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LITHUANIA

E-government in Context of Princip­les of Good Governance

Prof. Dr Eglė Bilevičiūtė

1. Introduction

Good governance is a requirement for all public administration entities and is implemented through the relationship between citizens and government representatives. Good governance must enable the rational management of public affairs, the efficient use of resources and the achievement of the public good, while guaranteeing human rights. Good governance creates a framework in which political, social, and economic priorities are based on a clear consensus among the various groups in society; it ensures respect for human rights and the rule of law; it strengthens democracy and promotes transparency and efficiency in public administration. The principles of good governance can be defined as the rules on which a public authority bases its activities.
Rūta Petrauskienė and Eurika Predkelytė, „Gero valdymo principų įgyvendinimą viešosiose institucijose lemiantys veiksniai: teorinis pagrindimas“, Public security and public order, 12 (2014): 147–160.
The quality of a country’s public administration is key to its economic performance and the well-being of its citizens. An effective and efficient public administration serves the needs of its citizens. It is essential that public authorities and their managers can adjust to changing circumstances, especially in times of crisis.
The European Institute of Public Administration (EIPA) has as its core mission to provide in-depth insights and practical knowledge on EU policy to all professionals involved in EU public affairs, with the main objective of further developing their skills and capacity to effectively manage national policymaking in the EU context. EIPA expertise and training:
    • Effective public administration in the EU: quality management, the Common Assessment Model (CAM), data protection, human resources and new ways of working.
    • Better governance in the EU: design and adoption of decisions, impact assessment, forms of inclusion and participation.
    • Public finance management in the EU: fraud prevention, audit, procurement, project management.
    • EU general policy: climate and environment, digitisation, state aid, social inclusion, economic governance / EU Semester
    • EU in the world: external policy, enlargement and neighbourhood, security.
    So, Lithuania joined EIPA on 29 May 2006 by signing an agreement between the Government of the Republic of Lithuania and EIPA on cooperation and financial support, expressing its willingness to contribute to EIPA's activities in the areas of training, research, consultancy, and publications.
    “The European Institute of Public Administration”, accessed August 10, 2023, https://www.eipa.eu/.
    Later years, Lithuanian researchers have worked on e-government issues in the development of the e-government system in Lithuania, and their results provides an overview of the challenges and possibilities. Rimantas Garuckas and Adolfas Kaziliūnas
    Rimantas Garuckas and Adolfas Kaziliūnas, „E. valdžios ir viešojo sektoriaus sąveikos Lietuvoje analizė“, Viešoji politika ir administravimas, 23 (2008): 59–67.
    has emphasised the legal frameworks relevance for the implementation of the Lithuanian e-government concept, and analysed the legal acts regulating e-government and the state of electronic services in Lithuania. Elena Raginytė and Narimantas Kazimieras Paliulis have argued that the development of e-government in Lithuania is as relevant as it is throughout Europe. However, according to the two researchers, Lithuania still faces technical, legal, and methodological problems that hinders the full effectiveness of e-government. These hindrances are problematic as various national and international studies have shown, a low level of efficiency in public administration is a strong factor that reduces the competitiveness of businesses and the attractiveness of a country to invest and live in.
    In regard to research directed at the present hindrances, most researchers have highlighted that development of e-government in Lithuania is a continuous process, implemented in stages and that the development and successful implementation of digital communication is an important stage. Vladislavas Domarkas and Vitalija Lukoševičienė believe that as e-government services provided to the public via the Internet are to be the main means of communication, the effectiveness of e-government depends on the content of the websites of the government institutions. Eglė Gaulė and Gintaras Žilinskas
    Eglė Gaulė and Gintaras Žilinskas, “E-governance in Lithuanian Municipalities: External Factors. Analysis of the Websites Development”, Viešoji politika ir administravimas, 12, 1 (2013): 80–93.
    have attempted to identify the external factors influencing the development of Lithuanian municipal websites. Vladislavas Domarkas, Akvilė Laukaitytė and Vidmantas Mačiukas
    Vladislavas Domarkas, Akvilė Laukaitytė and Vidmantas Mačiukas, „Lietuvos Respublikos savivaldybių interneto svetainių išvystymo lygio vertinimas“, Viešoji politika ir administravimas, 11, 1, (2012): 23–36.
    have discussed various methodologies of e-government evaluation and, using the methodology of evaluation of municipal websites developed by Rutgers University in the USA and Sungkyunkwan University in South Korea, evaluates the level of development of websites of municipalities in the Republic of Lithuania.
    Some researchers have adopted broader perspectives. For example have Zinaida Manžuch, Arūnas Gudinavičius and Andrius Šuminas
    Zinaida Manžuch, Arūnas Gudinavičius and Andrius Šuminas, „Skaitmeninės atskirties mažinimo priemonės Lietuvoje: tikslai, auditorijos ir taikymo rezultatai“, Viešoji politika ir administravimas, 17, 1 (2018).
    examined the adaptation of IT to country development. The aim of the paper is to assess the strategic priorities and concrete measures to reduce the digital divide in Lithuania. Alvydas Baležentis and Gintarė Paražinskaitė
    Alvydas Baležentis and Gintarė Paražinskaitė, „Informacinių technologijų taikymas LR ministerijų personalo administravimo tarnybose“, Management Theory and Studies for Rural Business and Infrastructure Development, 36, 4 (2014): 746–754.
    argues that society's wealth, power and knowledge are determined by the ability to organise society and make the most of new technological solutions, especially digital communication. The article presents the assessments of thirteen HR experts from ministries of the Republic of Lithuania. The results of the study show that in order to increase the use of IT innovations in the personnel administration services of the ministries of the Republic of Lithuania, it is necessary to maintain a balance between inhibiting and stimulating factors and to increase innovation. Žemyna Pauliukaitė-Gečienė and Ramunė Juozapaitienė
    Žemyna Pauliukaitė-Gečienė and Ramunė Juozapaitienė, Lietuvos viešojo valdymo skaitmeninė transformacija: politiniai ir technologiniai aspektai )Vyriausybės strateginės analizės centras, 2021), https://strata.gov.lt  › tyrimai › 2021-metai.
    wants to offer a vision for the future of public governance in Lithuania, by looking at the maturity stages of the digital transformation of public governance, considering the opportunities created by digitalisation and the implications for the change in the relationship between the state and the citizen. The vision for the future of public governance in Lithuania is formulated and recommendations are made. It emphasises that the digital transformation requires maturity of both the public sector and society itself. Public organisations must be willing to initiate digitisation and be able to develop and use the results of digitisation, and users must be willing, able, and able to use them.

    2. Review of the Lithuanian public administration sector system and the level and future development of e-government in Lithuania

    2.1 Structure of the Lithuanian public administration sector

    The Lithuanian public administration sector comprises the activities of public administration bodies in implementing initiatives set out in laws or regulations, ensuring the quality of life of citizens, the provision of public services, public security and justice, and the sustainable management of the state, social and economic regulation, and other matters of state and municipal governance. In other words, public administration entities may be a state institution or body, a municipal institution or body, an official, a civil servant, a state or municipal enterprise, a public institution owned or shared by the state or municipality, an association who has been authorised to carry out public administration in accordance with Law on public administration of the Republic of Lithuania
    “Republic of Lithuania law on public administration 17 June 1999  No VIII-1234, new edition from 1 November 2020 No XIII-2987“, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.83679/asr.
    and the corresponding procedures laid down in the law on public administration.
    The law on public administration establishes the basic principles of public administration, the fields of public administration, the system of public administration entities and the basis for the organisation of administrative procedure; the basic provisions for the supervision of the activities of economic operators; guarantees the right of individuals to appeal against actions, omissions or administrative decisions of public administration entities, as well as the right to a lawful and objective examination of requests and complaints from individuals; and establishes the rights and obligations of other individuals and public administration entities in the field of public administration. See further in section 3.
    Public administration entities operate in a public sector environment and their objectives are characterised by the pursuit of quality of life for the citizens of the country, which is often measured in qualitative indicators, with a strong focus on the quality of administrative processes. Private sector entities have profit-oriented objectives, which are more often measured in quantitative terms. In Lithuania, there are over 4,000 organisations in the public sector (which includes the public administration sector, the education sector, the social services sector and other sectors) (in 2017, there were 4,244 public sector organisations, including 862 public sector organisations of the state and 3,382 public sector organisations of municipalities).
    Viešojo administravimo sektoriaus paslaugų profesinis standartas ir kitų paslaugų sektoriaus profesinis standartas. Kvalifikacijų tyrimo ataskaita. (Vilnius: MRU, 2019).
    Number of enterprises in the institutional sector of general government on 1 January 2023 - 3177.
    “Official Statistics Portal. Institutional sectors and subsectors”, accessed August 10, 2023, https://osp.stat.gov.lt/instituciniai-sektoriai-ir-subsektoriai.
    The Ministry of the Interior formulates state policy in the field of public administration and organises, coordinates, and controls the implementation of this policy.
    “Ministry of the Interior of the Republic of Lithuania”, accessed August 10, 2023, https://vrm.lrv.lt/lt/veiklos-sritys/viesasis-administravimas.
    The network of public sector bodies in Lithuania consists of
    “Ministry of the Interior of the Republic of Lithuania”, accessed August 10, 2023, https://vrm.lrv.lt/lt/veiklos-sritys/viesasis-administravimas/viesojo-sektoriaus-istaigu-tinklas.
    (see table):
    Central Bank
    In the Republic of Lithuania, the central bank is the Bank of Lithuania, which is owned by the Lithuanian State. The Bank of Lithuania is an integral part of the European System of Central Banks and pursues the objectives and tasks of the European System of Central Banks in accordance with the guidelines and instructions of the European Central Bank.
    2 794 budgetary institutions founded by the State or municipalities (2022-01-20)
    Budgetary institution - a public legal entity with limited civil liability that implements state or municipal functions and is maintained from the appropriations of the state or municipal budgets, as well as from the budgets of the State Social Insurance Fund, the Compulsory Health Insurance Fund, and other state monetary funds.
    18 state-owned enterprises (2022-01-20)
    A state-owned enterprise is an enterprise established from state assets or transferred to the state in accordance with the procedure laid down by law, which belongs to the state by virtue of its ownership and owns, uses and disposes of the assets transferred to it and acquired by it under the right of entrustment.
    69 joint-stock and private joint-stock companies in which the State participates as a shareholder (13-05-2022)
    Joint-stock company - a company with limited liability and legal personality, whose authorised capital is divided into shares of equal nominal value. A private limited liability company is a private legal person with limited civil liability whose authorised capital is divided into shares. The main document regulating the activities of a private limited liability company is the Law on Joint Stock Companies of the Republic of Lithuania, and its shareholders may be both natural persons and legal persons who acquire shares in the company.
    21 Municipal companies (2022-01-20)
    A municipal enterprise is an enterprise established from municipal property or transferred to the municipality in accordance with the procedure laid down by law, which is owned by the municipality and owns, uses and disposes of the property transferred to it and the property acquired by it under the right of entrustment.
    350 public bodies in which municipalities participate as owners or shareholders (2022-05-20)
    Public body, a non-profit public legal person with limited civil liability serving the public interest. It carries out educational, training and scientific, cultural, health care, environmental protection, sports development, social or legal aid and other activities of public benefit.
    253 private limited companies in which municipalities participate as shareholders (2022-05-20)
    A municipality is a collection of a community of permanent residents, vested by law with the right of self-government, and its public authorities.

