Annual Report 2012

SUPREME ADMINISTRATIVE COURT OF LITHUANIA 2012 Annual Report Contents 1 2 24 Foreword Discussion European Union Law 11 33 Panevėžys Regional Land Relations 4 Administrative Court 25 The Supreme Administrative Taxes and Customs Court of Lithuania as a Court of the Highest Instance 12 34 National and International Social Security 6 Cooperation 26 Division of Administrative Competition Courts of the Lithuanian Association of Judges 16 36 The Year 2012 in Statistics Public Service 6 28 Regional Administrative Tobacco and Alcohol Courts of Lithuania 18 Control 37 Justices Municipal Rights 7 29 and Obligations Vilnius Regional Consumer Rights Administrative Court 20 38 Human Rights Legal Redress 8 and Freedoms 30 Kaunas Regional Environmental Administrative Court 22 Protection 40 Cases Concerning the State Guaranteed Lawfulness of Normative Legal Aid 9 Administrative Acts 31 Klaipėda Regional Energy Administrative Court 23 41 Elections Cases of Foreign 10 32 Nationals Šiauliai Regional Construction and Administrative Court Territorial Planning Foreword Dear all, Ričardas Piličiauskas am a judge and I understand that we, judges, normal- about the work of the judges and the entire team of the The President of the Supreme I ly address a person through the judgments delivered Supreme Administrative Court of Lithuania (LVAT). Administrative Court of by the court. Thus, I greatly appreciate the opportunity After all, 2012 was full of efficient work, achievements Lithuania that I have to address you directly in the beginning of and evaluations. every year. Understanding how extraordinary this op- However, today it is worth recalling the basic concepts portunity is, I also feel an even greater responsibility of law and justice, human rights and freedoms as well for the words said and thoughts expressed. Just like as the special role played by a judge in ensuring and every year, I would like to express my joy, even a pride, protecting them. Search for justice in court judgments We have been looking for an answer to a question what the deliberation room, where they more and more of- the law is and even more so – what is just – for a long ten replace the previously used concepts of a “legal act” time. The issues of law and justice were of interest to the and “fact”. Still the search for justice should be reflected philosophers of both Ancient and Medieval times. An in- even more in the motives of court judgments. Even if tensive search for justice performed in the 19th – 20th c. in the latter type of thinking might seem more compli- Western European countries finally dismissed the ideas of cated or less convenient. legal positivism and answers were found in the concept of In formal assessment, the conduct of a judge may be the rule of law, which recognizes that legal thinking is to twofold. He/she may be precise in reading and applying be based on values of natural law. The concept of law and a law or other legal act, citing it in his/her decision. How- justice in Lithuania has also changed over the years. Over ever, a judge may select a different path, which requires the last century, Lithuania lived a period of legal positiv- “Lawsuits always raise, more effort and time: it is to think, what is just and what ism, when law was considered to be only a matter precisely at least in principle, three is not, when examining a case; to hold the hierarchy of laid down in legislation, i.e. whatever was considered as different kinds of issues: legal values in his/her mind, the purpose of administra- law by the state. However, 22 years later, we are coming issues of fact, issues of law, tive justice and assess whether the law is in accordance to back to the idea of law defined much more broadly than and the twinned issues with the Constitution, whether it defends human rights what is stated in laws or legal acts. of political morality and and ensures true justice. I have always wished and still fidelity.” Law, justice, human rights and freedoms are the con- wish for myself and my fellow judges to follow the sec- cepts often heard during the discussions judges have in ond path, even though it requires more effort. R. Dworkin The clarity of court decisions In the enforcement of justice, the clarity of court deci- ensure that his/her decision is well-grounded, i.e. to lay sions is extremely important. Each judge in his/her deci- it out in a way that it would be understandable to those sion, no matter whether it is 7 or 70 pages in length, tries for whom it is intended, relevant in a specific case, and not only to resolve a dispute justly entrusted to him, pro- to all those reading it. The improvement of the quality of tect human rights that had been infringed, but also to decision texts should be a constant objective of a judge. The right to good administration is one of the fundamental human rights Guarantors of the rule of society are an effective protec- principle of good public administration was recognized tion of human rights and the equality of individuals be- to be a general principle (having a constitutional status). fore the courts. Fundamental human rights and freedoms In addition to this – as of now, the right to public admin- (such as the right to life, dignity, freedom of speech and istration is regarded as one of the fundamental human others) are ensured and protected by the Constitution rights, i.e., it is important as others. of the Republic of Lithuania, the European Convention Thereby, as a judge takes on the duty of giving a deeper for the Protection of Human Rights and Fundamental thought about the content of this right, it is necessary Freedoms and other international documents. On 1 De- to define it as well as to understand its true meaning. cember 2009, upon the entry into force of the Lisbon This meaning determines and will determine even more Treaty and the European Union Charter of Fundamental in the future the activities of public administration and Rights, general principles of administrative law gained a decisions adopted by courts. new fundamental aspect. Following these amendments, the European Union law confirmed the fact that the I wish for every person addressing the court to understand main character can no longer be and is not only merely a his/her rights and take an interest in them, moreover, to homo economicus or homo politicus – a human being is. The never doubt whether it is worth defending them. 1 Supreme Administrative Court of Lithuania Annual Report 2012 Discussion The President of the Supreme Court of Lithuania Ričardas Piličiauskas, Justice Dalia Višinskienė, Di- rector of the Legal Research and Information Department Aurimas Brazdeikis and the Head of Court Office Dalia Hoppenienė shared their thoughts on the last year’s challenges as well as the objectives for the upcoming year - 2013. What was significant to You and the Court in 2012? What challenges did You encounter and how did You manage to overcome them? Dalia Višinskienė: Year 2012 was full of challenges: Dalia Hoppenienė: In 2012 special attention was after more than 20 years spent in courts of general juris- dedicated to the improvement of quality for serving peo- diction, I started working in the Supreme Administrative ple in the court and the implementation of electronic Court of Lithuania. Since it’s been almost a year that I am services in the court office activities. The court office pro- working in the Supreme Court of Lithuania, I can compare vides more and more information to persons by email as the work in these two systems. First of all, the nature of well as through the communication and question – an- cases examined by me as a justice, also, the “angle” of legal swer modules installed on the court website. This year thinking and instruments used in a daily work of a justice is also memorable because of the fact that starting from has changed in principle. When hearing cases in courts July, more and more cases are heard in a written proce- of general jurisdiction, the application of the EU legisla- dure; drawing up of case hearing protocols was replaced tion was quite rare. In the Supreme Administrative Court with recording case hearings some time ago. Thus, in of Lithuania I have to deal with the EU law, analyze the 2012 more attention had to be devoted for the optimiza- decisions of European courts significant for administration of work of court office employees and court hear- tion cases and apply the EU legislation almost every day. ing secretaries as well as for the assurance that persons Moreover, in this Court I hear complicated cases in such willing to get information in court or to listen to audio areas important to the entire society, such as education, recordings would not incur any inconveniences. environmental and health protection, energy, which I pre- I am pleased that in 2012 the work of court office was viously came across only as a citizen. And, of course, 2012 of high quality, i.e. throughout the entire year, we have was a memorable year, as this was a year of parliamentary received not a single complaint from citizens, who would elections, because as soon as I started working in the Su- be unhappy with office work. According to the surveys preme Court of Lithuania, I immediately had to deal with carried out, the Court visitors have noted that the em- the specifics of these cases, especially short deadlines for ployees working in the court office reception were polite, examination, to observe, how efficiently the judicial activ- helpful and performed their job functions very well.

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