The Issues of defending public interest in case law of Lithuanian administrative courts

Collection:
Mokslo publikacijos / Scientific publications
Document Type:
Straipsnis / Article
Language:
Anglų kalba / English
Title:
The Issues of defending public interest in case law of Lithuanian administrative courts
In the Journal:
Daugavpils Universitātes ... starptautiskās zinātniskās konferences rakstu krājums. B. daļa, Sociālās zinātnes [Proceedings of the ... International Scientific Conference of Daugavpils University. Part B, Social Sciences]. 2021, 63, p. 68-77
Keywords:
LT
Teismai. Teismų praktika / Courts. Case-law; Teisės mokslas / Legal science.
Summary / Abstract:

ENLithuanian legislation enshrines an overly abstract concept of public interest, therefore, the content of the public interest often depends on the area of law in which such a concept is sought. Therefore, the aim of this article is to analyse the peculiarities of the concept of public interest and the problems of its defence in the case law of Lithuanian administrative courts. In order to achieve the goal of this research, the analysis of the article is based on three main directions of research: disclosure of the peculiarities of the concept of public interest in the case law of Lithuanian administrative courts, the problems of the relationship between the public interest and the private interest and the peculiarities of their defence in this field and the issue of the relationship between the public interest and the restriction of the protection of property rights. The performed analysis showed that in the case law of Lithuanian administrative courts the concept of public interest still remains defined by general categories, nor is it possible to completely separate the public interest from the private interest, since these opposites are inseparable and form a coherent whole, and the decision at their intersection is determined by the justification of the significance and necessity of the values to which the interest is directed. Meanwhile, the constitutional value - the protection of property rights may be limited, however, this is subject to a requirement proportionate to the aim pursued. Key Words: private interest, administrative court, case law, Lithuanian law, defending public interest. [From the publication]

ISBN:
9789984149516
ISSN:
2500-9842; 2500-9869
Subject:
Related Publications:
Permalink:
https://www.lituanistika.lt/content/102577
Updated:
2023-07-21 23:05:47
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