Ar bendruomenės centras yra subjektas, kuriam Lietuvos Respublikos administracinių bylų teisenos įstatymas numato teisę ginti viešąjį interesą teisme? ; Is a community center a subject under the Lithuanian Law on Administrative Proceedings which has a right to plead public interests in court?

Abstract

The relationship between the citizen and the state in most European states is no longer understood in terms of preservation of states power, but focused on the protection of citizen rights again abuse by the state. In these latter years efforts of society to protect its rights and interests are very appreciable: various non-governmental organizations, activity groups are formed to strive to participate in enactment of decisions in public sector by administrative authorities, to have an opportunity to test the legality and transparency of these decisions and administrative procedures, to appeal the decision and so on. More and more attention is given not only to protection of private person against abuse by administrative authorities, but to protection of public interest – rights and freedoms that are essentially significant, necessary and valuable to the society. Establishment of community organizations or community centers is here a new process, just recently started in Lithuania, but nowadays getting intense – more and more community organizations are formed as in urban, so in the rural territories. There is no one act to regulate basic principles in formatting community organizations as well as carrying on its activities, legal personality, rights and responsibilities and other essential questions, so there comes some obscurities, ambiguities and concepts complexities about community organizations and community. Recognizing community as people, living in certain territory and united by common needs and interests, and community organization as a legal personality, non-governmental organization, established to protect and secure fundamental rights and freedoms as public interest, common not only to concrete community, bus to society as well, it is possible to see a community organization as an instrument to meet wholes communities requirements, but that relation needs separate examination. This work is intended to consider a question, as if community organization is a subject accord the Lithuanian Law on Administrative Proceedings to plead public interests, has it right to initiate judicial review on administration acts if those violates public interest. As to public interests, there is no perfect definition about what this concept involves in a legal sense. As in most states, so in Lithuania, explanation and definition of public interest is left for courts, therefore in every case court has to evaluate – is disputed interest significant, necessary and valuable to the society or just for a one subject. The conception of public interest is very complicated, because it can be considered in several aspects (for example: majority, common interest, benefit, process and other), so courts just set a criteria to evaluate the interest in every case individually and explain, what aspects in concrete situations should be concerned. The Lithuanian Law on Administrative Proceedings provides a list of persons who/which can plead public interests if a statute, regulating specific sector, directly intends him/it that right. In cases rising out of public interests infringements, complainant does not need to meet direct interest test, because direct interest can only originate when administrative decisions directly affect just one individual and his subjective rights or interests protected by rule of law. Seeking to avoid many unreasonable and populist appeals, legislator set restriction, that only persons given right to appeal in the Law's on Administrative Proceedings article 5 section 3 subsection 3 and article 56 section 1, as well as in the special laws, regulating certain fields relating with a certain case, and only in the cases, provided by laws, when public interests infringed. Non-governmental organizations also have a right to appeal public interests infringement provided by the Law on Administrative Proceedings, so community organization, as a non-governmental organization, have that right as well. That conclusion is reached after analyzing relevant jurisprudence, significant statutes and case-law. Relevant United Nations documents and European Union treaties, resolutions and recommendations were analyzed in the scope, relevant to the issue of this work. Summarizing is that as other fundamental rights and freedom, right to effective remedy – judicial review – should be grant to every natural or legal person in respect of administrative acts that directly affect their rights or interests. As to protecting public interests, Council of Europe recommends states members to examine whether access to judicial review should not also be opened to associations or other persons and bodies empowered to protect collective or community interests (Recommendation to member states on judicial review of administrative acts). It should be mentioned, that these international or EU documents sets only rule of law, while leaving procedure questions to states members competence. Council of Europe also set Recommendation to member states on the legal status of non-governmental organizations in Europe, where states basic principals in formatting and managing non-governmental organizations: fundamental characteristics are: non-governmental organizations are self-governing bodies or organizations established to pursue essentially non-profit-making objectives of their founders or members; comes into being through the initiative of individuals or groups of persons; any act or omission by a governmental organ affecting an non-governmental organization should be subject to administrative review and be open to challenge in an independent and impartial court with full jurisdiction and so on. These provisions are relevant, because community organizations in Lithuania are non-governmental organizations, regulated by the Law of Associations, so these principles are and must be followed. Taking into account all said, in seeking to grant effective remedy to citizens against abuse by administrative authorities, Lithuania while setting some criteria to avoid of mass unreasonable populist appeals, should consider to examine possibility to open wider access to judicial review of administrative acts in relation with public interests to associations or other empowered non-governmental organizations and correct statutes and laws regulating public interests sectors by providing non-governmental organizations such right in environment protection, constructional licenses issuance, consumers rights and others public areas.