    2.2 Formulating and coordinating public policy on public administration

    The Lithuanian Ministry of the Interior formulates state policy in the field of public administration and organises coordinates, and controls the implementation of this policy.
    The public sector of the State in Lithuania consists of a set of public sector organisations at the central level of government, which are characterised by a variety of functions (both policy formulation and implementation, including the provision of public services to the population and other activities of public benefit) and legal forms (state budget institutions, public bodies, state-owned enterprises, (private) joint stock companies). Public sector organisations can be divided into key government institutions (ministries, departments), public sector agencies, public bodies, and state-owned enterprises.
    OECD, “Organising the Central State Administration: Policies & Instruments”, SIGMA Papers, 43 (2007), Lietuvos Respublikos vidaus reikalų ministerija su Vyriausybės strateginės analizės centru, Viešojo sektoriaus ataskaita 2016–2019 m. (Vilnius, 2020).
    To ensure compliance with the principle of good governance, the Law on public administration of the Republic of Lithuania was adopted,
    “Republic of Lithuania law on public administration 17 June 1999  No VIII-1234, new edition from 1 November 2020 No XIII-2987“, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.83679/asr.
    which established a framework for the activities of all entities with powers of public administration. Law on public administration of the Republic of Lithuania (LPA)
    “Republic of Lithuania law on public administration 17 June 1999  No VIII-1234, new edition from 1 November 2020 No XIII-2987“, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.83679/asr.
    establishes the principles of public administration, the fields of public administration, the system of public administration entities and the bases for the organisation of administrative procedure; the basic provisions for the supervision of the activities of economic operators; guarantees the right of persons to appeal against actions, omissions or administrative decisions of public administration entities, as well as the right to a law-based and objective examination of requests and complaints from persons. The provisions of Chapters 2 and 3 of this Law shall apply to public administration entities performing functions in accordance with the procedure established by other laws, legal acts of the European Union or international treaties of the Republic of Lithuania, insofar as their activities in taking administrative decisions, providing administrative services, receiving and examining requests or complaints are not established by other laws, legal acts of the European Union or international treaties of the Republic of Lithuania regulating such activities.
    According to the LPA,
    “Republic of Lithuania law on public administration 17 June 1999 No VIII-1234, new edition from 1 November 2020 No XIII-2987“, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.83679/asr.
    the powers of public administration are:
      • collegial or single-person state or municipal institutions, budgetary bodies having the organisational form of ministries, government bodies, other budgetary bodies accountable to the Government, bodies attached to ministries, budgetary bodies accountable to the Seimas, the Bank of Lithuania, the Lithuanian Armed Forces, and municipal administrations - in all the spheres of public administration referred to in Article 6 of the Public Administration Law.
      • public bodies owned or part-owned by the State or a municipality - for administrative decision-making, the provision of administrative services, and the supervision of the implementation of, and compliance with, legislation and administrative decisions.
      • for state and municipal enterprises – administrative decision-making, administrative services.
      • Regional Development Councils – for administrative regulation, administrative decision-making, and the administration of public services.
      • associations operating under separate laws governing their activities - in all areas of public administration referred to in Article 6 of the Law on Public Administration.
      • associations (other than associations operating under separate laws governing their activities) – for administrative decision-making, the provision of administrative services, and monitoring the implementation of and compliance with legislation and administrative decisions.
      • for natural persons with special statutory status, in the areas of administrative decision-making, the provision of administrative services, and the supervision of the implementation of, and compliance with, legislation and administrative decisions.
      Article 3 of the LPA states that the following principles shall guide the activities of public administration entities:
      1. responsibility for decisions taken. This principle implies that a public administration entity, when carrying out administrative regulation or taking administrative decisions, must assume responsibility for the consequences of the administrative regulation or administrative decisions taken.
      2. the prohibition of change for the worse (non reformatio in peius). This principle means that a public administration body may not, when adopting a decision in an administrative procedure, worsen the position of the person on whose application the administrative procedure was initiated.
      3. efficiency. This principle means that, when taking and implementing decisions, a public administration body shall use the resources allocated to it at the lowest possible cost and with the best possible result.
      4. the rule of law. This principle implies that the powers to carry out public administration must be conferred on public administration entities in accordance with the requirements laid down in this Law and that the activities of public administration entities must be in accordance with the legal bases set out in this Law. Administrative decisions relating to the exercise of the rights and obligations of individuals must in all cases be based on the law.
      5. completeness. This principle means that the public administration body must respond to the request or complaint in a clear and reasoned manner, indicating all the circumstances that have influenced the examination of the request or complaint and the specific provisions of the legislation on which it has relied in assessing the content of the request or complaint.
      6. equality of arms. This principle means that a public administration body, when taking administrative decisions, must take into account the fact that all persons are equal before the law and may not restrict or favour their rights on the basis of their sex, race, nationality, language, origin, social or property status, sexual orientation, education, religious or political opinions, type and nature of their activities, place of residence and other circumstances;
      7. innovation and openness to change. This principle implies that a public administration entity should seek new and effective ways to better address the challenges of public administration and to continuously improve its performance through the application of cutting-edge methods, models, technologies, tools, or best practices.
      8. non-abuse of power. This principle implies that public administration entities are prohibited to perform public administration functions without public administration powers granted in accordance with this Law or to take administrative decisions for purposes other than those established by law or other legal acts.
      9. objectivity. This principle implies that the adoption of an administrative decision and other official actions of a public administration body must be impartial and objective.
      10. proportionality. This principle implies that the scope of the administrative decision and the means of its implementation must be consistent with the necessary and reasonable objectives of the administration.
      11. transparency. This principle implies that the activities of a public administration body must be public, except in cases provided for by law.
      12. subsidiarity. This principle implies that decisions of public administration entities must be taken and implemented at the lowest level of the public administration system capable of ensuring efficiency.
      13. single window. This principle means that a person is provided with information, a request or a complaint is received and answered at a single place of work. The public administration entity which examines the request or complaint and takes the administrative decision shall itself examine the request or complaint and obtain information from its administrative units, subordinate entities and, where appropriate, from other public administration entities, without being obliged to do so by the person who submitted the request or complaint.
      The areas of public administration are regarded as:
      • administrative regulation – the activities of public administration bodies in drafting laws and other regulatory legal acts and adopting regulatory administrative acts.
      • administrative decision-making: the activities of public administration entities in drafting laws and other regulatory legal acts and adopting regulatory administrative acts.
      • ‘provision of administrative services’ means the activities of a public administration entity, as defined in the Law on Public Administration, related to the issuance of documents or the provision of information.
      • supervision of the implementation of and compliance with legal acts and administrative decisions.
      • ‘administration of public service provision’ means the activities of public administration entities, as provided for by law, in establishing rules and procedures for the provision of public services, issuing authorisations for the provision of public services, establishing legal entities in the appropriate form, or selecting other persons to provide public services, and supervising the provision of public services.
      Administrative services include:
      • Services relating to the issue of documents required by law, the possession of which confirms the acquisition of a right conferred by a public administration body.
      • Services relating to the action of a public administration entity in issuing documents required by law containing information held in public registers, public information systems, archives or by the public administration entity itself.
      • Services relating to the receipt of documents or information required by law and provided by persons to public administration bodies.
      • Services relating to the registration of information required by law in public registers or public information systems at the request of a person.
      Public services – activities carried out under the supervision of public administration entities, in accordance with the requirements laid down by law and/or by public administration entities, which create benefits guaranteed by the State or municipalities and equally accessible to members of the public.
      Administration of the provision of public services - the activities of public administration entities, carried out in accordance with the procedures laid down by law, in establishing the rules and procedures for the provision of public services, in issuing authorisations for the provision of public services, in setting up legal entities in the appropriate form or in selecting other persons to provide public services, and in supervising the provision of public services.
      Pursuant to Article 17(2) of the Law of the Republic of Lithuania on Strategic Management
      “Republic of Lithuania law on Strategic Management 25 June 2020 No XIII-3096, new edition from 1 January 2022 No XIV-836“, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/90386d20bab711ea9a12d0dada3ca61b/asr.
      and in the framework of the implementation of the National Progress Plan for the period 2021–2030, approved by the Resolution of the Government of the Republic of Lithuania No. 998 of 9 September 2020 On the Approval of the National Progress Plan for the period 2021–2030, the Government of the Republic of Lithuania approved the Public Governance Development Programme for the Ministry of Interior, the manager of the Development Programme, for 2022–2030.
      “Resolution No 206 of the Government of the Republic of Lithuania of 9 March 2022 “On approval of the public management development program of the Ministry of the Interior of the Republic of Lithuania, manager of the 2022–2030 development program”, TAR, accessed August 10, 2023, https://www.e-tar.lt/portal/lt/legalAct/9ba13c90a4f911ec8d9390588bf2de65.
      Progress measures to address problems in public administration is: 
      • Reform the structure of public administration to optimise the scope of public functions and the rational distribution of public functions between national and local authorities.
      • Improve the quality, accessibility, and delivery of administrative and public services.
      • The integrated implementation of all these objectives will ensure a targeted, coherent, and coordinated improvement of public governance, covering all the key components of public governance - the structure of the public governance system, the functions of the institutions operating within it, the key processes of public governance, and the human resources - at all three levels of governance (state, regional and municipal).

      2.3 Digital transformation of Lithuanian public governance

      Today, we can observe changes in the forms of public service delivery, in the processes of policy formulation and decision-making, and in aspects of regulation and implementation. There is a focus on user-friendliness in public service delivery. In the area of policy formulation and decision-making, there has been a shift from decision-making in consultation with stakeholders to co-creation-based decisions. The potential of artificial intelligence is increasingly being exploited. At the level of regulation and implementation, there is a shift from long and rigid regulatory processes to dynamic and adaptive solutions. At the level of performance management, public organisations are integrating various functions and digitising their processes.
      Žemyna Pauliukaitė-Gečienė and Ramunė Juozapaitienė, Lietuvos viešojo valdymo skaitmeninė transformacija: politiniai ir technologiniai aspektai )Vyriausybės strateginės analizės centras, 2021), https://strata.gov.lt  › tyrimai › 2021-metai.
      Promoting the digital transformation of governments remains a key priority for the European Union.
      eGovernment Benchmark 2022. Synchronising Digital Governments, Insight report, Written by Capgemini, Sogeti, IDC and Politecnico di Milano for the European Commission Directorate‑General for Communications Networks, Content and Technology, July – 2022, European Commission B-1049 Brussels, (Luxembourg: Publications Office of the European Union, 2022).
      As part of the EU's Digital Decade ambition, Europe aims to deliver all essential public services online by 2030. Europe has developed a framework for more people-centred digital initiatives that respect European values, the Digital Rights and Principles Declaration.
      “European Parliament, Council, European Commission.European Declaration on Digital Rights and Principles for the Digital Decade (2023/C 23/01)”, accessed August 10, 2023, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:JOC_2023_023_R_0001.
      The e-Government Benchmark compares how governments deliver digital public services across Europe. It has become an internationally recognised study that looks at how platforms for citizens, businesses, tourists and expat communities continue to improve.
      eGovernment Benchmark 2022. Synchronising Digital Governments, Insight report, Written by Capgemini, Sogeti, IDC and Politecnico di Milano for the European Commission Directorate‑General for Communications Networks, Content and Technology, July – 2022, European Commission B-1049 Brussels, (Luxembourg: Publications Office of the European Union, 2022).
      E-government is a cross-cutting public policy area that encompasses or is closely linked to other areas such as the development of the information society, public e-services, management of public information resources, e-signatures, ICT, and information technology security. The Strategy was adopted in 2010 – A Digital Agenda for Europe.
      “Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. A Digital Agenda for Europe, COM/2010/0245 final”, accessed August 10, 2023, https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A52010DC0245.
      The European Commission stresses that eGovernment is first and foremost an element of public administration, and its development must therefore be focused on the application of IT to improve the public administration system, increase the accessibility and quality of public services, reduce costs, etc. The introduction of eGovernment improves the smoothness of administrative processes, the quality of services and the internal efficiency of the public sector. Digital public services reduce the administrative burden on businesses and citizens by making interactions with public administrations faster and more efficient, more convenient, more transparent and cheaper. In addition, the use of digital technologies, when integrated into strategies to modernise government, can have other economic and social benefits for society. Lithuania's strategic objectives in the digital transformation of public administration are influenced by the EU's digitisation policy. In 2021, the European Commission proposed a Digital Agenda for the European Union until 2030.
      “European Commission. Proposal for a Decision of the European Parliament and of the Council establishing the 2030 Policy Programme “Path to the Digital Decade”, COM(2021) 574 final”, accessed August 10, 2023, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52021PC0574.
      Ensuring that all essential public services are provided, and all medical records are available online, creating a secure and sustainable digital infrastructure.
      Žemyna Pauliukaitė-Gečienė and Ramunė Juozapaitienė, Lietuvos viešojo valdymo skaitmeninė transformacija: politiniai ir technologiniai aspektai )Vyriausybės strateginės analizės centras, 2021), https://strata.gov.lt  › tyrimai › 2021-metai.
      By 2030, the EU framework should lead to the widespread adoption of trusted, user-controlled identities, allowing every citizen to control their own interactions and online presence. Consumers can easily and fully use online services across the EU while preserving their privacy. To be fully empowered, people should first have access to affordable, secure and high-quality connectivity, the opportunity to learn basic digital skills that should become a right for all, and other tools that together enable them to participate fully in the economic and social activities of today and tomorrow. They must also have easy access to digital public services based on a universal digital identity, as well as access to digital health services. In addition, the digital technologies and services used by people must comply with the applicable legal framework and respect the rights and values inherent in the "European way". In addition, a human-centred, safe and open digital environment should comply with the law, but also allow people to exercise their rights, such as privacy and data protection, freedom of expression, children's rights and consumer rights.
      “2030 digital compass. The European way for the digital decade”, accessed August 10, 2023.

      2.4 Electronic government gateways. Portal of Lithuanian administrative and public services
      “E-Government Gateway. Administrative and public e-services portal”, accessed August 10, 2023, https://www.epaslaugos.lt/portal/.

      In 2002, the Government of the Republic of Lithuania approved the e-Government Concept,
      “Resolution No 464 of the Government of the Republic of Lithuania of 13 May 2009 “On the Government of the Republic of Lithuania in 2004 April 28 resolution no. 488 “On approval of the strategy for the development of public administration until 2010” and 2002 December 31 resolution no. 2115 “On approval of the concept of electronic government” recognition as invalid”, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.344569?jfwid=10mfejburv.
      which set out the main objective of e-government – e-government aims to improve (using digital technologies) the provision of public services to state and municipal institutions and bodies, residents of the Republic of Lithuania, and business entities. At present, the conditions for the organisation of e-government are regulated by several legal acts.
      Law on information society services of the Republic of Lithuania
      “Republic of Lithuania law on information society services 25 May 2006 No X-614“, TAR, accessed August 10, 2023, https://www.e-tar.lt/portal/lt/legalAct/TAR.8A719A97956F/asr.
      regulates the provision of information society services and other activities of information society service providers. It defines an information system as a set of technical and software tools used to create, send, receive, store or otherwise process information electronically. Information society services' means services which are generally provided for remuneration by electronic means and at a distance at the request of an individual user of an information society service. The regulation of the provision of information society services and other activities of service providers shall be based on the principles of non-discrimination, technological neutrality, functional equivalence, freedom of contract, promotion of self-regulation, legal protection of personal data, consumer protection, proportionality, protection of intellectual property rights, objectivity, freedom of expression, legal certainty, and legitimate expectations.
      Law on State Information Resources Management of the Republic of Lithuania
      “Republic of Lithuania law on State Information Resources Management 15 December 2011 No XI-1807“, TAR, accessed August 10, 2023, https://www.e-tar.lt/portal/lt/legalAct/TAR.85C510BA700A/asr.
      The objective is to ensure the proper development, management, operation, use, maintenance, interoperability, planning, financing, and security of the State's information resources. It has been defined that a state information system is a set of legal, organisational, technical and software tools for processing information necessary for a state institution (institutions) or a state body (bodies) to perform its statutory functions other than internal administration. State information resources’ means the totality of the information managed by the institutions in the performance of their statutory functions, processed by means of information technology, and the information technology tools that process it. Resolution of the Government of the Republic of Lithuania “On the use of the interoperability system of information systems of public administration institutions in the provision of public and administrative services in the electronic space”
      “Resolution No 1659 of the Government of the Republic of Lithuania of 16 December 2009 “On the use of the interoperability system of information systems of public administration institutions in the provision of public and administrative services in the electronic space”, TAR, accessed August 10, 2023, https://www.e-tar.lt/portal/lt/legalAct/TAR.466BCE51694D/asr.
      stipulates that ministries, government agencies of the Republic of Lithuania and other state institutions and bodies accountable to the Government of the Republic of Lithuania, bodies attached to ministries, and other state institutions and bodies subordinate to ministries, which administer public and administrative services in cyberspace, must, as of 1 March 2010, ensure the availability of these services through the portal of the system of interoperability of the information systems of public administration institutions. Provisions of the interoperability platform for public information resources
      “Order No 4-886 of the Minister of Economy and Innovation of the Republic of Lithuania of 9 August 2021 “On regarding the modernization of the state information resources interoperability platform, the approval of the provisions of the state information resources interoperability platform and the data security provisions of the state information resources interoperability platform”, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/99d5f6b2f94811ebb4af84e751d2e0c9?jfwid=12rj839ihb.
      regulates the legal basis for the establishment of the State Information Resources Interoperability Platform (SIRIP), its purpose, objectives, tasks, functions, organisational, informational, and functional structure, procedures for the provision and use of data, data security requirements, financing, modernisation and liquidation. The objective of the VIISP is to provide a one-stop shop for natural and legal persons to access electronically the public and administrative services provided by the institutions referred to in the Law on the Management of State Information Resources, and to provide the institutions with the services referred to in that Law. Order of the Director of the Committee for Development of the Information Society under the Government of the Republic of Lithuania “On the approval of the rules for the functioning of the interoperability platform for state information resources”
      “Order No T-228 of the Director of the Information Society Development Committee under the Government of the Republic of Lithuania of 1 December 2008 “On regarding the approval of the functioning rules of the state information resource interoperability platform”, TAR, accessed August 10, 2023, https://www.e-tar.lt/portal/lt/legalAct/TAR.524ED597514C/asr.
      regulates the procedure for the provision and administration of the services of the State Information Resources Interoperability Platform (VIISP), the rights and obligations of the VIISP manager, the users of the VIISP, the recipients of the VIISP services, the recipients of the data, the intermediary of the payment service, and the users of the VIISP self-service area. General requirements for websites and mobile applications of state and municipal authorities and bodies
      “Resolution No 480 of the Government of the Republic of Lithuania of 18 April 2003 “On regarding the general requirements for the website and mobile applications of state and municipal institutions and bodies, the description of approval”, new edition from 15 December 2018 No 1261, TAR, accessed August 10, 2023, https://www.e-tar.lt/portal/lt/legalAct/TAR.3FB3953EFFDC/asr.
      Objective - to enable the public to access online all public information referred to in the Law of the Republic of Lithuania on the Right to Access to Information and the Re-use of Data about state and municipal institutions and bodies and other entities, their functions, draft laws and other regulatory legal acts and related legal information, to unify the institutions' websites, to ensure their efficiency, the relevance of the information they contain, their reliability, their searchability, the regular updating of the information, and the requirements of accessibility in terms of adaptation of the institution's website or mobile application.
      Interoperability Platform for State Information Resources – consists of two main parts: the interoperability platform and the e-services portal "Electronic Government Gateway” (www.epaslaugos.lt ), which is designed to provide a one-stop access to e-services in Lithuania for citizens, businesses and the public sector. Using information technology, public authorities are continuously updating the functionality and accessibility of e-services. The e-Government Gateway portal provides information and links to the most important public and administrative e-services available in Lithuania for citizens and businesses. The portal is designed to make it easier and more convenient for users to access the services, which are grouped by life cases and by service categories. The portal allows citizens to view the e-signed documents they have received (ADOC – electronically signed electronic document format. This format complies with the requirements of ADOC-V1.0, the Specification for Electronically Signed Electronic Documents, approved by the Lithuanian Department of Archives under the Government of the Republic of Lithuania), as well as to draw up and sign them with an e-signature (e.g., contracts, powers of attorney, etc.). To use e-services, users must authenticate their identity by logging in through one of the following channels: e-banking, electronic identification, or foreign identification (eIDAS). The Regulation is the basis for cross-border electronic identification, authentication, and trust services (eIDAS)
      “eIDAS Regulation”, accessed August 10, 2023, https://digital-strategy.ec.europa.eu/en/policies/electronic-identification.
      and website certification in the EU. The eIDAS Regulation is the basis for cross-border electronic identification, authentication, and trust services (eIDAS) and website certification in the EU.
      The Information Society Development Programme 2014–2020
      “Resolution No 244 of the Government of the Republic of Lithuania of 12 March 2014 “On regarding the approval of the 2014–2020 program “Digital Agenda of the Republic of Lithuania” for the development of the information society”, new edition from 23 December 2017 No 1085”, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/a66c0760b04011e3bf53dc70cf7669d9/asr?positionInSearchResults=7&searchModelUUID=43f2e906-984f-4050-a135-35248d34b76a.
      “The Digital Agenda of the Republic of Lithuania” has been prepared because the development of the information society is a dynamic, fast-moving process in many spheres of the society and the state activities, affecting various spheres of the society’s life and the sectors of the state economy. The purpose of the agenda is to set objectives and targets for the development of the information society to maximise and secure the use of information and communication technologies, in particular the Internet. The Programme has been prepared in the context of the European Commission’s programming documents on the Digital Agenda for Europe.
      For example, COM (2010) 245, COM (2012) 784, COM (2015) 192, COM(2016) 381, etc.

