A comparative analysis of Lithuanian administrative procedure
A comparative analysis of Lithuanian administrative procedure

Summary/Abstract: French administrative procedure is greatly divergent from that of Lithuania. Therefore the aim of this article is to describe and analyze Lithuanian administrative procedure by contrasting it with French administrative procedure. The French administrative court system consists of the three-tiers: the Conseil d’Etat (State Council), Tribunaux Administrative (Administrative Tribunals) and Cours Administrative d’Appel (appellate administrative courts. Lithuanian system of district administrative courts and the Supreme administrative court is in principal similar to those of France, however Conseil d’Etat has jurisdiction over legality of acts, whereas in Lithuania this function would be handled by the Constitutional Court. Additionally, French administrative courts decide questions relating to public contracts. There is nothing similar to this in Lithuania. Moreover, both the Conseil d’Etat and the Administrative Tribunal have to advise the administration and since 1963, the Conseil d’Etat has to provide to the President of the Republic an annual account of its activity. The French Conseil d’Etat took the historical task to become a creator of principles and rules of independent administrative law. The adoption of the French procedures by the European Court of Justice shows that this model is not accidental but a functioning system for judicial review of administrative action. However Lithuania did little more than to cause administrative cases to be heard in a separate set of courts, but that nothing was done to create an administrative procedure per se: in Lithuania, administrative procedure is the same as the procedure in the civil courts.

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