Administracinės teisės šaltiniai

Abstract

Taking into consideration economical-political and value system‘s transformations, as well as the needs of cognizance of branch of administrative law and appropriate administrative legal regulation, fragmentary scientific analysis of sources of administrative law, their incompleteness and lack of literature, these master’s thesis examines the sources of administrative law. Following the broad-based theoretic knowledge about legal sources in general, the tradition of use of notion “legal source” in the other branches of law and the concept of administrative law, these master’s thesis describe the concept of sources of administrative law and their interconnection. The system of sources of administrative law is analyzed by disclosing direct (legal principles, Constitution, EU legal acts, international legal acts, laws, post-law legal acts) and indirect (court practice, law doctrine) sources of administrative law. All characteristics of sources of administrative law are oriented towards substantiation of ascription of separate types of legal sources to the system of sources of administrative law: the proves of existence of legal principle, as the standard of abstract conduct, are found both in the primary and secondary legal sources; legal norms, consolidated in EU legal acts, determine the direct requirements, controlled by the national executive governmental institutions, change, thought indirectly, the competencies of executive governmental institutions, limits the discretion of national governmental institutions in administrative regulation; the countries seek to execute the provisions of some documents of international law, thought not obligatory, as the stringent regulations, moreover, there are several directly applied legal acts, upon which the administrative justice relies, and having the protection mechanism of their provisions; the court acts influence the loss of legal power of the norm acts; when the courts predicate their decisions directly by means of doctrine, doctrine ideas become the measuring unit of legal conduct- thus doctrine becomes the source of explanation of law, and the source of law itself. Analyzing the direct and indirect sources o administrative law, the interconnection between the sources of administrative law of different origin is showed. In summary, we can make the conclusion, that the legal acts of all government branches can be the sources of administrative law as well – the law publishing, executing and court government, by means of their acts, change the administrative law.