      2.5 Information Society Development Outlook 2022
      "Informacinės visuomenės plėtros 2022 m. apžvalga“, accessed August 10, 2023, http://statistika.ivpk.lt/ataskaitos.

      2.5.1 Use of information technology by the population
      According to the Lithuanian Statistics Department, in 2022, 80% of households will have personal computers at home and 88% will have internet access. In urban areas, 84% of households had personal computers at home and 90% had internet access, while in rural areas 73% and 84% had internet access. 88% of the population aged 16–74 used the internet in 2022. 100% of 16–24-year-olds used the internet, 57% of 65–74-year-olds. 82% of 16–74-year-olds used the internet daily. The main uses of the internet were information search, communication, leisure, and banking. For health-related purposes, 72% of the population aged 16–74 used the internet or mobile apps in 2022. 32% of the population aged 16–74 used the internet for learning, training, or self-education.
      Developing public electronic services.
      "Informacinės visuomenės plėtros 2022 m. apžvalga“, accessed August 10, 2023, http://statistika.ivpk.lt/ataskaitos.
      According to the data of the Lithuanian Statistics Department, 74% of the population aged 16–74, or 83% of internet users aged 16–74, used the electronic services of state institutions or other public service agencies at least once a year. According to a survey commissioned by the Committee for the Development of the Information Society in Q2 2022, 59% of the Lithuanian population visited the websites of public institutions and bodies in the last 12 months. The most frequent use of these websites is to search for information about a state institution or body, to use electronic public services provided by state institutions and bodies, to search for information about public services provided by state institutions and bodies and how to obtain them, to download applications and forms, and to search for information about employees and their contacts. The most popular e-services among the population are: income tax declarations (46%), health-related services (45%), car registration (20%), personal documents (20%) and job search.
      According to the survey, 42% of the Lithuanian population visited the Electronic Government Gateway portal www.epaslaugos.lt . The most frequent reason for visiting the portal was to order or use an electronic service (66%). The majority of citizens who have visited the websites of public authorities in the last year (88%) reported that they have not experienced any security problems.
      2.5.2 Use of information technology in enterprises
      "Informacinės visuomenės plėtros 2022 m. apžvalga“, accessed August 10, 2023, http://statistika.ivpk.lt/ataskaitos.
      According to the Lithuanian Statistics Department, 3.8% of companies used industrial or service robots at the beginning of 2022. In 2022, 38.3% of companies held remote meetings, 16.7% of companies had IT security rules for holding remote meetings online and 12.4% of companies had rules giving priority to remote meetings online. In 2022, 17.2% of companies had IT specialists. 
      2.5.3 Use of information technology in state and municipal institutions and bodies
      "Informacinės visuomenės plėtros 2022 m. apžvalga“, accessed August 10, 2023, http://statistika.ivpk.lt/ataskaitos.
      According to a survey conducted by the Lithuanian Statistics Department in early 2022, 47.2% of state and municipal institutions and bodies provide level 4 electronic services online, i.e., they are able to fully participate in the processes via the website, applications, case management, decision-making and other standard procedures are carried out via the website, and the applicant does not need to undergo any other formal "paper" procedures. And as many as 21.5% of the institutions provide Level 5 electronic services online, i.e., automatic provision of available information. At the beginning of 2022, 77.1% of offices made various forms available for download and 50.7% returned completed forms. 47.2% of the institutions indicated that they provide part of their services electronically. At the beginning of 2022, 61.5% of the institutions provided services via the electronic government gateway, 100% via email, 53.8% provided information services via social networks, 11.8% via internet phone connection and 8.7% via mobile applications. Information technology (IT) professionals accounted for 2.4% of all state and municipal institutions.
      According to the United Nations Electronic Government Development Index (EGDI), Lithuania was ranked 24th out of 193 countries in the world in 2022.
      The effectiveness of Lithuania's digitisation policy and the potential for digitisation development is indicated by the Digital Economy and Society Index (DESI). Over the last five years, Lithuania's position is in line with the EU average and, according to the DESI for 2020, Lithuania ranks 14th among EU countries with a score of 53.9. This compares with an EU average of 52.6 points. Lithuania’s high level of digital security provides the preconditions for a successful digital transformation. Rapid technological development creates not only opportunities but also threats, which is why the focus is on the areas of legal regulation and national security. The State’s vision for mitigating the potential negative impact of the opportunities offered by technology is defined in the Cybersecurity Strategy. The European Commission has published new results from the Digital Economy and Society Index (DESI), which show progress in digital competitiveness in the areas of human capital, broadband, the integration of digital technologies in enterprises and digital public services. In the report published by the Portulans Institute, which publishes the Networked Readiness Index (NRI), which assesses the ability of countries to exploit the potential of ICT, Lithuania is ranked 33rd out of 131 countries in the world in 2022, with a score of 62.78 points. According to the DESI, Lithuania ranks 14th out of 27 countries with a score of 52.7 in 2022.
      Lithuania is ranked 3rd in the world in the cybersecurity component of the Digital Quality of Life Index, and therefore has excellent opportunities to implement a successful digitalisation policy by improving the efficiency of public governance and the data protection legal framework. The performance of the public sector in digitisation can be compared internationally through the results of the Digital Government Index (DGI). In 2019, Lithuania was ranked 27th among 33 countries in this index. In summary, Lithuania’s progress in the digital transformation process is evident, but a successful digital transformation of public governance as a complex and long-term process requires strengthening the components of data openness, skills, and citizen engagement, as well as the further development of the cybersecurity domain, which creates the prerequisites for sustained progress in.
      Žemyna Pauliukaitė-Gečienė and Ramunė Juozapaitienė, Lietuvos viešojo valdymo skaitmeninė transformacija: politiniai ir technologiniai aspektai )Vyriausybės strateginės analizės centras, 2021), https://strata.gov.lt  › tyrimai › 2021-metai.
      In the European e-Government Scoreboard, a survey of 36 countries, Lithuania was among the top-ranked countries. Lithuania, along with Malta, Estonia, Finland, and Denmark, was ranked in the top five as the most technologically advanced country in terms of public e-services. Lithuania was among the leaders in the ranking of electronic services accessible via an eID. Lithuania also scored high in e-government transparency. Public e-services are assessed based on 4 main aspects: user-orientation, transparency, technical adaptability of e-services and cross-border provision of e-services.
      Lithuania can be said to have made significant progress both in terms of technological level and digital maturity. The assessment of Lithuania's position in international digitisation indices shows that, compared to other countries, Lithuania is in a strong position in terms of progress in the digitisation of public services, the quality of digital life, is a leader in the field of GovTech, and has a high level of cybersecurity. However, a successful digital transformation of public governance, as a complex and long-term process, requires the strengthening of the components of data openness, skills, and citizen involvement, as well as further development of the cyber security area, which creates the preconditions for sustainable progress. The analysis of strategic documents has shown that in public governance, Lithuania aims to.
      Žemyna Pauliukaitė-Gečienė and Ramunė Juozapaitienė, Lietuvos viešojo valdymo skaitmeninė transformacija: politiniai ir technologiniai aspektai )Vyriausybės strateginės analizės centras, 2021), https://strata.gov.lt  › tyrimai › 2021-metai.

      3. Lithuania’s legal framework for public administration with a focus on the relevant parts of national constitution and the human rights.

