SANCTIONING REQUESTS OF PUBLIC ADMINISTRATION ENTITIES

Abstract

The sanctioning of requests by public administration authorities in administrative proceedings is the least analysed, debated and completely unstructured institute of administrative law. The sanctioning of actions of public administration entities is closely related to the administrative supervision of the activities of economic operators, which helps to ensure the harmonisation of the individual economic operators and economic sectors, as well as of public health, environmental protection, and other constitutional values. Administrative supervision and other control by public administration is defined in the academic literature as a public administration activity in which a public administration entity monitors the compliance of the behaviour of its subordinates with legal norms, and, in the event of non-compliance, responds with the measures for the correction or punishment of behaviour. Despite the importance of administrative supervision and the impact it has on economic operators, we do not find any mention of sanctioning requests from public administration authorities in either the Law on Administrative Proceedings or the Law on Public Administration. The article presents the variety of requests for sanction submitted by public administration entities to the administrative court, possible classifications of applications submitted to the court and peculiarities of individual types of requests. The article also presents an analysis of the statistical data on the last few years of the examination of applications for sanctioning of public administration authorities before the Vilnius Regional Administrative Court, which has exclusive competence for the examination of these applications, the diversity of this type of applications (administrative cases), the main procedural peculiarities and problems of the examination of administrative cases of this type in the court, and provides insights and recommendations.