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Lithuania / Supreme Administrative Court of Lithuania / eI-8-662/2018

I.K. v. The Authority of Audit, Accounting, Property Valuation and Insolvency Management under the Ministry of Finance of the Republic of Lithuania

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Administrative Court of Lithuania
Type:
Decision
Decision date:
20/07/2018

Key facts of the case:

On 22 August 2017 Property or Business Valuators’ Honorary Court (Turto arba verslo vertintojų garbės teismas) adopted decision, by which a disciplinary penalty – reprimand, was imposed to the applicant I.K. During the hearing the Honorary Court announced the operative part of the decision, but refused to announce immediately the grounds for the decision. According to the rules on decision-making of the Honorary Court, established in the paras. 39-42 of the Statute, the Honorary Court, having examined the disciplinary case, has no obligation to make the whole decision, including the grounds, on the same day. Honorary Court is obliged to announce only the introductory and operative parts of the decision, later within the prescribed time-limit adding the grounds. Thus, the operative part of the decision of the Honorary Court is announced on the same day as the hearing, but without having written the final complete decision of the Honorary Court. The applicant submitted request to the Vilnius Regional Administrative Court (Vilniaus apygardos administracinis teismas) regarding cancellation of the decision of the Honorary Court. Vilnius Regional Administrative Court referred the case to the Supreme Administrative Court of Lithuania (Lietuvos vyriausiasis administracinis teismas) with request to investigate whether paras. 39-42 of the Statute of the Property or Business Valuators’ Honorary Court are not in conflict with Article 109 of the Constitution of the Republic of Lithuania and constitutional principles of a state under the rule of law and justice. 

Key legal question raised by the Court:

Whether paras. 39-42 of the Statute of the Property or Business Valuators’ Honorary Court are not in conflict with Article 109 of the Constitution of the Republic of Lithuania and constitutional principles of a state under the rule of law and justice.

Outcome of the case:

Supreme Administrative Court of Lithuania declared that provisions of the Statute of the Property or Business Valuators’ Honorary Court are in conflict with Article 109 of the Constitution of the Republic of Lithuania and constitutional principles of a state under the rule of law and justice.