      European principles of good administration are relevant not only for the Member States of the European Union, but also for all the Council of Europe countries, in defining the activities of public administration in their domestic law.
      The development of the public administration sector is directly linked to public policy priorities and demographic changes, the best practices of international organisations (European Union, Organisation for Economic Development and Cooperation) and their member states, advances in information technology and other factors. The governance of the State and the real functioning of government decisions are inseparable from the activities of public administration institutions in the field of administrative regulation, which includes the adoption of normative administrative acts to implement laws and other legal acts. Regulatory administrative acts lay down generally binding rules of conduct of a general nature (a specific pattern of behaviour of the participants in the regulated legal relations) relevant to a particular area of State or municipal governance, which are necessary for the implementation of the rights conferred by laws or other legal acts or the fulfilment of the obligations imposed; such an act essentially lays down the procedure and conditions for the implementation of a particular law or other legal act.
      „Lietuvos vyriausiojo administracinio teismo praktikos, taikant teisės gauti informaciją iš valstybės ir savivaldybių institucijų ir įstaigų įstatymo normas, apibendrinimas“, accessed August 10, 2023, https://www.lvat.lt/veikla/teismu-praktika/teismu-praktikos-apibendrinimai/206.
      In the Republic of Lithuania, the development of law, including administrative law, is inseparable from the processes of Europeanisation of law.
      Ingrida Danėlienė and Ieva Saudargaitė, „Europos Sąjungos Pagrindinių teisių chartijoje įtvirtinta teisė į gerą administravimą“, Teisė, 99 (2016): 92–109.
      The application and interpretation of the Charter of Fundamental Rights of the European Union,
      “Charter of Fundamental Rights of the European Union, (2012/C 326/02), 26.10.2012”, accessed August 10, 2023, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012P/TXT.
      including at the national level, has been repeatedly studied by Lithuanian legal scholars.
      For example, Allan Rosas, “When is the EU Charter of Fundamental Rights Applicable at National Level?”, Jurisprudence, 19, 4 (2012): 1269–1288; Skirgailė Žaltauskaitė-Žalimienė, “Interpretation and Application of the European Union Charter of Fundamental Rights”. From Žmogus, teisinė valstybė ir administracinė justicija: Mokslo studija, skirta Lietuvos vyriausiojo administracinio teismo dešimtmečiui (Vilnius, 2012), 543–573; Inga Jablonskaitė-Martinaitienė and Salvija Kavalnė, „Europos Sąjungos pagrindinių teisių chartija Teisingumo Teismo praktikoje po Lisabonos sutarties įsigaliojimo: bendros tendencijos ir ateities perspektyvos“. From Žmogus, teisinė valstybė ir administracinė justicija: Mokslo studija, skirta Lietuvos vyriausiojo administracinio teismo dešimtmečiui (Vilnius, 2012), 212–236.
      The implementation of the principles enshrined in the Charter in the system of administrative law, as well as the impact of the right to good administration on the Lithuanian legal system, have also been the subject of research.
      Jurgita Paužaitė-Kulvinskienė, „Atsakingo valdymo principas bei jo procesinės garantijos“, from Administraciniai teismai Lietuvoje. Nūdienos iššūkiai: kolektyvinė monografija (Vilnius: Lietuvos vyriausiasis administracinis teismas, 2010), 228–243; Ingrida Danėlienė, “The Right to Good Administration: the Impact of European Union Law on the Development of the Principles of Lithuanian Administrative Law”, from Žmogus, teisinė valstybė ir administracinė justicija: Mokslo studija, skirta Lietuvos vyriausiojo administracinio teismo dešimtmečiui (Vilnius, 2012), 431–452.
      The provisions of Article 41 of the Charter (Right to good administration) are inextricably linked to the provisions of Article 47 of the Charter (Right to an effective remedy and a fair trial), which are designed to regulate the right to an effective remedy and to a fair trial. While the right to good administration under Article 41 of the Charter relates specifically to the relationship between individuals and the institutions of the European Union, the obligations of the national authorities of the Member States are often defined accordingly. The relationship between the principle of responsible governance and the principle of good administration is established in the Lithuanian legal system. The Constitutional Court of Lithuania has stated that the Constitution of Lithuania
      “Constitution of the Republic of Lithuania”, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalActPrint/lt?jfwid=rivwzvpvg&documentId=TAIS.211295&category=TAD.
      the principle of responsible governance requires all state institutions and officials to exercise their functions in accordance with the Constitution, and the law, in the interests of the people and the State of Lithuania, and to exercise properly the powers conferred on them by the Constitution and the law.
      Lietuvos Konstitucinio Teismo 2012 m. spalio 26 d., 2012 m. lapkričio 10 d. išvados, 2014 m. gegužės 27 d., 2014 m. liepos 11 d., 2015 m. lapkričio 19 d. nutarimai.
      It is possible to analyse the legal framework in Lithuanian national law in relation to the right to good administration enshrined in Article 41 of the Charter.
      Lithuanian public administration legislation:
      • Law on public administration of the Republic of Lithuania.
        “Republic of Lithuania law on public administration 17 June 1999  No VIII-1234, new edition from 1 November 2020 No XIII-2987“, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.83679/asr.
      • Law on the Government of the Republic of Lithuania.
        “Republic of Lithuania law on the Government 19 May 1994 No I-464, new edition from 28 April 1998 No VIII-717”, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.5807/asr.
      • Rules for examining requests and complaints of individuals in public administration entities.
        “Resolution No 875 of the Government of the Republic of Lithuania of 22 August 2007 “On the approval of the rules for handling requests and complaints of individuals in public administration entities”, new edition from 7 December 2021 No 1014”, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.303479/asr.
      • Regarding the approval of the model administrative structure of the ministry and the model institution under the administrative structure of the ministry.
        “Resolution No 1043 of the Government of the Republic of Lithuania of 17 October 2018 “On approval of the model administrative structure of the ministry and the model institution attached to the administrative structure of the ministry”, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/3169bfa4d60311e8a3fadd00a256c61a?jfwid=ppvfz0i5o.
      • Guidelines for improving the system of public sector institutions.
        “Resolution No 8615 of the Government of the Republic of Lithuania of 29 May 2018 “On the approval of the guidelines for the improvement of the system of public sector institutions and the action plan for the implementation of the guidelines for the improvement of the system of public sector institutions”, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/e2db3340632b11e8b7d2b2d2ca774092/asr.
      • Methodology for reviewing the functions of institutions accountable to the government.
        “Resolution No 968 of the Government of the Republic of Lithuania of 27 August 2011 “On approval of the methodology for reviewing the functions of institutions accountable to the Government of the Republic of Lithuania”, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.405024/asr.
      • Recommendations for the preparation of regulations of ministries, government institutions, institutions attached to ministries.
        “Order No IV-15 of the Minister of Internal Affairs of the Republic of Lithuania of 18 January 2007 “On the approval of recommendations for the preparation of regulations of ministries, government institutions, institutions attached to ministries”, new edition from 20 May 2020 No 1V-478”, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.291559/asr.
      • Description of the procedure for drawing up descriptions of public and administrative services.
        “Order No IV-644 of the Minister of Internal Affairs of the Republic of Lithuania of 1 December 2009 “On approval of the description of the procedure for the preparation of descriptions of the provision of public and administrative services”, new edition from 13 July 2017 No 1V-497”, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.360388/asr.
      • Regulations of the information system for monitoring and analysing public and administrative services.
        “Order No IV-272 of the Minister of Internal Affairs of the Republic of Lithuania of 8 April 2016 “On the establishment of the information system for monitoring and analysis of public and administrative services and the approval of the provisions of the information system for monitoring and analysis of public and administrative services and data security provisions”, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/fb4b5bc0fdc611e5bf4ee4a6d3cdb874/asr.
      • Methodology for identifying and assessing administrative burdens on citizens and other persons.
        “Resolution No 213 of the Government of the Republic of Lithuania of 23 February 2011 “On the approval of the methodology for determining and evaluating the administrative burden on citizens and other persons”, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.393064?jfwid=92zt7sdvu.
      • Methodology for calculating the public service user satisfaction index.
        “Order No IV-339 of the Minister of Internal Affairs of the Republic of Lithuania of 30 June 2009 “On the approval of the methodology for calculating the satisfaction index of public services users”, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.393064?jfwid=92zt7sdvu.
      Article 5 of the Law on public administration of the Republic of Lithuania (LPA)
      “Republic of Lithuania law on public administration 17 June 1999  No VIII-1234, new edition from 1 November 2020 No XIII-2987“, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.83679/asr.
       states that public administration powers may be conferred by law, a directly applicable legal act of the European Union, a ratified international treaty of the Republic of Lithuania, a legal act adopted by a state authority or a council of a municipality, a resolution of the Government adopted to implement the provisions of the law, a directly applicable legal act of the European Union or a ratified international treaty of the Republic of Lithuania, etc.
      Article 3 of the Republic of Lithuania Law on the Government
      “Republic of Lithuania law on the Government 19 May 1994 No I-464, new edition from 28 April 1998 No VIII-717”, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.5807/asr.
      stipulates that the Government shall be guided in its activities by the Constitution of the Republic of Lithuania, the international treaties of the Republic of Lithuania, laws, the Government Programme, other legal acts, and shall coordinate its activities with the State Progress Strategy
      Rules for examining requests and complaints of individuals in public administration entities
      “Resolution No 875 of the Government of the Republic of Lithuania of 22 August 2007 “On the approval of the rules for handling requests and complaints of individuals in public administration entities”, new edition from 7 December 2021 No 1014”, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.303479/asr.
      regulate the examination of requests and complaints and the treatment of individuals in public administration entities, as well as in entities that provide public services and deal with requests and complaints concerning these public services. The provisions of the Rules shall apply to the examination of requests and complaints from individuals and to the servicing of individuals in the institutions insofar as those legal relations are not regulated by laws, directly applicable legal acts of the European Union, international treaties of the Republic of Lithuania, or legal acts adopted based on such treaties. Provisions which are not laid down in laws, directly applicable legal acts of the European Union, but which are necessary for the smooth processing of requests and complaints from persons may be regulated by an internal administrative act adopted by the head of the institution. The wording 'electronic means of communication' used in the Rules includes the information technologies chosen and used by the institution for its public communications or for the service of persons. Rules for examining requests and complaints of individuals in public administration entities regulate the examination of requests and complaints and the treatment of individuals in public administration entities, as well as in entities that provide public services and deal with requests and complaints concerning these public services. The provisions of the Rules shall apply to the examination of requests and complaints from individuals and to the servicing of individuals in the institutions insofar as those legal relations are not regulated by laws, directly applicable legal acts of the European Union, international treaties of the Republic of Lithuania, or legal acts adopted on the basis of such treaties. Provisions which are not laid down in laws, directly applicable legal acts of the European Union, but which are necessary for the smooth processing of requests and complaints from persons may be regulated by an internal administrative act adopted by the head of the institution. The wording 'electronic means of communication' used in the Rules includes the information technologies chosen and used by the institution for its public communications or for the service of persons. Other terms used in the Rules are defined in Regulation (EU) 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market,
       “Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC”, accessed August 10, 2023, https://eur-lex.europa.eu/legal-content/LT/TXT/?uri=celex%3A32014R0910.
      Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data,
      “Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, accessed August 10, 2023, https://eur-lex.europa.eu/legal-content/LT/TXT/?uri=CELEX%3A32016R0679.
      the Postal Law of the Republic of Lithuania, the Law on the right to obtain information and data re-use of the Republic of Lithuania, the Law on the Civil Service of the Republic of Lithuania, and the Law on public administration of the Republic of Lithuania. In the cases provided for in the Rules, the protection of personal data shall be ensured in accordance with the provisions of Regulation (EU) 2016/679.
      Guidelines for the drafting of regulations for ministries, government bodies and bodies attached to ministries
      “Order No IV-15 of the Minister of Internal Affairs of the Republic of Lithuania of 18 January 2007 “On the approval of recommendations for the preparation of regulations of ministries, government institutions, institutions attached to ministries”, new edition from 20 May 2020 No 1V-478”, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.291559/asr.
      are functions specific to ministries, related to the purpose of the ministry as set out in the Law on the Government and contributing equally to the achievement of all the ministry's objectives, but not set out in any other legal acts (to prepare planning documents for the spheres of governance entrusted to the minister, to organise, coordinate and control their implementation; to prepare drafts of legal acts adopted by the Seimas of the Republic of Lithuania, Government decrees, decisions and resolutions, and other legal acts on issues within the ministry's remit, and to coordinate/organise their implementation; to transpose into national law and implement the European Union acquis, etc.) ) are set out after the objectives of the Ministry.
      Description of the procedure for drawing up descriptions of public and administrative services
      “Order No IV-644 of the Minister of Internal Affairs of the Republic of Lithuania of 1 December 2009 “On approval of the description of the procedure for the preparation of descriptions of the provision of public and administrative services”, new edition from 13 July 2017 No 1V-497”, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.360388/asr.
      lays down the general requirements for the identification, grouping, structuring, and drafting of the description of the provision of a public and administrative service, its completion in the Public and Administrative Services Monitoring and Analysis Information System (PASIS) and its approval and publication. PASIS is an IS for monitoring and analysis of public and administrative services, which collects data on public and administrative services (descriptions of the provision of services and their monitoring indicators) and publishes them in the online portal "Catalogue of Lithuanian Services". The descriptions of administrative services in PASIS are filled in by public administration entities that provide administrative services to individuals. PASIS shall contain descriptions of all administrative services provided by the institution and of the public services they administer and provide.
      Regulations of the information system for monitoring and analysing public and administrative services
