Administracinio baudimo principai pagal EŽTK
Administrative sanctions can be said to dwell in the periphery of punishment because they do not require setting the wheels of criminal procedure in motion. This allows States to save public resources as well as helps them to escape closer scrutiny at the judicial level. At the same time, the imposition of administrative sanctions usually curtails individual guarantees. Against this background, this article examines where the European Court of Human Rights (ECtHR) draws the line between measures belonging to the ‘hard core of criminal law’ and the periphery. After a presentation of gradual broadening of the ‘criminal limb’ guarantees of Article 6 European Convention on Human Rights to administrative measure of a punitive nature, it explores where do these guarantees meet their limits by taking the approach adopted in the landmark Jussila judgment as a point of departure. Subsequently, a structured analysis of the selected ECtHR case law in which this approach has been applied or – at least – invoked is provided. The article is finished with a reflection on the current interpretation of the said penumbra of punishment, which, among other things, identifies the possible gaps of individual protection, and the outlook for the future.
This contextual paper tackles a rather under-researched topic of Council of Europe’s possible impact on national administrative law. It seeks to examine how one of its instruments – Recommendations of the Committee of Ministers of the Council of Europe – can influence national standards of administrative law and provide a systematic assessment of the diverse functions and manifestations such instruments might have in a national legal order. For these purposes, the constitutional basis of these recommendations and their main features are examined followed by a subsequent analysis of the perceived importance and various functions and implications they might have in the chosen national legal system. This paper concludes that the scope of the functions and implications these instruments are capable of having to national administrative law is wide, yet it is not without limitations.
The Introduction outlines the notion, the main features, the sources and the scope of the pan-European principles of good administration developed within the framework of the Council of Europe (CoE). It elaborates on their relationship to EU administrative law in describing the characteristics of EU administrative law and contrasts it with the characteristics of ‘CoE administrative law’. Moreover, the Introduction discusses the commonalities of the research on the pan-European general principles of good administration with the research on European human rights law and the quest for a ‘European rule of law’. It furthermore examines the general concepts of ‘good governance’ and ‘good administration’, the differences between them and the relevance of these notions for the research on pan-European principles of good administration. It finishes with a presentation of the effectiveness of pan-European principles of good administration as a main research question and the approach thereto taken in this book.
This chapter discusses the impact of the pan-European general principles of good administration in Lithuania. It shows that there is a general openness to incorporating these principles into the Lithuanian legal system, albeit not without limitations. This can be attributed to three major factors—legitimacy, a favourable legal framework and agency given to these principles by the domestic actors. Especially, administrative courts seem to be progressively facilitating their application. Yet, while in certain domains the said principles have permeated the Lithuanian legal system to a remarkable extent, in others their use seems to be somewhat underutilized, be it because of domestic regulatory sufficiency, EU influence or unwillingness to make use of these principles by adopting ‘softer’ legal instruments such as codes of conduct or administrative self-commitments.
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