Effects of economic crisis in the municipalities of Lithuania are being discussed in this article. Also the content of the principle of responsible governance (proper public administration) is being analysed in respect of the Charter of Fundamental Rights, the case law of the Constitutional Court of the Republic of Lithuania, various legislation and the case law of the Supreme Administrative Court of Lithuania. The changes in financing the functions of municipalities, influenced by the economic recession, are being discussed; it is also evaluated whether the financial relations between central administrative bodies and municipalities were sufficient in the light of financial crisis, which has started in 2008.
Effects of economic crisis in the municipalities of Lithuania are being discussed in this article. Also the content of the principle of responsible governance (proper public administration) is being analysed in respect of the Charter of Fundamental Rights, the case law of the Constitutional Court of the Republic of Lithuania, various legislation and the case law of the Supreme Administrative Court of Lithuania. The changes in financing the functions of municipalities, influenced by the economic recession, are being discussed; it is also evaluated whether the financial relations between central administrative bodies and municipalities were sufficient in the light of financial crisis, which has started in 2008.
Effects of economic crisis in the municipalities of Lithuania are being discussed in this article. Also the content of the principle of responsible governance (proper public administration) is being analysed in respect of the Charter of Fundamental Rights, the case law of the Constitutional Court of the Republic of Lithuania, various legislation and the case law of the Supreme Administrative Court of Lithuania. The changes in financing the functions of municipalities, influenced by the economic recession, are being discussed; it is also evaluated whether the financial relations between central administrative bodies and municipalities were sufficient in the light of financial crisis, which has started in 2008.
The constitutional principle of responsible governance is equally imperative to the central governmental authorities as well as to the public administrative bodies of municipalities. The particularities of public administrative functions determine that the implementation of the discussed principle in municipalities is highly dependent on financial resources. The legislation regarding finances of the State, which were adopted at the beginning of economic recession, and their amendments, which were adopted in 2009, have limited the possibilities of municipalities to perform the obligations in the fields of public administration and provision of public services. The municipalities had prepared various instruments in order to save funds in respect to the financial crisis. These decisions of municipalities had an impact on the quality of ensuring rights and legitimate needs of both, individuals and business entities as well as public servants (e.g. recently their salaries were reduced, civil servants were offered to go on leave at their own expenses etc.).Association of Local Authorities in Lithuania has proposed a number of suggestions to the Seimas and the Government regarding solving the financial problems of municipalities in 2009 and subsequent years. Majority of such proposals had not been approved. The decisions of the central administrative bodies are difficult to assess merely from the legal point of view. On the contrary, it requires an impartial and complex analysis of various fields, the results thereof could be a ground for legal scholars and practitioners. However, it is undisputed that the interests of municipalities and the State regarding public services have to be combined even during the economic crisis.It is to be noted that not all the functions assigned to the municipalities directly depend on financial possibilities. Therefore the possibility that mandatory rules of the Law on Public Administration and other legislation are not being performed properly due to decreased motivation of public servants of municipalities to perform their duties responsibly cannot be justified. The Constitutional Court stated that higher standards are applied to public servants in comparison with other employees. The extreme conditions of economic crisis do not affect the content of the discussed constitutional doctrine. ; Straipsnyje analizuojama ekonominio sunkmečio refleksija Lietuvos savivaldybėse. Nagrinėjamas atsakingo valdymo (gero viešojo administravimo) principo turinys remiantis Europos pagrindinių teisių chartijos nuostatomis, Lietuvos Respublikos Konstitucinio Teismo doktrina, statutiniu teisiniu reglamentavimu ir Lietuvos vyriausiojo administracinio teismo praktika. Aptariami ekonominės recesijos nulemti savivaldybių funkcijų finansavimo pokyčiai, taip pat vertinama, ar optimalūs buvo valstybės centrinės valdžios ir savivaldybių finansiniai santykiai 2008 metais kilusios finansų krizės sąlygomis.
Effects of economic crisis in the municipalities of Lithuania are being discussed in this article. Also the content of the principle of responsible governance (proper public administration) is being analysed in respect of the Charter of Fundamental Rights, the case law of the Constitutional Court of the Republic of Lithuania, various legislation and the case law of the Supreme Administrative Court of Lithuania. The changes in financing the functions of municipalities, influenced by the economic recession, are being discussed; it is also evaluated whether the financial relations between central administrative bodies and municipalities were sufficient in the light of financial crisis, which has started in 2008.