      “Order No IV-272 of the Minister of Internal Affairs of the Republic of Lithuania of 8 April 2016 “On the establishment of the information system for monitoring and analysis of public and administrative services and the approval of the provisions of the information system for monitoring and analysis of public and administrative services and data security provisions”, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/fb4b5bc0fdc611e5bf4ee4a6d3cdb874/asr.
      establishes the legal basis, purpose, objectives and functions of the Public and Administrative Services Monitoring and Analysis Information System (PASIS), the organisational, informational and functional structure of PASIS, the procedures for the provision and use of PASIS data, the data security requirements of PASIS, the financing, upgrading and decommissioning of PASIS, and other information related to PASIS. Legal basis for the establishment of PASIS – Republic of Lithuania law on public administration
      “Republic of Lithuania law on public administration 17 June 1999  No VIII-1234, new edition from 1 November 2020 No XIII-2987“, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.83679/asr.
      Article 171 of the Provisions of the Ministry of the Interior of the Republic of Lithuania, approved by Resolution No 291 of the Government of the Republic of Lithuania of 14 March 2001 "On the Approval of the Provisions of the Ministry of the Interior of the Republic of Lithuania". PASIS shall be established and maintained in accordance with the following legal acts:
        • Law on State Information Resources Management of the Republic of Lithuania;
          “Republic of Lithuania law on State Information Resources Management 15 December 2011 No XI-1807“, TAR, accessed August 10, 2023, https://www.e-tar.lt/portal/lt/legalAct/TAR.85C510BA700A/asr.
        • Law on public administration of the Republic of Lithuania;
          “Republic of Lithuania law on public administration 17 June 1999  No VIII-1234, new edition from 1 November 2020 No XIII-2987“, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.83679/asr.
        • Law on Local Self-Government of the Republic of Lithuania;
          “Republic of Lithuania law on the Local Self-Government 7 July 1994 No I-533, new edition from 1 April 2023 No XIV-1268“, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.5884/asr.
        • Law on Legal Protection of Personal Data of the Republic of Lithuania.
        • Description of the Procedure for the Establishment, Creation, Modernisation and Liquidation of State Information Systems, approved by the Resolution of the Government of the Republic of Lithuania No 180 of 27 February 2013 "On the Approval of the Description of the Procedure for the Establishment, Creation, Modernisation and Liquidation of State Information Systems";
        • Technical requirements for electronic information security of state registers (cadastres), departmental registers, state information systems and other information systems, approved by the Order of the Minister of the Interior of the Republic of Lithuania of 4 October 2013 No. 1V-832 "On the Approval of the Technical Requirements for the Electronic Information Security of State Registers (Cadastres), Departmental Registers, State Information Systems and other Information Systems”.
        • the description of the procedure for drawing up descriptions of the provision of public and administrative services approved by the Minister of the Interior of the Republic of Lithuania.
          “Order No IV-644 of the Minister of Internal Affairs of the Republic of Lithuania of 1 December 2009 “On approval of the description of the procedure for the preparation of descriptions of the provision of public and administrative services”, new edition from 13 July 2017 No 1V-497”, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.360388/asr.
        The aim of PASIS is to collect and compile descriptions of public and administrative services provided and/or administered by public administration entities, information on indicators for monitoring the provision of services, and to enable searches of services and descriptions of service provision in the public catalogue by means of information technologies in an efficient and centralised manner. PASIS tasks: to collect and compile Service Profiles in an automated way, PASIS functions: to manage Service Profiles and data on Services and Indicators; to analyse data on Services and Indicators; to produce reports on Services, Service Profiles and Indicators, as well as other reports; to publish and make searchable the data on Services, Service Profiles, Indicators and other data on Service monitoring. The Ministry of the Interior is the controller of PASIS, and therefore the controller of personal data.
        It is important to stress that the right to good administration is not enshrined as a separate subjective right in national administrative law, nor is the principle of good administration. The Republic of Lithuania law on public administration establishes the principles of public administration, the areas of public administration, the system of public administration entities and the basis for the organisation of administrative procedures, and guarantees the right of persons to appeal against actions, omissions or administrative decisions of public administration entities, as well as the right to a lawful and objective examination of requests, complaints and reports from persons. The law establishes the rights and obligations of a person participating in an administrative procedure, which are essentially equivalent in content to the procedural rights that form the content of the standard of good administration enshrined in Article 41 of the Charter.
        Ingrida Danėlienė and Ieva Saudargaitė, „Europos Sąjungos Pagrindinių teisių chartijoje įtvirtinta teisė į gerą administravimą“, Teisė, 99 (2016): 92–109.
        The Charter is a source of law in the Lithuanian legal system. The jurisprudence of the Constitutional Court of Lithuania also refers to the provisions of the Charter.
        Lietuvos Konstitucinio Teismo 2015 m. gegužės 26 d. nutarimas.
        Lithuanian legal scholarship recognises that administrative courts apply the Charter directly in certain cases, rather than simply relying on it as a source of interpretation. The provisions of the Charter, including those enshrining the right to good administration, are recognised as an important source for the interpretation of law. The case-law of the administrative courts confirms that the provisions of the Charter, including Article 41 thereof, undoubtedly constitute a source of interpretation of the law for the protection of the subjective rights of individuals who have been infringed, not only in the case of rights the exercise of which is intrinsically linked in one way or another to the legal rules laid down by European Union legislation, but also in the case of subjective rights which are derived exclusively from provisions of national law.
        Skirgailė Žaltauskaitė-Žalimienė, „Interpretation and Application of the European Union Charter of Fundamental Rights“. From Žmogus, teisinė valstybė ir administracinė justicija: Mokslo studija, skirta Lietuvos vyriausiojo administracinio teismo dešimtmečiui (Vilnius, 2012), 543–573.
        Public administration directly influences the attitudes of citizens and other stakeholders towards the state, determines their trust in it, and shapes an active and aware society. Good administration and the search for an open, coherent, accountable, transparent, efficient, and citizen-oriented European public administration culture are currently receiving a great deal of attention.
        „Lietuvos vyriausiojo administracinio teismo praktika, taikant Lietuvos Respublikos viešojo administravimo įstatymo normas. Pritarta Lietuvos vyriausiojo administracinio teismo teisėjų 2016 m. birželio 1 d. pasitarime“, accessed August 10, 2023, https://www.lvat.lt.
        The European Convention on Human Rights
        “European Convention on Human Rights as amended by Protocols Nos. 11, 14 and 15 supplemented by Protocols Nos. 1, 4, 6, 7, 12, 13 and 16”, accessed August 10, 2023, https://www.echr.coe.int/Pages/home.aspx?p=basictexts&c.
        and the jurisprudence of the European Court of Human Rights play an important role as a source of good administration principles. To ensure the right of individuals to obtain information from state and municipal institutions and bodies, the Law of the Republic of Lithuania on the Right of Access to Information and Re-use of Data was adopted on 11 January 2000.
        “Republic of Lithuania law on the right to receive information and data reuse 11 January 2000 No VIII-1524, new edition from 17 July 2021 No XIV-491“, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.94745/asr.
        At the constitutional level, the human right to receive information is established by Article 25 of the Constitution of the Republic of Lithuania. According to this Article, a person shall not be prevented from seeking, receiving and disseminating information (para. 2); the freedom to receive and disseminate information shall not be restricted except by law, if necessary to protect a person's health, honour and dignity, private life, morals or to defend the constitutional order (para. 3); a citizen shall have the right to receive, in accordance with the procedure laid down by law, the information about him or her that is in the possession of the State bodies (para. 5). These provisions are inseparable from the general principle enshrined in the Constitution that public authorities serve the people (Article 5(3) of the Constitution). The Constitutional Court of the Republic of Lithuania, interpreting the above-mentioned constitutional provisions, has consistently stated that the constitutional freedom to seek, receive and disseminate information unhindered is one of the foundations of an open, just, harmonious civil society and a democratic state, and that the Constitution guarantees and protects the public's interest to be informed (see the Constitutional Court's Opinion of 23 October 2002 on the Constitution, No, The Constitutional Court's decision of 23 October 2002, the Constitutional Court's decision of 4 March 2003, the Constitutional Court's decision of 26 January 2004, the Constitutional Court's decision of 8 July 2005, the Constitutional Court's decision of 19 September 2005, the Constitutional Court's decision of 29 September 2005, the Constitutional Court's decision of 21 December 2006, and the Constitutional Court's decision of 17 November 2011) The constitutional right to access information is an important prerequisite for the exercise of various personal rights and freedoms enshrined in the Constitution (Resolution of the Constitutional Court of 21 December 2006). The Constitutional Court has noted that the exercise of human rights and freedoms and the safeguarding of other constitutional values depend to a large extent on the access to and use of information from various sources (Resolution of 29 September 2005). The Constitutional Court has repeatedly stated in its acts that the freedom of information is not absolute, and that the Constitution does not allow for the establishment of a legal regulation which, by establishing guarantees for the implementation of the freedom of information by law, would create preconditions for the violation of other constitutional values and their balance (e.g., Resolution of the Constitutional Court dated 15 May 2007). The Constitution provides for the possibility to restrict the freedom of information if it is necessary to protect human health, honour and dignity, private life, morality or to defend the constitutional order, i.e. if the restrictions on the freedom of information are aimed at protecting, defending the values referred to in Article 25(3) of the Constitution, the list of which (contained in the Article 25(3) of the Constitution) as in its 2005 The list of constitutional values listed in Article 25(3) of the Constitution, as stated by the Constitutional Court in its rulings of 19 September 2005 and 29 September 2005, cannot be regarded as exhaustive, and therefore does not allow for the restriction of the freedom to receive and disseminate information where it is necessary to protect other constitutional values not expressly mentioned in Article 25(3) of the Constitution. The Law of the Republic of Lithuania on the Right to Obtain Information from State and Municipal Institutions and Bodies regulates in detail the legal relations concerning the right of a person to obtain information from state and municipal institutions and bodies. Article 1(1) of this Law stipulates that this Law guarantees the right of persons to obtain information from state and municipal institutions and bodies, establishes the procedure for the exercise of this right, and regulates the actions of state and municipal institutions and bodies in the provision of information to persons. The Law on the Right to Information implements both the right to obtain information on a person held by public bodies in relation to the performance of public administration functions, as laid down in Article 25(5) of the Constitution, and aims to create favourable conditions for persons to obtain information held by state and municipal institutions and bodies and to use it for commercial or non-commercial purposes. Article 3(1) of the Law on Access to Information stipulates that institutions are obliged to provide information to applicants. Refusal to provide information may be made in accordance with the procedure laid down in this Law. In addition, this Law implements Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information.
        "Lietuvos vyriausiojo administracinio teismo praktikos, taikant teisės gauti informaciją iš valstybės ir savivaldybių institucijų ir įstaigų įstatymo normas, apibendrinimas“, accessed August 10, 2023, https://www.lvat.lt/veikla/teismu-praktika/teismu-praktikos-apibendrinimai/206.
        The Preamble to the Constitution of the Republic of Lithuania proclaims the aspiration for an open, just, and harmonious civil society and the rule of law (inter alia, the Constitutional Court of the Republic of Lithuania, 9 December 1998, 18 October 2000). The Constitutional Court has repeatedly stated that the constitutional principle of the rule of law is a universal principle which underpins the entire Lithuanian legal system and the Constitution itself. The constitutional principle of the rule of law implies, among other things, that human rights and freedoms must be guaranteed, that all State authorities and other State institutions exercising State power must act in accordance with the law and in obedience to the law, that the Constitution has the supreme legal force, and that laws, government resolutions and other legal acts must comply with the Constitution (inter alia, the Constitutional Court's Resolution of 23 February 2000). Inherent in the constitutional principle of the rule of law are also the imperatives, enshrined in Article 5 of the Constitution, that the powers of the authorities are limited by the Constitution and that the authorities are at the service of the people, as well as the constitutional principle of responsible government, which implies that state institutions and officials must exercise their functions in accordance with the Constitution and the law, in the interests of the Nation and the State of Lithuania, and in the proper exercise of the powers granted to them by the Constitution and the law (inter alia, the finding of the Constitutional Court on 26 October 2012). These fundamental constitutional imperatives and the various requirements they imply for legislative acts are also applicable to public administrations when they carry out administrative regulation. When adopting normative administrative acts, public administrative authorities must act within the limits of the competence defined in the legal acts governing their activities, respect the hierarchy of legal acts, the procedures for adopting and promulgating a legal act, and ensure that normative administrative acts comply with the Constitution and the principles and other requirements laid down in the Constitution and in the laws (inter alia, the Law on Public Administration). The legality of legal acts is one of the conditions for a person's confidence in the State and the law. Laws may not contradict the Constitution, and by-laws may not contradict the Constitution and laws. The principle of the legality of regulatory administrative acts is implemented through the institution of administrative justice. The Law on Administrative Proceedings of the Republic of Lithuania establishes the competence of administrative courts to hear normative administrative cases, i.e. to investigate the conformity of a specific normative administrative act (or part of a normative administrative act) with a higher-ranking legal act (or part of a legal act). After the legality review, the administrative court may declare that the examined normative administrative act (or a part thereof) is lawful or declare that it is contrary to the law or a normative legal act of the Government of the Republic of Lithuania (Article 117(1) of the Law on Administrative Proceedings). An important consequence of the declaration of unlawfulness of a normative administrative act is that the normative administrative act (or part thereof) may not, generally, be applied as from the date on which the final decision of the administrative court declaring the normative administrative act (or part thereof) to be unlawful has been published officially (Article 118(1) of the Law on Administrative Proceedings).
        "Lietuvos vyriausiojo administracinio teismo praktikos, aiškinant ir taikant norminių administracinių aktų teisėtumo tyrimą reglamentuojančias teisenos taisykles, apibendrinimas. Pritarta Lietuvos vyriausiojo administracinio teismo teisėjų 2019 m. birželio 12 d. pasitarime“, accessed August 10, 2023, https://www.lvat.lt/veikla/teismu-praktika/teismu-praktikos-apibendrinimai/206.

