LAW
ON ADMINISTRATIVE DISPUTES
COMMISSIONS
14 January 1999 No. VIII-1031
Vilnius
Article 1. Purpose of the Law
1. This Law establishes the general procedure of pre-trial consideration of complaints (applications) contesting the adopted individual administrative acts and acts (or omission) of civil servants and municipality employees in the sphere of public administration.
2. The mandatory procedure of pre-trial consideration of tax disputes shall be set forth in tax legislation.
3. Laws may also prescribe other procedure for pre-trial consideration of administrative disputes of individual categories.
Article 2. Administrative Disputes Commissions
1. Municipal councils may set up Municipality Public Administrative Disputes Commissions with the right of decision-making. Except in cases specified by the Law on Administrative Proceedings of the Republic of Lithuania or other laws, Municipality Public Administrative Disputes Commissions shall consider, according to the pre-trial procedure, complaints of persons contesting the individual administrative acts adopted by entities of municipal public administration or the acts (or omission) of municipality employees.
2. County Administrative Disputes Commissions and the Chief Administrative Disputes Commission shall be set up for considering complaints (applications) contesting the adopted individual administrative acts or act (or omission) of civil servants or municipality employees in the sphere of public administration.
3. Except in cases specified in the Law on Administrative Proceedings or other laws, County Administrative Disputes Commissions shall settle disputes assigned to the competence of County Administrative Tribunals, whereas the Chief Administrative Disputes Commission - disputes assigned to the competence of the Higher Administrative Tribunal.
Article 3. Setting up Municipality and County Administrative Disputes
Commissions
1. Municipality Public Administrative Disputes Commissions shall be set up by the municipal council decision for a 3-year period and shall be constituted of 5 members from whom at least the chairman and secretary must have a University degree in law. Candidates to the posts of Commission members, including the Chairman of the Commission, shall be nominated to the municipal council by the municipality mayor.
2. County Administrative Disputes Commissions shall be set up by the Government resolution for a 4-year period and shall be constituted of 5 members possessing a University degree in law. Candidates to the posts of Commission members, including the Chairman of the Commission, shall be nominated to the Government by the county governor.
3. The Commission Chairman and Commission members shall have the right to resign. The county governor and municipality mayor may present to the Government a reasoned proposal to dismiss the Commission Chairman or member prior to the expiry of their term and nominate new candidates to their posts.
Article 4. The Status of the County Administrative Disputes Commission
1. The County Administrative Disputes Commission is a legal person financed from State Budget allocations set aside for the county.
2. The Commission Chairman and secretary shall be civil servants and their work on the Commission shall be considered as their principal job; other Commission members shall be employed on the Commission on a part-time basis.
Article 5. Competence of the Municipality and County Administrative Disputes
Commissions
1. Municipality Administrative Disputes Commission shall consider individuals’ complaints concerning the legality of individual administrative acts and actions of the entities of municipal public administration, also the lawfulness and motivation of the entities’ refusal to perform the actions assigned to their competence or delay in performing said actions.
2. County Administrative Disputes Commission shall consider complaints (applications) contesting the legality of individual administrative acts and actions of territorial entities of state administration, i.e., state institutions, agencies, services located in the county, as well as their employees, also municipal institutions, agencies, services located in the county as well as their employees, also the legality and motivation of the entities’ refusal to perform the actions assigned to their competence or delay in performing said actions.
Article 6. Procedure of Work of Municipality and County Administrative
Disputes Commissions
1. Sessions of the Commission shall be held on the weekdays scheduled in advance. As necessary, circuit sessions may be held in municipalities.
2. Municipality Public Administrative Disputes Commission shall once a year give a report on its work to the municipal council and shall also be accountable to the municipality mayor.
Article 7. Forming the Chief Administrative Disputes Commission
1. The Chief Administrative Disputes Commission shall be formed by the Government for a 4-year period and shall be constituted from 5 persons. The Commission members must have a university degree in law. Candidates to the posts of Commission members, from among them to the post of the Commission Chairman, shall be nominated to the Government by the Minister of Justice.
Article 8. The Status of the Chief Administrative Commission
Article 9. Competence of the Chief Administrative Disputes Commission
1. The Chief Administrative Disputes Commission shall consider complaints (applications) contesting the legality of the individual administrative acts and actions of central entities of state administration, also complaints concerning the legality and motivation of refusal by the above persons to perform actions assigned within their competence or delay in performing said actions.
2. The Chief Administrative Disputes Commission shall also resolve disputes regarding violations of the Anti-dumping Law of the Republic of Lithuania.
Article 10. Procedure of Work of the Chief Administrative Disputes Commission
1. Sessions of the Chief Administrative Disputes Commission shall be held on the weekdays scheduled in advance.
Article 11. The Right of Complaint (Application)
Persons, as well as entities of public administration, believing that their rights have been infringed upon, shall have the right to file a complaint (application) with the appropriate Administrative Disputes Commission within whose competence the matter is.
Article 12. Rights of Administrative Disputes Commissions during the
Preparation of Material for the Session
1. The Administrative Disputes Commission shall have the right to demand that the entity of public administration which adopted the contested individual administrative act or performed the action which is the object of complaint should submit documents, material and information relating to the issue which is prepared for the session, also receive oral or written explanation from civil servants and municipality employees concerning the matter in dispute.
2. The material requested by the Commission or copies of documents must be transferred to it not later than 3 working days following the receipt of the demand, unless the Commission fixes another date. As necessary, the Commission may grant an extension.
Article 13. Time Period for Settling Administrative Disputes
Complaints (applications) lodged with the Administrative Disputes Commission must be considered and a decision thereon must be taken within 14 days after the receipt thereof.
Article 14. Decision of the Administrative Disputes Commission
As a rule, the Administrative Disputes Commission shall take a decision on the dispute by common consent with at least 4 members of the Commission participating. Where common consent cannot be attained the decision voted in favour of by at least 3 members of the Commission shall be deemed adopted.
Article 15. Dispatch of the Decision of the Administrative Disputes Commission
for Execution
1. The decision of the Administrative Disputes Commission shall be dispatched for execution on the next day after its adoption. The entity of public administration must execute the decision within the time period specified therein and where the date is not indicated - within 20 days after the receipt of the decision
Article 16. Enforcement of the Decision Made by the Administrative Disputes
Commission
If the entity of public administration fails to execute the decision made by the Administrative Disputes Commission within the fixed time period, the applicant shall have the right to apply to an appropriate Administrative Tribunal with a request for the enforcement of the decision.
Article 17. Settlement of Issues Relating to Compensation for Damage
During the consideration of complaints (applications) the Administrative Disputes Commission shall not resolve the issues of compensation for material damage or expenses incurred by the parties to the dispute.
Article 18. Appealing against the Decision of the Administrative Disputes
Commission
1. The decisions made by the Municipality and County Administrative Disputes Commissions may be appealed against to the appropriate County Administrative Tribunal within 20 days after the receipt thereof.
Article 19. Persons having the Right to Appeal against the Decisions of
Administrative Disputes Commissions
Only persons and other entities whose rights in the sphere of public administration have been infringed upon shall have the right to appeal to Administrative Tribunals against all decisions of the Administrative Disputes Commissions.
Article 20. Entry into Force of the Law
2. The Government shall approve by 1 May 1999 the composition and Chairmen of the County Administrative Disputes Commissions and the Chief Administrative Disputes Commission.
3. Municipalities desiring to form Municipality Public Administrative Disputes Commissions shall approve by 1 May 1999 the composition and Chairmen of such Commissions.