A decision of a municipality, an inspectorate, the Migration Department, the State Tax Inspectorate, "Sodra" or another state institution may affect a person's property, business, social guarantees, right to reside in Lithuania or to carry out a particular activity. Legal consequences may also be caused by an institution's failure to act, its delay in replying to a request, or its refusal to perform the actions assigned to it.
An administrative dispute usually arises over the lawfulness of an individual administrative act, action or failure to act by a public administration entity. However, not every dispute with a state or municipal institution is heard in an administrative court – some matters are subject to a special pre-trial procedure, or to the procedure for tax disputes, administrative offences or civil proceedings.
The law firm "Ernestas Bušmovičius ir partneriai" advises private individuals and businesses, assesses the decisions of institutions, prepares complaints and other procedural documents, and provides representation before pre-trial dispute resolution bodies and administrative courts.
A decision of a public administration institution must be taken by a competent entity, be based on the factual circumstances and legal rules, be reasoned, and be adopted in compliance with the established procedure. The decision must also indicate the procedure for contesting it.
In assessing whether there are grounds to contest an individual administrative act, the following is examined:
The way in which a decision of an institution is contested depends on the entity that adopted it, the nature of the dispute and the procedure laid down in special laws.
Before applying to an administrative court, an out-of-court procedure for the prior hearing of the dispute may apply. In some cases it is chosen voluntarily; in others, a special law establishes a mandatory pre-trial procedure.
The Commission on Administrative Disputes of Lithuania hears, within its competence, complaints about individual administrative acts, actions, failures to act or delays of central and territorial state administration entities and municipal administration entities.
The Commission may be asked to:
A special procedure for contesting may be laid down for disputes concerning taxes, migration, social insurance, the civil service and certain other areas. Before preparing a complaint it is therefore important to check to which institution it must be submitted and whether the pre-trial stage is mandatory.
An administrative court reviews the lawfulness of the decisions, actions and failures to act of public administration entities. Administrative cases at first instance are heard by the Regional Administrative Court, and on appeal by the Supreme Administrative Court of Lithuania.
A complaint to an administrative court must clearly state:
Depending on the circumstances, it may be requested that the unlawful decision be annulled, that the institution be ordered to perform certain actions, that compensation be awarded for damage caused by unlawful actions of public authorities, or that another remedy provided for by law be applied.
An administrative dispute may arise not only over a decision that has been adopted. A person may also contest an institution's failure to act or its delay where, within the prescribed time limit, it:
In such a case the usual request is to order the institution to perform a specific action. However, the court cannot in every case itself adopt a decision falling within the institution's competence, so the claims must be formulated having regard to the limits of the public administration entity's discretion.
In administrative disputes, time limits are particularly important. Under the general rules, a complaint about an administrative decision to the Commission on Administrative Disputes of Lithuania or to an administrative court must usually be submitted within one month from the day the decision was announced, served or became known.
An institution's failure to act or delay may generally be contested within two months from the day on which the relevant action should have been performed. Special laws may lay down different time limits, including shorter ones.
A missed time limit may in certain cases be renewed if it was missed for important reasons supported by documents. However, renewal of a time limit is not automatic, so it is advisable not to delay after receiving an unfavourable decision from an institution.
Relevant general information on the time limits for applying to court is provided on the website of the Supreme Administrative Court of Lithuania.
Submitting a complaint does not always suspend the implementation of the contested administrative decision. If the implementation of the decision could cause substantial damage that is difficult to remedy, or make it more difficult to enforce a future court judgment, a measure securing the claim may be requested.
Depending on the circumstances of the case, the court may be asked to:
Such a request must be substantiated with specific data on the possible consequences. A general statement that the decision causes inconvenience or financial loss may not be sufficient.
Land and real estate matters may involve both administrative and civil law. In administrative proceedings the decisions of public administration entities are generally assessed, for example:
If a dispute arises between private persons over ownership, use of property, plot boundaries or contractual relations, it may be heard under the civil procedure. It is therefore necessary first to establish the legal nature of the dispute and the competent court.
Decisions taken in construction and territorial planning processes may have long-term consequences for property owners, developers, owners of neighbouring plots and local communities.
Legal assistance may be needed in relation to:
In these cases it is important to assess not only the institution's decision, but also the design documents, register data, planning procedures, inspections carried out and the rights of interested persons.
Decisions of the State Tax Inspectorate or of the customs authorities may result in additionally calculated taxes, default interest, fines and other financial consequences.
We advise and represent clients in relation to:
Tax disputes are subject to a special procedure and time limits for contesting. Before submitting a complaint it is necessary to assess to which institution it must be addressed, what evidence supports the taxpayer's position, and whether recovery may be suspended during the dispute.