        4. The current Lithuanian administrative law system in terms of the content of the values of democracy and the rule of law, trust in public administration and respect for citizens' rights

        Across Europe, the demand for justice is growing, increasing the workload of the judiciary and necessitating a constant re-engineering of working methods in an often-difficult budgetary environment. The development of e-Justice is one of the most important aspects of the modernisation of judicial systems. The introduction of information and communication technologies in the administration of the judiciary provides an opportunity to find ways to improve the functioning of the justice system, rationalise legal procedures and reduce costs. The development of information dissemination processes using modern electronic means is undoubtedly important for law enforcement and the judicial system. The European e-Justice Strategy is designed to create a European judicial area using information and communication technologies. The main objective of e-Justice is to make justice across Europe more efficient and more useful for citizens. From a technical point of view, e-Justice is aligned with the broader e-Government system.
        “Draft Council conclusions on the vision for European Forensic Science 2020 including the creation of a European Forensic Science Area and the development of forensic science infrastructure in Europe. Council document 17537/11 of 2011-12-01”, accessed August 10, 2023, http://db.eurocrim.org/db/en/vorgang/286/.
        The European e-Justice system is implemented in the European e-Justice portal (https://e-justice.europa.eu/).
        The fair and efficient resolution of disputes arising in the field of public administration is usually ensured by specialised courts, namely administrative district courts and the Supreme Administrative Court of Lithuania. The procedure for handling disputes before these courts is regulated by the Law on Administrative Proceedings of the Republic of Lithuania (the APL). It should be noted that the Administrative Court decides on disputes concerning law in the field of public administration. The court does not assess the contested administrative act and action (or inaction) from the point of view of political or economic expediency, but only determines whether in a particular case a law or other legal act has been violated, whether the administrative entity has not exceeded its competence, and whether the act (action) is in accordance with the objectives and tasks for which the institution was established and for which it was given the relevant powers (Art. 3 of the APL).
        "Lietuvos vyriausiojo administracinio teismo praktika, taikant Lietuvos Respublikos viešojo administravimo įstatymo normas. Pritarta Lietuvos vyriausiojo administracinio teismo teisėjų 2016 m. birželio 1 d. pasitarime“, accessed August 10, 2023, https://www.lvat.lt.
        Each entity of the public administration system, in carrying out the functions assigned to it, is guided not only by the general Law on Public Administration but also by the special laws regulating the sphere of public administration in which it has been given the competence to carry out public administration, as well as by the sub-statutory acts related to the implementation of these laws (such as, for example, the Law of the Republic of Lithuania on Local Self-government, the Law on the State Civil Service;
        “Republic of Lithuania law on Civil Service 8 July 1999 No VIII-1316, new edition from 1 January 2019 No XIII-1370”, TAR, , https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.84605/asr?positionInSearchResults=0&searchModelUUID=6de0ecaa-c8ab-4af5-b5af-9cfb5ac40980; Law amending the Law on Civil Service of the Republic of Lithuania No VIII-1316. Project No XIVP-2066(3) 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAP/45f12782ed6711edb649a2a873fdbdfd.
        Law on tax administration of the Republic of Lithuania;
        “Republic of Lithuania law on Tax Administration 13 April 2004 No IX-2112“, TAR, accessed August 10, 2023, https://www.e-tar.lt/portal/lt/legalAct/TAR.3EB34933E485/asr.
        the Law on State Environmental Control of the Republic of Lithuania;
        “Republic of Lithuania law on State Control of Environmental Protection 1 July 2002 No IX-1005“, TAR, accessed August 10, 2023, https://www.e-tar.lt/portal/lt/legalAct/TAR.CB941ADCC055/asr.
        the Competition Law of the Republic of Lithuania etc.).
        The case law of the Supreme Administrative Court of Lithuania shows that the Charter of Fundamental Rights of the European Union is of particular relevance when dealing with issues relating to European Union law in the field of public administration,
        “Charter of Fundamental Rights of the European Union, (2012/C 326/02), 26.10.2012 accessed August 10, 2023, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012P/TXT.
        freedoms and principles, inter alia, the right to good administration enshrined in Article 41 of the Charter (see, e.g. Judgment of 29 March 2012 in Administrative Case No A822-2220/2012; Judgment of 7 July 2015 in Administrative Case No eA-2266-858/2015; Judgment of 8 December 2010 of the Extended Chamber of Judges in Administrative Case No A756-686/2010, Bulletin of the Supreme Administrative Court of Lithuania, Bulletin of the Supreme Administrative Court of Lithuania No 20, 2010
        "Lietuvos vyriausiojo administracinio teismo biuletenis Nr. 20, 2010“, 2012 accessed August 10, 2023, https://www.lvat.lt/veikla/teismu-praktika/teismo-biuleteniai/207.
        ). The Court of Justice of the European Union has recognised the right to good administration as a general principle of law in its case law.
        "Lietuvos vyriausiojo administracinio teismo praktika, taikant Lietuvos Respublikos viešojo administravimo įstatymo normas. Pritarta Lietuvos vyriausiojo administracinio teismo teisėjų 2016 m. birželio 1 d. pasitarime“, accessed August 10, 2023, https://www.lvat.lt.
        According to the definition set out in the LPA, public administration is the activities of public administration entities regulated by law and intended to implement legislation: administrative regulation, adoption of administrative decisions, supervision of the implementation of legislation and administrative decisions, provision of administrative services, and administration of public service provision. Public administration comprises five main areas in which public administration entity’s function, namely:
        1. administrative decision-making.
        2. monitoring the implementation of laws and administrative decisions.
        3. the provision of administrative services.
        4. the administration of the provision of public services.
        5. internal administration of the public administration entity.
          "Lietuvos vyriausiojo administracinio teismo praktika, taikant Lietuvos Respublikos viešojo administravimo įstatymo normas. Pritarta Lietuvos vyriausiojo administracinio teismo teisėjų 2016 m. birželio 1 d. pasitarime“, accessed August 10, 2023, https://www.lvat.lt.
        The jurisprudence of the Supreme Administrative Court of Lithuania emphasises the obligation of public administration entities to comply with the principles of law (see, e.g., the ruling of 1 March 2012 in administrative case No A502-1605/2012, the decision of 28 June 2012 in administrative case No A492-2045/2012, and the decision of 3 April 2014 in administrative case No A492-801/2014).
        Good public administration is based on the principles laid down in Article 3 of the Law on Public Administration (see in this respect the judgment of 30 April 2012 in administrative case No A492-1978/2012). Proper, responsible management, as repeatedly emphasised in the practice of the Supreme Administrative Court of Lithuania, is inseparable from the requirements of good administration (see the decision of the Extended Chamber of Judges of the Supreme Administrative Court of Lithuania of 21 December 2015 in administrative case No I-7-552/2015).
        In the case law of the European Union, the principle of good administration is treated as part of the general principles of law (in this respect, see the judgment of 23 September 2014 in administrative case No A858-47/2014 and the case-law of the CJEU cited therein).
        "Regionų apygardos administracinio teismo Kauno rūmų Byla eI3-16-402/2020, 2020-07-01“, accessed August 10, 2023.
        The origins and scope of National Human Rights Institutions (NHRIs) are closely linked to the international human rights protection mechanism. The concept of NHRIs is formulated in UN General Assembly Resolution 48/134 of 1993, which encourages Member States to establish NHRIs and emphasises the need for such institutions to adhere to the principles defining their status, guidelines for their operation, and basic requirements, known as the Paris Principles. UN Coordinating Committee of National Human Rights Institutions, 23 March 2017. The Parliamentary Ombudsman's Office was accredited as an NHRI (level A) in line with the Paris Principles. In 2017, the Seimas of the Republic of Lithuania adopted the Law on Amendments and Supplements to the Law on the Seimas Ombudsmen of the Republic of Lithuania,
        “Republic of Lithuania law on Controllers of the Seimas 3 December 1998 No Nr. VIII-950, new edition from 25 November 2004 No IX-2544“, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.69069/asr.
        which defined new areas of competence of the Seimas Ombudsmen in the performance of the functions of a national human rights institution.
        The mission of the Seimas Ombudsmen is to pay attention to and assist each individual by protecting and respecting human rights and freedoms, promoting dialogue between individuals and the government, and ensuring that government institutions serve the people well. The implementation of social and economic rights remains a very topical issue: the Constitution of Lithuania enshrines the State's obligation to ensure the protection and defence of human dignity. This means that state institutions and officials must respect human dignity as a special value.
        Lietuvos Respublikos Konstitucinio Teismo 1998 m. gruodžio 9 d. nutarimas, 2004 m. gruodžio 9 d. nutarimas, 2009 m. rugsėjo 2 d. nutarimas.
        The crucial role of the NHRI in systematically analysing and synthesising information for reports, conducting investigations on substantive human rights issues, conducting assessments of national legislation in terms of its compliance with universally accepted human rights principles and standards, suggesting conditions for redressing possible human rights violations etc.
        In terms of issues, 31% of all complaints received by the Seimas Ombudsmen in 2022 were related to the handling of complaints by individuals in state and municipal institutions, 30% were related to the restriction of liberty, 8% were related to the environment, and 6% were related to property issues. In 2022, the group of complaints concerning the rights of foreigners stood out compared to the previous year (3% of all complaints examined). This relates to ensuring the rights of war refugees from Ukraine and persons who have crossed the Lithuanian-Belarusian border into the Republic of Lithuania. The percentage of complaints on other issues remained similar. The provisions of the Law on the Seimas Ombudsmen give the Seimas Ombudsmen the right to make suggestions (recommendations) which must be examined by an institution and body or official and to inform the Seimas Ombudsmen of the results of the examination. In 2022, the Seimas Ombudsmen made a total of 1741 recommendations. The largest number of recommendations made by the Seimas Ombudsmen is in relation to the Ministries of Justice (501), Interior (206), Environment (156), Agriculture (140) and Social Security and Labour (66) and the bodies under their management.
        The State Audit Office
        “National Audit Office of Lithuania”, accessed August 10, 2023, https://www.valstybeskontrole.lt/EN.
        is the supreme audit institution, which monitors the legal management and use of state funds and assets and the implementation of the state budget. It is the only institution in the European Union that simultaneously performs the functions of three bodies: the Supreme Audit Institution (SAI), the European Union Investment Audit Institution (EUIAI), and the Budget Monitoring Authority (BMA). The State Audit Office carries out public audits as part of its tasks. A state audit is an independent and objective assessment carried out by the Supreme Audit Institution on audited entities.

