Functions and responsibilities

FUNCTIONS AND POWERS

What kind of cases does Regional Administrative Court hear?

The competence of  Regional Administrative Court is provided for by the Law on Administrative Proceedings, as well as by other laws regulating the hearing of complaints concerning decisions reached in special fields of public administration. Similarly to other administrative courts of the Republic of Lithuania, Regional Administrative Court hears disputes arising out of administrative legal relations.

The following cases concerning administrative violations do not fall within the jurisdiction of the Court: cases concerning disputes in the field of civil and criminal law, concerning the compliance of laws and Government Resolutions with the Constitution; the Court does not investigate the activities of the President of the Republic of Lithuania, the Seimas, the members of Seimas, the Prime Minister, the Government (as a collegiate body) and of judges of other courts; procedural actions of pre-trial investigation officers and court bailiffs related to the serving of justice or the investigation of a case and enforcement of decisions, as well as decisions (recommendations) of the Seimas Ombudsmen.

Regional Administrative Court hears cases where the opposite party is a local authority or a territorial entity of state administration having its registered office within the territory of Vilnius Regional Administrative Court, also where the opposite party is a central entity of state administration, regardless of the fact whether or not the registered office of the institution is within the territory of Vilnius Regional Administrative Court (supplementary competence of the Court) concerning:

 - the legality of actions of and individual administrative acts reached by entities of State and municipal administration (e.g. ministries, departments, inspectorates, services, commissions and other central or territorial State or municipal entities), also concerning the legality and reasonableness of refusal by these entities to perform the actions within their competence or delay to perform these actions;

- compensation for material and immaterial (moral) damage inflicted by unlawful acts or omission in the sphere of public administration by State or local government authorities, institutions, agencies, services and their staff;

- payment, return or recovery of taxes, other obligatory payments and levies, concerning imposing of financial sanctions, also concerning tax disputes;

- disputes over civil service, where one of the parties to the proceedings is a State or municipality public servant having public administration powers;

- following a complaint concerning the decision of the district electoral committee or the district committee for the referendum concerning the mistakes made in the voter list or in the list of citizens entitled to participate in the referendum;

-  decisions reached by municipalities, county administrative disputes commissions, the Chief Administrative Disputes Commission and other preliminary out-of-court dispute resolution institutions in cases provided for by law; also cases concerning the applications lodged to ensure the enforcement of decisions reached by administrative disputes commissions;

-  the legality of regulatory administrative acts adopted by territorial or municipal administration entities;

-  the applications by the Seimas Ombudsmen pursuant to the Law on the Seimas Ombudsmen;

-  the applications lodged by Municipality Councils regarding the infringement of their rights, where the opposite party are central or territorial entities of State administration;

-  the applications of the Government representative concerning the acts of local authorities and their officials, which are not in compliance with the Constitution and the laws, concerning failure to implement laws and Government resolutions, concerning the legality of acts or actions infringing the rights of residents and organisations;

-  the applications in the event of disputes about competence or violation of laws regulating administrative relations between the entities of public administration not subordinate to each other;

-  the complaints of foreigners concerning refusal to issue a permit to reside or work in Lithuania or concerning withdrawal of such a permit, also complaints concerning refugee status.

Territory of activity

The territory of activity of Regional Administrative Court encompasses the entire territory of the Republic of Lithuania.