ. Only these three types of protection measures can be legally applied in the administrative procedure in Lithuania. Nevertheless, administrative courts are more willing to construe the reasons of application of protection measures in a more detailed and not often correct way than provided by the law. In order to reveal and prove this phenomenon an analytical study has been performed of the decisions adopted by the Supreme Administrative Court during 2010 regarding the protection measures. The Article presents generalised conclusions of the study.

Keywords


measures of protection in administrative procedure; district administrative court; the Supreme Administrative Court of Lithuania; interim protection measures

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236