        4.1 National audit reports

        4.1.1 Information Resource Management in the Ministry of the Interior, 13 October 2016
        “National audit office of Lithuania. Valstybės kontrolė“, Vidaus reikalų ministerijos informacinių išteklių valdymas, 2016 m. spalio 13 d. Nr. VA-P-90-2-19, accessed August 10, 2023, https://www.valstybeskontrole.lt/LT/Product/All/1?m=2023;2022;2021;2020;2019;2018;2017;2016.
        The report states that the objectives of the Ministry of the Interior are to formulate state policy, organise, coordinate, and control its implementation in the fields of public security, public administration, and the application of information technologies in the field of public administration, security of state information resources, migration, and physical education and sports. The Ministry manages 16 information resources, which ensure the availability of data to the population, the operational activity of services and the functioning of the Schengen cooperation tools. The Ministry of the Interior's IT strategic planning was found to be deficient, which increases the risk that financial, technological, and human resources will not be adequately deployed. It was found that the Ministry manages eight critical state information resources but does not comply with the Law on State Information Resources Management. The existing documentation of the information resources managed by the Ministry does not reflect the actual volume of computerised functions and information processed; failure to determine the importance and sensitivity of the information managed by the Ministry and its subordinate bodies may not ensure information security requirements for the publication, transmission and disclosure of such information. The organisational structure of the Ministry's IT governance needs to be improved.  IT change management procedures are not in place for all information resources managed by the Ministry. The Ministry's controls to ensure the confidentiality, integrity and availability of e-information/data are insufficient. Recommendations were made, including the following: to improve IS and registers in a coherent and targeted manner, to develop and adopt a strategic IT plan for the management area of the Ministry of the Interior; to draw up and keep up-to-date an inventory of all the IS, registers and other software used in the Ministry; to draw up and approve a directory of the IT services provided by the Department of Informatics and Communications and to determine the level of provision of these services.
        4.1.2 Building an e-Health system, 26 April 2017
        “National audit office of Lithuania. Valstybės kontrolė“, Elektroninės sveikatos sistemos kūrimas, 2017 m. balandžio 26 d. Nr. VA-2017-P-900-3-12, accessed August 10, 2023, https://www.valstybeskontrole.lt/LT/Product/All/1?m=2023;2022;2021;2020;2019;2018;2017;2016.
        The health sector is increasingly dependent on information and communication technologies. eHealth became passive after the completion of the development work at the end of 2015, and conflicting views between users and developers on the achievement of the development objectives, quality and security of the system have emerged in the public domain. It has been found that the development projects planned for the development of the eHealth system have been implemented, but not all results are achieved, measurable and in line with users' expectations. It is recommended that the Ministry of Health of the Republic of Lithuania, in or developed, sustainable development of the eHealth system and sound financial management principles, should take measures to ensure that the new phase of the eHealth system development does not repeat the mistakes made in the previous phases of the development: the following: provisions related to the eHealth system in the strategic planning documents have not been aligned; the development of measurable qualitative and quantitative eHealth system programme indicators and their measuring methodology has not been developed; the development of a sustainable governance model for eHealth system.
        4.1.3 Developing the state's electronic communications infrastructure, 14 July 2017
        “National audit office of Lithuania. Valstybės kontrolė“, Valstybės elektroninių ryšių infrastruktūros plėtra. 2017 m. liepos 14 d. Nr. VA-2017-P-900-1-15, accessed August 10, 2023, https://www.valstybeskontrole.lt/LT/Product/All/1?m=2023;2022;2021;2020;2019;2018;2017;2016.
        'Electronic communications infrastructure' means the totality of apparatus, equipment, lines, pipelines, cables, ducts, conduits, manifolds, towers, masts, and other means for the conduct of electronic communications activities.
        “Electronic Communications Law of the Republic of Lithuania 15 April 2004 No IX-2135, new edition from 1 December 2021 No XIV-635“, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.232036/asr.
        The audit found that the existing infrastructure of the State's electronic communications networks is inefficiently managed, with duplication of infrastructure development decisions and the provision of electronic communications services. There is no centralised coordination mechanism for infrastructure development in the country. It is recommended that the Ministry of Transport and Communications of the Republic of Lithuania, to ensure the efficient use of the infrastructure of the State's electronic communications networks, should eliminate the duplication of physical infrastructure and services; and should envisage measures to promote the highest possible data transmission services in all areas where broadband connectivity is available. It is recommended that the Ministry of National Defence of the Republic of Lithuania, in order to ensure a high level of security of state-owned electronic communications networks, taking into account the current cyber threats, the prospects for network integration and the ongoing changes in the division of responsibilities and competences, should establish unified security requirements for state-owned electronic communications networks.
        4.1.4 Readiness to make decisions on the transformation of administrative and public service delivery, 29 September 2017
        “National audit office of Lithuania. Valstybės kontrolė“, Ar pasirengta priimti sprendimus dėl administracinių ir viešųjų paslaugų teikimo pertvarkos. 2017 m. rugsėjo 29 d. Nr. VA-2017-P-40-2-17, accessed August 10, 2023, https://www.valstybeskontrole.lt/LT/Product/All/1?m=2023;2022;2021;2020;2019;2018;2017;2016.
        The Ministry of the Interior's actions to ensure the provision of administrative and public services that meet the needs of the public and the rational use of public resources for this purpose were found to be insufficiently coherent and effective. Centrally managed information on the provision of administrative and public services is not complete and reliable. The administrative and public services that should be provided by the State are not identified and no system is in place to select the most appropriate public service provider. The control mechanism set up by the Ministry of the Interior does not ensure that complete and reliable data are provided to the Information System for Monitoring and Analysis of Public and Administrative Services. The information system is not easy to use. The online portal of the Information System for Monitoring and Analysis of Public and Administrative Services, the 'Catalogue of Lithuanian Services', is not functioning properly and not at full capacity. It is recommended that the Ministry of the Interior, when formulating the state policy in the field of administrative service provision and administration of public service provision, should identify the administrative and public services that should be provided by the state; and establish a mechanism for the administration of public service provision.
        4.1.5 Legislative process, 16 March 2018
        “National audit office of Lithuania. Valstybės kontrolė“, Teisėkūros procesas, 2018 m. kovo 16 d. Nr. VA-2018-P-40-6-2, accessed August 10, 2023, https://www.valstybeskontrole.lt/LT/Product/All/1?m=2023;2022;2021;2020;2019;2018;2017;2016.
        The implementation of the Legislative Process has been found not to provide the right conditions for the development of a coherent, consistent, cohesive, and effective legal system, as the adequacy of the existing legal framework is not ascertained, and responsible lawmaking is not always ensured in the drafting and adoption of legislation. Fragmented and low-quality regulatory monitoring does not provide information on the necessity, appropriateness, adequacy, sufficiency, and effectiveness of the existing legal framework, and therefore does not allow for a targeted and consistent improvement of the existing legal framework and an adequate response to the changes taking place in different areas of society. There is no effective system for assessing the impact of the envisaged legal regulation. The large number of bills submitted to the Parliament and the very frequent use of urgent or special urgency procedures for the consideration of bills shorten the time available for the consideration of bills, which does not allow for the establishment of an appropriate legal framework and the transparency and openness of the law-making process. Delays in the drafting of legislation transposing EU Directives into national law, resulting in inadequate implementation of Lithuania's EU obligations. When drafting such legislation, the options for the most appropriate solution in Lithuania's interests are not always considered. It is recommended that the Board of the Seimas of the Republic of Lithuania should ensure that sufficient time is allocated for the drafting and adoption of laws and that the urgency and special urgency procedures should be applied only in exceptional cases when unforeseen extraordinary social, economic or political circumstances in the life of the country require it. It is recommended that the Government of the Republic of Lithuania restructure the system of monitoring legal regulation in such a way that the competencies of the different institutions for the assessment of legal regulation are concentrated and that there is a shift from piecemeal assessments of legal regulation to systematic assessments of relevant and problematic areas of regulation. Establish measures to ensure the timely preparation of legislation aligning the national legal framework with EU law, considering all transposition alternatives.
        4.1.6 Management of Critical State Information Resources, 28 June 2018
        “National audit office of Lithuania. Valstybės kontrolė“, Ypatingos svarbos valstybės informacinių išteklių valdymas, 2018 m. birželio 28 d. Nr. VA-2018-P-900-3-6, accessed August 10, 2023, https://www.valstybeskontrole.lt/LT/Product/All/1?m=2023;2022;2021;2020;2019;2018;2017;2016.
        State information resources are the totality of the information managed by the institutions in the performance of their statutory functions, processed by means of information technology, and the information technology tools that process it. State information resources of special interest - electronic information of special interest - are managed in the first category State information systems, registers and cadastres (IS). Well-designed and efficiently implemented information technology processes enable effective protection of information resources against emerging cyber threats. The trends in the maturity of the management of critical State information resources have been identified as positive, but the progress observed is too slow in the light of the increasing level of cyber threats and the security of these resources needs to be better ensured. The system for identifying critical national information resources is not effective enough to implement security solutions that meet real needs. It is recommended that the Government of the Republic of Lithuania develops a national information architecture and its governance mechanism to objectively determine the importance of the State information resources and to adequately control the process, and to harmonise the mechanisms for determining the critical State information resources and the Critical Information Infrastructure. It is recommended that the Ministry of Defence improves the management of cyber security risks by updating requirements, and methodologies, and implementing a national IT risk management system to effectively manage nationally relevant risks.
        4.1.7 Smart tax administration system, 17 September 2019
        “National audit office of Lithuania. Valstybės kontrolė“, Išmanioji mokesčių administravimo sistema. 2019 m. rugsėjo 17 d. Nr. VA-6, accessed August 10, 2023, https://www.valstybeskontrole.lt/LT/Product/All/1?m=2023;2022;2021;2020;2019;2018;2017;2016.
        It has been found that the Smart Tax Administration System solutions have been developed as a prerequisite for reducing the administrative burden on business, but that this effect has not yet been achieved and that the potential of data analytics is not yet sufficiently exploited to reduce the shadow economy at the national level. It is recommended that the Ministry of Finance, the Chancellery of the Government of the Republic of Lithuania should have the greatest possible impact on all its manifestations, including by improving the tax administration process and reducing the administrative burden of taxes, by making use of the available institutional and inter-institutional capacities for data analysis. It is recommended that the State Tax Inspectorate carry out a more detailed analysis of the needs and expectations of taxpayers, assessing the problems encountered in tax administration, and, based on the results, plan measures to raise the level of e-services progress and reduce the administrative burden.
        4.1.8 Judiciary, 22 June 2020
        “National audit office of Lithuania. Valstybės kontrolė“, Teismų sistema, 2020 m. birželio 22 d. Nr. VAE-5, accessed August 10, 2023, https://www.valstybeskontrole.lt/LT/Product/All/1?m=2023;2022;2021;2020;2019;2018;2017;2016.
        Under the Constitution of the Republic of Lithuania, the Lithuanian courts are the only institution that administers justice in the country. The right to justice is one of the most fundamental human rights and one of the indispensable pillars of civil society. The main task of the courts is to resolve legal disputes and to ensure that the perpetrator of a criminal offence is justly punished and that no innocent person is convicted. There are 22 courts of general competence and specialised courts. Each year, the courts of first instance receive more than 200,000 new cases. Around 75% of the cases we receive are civil cases, which is why we have paid more attention to the process of handling this category of cases. We found that the judiciary does not provide all the necessary conditions to ensure that cases are dealt with efficiently, i.e., in the shortest possible time, without compromising the quality of the decisions taken. Decisions are needed to improve the efficiency of the judicial system. The stability of the judicial system is important and relevant for society, as instability and uncertainty in this system can have negative consequences for the quality of justice. Reforms to improve the efficiency of the judiciary should only be undertaken if they are unavoidable, well thought out and based on economic and qualitative criteria. The Seimas of the Republic of Lithuania, the Government of the Republic of Lithuania and the Council of Judges are involved in the decision-making process on changes in the judicial system and express their will. Having a common vision would facilitate planning and informed decision-making for the improvement of the judicial system. In Lithuania, there is no vision for the improvement of the judiciary, no priority directions, goals, objectives and expected results for improving efficiency. It is recommended that the Judicial Council and the Ministry of Justice, by removing functions that are not inherent to the courts and allowing for the specialisation of judges, should set out long-term priorities, goals, objectives and expected outcomes for the improvement of the judicial system. It is recommended that the Judicial Council should develop adequate human resources to enable the effective handling of cases and to create the necessary conditions for ensuring the safety of the most vulnerable participants in the proceedings and the organisation of hearings. It is recommended that the National Judicial Administration provide all courts with the necessary facilities to organise hearings remotely.
        4.1.9 How effective is the fight against cybercrime? 16 July 2020
        “National audit office of Lithuania. Valstybės kontrolė“, Ar veiksmingai kovojama su elektroniniais nusikaltimais. 2020 m. liepos 16 d. Nr. VAE-7, accessed August 10, 2023, https://www.valstybeskontrole.lt/LT/Product/All/1?m=2023;2022;2021;2020;2019;2018;2017;2016.
        Although the development of information technology has brought about many positive changes, it has also influenced the emergence of cybercrime. According to the Convention on Cybercrime,
        “Council of Europe. Convention on cybercrime. Budapest, 23.XI.2001, ETS 185”, accessed August 10, 2023, https://www.europarl.europa.eu. Konvencija dėl elektroninių nusikaltimų, priimta Budapešte 2001-11-23, ratifikuota Lietuvos Respublikos 2004-01-22 įstatymu Nr. IX-1974, o 2006-06-08 įstatymu Nr. X-674 – Konvencijos dėl elektroninių nusikaltimų Papildomas protokolas dėl rasistinio ir ksenofobinio pobūdžio veikų, padarytų naudojantis kompiuterinėmis sistemomis, kriminalizavimo.
        these crimes include crimes against the confidentiality, integrity and availability of computer data and systems, and other cybercrimes such as cyber fraud, crimes related to the sexual exploitation of children, infringements of copyright and related rights, and crimes of a racist and xenophobic nature. The 2015 EU Council Conclusions on the renewed EU Internal Security Strategy 2015–2020
        “Internal Security Strategy (ISS)”, accessed August 10, 2023, https://eur-lex.europa.eu/EN/legal-content/glossary/internal-security-strategy-iss.html.
        announced that the fight against cybercrime is one of the three main security priorities.
        According to the European Cyber Security Strategy,
        “The EU Cybersecurity Strategy”, accessed August 10, 2023, https://digital-strategy.ec.europa.eu/en/policies/cybersecurity-strategy.
        Criminal activities in this space are seen as a growing and serious threat to public security. As cybercrime grows, society needs to be prepared to recognise the threats of cybercrime and to be able to protect itself against them. It has been found that preventive activities do not create the conditions for the public to feel safe in cyberspace. Preventive activities against cybercrime are carried out by the police and other institutions: the National Cyber Security Centre under the Ministry of National Defence, the Communications Regulatory Authority, the State Inspectorate for Data Protection, the State Consumer Rights Protection Authority, the Office of the Inspector of Journalists' Ethics, the Ministry of Culture, the Committee for Development of the Information Society, the Government Chancellery. However, the participating institutions act within their area of competence and in accordance with the priorities set by them, do not coordinate their preventive measures, do not carry out impact assessments of cybercrime prevention activities, and there is no inter-institutional system for planning, coordinating, and measuring the impact of preventive activities at the national level. Blocking rights, which should restrict access to unwanted and harmful content on the internet, have been granted to 7 authorities. However, those who distribute unwanted and harmful content on the internet can circumvent the blocking mechanism, so these measures are temporary and the illegal and harmful content remains unremoved. Weaknesses in cyber incident management do not allow for the identification of all incidents that are potentially criminal acts. The police and the National Cyber Security Centre do not share data on cyber incidents and events. Specialised units for cybercrime in the Criminal Police were launched in 2015 in the District Chief Police Offices. The performance of these units is not satisfactory. The model for the management of the specialised units for cybercrime is not sufficiently effective. Insufficient identification of systemic cybercrime at the national level. The General Prosecutor's Office identifies pre-trial investigations carried out in different commissariats which are not identified as part of a systemic crime and are not merged. The Lithuanian Criminal Police Bureau does not have all the information on identified systemic crimes. There is a lack of specialised capacity to investigate cybercrime. The specialisation of police units and prosecutors in cybercrime is not sufficiently clear. Long queues for investigations of information technology objects, e.g. at the Forensic Investigations Unit of the Vilnius County Chief Police Commissariat, the waiting time for investigating objects is about 19 months, at the Forensic Investigations Centre it is about 10 months. The network of specialised prosecutors in cybercrime is not yet fully operational, nor has the network of officers been created to exchange good practice and experience between the participants in the system. The Public Security Development Programme 2015–2025
        “Resolution No XII-1682 of the Seimas of the Republic of Lithuania of 7 May 2015 “On approval of the 2015–2025 public security development program, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.425517.
        and the National Cyber Security Strategy
        “Resolution No XII-1682 of the Seimas of the Republic of Lithuania of 7 May 2015 “On approval of the 2015–2025 public security development program, TAR, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.425517.
        The measures envisaged to combat cybercrime are insufficient as they do not address the problems of prevention; removal of illegal and harmful content on the internet; management of cyber incidents that may constitute cybercrime; identification of systemic cybercrime; development of specialised competences; long queues of investigations of information technology objects; and insufficient profiling of cybercrime. Inadequate attention to preventing and improving the investigation of cybercrime could further reduce investigative performance and public safety in the future around cybercrime. It is recommended that the Ministry of the Interior should have a greater impact on the ability of the country's population to identify these threats and ensure inter-institutional planning, coordination, and measurement of the impact of preventive activities in the field of cybercrime. It is recommended that the Ministry of Defence, the General Prosecutor's Office and the Police Department improve the identification of cyber incidents by cybersecurity actors that may constitute cybercrime and strengthen cooperation between the police and the National Cyber Security Centre in this area. It is recommended that the Police Department review and improve the operational model of the Cybercrime Specialised Units to identify all systemic cybercrimes at the national level, to mobilise sufficient specialised investigative and expert capacity and to increase the scope of criminal intelligence activities. It is recommended that the General Prosecutor's Office improve the specialisation of prosecutors so that all pre-trial investigations of cybercrime by specialised officers are led by specialised prosecutors in this field. It is recommended that the Department of Prisons design and implement measures to prevent cybercrime from places of deprivation of liberty. It is recommended that the Ministries of the Interior and National Defence include in their national strategic planning documents measures to address the current problems in cybercrime.
        4.1.10 State information resources managed by the Centre of Registers, 6 December 2021
        “National audit office of Lithuania. Valstybės kontrolė“, Registrų centro tvarkomi valstybės informaciniai ištekliai, 2021 m. gruodžio 6 d. Nr. VAE-7, accessed August 10, 2023, https://www.valstybeskontrole.lt/LT/Product/All/1?m=2023;2022;2021;2020;2019;2018;2017;2016.
        Public information resources are the totality of the information managed by the institutions in the exercise of their statutory functions, processed by means of information technology, and the information technology tools that process it. The Centre of Registers shall ensure that the information resources of the State are managed in such a way that the data contained therein are reliable, secure, quickly and conveniently accessible to State and municipal institutions and bodies, to businesses and to the public. The audit found that the conditions for the development of the State's information resources are not appropriate, no common information technology architecture has been developed and no common information technology architecture document exists. The conditions for proper management of the maintenance, servicing and support processes of the State information resources managed by the Centre of Registers are not in place. It is recommended that the Ministry of Economy and Innovation, as the institution exercising the rights and duties of the owner of the State Enterprise Centre of Registers, should provide measures to ensure that state and municipal institutions and bodies use the most cost-effective way of obtaining data possible. It is recommended that the State Enterprise Centre of Registers should improve the conditions for the development of state information resources managed by the Centre of Registers and ensure the continuity of good practice in information technology management.
        4.1.11 Cybersecurity. 27 October 2022
        “National audit office of Lithuania. Valstybės kontrolė“, Kibernetinio saugumo užtikrinimas. 2022 m. spalio 27 d., Nr. VAE-10, accessed August 10, 2023, https://www.valstybeskontrole.lt/LT/Product/All/1?m=2023;2022;2021;2020;2019;2018;2017;2016.
        The cybersecurity framework needs to be improved, as the national level does not ensure adequate management of cybersecurity risks and incidents, does not provide adequate conditions for monitoring compliance with security requirements, does not yet consolidate the legal framework for cybersecurity and electronic information security, and does not ensure consistent implementation of cybersecurity planning. The security management system is not sufficiently effective. The absence of identified national cybersecurity risks, the lack of a national cybersecurity risk management plan, the absence of a national cybersecurity risk management plan, the absence of an acceptable national cybersecurity risk and tolerance thresholds, and the lack of coordination of the risk management process at the national level. Between 2019 and 2021, almost half (45%) of the managers/maintainers of state information resources have not carried out an IT security compliance assessment. The Ministry of Defence's takeover of cyber security in 2015 and the development of the State Information Resources (electronic information security) policy in 2018 have not resulted in a consolidated legal framework in these areas. Some of the requirements for cybersecurity and electronic information security are identical in different legislation, which makes it difficult for cybersecurity entities that manage and/or maintain state information resources to implement security requirements. Improvements are needed in the management of cyber incidents. Consistent implementation of cybersecurity planning is not ensured. It is recommended that the Ministry of National Defence should ensure the use of cyber protection, prevention and response measures and that an IT security risk management process (including cyber risks) should be implemented and coordinated at the national level, which would allow the information obtained on the state of cyber security risks to be used for strategic decision-making on strengthening cyber security. Adopt measures to improve the communication of cyber incidents through the Cybersecurity Information Network. Develop and approve a detailed standard cyber incident management plan and mandate cybersecurity entities to develop or update their internal cyber incident management plans/​procedures based on the model of this standard plan.
        Between 2011 and 2020, Lithuania received recommendations from the EU and the OECD to improve the design of public sector institutions. Despite Lithuania's efforts to change the governance of state-owned enterprises in line with the OECD guidelines and recommendations, some of the suggestions remain relevant. For example, in its 2020 report "Governance of State and Municipal Owned Enterprises and Public Bodies", the State Audit Office recommended further optimisation of the portfolio of state-owned enterprises, the transformation of state enterprises with a non-advanced legal form into legal entities with other legal forms and other necessary measures.
        Valstybės kontrolė, Valstybės ir savivaldybių valdomų įmonių bei viešųjų įstaigų valdysena, 2021 m. balandžio 6 d., Nr. VAE-3.
        A new round of restructuring of state-owned enterprises (SOEs) was announced at the end of 2021, which is expected to lead not only to a reduction in the number of SOEs but also to a change in their legal form.
        Vitalis Nakrošis, Studija „Viešojo valdymo institucinės sąrangos tobulinimas: politiką įgyvendinančių institucijų pertvarkymo į Viešojo sektoriaus agentūras galimybės“. Galutinė ataskaita. Vilnius, 2021 m. lapkričio 22 d., accessed August 10, 2023, https://vrm.lrv.lt/lt/veiklos-sritys/viesasis-administravimas.
        OECD reports on public governance in Lithuania mostly include recommendations on the following aspects: recommendations to implement the reform of state-owned enterprises (2015, 2016, 2018); recommendations to consolidate business oversight functions (2015); or to concentrate competencies in evidence-based management agencies (2020). Recommendations on the consolidation of public management agencies also remain relevant. The 2020 State Audit Report "Consolidation of bodies supervising the activities of economic operators" stated that only one consolidation decision out of ten planned consolidations had been implemented by the beginning of 2020 (i.e. the reorganisation of the State Inspectorate of Energy and the State Commission for Price and Energy Control into the State Energy Regulatory Council). Other consolidation decisions were cancelled, not implemented or delayed.
        Valstybės kontrolė, Ūkio subjektų veiklos priežiūrą atliekančių institucijų konsolidavimas, 2020 m. gegužės 12 d., Nr. VAE-4.
        The roadmap for the implementation of the Government Programme for 2020–2024 foresees the development of a methodology for assessing the decisions (reasonableness) of consolidation decisions of supervisors on the activities of economic operators, the assessment of supervisors based on this methodology, and the development of a consolidation plan for the supervisors, but the development of the consolidation plan is planned to be relatively late, only in Q4 of 2022. Due to the lengthy preparation and legislative process, this reduces the likelihood that significant consolidation of business supervisors will take place before the end of the 18th government term.
        Vitalis Nakrošis, Studija „Viešojo valdymo institucinės sąrangos tobulinimas: politiką įgyvendinančių institucijų pertvarkymo į Viešojo sektoriaus agentūras galimybės“. Galutinė ataskaita. Vilnius, 2021 m. lapkričio 22 d., accessed August 10, 2023, https://vrm.lrv.lt/lt/veiklos-sritys/viesasis-administravimas.
        The Charter of Fundamental Rights of the European Union establishes everyone's right to good administration, which means that the authorities should deal with matters impartially, fairly and within the shortest possible time (Article 41(1) of the Charter of Fundamental Rights). According to Article 41(2) of the Charter of Fundamental Rights, the right to good administration includes: the right of every person to be heard before any individual measure against him or her is taken (point (a)); the right of every person to have access to his or her file in the exercise of his or her right to legal confidentiality and to professional and business secrecy (point (b)); and the duty of the administration to state the reasons on which it bases its decisions (point (c)). These provisions of the Charter of Fundamental Rights express legal values of a general nature, which may be taken into account as an additional source of legal interpretation when deciding on the content of the principle of good administration in Lithuania (see the decision of the Supreme Administrative Court of the Supreme Administrative Court of Lithuania of 29 March 2012 in Administrative Case No. A822-2220/2012 of 29 March 2012, the ruling of 7 July 2015 in administrative case No. eA-2266-858/2015, the decision of 8 December 2010 of the Extended Chamber of Judges in administrative case No. A756-686/2010, Bulletin of the Supreme Administrative Court of Lithuania, No. 20 of 2010).
        Furthermore, Article 51(1) of the Charter of Fundamental Rights states that the provisions of this Charter are addressed to the institutions, bodies, offices and agencies of the Union, having due regard to the principle of subsidiarity, and to the Member States when implementing Union law. They must therefore respect the rights, observe the principles and apply them by their respective powers, without prejudice to the powers conferred on the Union by the Treaties. The Court of Justice of the European Union has stated in its case law that decisions taken by the authorities of the Member States based on regulations fall within the scope of European Union law, including the Charter. In the case law of the Courts of the European Union, the principle of good administration is treated as part of the general principles of law (see, in this respect, the order of 23 September 2014 in Administrative Case No A858-47/2014 and the case-law of the CJEU cited therein). The European Union's position is that any initiative, in this case in the field of robotics and artificial intelligence, should take a gradual, pragmatic and cautious approach.
        “European Parliament resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics (2015/2103(INL))”, accessed August 10, 2023, https://eur-lex.europa.eu/legal-content/LT/TXT/?uri=CELEX%3A52017IP0051.