Decisions of the Migration Department or other competent institutions may concern a person's right to enter, reside, work or remain in Lithuania.
We provide legal assistance in relation to:
In migration cases the time limits may be short and the decisions may have immediate consequences, so in each case it is important to check the procedure for contesting stated in the particular decision.
An administrative dispute may arise over social insurance, a pension, a benefit, compensation or the assessment of a person's disability.
We advise and represent clients in relation to:
A special pre-trial procedure for contesting may apply in these areas, so it is important to assess both the reasons for the decision and the medical, social and financial documents.
The help of an administrative law attorney may also be needed in resolving:
The procedure for hearing the dispute depends on the institution, the decision adopted and the legislation governing the particular field of activity.
An administrative dispute and an administrative offence case are not the same proceedings. Public administration decisions of institutions are generally contested before a pre-trial dispute resolution body or an administrative court, whereas administrative offence cases are heard under the Code of Administrative Offences.
An administrative offence case may concern:
A ruling adopted out of court by an institution in an administrative offence case is generally contested before the district court through the institution that adopted the ruling. The general time limit for contesting is 20 calendar days from the day the copy of the ruling was sent or issued, but in each case the procedure stated in the ruling must be checked.
We provide the following legal services:
Before taking any legal action we assess the contested decision, the available documents, the time limits for contesting, the applicable procedure and the realistic prospects of the dispute.
The law firm "Ernestas Bušmovičius ir partneriai" has been operating since 2005. We represent clients from Lithuania and abroad who are dealing with administrative law matters arising in Lithuania.
Our working principles:
An attorney cannot guarantee that an institution's decision will be annulled. It is the attorney's duty to assess the situation professionally and to defend the client's rights and legitimate interests by lawful means.
This depends on the institution that adopted the decision and the nature of the dispute. A complaint may be submitted to the Commission on Administrative Disputes of Lithuania, to a special pre-trial body, or directly to the Regional Administrative Court. The procedure for contesting is usually indicated in the decision itself, but it is worth verifying that it is correct.
Not always. In some cases the pre-trial procedure is chosen voluntarily, but special laws may make it mandatory. If a mandatory procedure has not been used, the court may refuse to accept the complaint.
The general time limit is most often one month from the service or announcement of the decision or from becoming aware of it. An institution's failure to act is generally contested within two months, and a ruling in an administrative offence case within 20 calendar days. Special laws may lay down different time limits.
Not always. If the implementation of the decision could cause consequences that are difficult to remedy, a reasoned request for a measure securing the claim may be submitted together with the complaint.
Yes. An institution's failure to act or delay may be contested if, within the prescribed time limit, it has not adopted a decision, has not provided a reply or has not performed mandatory actions.
No. If the municipality acted as a public administration entity, the dispute may be administrative. If it arises from a contract, ownership or other private relations, the case may be heard by a court of general jurisdiction.
First of all you should provide the contested decision, documents confirming the date it was received, earlier requests and replies, correspondence with the institution, inspection reports, register extracts and other evidence relevant to the dispute. A brief chronology of events is also useful.
The price depends on the complexity of the dispute, the volume of documents, the applicable procedure and the duration of the representation required. The scope of work and the payment terms are agreed after reviewing the particular situation.
If you have received an unfavourable decision from a state or municipal institution, if an institution does not reply to your request, or if you wish to submit a complaint to an administrative court, contact the law firm "Ernestas Bušmovičius ir partneriai".
Briefly describe your situation, indicate the institution that adopted the decision and the date it was received, and attach the documents you have. Once we have reviewed the information provided, we will be able to assess the time limit for contesting, the appropriate procedure and the possible further steps.
The activities of public administration entities and the adoption of administrative decisions are governed by the Law on Public Administration of the Republic of Lithuania.
The procedure for the pre-trial hearing of disputes is laid down in the Law of the Republic of Lithuania on the Procedure for the Pre-Trial Hearing of Administrative Disputes, and the hearing of cases in administrative courts is governed by the Law on Administrative Proceedings of the Republic of Lithuania.
The hearing of administrative offence cases and the contesting of rulings are governed by the Code of Administrative Offences of the Republic of Lithuania.
Information on the pre-trial hearing of administrative disputes is published on the website of the Commission on Administrative Disputes of Lithuania.
Legislation, the competence of institutions and the practice of their application may change, so each particular situation must be assessed in the light of the legal regulation in force at the time of the enquiry.
This page provides general information. It should not be regarded as individual legal advice.