It means that the principle of coordination of private and public interests is not isolated (independent), in some cases it has to be based upon general principles of law. It is stated that the consolidation of the balance of interests in the laws may change with regard to peculiarities of economic development of the state.
Straipsnyje nagrinėjama socialinių interesų įtaka administracinės srities įstatymų leidybai. Administracinės teisėdaros kertinis principas yra optimalus asmens ir visuomenės interesų derinimas: tai prielaida kurti socialiniu požiūriu teisingesnę pozityvinę teisę, atitinkančią Konstitucijos preambulėje skelbiamą teisinės valstybės siekį. Teigiama, kad interesų pusiausvyros įtvirtinimas įstatymuose gali keistis priklausomai nuo valstybės ekonominės raidos ypatumų. Nurodomos ir kai kurios subjektyvios priežastys, kodėl interesų derinimas administracinėje teisėje tam tikrais atvejais būna problemiškas. In this article the influence of social interests upon administrative legislation is investigated. The author states that the essential imperative in the creation of administrative law is an optimal coordination of private needs and public interests. This is a precondition to create a fairer – from the social point of view – positive law, corresponding to the striving for a state under the rule of law declared in the Preamble to the Constitution. The article also pointes out some subjective reasons why the coordination of interests in administrative law is sometimes problematic.
It means that the principle of coordination of private and public interests is not isolated (independent), in some cases it has to be based upon general principles of law. It is stated that the consolidation of the balance of interests in the laws may change with regard to peculiarities of economic development of the state.
It means that the principle of coordination of private and public interests is not isolated (independent), in some cases it has to be based upon general principles of law. It is stated that the consolidation of the balance of interests in the laws may change with regard to peculiarities of economic development of the state.
It means that the principle of coordination of private and public interests is not isolated (independent), in some cases it has to be based upon general principles of law. It is stated that the consolidation of the balance of interests in the laws may change with regard to peculiarities of economic development of the state.
The book is based on the multifaceted research carried out by the scholars of the Faculty of Law of Vilnius University. It analyses whether (and, if so, then how) the global economic crisis, which gripped Lithuania in 2008, has altered the standards of the rule of law and human rights enshrined in Lithuanian law. Although various expectations of members of society had been perceived and protected as rights before the crisis, the latter induced the narrowing of the scope of their protection and the subsequent justification of this narrowing, as the relevant legal standards were interpreted flexibly or, at times, even not applied. Irrespective of these developments, however, the legal standards of a democratic regime have been consolidated in Lithuania to the extent that their relative downgrading as a result of the crisis has not turned the rule of law from a legal reality into an ideologeme or a slogan devoid of a real content, and the perception of a law-governed state has not been substantially undermined, so far. The book covers the period between 2008 and 2014. It provides an extensive study on the impact of the crisis on the right to responsible government, the freedom of economic activity, the regulation of public finances (budgeting process, taxes and contributions, the supervision of banks and financial markets), social rights, political and personal rights, the independence of courts (the right to a fair trial) and the resolution of legal disputes.
The book is based on the multifaceted research carried out by the scholars of the Faculty of Law of Vilnius University. It analyses whether (and, if so, then how) the global economic crisis, which gripped Lithuania in 2008, has altered the standards of the rule of law and human rights enshrined in Lithuanian law. Although various expectations of members of society had been perceived and protected as rights before the crisis, the latter induced the narrowing of the scope of their protection and the subsequent justification of this narrowing, as the relevant legal standards were interpreted flexibly or, at times, even not applied. Irrespective of these developments, however, the legal standards of a democratic regime have been consolidated in Lithuania to the extent that their relative downgrading as a result of the crisis has not turned the rule of law from a legal reality into an ideologeme or a slogan devoid of a real content, and the perception of a law-governed state has not been substantially undermined, so far. The book covers the period between 2008 and 2014. It provides an extensive study on the impact of the crisis on the right to responsible government, the freedom of economic activity, the regulation of public finances (budgeting process, taxes and contributions, the supervision of banks and financial markets), social rights, political and personal rights, the independence of courts (the right to a fair trial) and the resolution of legal disputes.
