Practice of application of proceeds of temporary legal protection in administrative proceedings in administrative court has been summarized
15 January, 2009
On January 1, spacious changes in Admisitrative Procedure law have become effective, that will touch legal provisions, that regulate proceeds of temporary legal protection. Changes were made mainly taking into account problems, that have been stated in jurisprudence and they do not touch sense and criteria of application of proceeds of temporary legal protection. So, all statements that had been established before changes became effective, are still topical. They are collected in mutual summarization of the Department of Administrative Cases of Senate and Division of Jurisprudence „Application of proceeds of temporary legal protection in administrative process in court”.
Administrative Procedure law provides three proceeds of temporary legal protection: interception and resumption of operation of administrative act and actual activity, temporary adjustment and immediate implementation of judgement. Interception of operation of administrative act is used, if there is application about cancellation of administrative act. For its part, temporary adjustment has been used, if there is application about delivery of administrative act.
The Department of Administrative Cases of Senate in cooperation with of Jurisprudence made research, how these proceeds have been used in administrative proceedings in court, and summarized the most important statements of administrative jurisprudence. In the collection criteria of application of proceeds of temporary legal protection have been established and their application has been analysed. For example, there has been indicated that, while making a decision about interception or resumption of operation of administrative act or temporary adjustment, the same criteria have been evaluated, namely, objective and subjective criteria. As well, there has been made conclusion, that proceeds of temporary protection cannot be extended out of borders of claim, it is, they cannot be transferred in such law relations, that court would not evaluate, while reviewing case on the merits.
Proceeds of temporary protection have been justified, so far as they are directed towards judgement, that has been expected in future. Same, if interdecision made or interaction performed in administrative process per se touchesd interests of applicant in relevant, then tools of temporary protection are applicable to corresponding interdecision or interaction. But resolution of the court about proceed of temporary protection is not mandatory for the court, when court announces verdict on the case. This has been also related to cases, in which resolution about proceed of temporary protection was made by court of higher authority, as ancillary complaint, while reviewing case on the merits.
Same, in collection there is also made a conclusion, that in application of proceeds of temporary legal protection until present three generations of argumentation were formed. It has been stressed that court, while reviewing cases about proceeds of temporary legal protection, merge of arguments of different generations of argumentations in one resolution should be avoided.
At the same time, the collection touches upon such questions, like repeated application of pleading about application of proceeds of temporary legal protection, in which stage of proceeding these proceeds have been used, possibility to apply claim for resolution of the court about application of proceeds of temporary legal protection, and other issues.
Same, as it results from conlusions enclosed in the collection, in administrative jurisprudence it is done, that standards of Administrative Procedure law about interception of operation of administrative act do not refer to resolutions of judges of courts of general jurisdiction about determination of punishment in cases, that have been reviewed in accordance with Paragraph 213 of Code of Administrative Offences of Latvia.
Range of resolutions of jurisprudence about Application of proceeds of temporary legal protection was outlined in the summarization of jurisprudence of the Supreme Court in year 2007 „Interpretation and application of law standards, included with changes in Administrative Procedure law”. However, in year 2008 in administrative jurisprudence new resolutions about application of proceeds of temporary legal protection have been acknowledged. In prior collection there hadn’t been observed all issues that refer to application of proceeds of temporary legal protection. That’s why compilation of new collection was topical.
Summirazation of jurisprudence „Application of proceeds of temporary legal protection in administrative proceedings in administrative court” is available on the home page of the Supreme Court www.at.gov.lv in section Court information/ Summarization of jurisprudence.
Information prepared by
Head of the Division of Communications of the Supreme Court Rasma Zvejniece
E-mail: firstname.lastname@example.org, telephone: 7020396, 28652211