立陶宛行政法与行政法学理论的发展

Eglė Bilevičiūtė
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The science of administrative law is an integral part of Lithuanian law science, where the specialists of administrative law – scientists investigate the essence of this branch of law, its subject matter and separate institutes and in general all actual problems of administrative legal practice and science of the whoel country. This article is the first scientific research in the cycle of articles “Development of Administrative Law and Administrative Legal Doctrine in Lithuania”. The purpose of this article is to present the development of administrative law and administrative law doctrine in Lithuania since 1990 by analysing the works of Lithuanian scientists in this field through the categories defined in the research tasks. 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引用次数: 0

摘要

国家法律制度和相应的民主当局制度必须保证对个人的基本自由和权利的最佳保护,并帮助创造人类福利。行政法科学是不断发展的,它的见解是战略性的,面向未来的。新思想、新观点、新概念、新范式的植入或否定往往是一场斗争。新的、旧的、不准确的陈述被改变得更准确,新的思想批评旧的思想,生活实践提出了新的问题,科学必须理性地回答这些问题。立陶宛的行政法科学不是一成不变的,它随着行政法本身的变化而不断变化。行政法观念在变化,行政法规制在拓展。行政法科学是立陶宛法律科学的一个组成部分,行政法专家-科学家研究这一法律分支的本质、其主题和单独的研究所,以及整个国家行政法律实践和科学的所有实际问题。本文是“立陶宛行政法与行政法学理论的发展”系列文章中的第一篇科学研究。本文的目的是通过分析立陶宛科学家在这一领域的工作,通过研究任务中定义的类别,展示1990年以来立陶宛行政法和行政法理论的发展。为达到本文的目的,提出了以下任务:简要介绍和探讨立陶宛行政法科学和行政法范畴的发展,界定和分析立陶宛行政法的目标、规制主体和行政法律制度。为了达到研究的目的和任务,对立陶宛科学家的工作和实施立陶宛行政法律法规的主要法律进行了分析。采用历史比较法、文献分析法、综合法等方法进行研究。研究结果表明,立陶宛具有现代行政法和行政司法制度,符合当今欧盟司法标准的要求。我们可以得出结论,立陶宛科学家将广义的行政法理解为管理法,并描述了相当广泛的管理主体。在立陶宛加入欧洲联盟并承诺接管欧洲共同体之后,立陶宛的整个法律制度以及行政法都必须适应变化。在立陶宛法律中执行欧洲联盟立法的规定已成为一项优先事项。欧盟层面的大量行政法律规定及其在判例法中应用的需要给行政法科学带来了挑战性的任务。准确分析欧盟立法在立陶宛国家权力和公共行政体系中的实施情况,分析欧盟成员国的行政法律制度,寻找异同,在成员国滥用(放弃)欧盟立法规定时有效捍卫个人的权利和合法利益,国家法院处理损害赔偿的管辖权,在以下情况下,例如,不适当适用欧盟法律造成的损害由国家的终审法院作出,其他问题成为现代行政法研究的主题。
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DEVELOPMENT OF ADMINISTRATIVE LAW AND ADMINISTRATIVE LEGAL DOCTRINE IN LITHUANIA
The system of national law and the corresponding system of democratic authorities had to guarantee optimal protection of the individual’s fundamental freedoms and rights, and help to create human welfare. Science of administrative law is constantly evolving, and its insights are strategic in nature, oriented towards the future. There is often a struggle for new ideas, opinions, concepts, paradigms to be embedded or denied. The new, old, inaccurate statements are changed to be more accurate, the new ideas criticize the old ones, and life practices raise new problems that science must answer rationally. The science of administrative law in Lithuania is not static, it is constantly changing as the administrative law itself changes. The concept of administrative law is changing, its regulation is expanding. The science of administrative law is an integral part of Lithuanian law science, where the specialists of administrative law – scientists investigate the essence of this branch of law, its subject matter and separate institutes and in general all actual problems of administrative legal practice and science of the whoel country. This article is the first scientific research in the cycle of articles “Development of Administrative Law and Administrative Legal Doctrine in Lithuania”. The purpose of this article is to present the development of administrative law and administrative law doctrine in Lithuania since 1990 by analysing the works of Lithuanian scientists in this field through the categories defined in the research tasks. In order to achieve the aim of the article, the following tasks are raised: briefly to introduce and discuss the development of Lithuanian administrative law science and administrative law as a category, to define and analyse the goals of administrative law, the subject of regulation and the system of administrative law in Lithuania. In order to achieve the aim and tasks of the research, the analysis of the works of Lithuanian scientists and the main laws implementing the administrative legal regulation of Lithuania was performed. Methods. Historical comparative, documents’ analysis, synthesis and other methods were used for research. Results of research showed that Lithuania has modern administrative law and administrative justice system, that meets nowadays meets and European Union justice standards’ requirements. Conclusions. We can conclude that Lithuanian scientists understand the administrative law in broad sense as law of management and described quite wide range of its regulation subjects. After Lithuania’s accession to the European Union and its commitment to take over its acquis communautaire, the entire Lithuanian legal system, together with administrative law, had to adapt to change. Implementation of the provisions of the European Union legislation in Lithuanian law has become a priority. The abundance of administrative legal regulation at European Union level and the need for its application in the case-law have created challenging tasks for administrative law science. An accurate analysis of the implementation of European Union legislation in the systems of state power and public administration in Lithuania, analysis of administrative legal systems of the Member States of the European Union, search for similarities and differences, effective defence of the rights and legitimate interests of a person when a Member State misapplies (waives) the provisions of European Union legislation, the jurisdiction of national courts to deal with damages where, for example, damage caused by inappropriate application of European Union law is made by a court of final instance in the state, and other issues become the subject of modern administrative law research.
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