        5. Proposed EU AI Regulation to complement Lithuanian administrative law

        Artificial Intelligence (AI) is a man-made technological system that equals and mimics human intelligence, capable of learning from mistakes, analysing its environment and making independent decisions to achieve its goals. These technologies improve work efficiency, process large amounts of information, and flag and filter out inaccuracies. The European Commission's White Paper on AI notes that AI is based on the processing, collection, analysis and iterative aggregation of large amounts of data, including personal data, from a wide range of sources. Artificial Intelligence refers to systems that behave intelligently by analysing their environment and making relatively autonomous decisions to achieve a goal. AI systems can be software-only and operate in the virtual world (e.g. voice synthesizers, image analysis software, search engines, speech and facial recognition systems), or they can be embedded in hardware (e.g. intelligent robots, self-driving vehicles, unmanned aerial vehicles or Internet of Things objects).
        Jurgita Baltrūnienė, Dirbtinis intelektas ir duomenų apsauga kriminalistikos plėtros kontekste (Vilnius: MRU, 2022), accessed August 10, 2023, https://repository.mruni.eu  › bitstream › handle.
        The design and development of AI must fully respect fundamental rights and existing legal rules.
        “Council of the European Union. Presidency conclusions—The charter of fundamental rights in the context of artificial intelligence and digital change (Note 11481/20 FREMP 87 JAI 776, 2020)”, accessed August 10, 2023, https://www.consilium.europa.eu/media/46496/st11481-en20.pdf.
        The same level of protection for the use of AI should be ensured in both the digital and the physical world. Such a standard of protection, in accordance with Article 52(1) of the Charter of Fundamental Rights of the European Union, includes any restriction on the exercise of the rights and freedoms recognised by that Charter, which, in accordance with the principle of proportionality, may only be imposed where it is necessary and genuinely in the common interest as recognised by the European Union, or for the protection of others' rights and freedoms, and which is provided for by law, and which does not alter the substance of those fundamental rights and freedoms.
        “Council of the European Union. Presidency conclusions—The charter of fundamental rights in the context of artificial intelligence and digital change (Note 11481/20 FREMP 87 JAI 776, 2020)”, accessed August 10, 2023, https://www.consilium.europa.eu/media/46496/st11481-en20.pdf.
        The use of AI must respect the intended fundamental rights and freedoms of individuals, as well as ensure compliance with data protection and privacy legislation and provide effective remedies.
        “Council of the European Union. Presidency conclusions—The charter of fundamental rights in the context of artificial intelligence and digital change (Note 11481/20 FREMP 87 JAI 776, 2020)”, accessed August 10, 2023, https://www.consilium.europa.eu/media/46496/st11481-en20.pdf.
        In some cases, artificial intelligence, like any other disruptive technology, may raise new ethical and legal issues, such as liability or potentially biased decision-making. The EU must therefore ensure that AI is developed and deployed within an appropriate legal framework that promotes innovation in line with the Union's values and fundamental rights, as well as ethical principles such as accountability and transparency. The EU is well-placed to lead this debate at global level.
        Goda Strikaitė-Latušinskaja
        Goda Strikaitė-Latušinskaja, „Europietiškas“ dirbtinis intelektas – koks jis?“, „Teise.Pro“, 2022-09-30, accessed August 10, 2023’ https://www.teise.pro/index.php/2022/09/30/g-strikaite-latusinskaja-europietiskas-dirbtinis-intelektas-koks-jis/.
        explores why when we talk about artificial intelligence, we should talk about law. The author argues that, at the current level of technological development, there is a risk that the technical abilities, horizons, preferences, interests, and biases of those who develop applications will be reflected in the applications that are developed. Another important aspect from a legal point of view is liability – when a person makes a mistake, it is easy to say that he or she should be held responsible for that mistake. When it comes to AI applications, the situation is not yet the same – it would often not be so easy to answer the question of who should be liable in one case or another. The situation is not made easier by the fact that it is not always possible to predict how a programme will work, nor is it always possible to explain the circumstances that led to a particular conclusion – the so-called black box problem. What matters is for whom and for what purpose a particular AI program is and/or will be used. After all, AI in itself is neither good nor bad – it depends on when, for whom and how it is used. The development of the use of AI is well ahead of the legal regulation of the use, impact, and liability of AI. To sum up, European artificial intelligence should be seen as a dual objective, with two goals: one is to catch up with and surpass the leaders, China and the United States, in terms of inventions, and the other is to ensure that the human rights guaranteed by European Union law, which have been developed over so many years. AI algorithms and systems-based technologies are welcomed in the Communication from the European Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, in a letter stating that 'the promotion of IT-driven innovation is closely linked to the realisation of the European Data Strategy, including the recently tabled Data Governance Act',
        “European Commission. Proposal for a Regulation of the European Parliament and of the Council on European data governance (Data Governance Act) 25.11.2020, COM(2020) 767 final”, accessed August 10, 2023, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52020PC0767.
        as IT can only be successfully developed if seamless access to data is ensured.
        “European Commission. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Fostering a European approach to Artificial Intelligence, 21.4.2021, COM(2021) 205 final”, accessed August 10, 2023, https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM%3A2021%3A205%3AFIN.
        Authors on the issue of law enforcement functions acknowledge that issues of the functions and interaction of law enforcement agencies are among the most important in ensuring the effectiveness of law enforcement activities.
        Pranas Kuconis and Vytautas Nekrošius, Teisėsaugos institucijos (Vilnius: Justitia, 2001).
        All law enforcement authorities carry out law enforcement activities in accordance with their aims and objectives, as reflected in the functions they perform.
        Malcolm Davies, Hazel Croall and Jame Tyrer, An Introduction to the Criminal Justice System in England and Wales (Harlow by Pearson education, 2005).
        Therefore, law enforcement functions should be defined as activities to enforce the rule of law, to protect and defend human rights and the administration of justice, and to provide advice, representation and, where necessary, defence. Law enforcement authorities should be able to operate in a rapidly changing criminal environment to enhance the protection and security of all individuals.
        “European Commission. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Fostering a European approach to Artificial Intelligence, 21.4.2021, COM(2021) 205 final”, accessed August 10, 2023, https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM%3A2021%3A205%3AFIN.
        AI-based applications can provide cybersecurity by helping to gather intelligence on potential threats, by analysing experience and by identifying certain trends in potential risks and threats.
        EU Member States are increasingly using AI systems in home affairs, which have proven useful in improving investigations into various types of crime and public order, helping officers to make better decisions, and fighting terrorism.
        “European Commission. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Fostering a European approach to Artificial Intelligence, 21.4.2021, COM(2021) 205 final”, accessed August 10, 2023, https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM%3A2021%3A205%3AFIN.
        Stronger cooperation between EU countries is needed in the development and deployment of AI technologies in law enforcement and home affairs. Law enforcement authorities and organisations see the AI as a tool to prevent cybercrime in particular.
        Vincenzo Ciancaglini, Craig Gibson and David Sacho, Malicious Uses and Abuses of Artificial Intelligence (UNICRI Trend Micro, 2020), accessed August 10, 2023, https://www.europol.europa.eu/publications-documents/malicious-uses-and-abuses-of-artificial-intelligence.
        The implementation of AI systems applications brings with it requirements for seamless, fast, user-friendly digital systems. EU Member States have therefore identified an important milestone as a political priority: the need to support the functioning of the area of freedom, security, and justice, so that law enforcement authorities can use AI in their daily work, with clear safeguards in place.
        “Council of the European Union. Council Conclusions on Internal Security and European Police Partnership. 24 November 2020. 13083/1/20 REV 1”, accessed August 10, 2023, https://data.consilium.europa.eu.
        Artificial Intelligence (AI) is a rapidly developing group of technologies. These technologies have the potential to deliver a wide range of economic and societal benefits in a wide range of industries and social activities. AI contributes to the optimisation of operations, the allocation of resources and the tailoring of services to individual needs. In the face of rapid technological change and potential challenges, the EU is committed to furthering the EU's technological leadership and to ensuring that Europeans have access to new technologies that are developed and operate in accordance with the Union's values, fundamental rights and principles.
        “European Commission. Proposal for a Regulation of the European Parliament and of the Council Laying Down Harmonised Rules on Artificial Intelligence (Artificial Intelligence Act) and Amending Certain Union Legislative Acts, 21.4.2021, COM(2021) 206 final”, accessed August 10, 2023, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52021PC0206.
        On 19 February 2020, the European Commission published a White Paper on "Artificial Intelligence. A European approach to competence and trust “.
        “European Commission, White Paper. On Artificial Intelligence - A European approach to excellence and trust, 19.2.2020 COM(2020) 65 final”, accessed August 10, 2023, https://eur-lex.europa.eu/legal-content/LT/ALL/?uri=CELEX%3A52020DC0065.
        The White Paper identifies policy options to achieve the dual objective of encouraging wider deployment of AI and reducing the risks associated with certain uses of the technology. This proposal pursues the second objective of creating an ecosystem of trust by proposing a legal framework for a reliable AI.
        In 2020, the European Parliament adopted several resolutions related to PSI, including resolutions on ethics,
        “Framework of ethical aspects of artificial intelligence, robotics and related technologies. European Parliament resolution of 20 October 2020 with recommendations to the Commission on a framework of ethical aspects of artificial intelligence, robotics and related technologies (2020/2012(INL))”, accessed August 10, 2023, https://eur-lex.europa.eu/legal-content/LT/TXT/?uri=CELEX:52020IP0275.
        liability
        “Civil liability regime for artificial intelligence. European Parliament resolution of 20 October 2020 with recommendations to the Commission on a civil liability regime for artificial intelligence (2020/2014(INL))”, accessed August 10, 2023, https://eur-lex.europa.eu/legal-content/LT/TXT/?uri=CELEX:52020IP0276.
        and copyright.
        “Intellectual property rights for the development of artificial intelligence technologies. European Parliament resolution of 20 October 2020 on intellectual property rights for the development of artificial intelligence technologies (2020/2015(INI))”, accessed August 10, 2023, https://eur-lex.europa.eu/legal-content/LT/TXT/?uri=CELEX:52020IP0277.
        In 2021, these resolutions were followed by resolutions on PSI in criminal matters
        “European Parliament resolution of 6 October 2021 on artificial intelligence in criminal law and its use by the police and judicial authorities in criminal matters (2020/2016(INI))”, accessed August 10, 2023, https://www.europarl.europa.eu/doceo/document/TA-9-2021-0405_EN.html.
        and PSI in the educational, cultural, and audiovisual sectors.
        “Artificial intelligence in education, culture and the audiovisual sector, 2020/2017(INI)”, accessed August 10, 2023, https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2020/2017(INI); “European Commission. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Digital Education Action Plan 2021-2027 Resetting education and training for the digital age, 30.9.2020, COM(2020) 624 final”, accessed August 10, 2023, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52020DC0624.
        EP resolution on the ethical framework for artificial intelligence, robotics and related technologies sets out the text of the proposal for a regulation under the legislative procedure on the ethical principles to be followed in the development, deployment and use of AI, robotics, and related technologies.
        • In this policy context, the Commission puts forward a proposed regulatory framework for AI that pursues these specific objectives:
          • To ensure that IT systems placed and used on the Union market are safe and compatible with existing legislation on fundamental rights and Union values.
          • to ensure legal certainty to facilitate investment and innovation in the field of IT.
          • Improve governance and effective enforcement of existing legislation governing fundamental rights and safety requirements for AI systems.
          • facilitate the development of a single market for legitimate, secure, and reliable AI applications and prevent market fragmentation.
        Full consistency with existing Union legislation, the EU Charter of Fundamental Rights and existing secondary Union legislation on data protection, consumer protection, non-discrimination and gender equality must be ensured. The proposal does not affect the General Data Protection Regulation (Regulation (EU) 2016/679
        “Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, accessed August 10, 2023, https://eur-lex.europa.eu/legal-content/LT/TXT/?uri=CELEX%3A32016R0679.
        )  and the Law Enforcement Directive (Directive (EU) 2016/680
        “Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA”, accessed August 10, 2023, https://eur-lex.europa.eu/legal-content/LT/TXT/?uri=celex%3A32016L0680.
        ) and complements them with a set of harmonised rules for the design, development, and use of certain high-risk AI systems, and with limitations on the use of certain remote biometric identification systems.
        The proposal is also in line with the Commission's overall digital strategy.
        “European Commission. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Shaping Europe's digital future, 19.2.2020, COM(2020) 67 final”, accessed August 10, 2023, EUR-Lex - 52020DC0067 - EN - EUR-Lex (europa.eu).
        It sets out a coherent, effective, and proportionate framework to ensure that AI is developed in a way that respects human rights and earns people’s trust, helping Europe to adapt to the digital age and make the next ten years the digital decade.
        The promotion of AI-driven innovation is closely linked to the Data Governance Act,
        “European Commission. Proposal for a Regulation of the European Parliament and of the Council on European data governance (Data Governance Act) 25.11.2020, COM(2020) 767 final”, accessed August 10, 2023, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A52020PC0767 .
        the Open Data Directive
        “Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information”, accessed August 10, 2023, https://eur-lex.europa.eu/legal-content/LT/TXT/?uri=CELEX:32019L1024 .
        and other initiatives of the EU Data Strategy,
        “European Commission. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. A European strategy for data, 19.2.2020, COM(2020) 66 final”, accessed August 10, 2023, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52020DC0066 .
        which will contribute to the development of reliable mechanisms and services for the reuse, sharing and aggregation of data essential for the development, use and quality of data-driven AI models.
        National Artificial Intelligence Strategy from the Ministry of Economy and Innovation
        Elijus Čivilis et al., Lietuvos dirbtinio intelekto strategija. Ateities vizija (Ekonomikos ir inovacijų ministerija, 2019), accessed August 10, 2023, https://eimin.lrv.lt/uploads/eimin/documents/files/DI_strategija_LT(1).pdf .
        The aim is to create a legal and ethical framework for the application of DI in Lithuania, to facilitate its development and maximise its economic potential. It also provides additional tools for businesses and research institutions wishing to carry out AI research. The strategy provides an opportunity to maximise the potential of AI and to join the global AI community.
        AI and IT growth in Lithuania should focus on key sectors such as industry, law enforcement, etc. These sectors have been identified based on two factors - their importance for the Lithuanian economy and business and for public security. However, in the current period, there is no major strategic approach and significant investment by the state in IT development systems, but several measures have been put in place that would rapidly improve the development of IT technologies in Lithuania. There is a need to increase the use of digital systems in the private sector. As an incentive for setting up new systems, companies could be awarded an IT badge to demonstrate their leadership in digital. This could be achieved through public support and various systemic tax incentives. In the public sector, an appropriate innovation culture is envisaged to encourage the development, deployment and testing of IT solutions. Public bodies need to be encouraged to implement IT systems that are not only designed to deliver public services to the public but are also capable of measuring and optimising workflow. Another strategic avenue to accelerate the development of IT is the identification of key economic sectors that can potentially benefit most from the application of IT systems at the Lithuanian and European level, and the targeted development of systems in line with the needs of these sectors. To achieve greater benefits, it is recommended to develop tailored approaches to adapting IT innovations for the manufacturing, agriculture, healthcare, transport and energy, and law enforcement sectors.
         Elijus Čivilis et al., Lietuvos dirbtinio intelekto strategija. Ateities vizija (Ekonomikos ir inovacijų ministerija, 2019), accessed August 10, 2023, https://eimin.lrv.lt/uploads/eimin/documents/files/DI_strategija_LT(1).pdf .
        One specific area of IT application to be mentioned is law enforcement. Experts argue that the proper use of AI could also lead to more effective law enforcement outcomes.
        “Council of the European Union. Presidency conclusions—The charter of fundamental rights in the context of artificial intelligence and digital change (Note 11481/20 FREMP 87 JAI 776, 2020)”, accessed August 10, 2023, https://www.consilium.europa.eu/media/46496/st11481-en20.pdf.
        The main areas of particular interest in terms of the use of IT systems in law enforcement are data analysis systems, as well as the interpretation of new previously unknown patterns and their interfaces.
        Donatas Murauskas „Dirbtinio intelekto metodai teisės taikymo srityje – galimybes varžo etiniai klausimai“, Vilniaus universiteto „Spektrum“ (2019 accessed August 10, 2023, https://naujienos.vu.lt/dirbtinio-intelekto-metodai-teises-taikymo-srityje-galimybes-varzo-etiniai-klausimai/.
        As AI-based systems are increasingly enabled in law enforcement, data protection rules and other legal and ethical safeguards must be ensured, and appropriate safeguards put in place. One of the strategic projects being implemented in Lithuania is the “Challenges of implementing personal rights in modern society: dilemmas of new and evolving rights (2021–2025)” programme,
        „Lietuvos socialinių mokslų centras. Asmens teisių įgyvendinimo iššūkiai modernioje visuomenėje: naujų ir besikeičiančių teisių dilemos (2021–2025 m.)“, accessed August 10, 2023, https://lcss.lt/asmens-teisiu-igyvendinimas/.
        prepared by the Ministry of Education, Science and Sport of the Republic of Lithuania. The programme aims to explore the legal challenges facing modern society as the content of established personal rights changes and a new generation of personal rights emerges, and to make proposals for the further development of the legal system. A long-term investment plan has been developed to implement these strategies in Lithuania.
        "Lietuva po COVID-19: investicijos, kurios keis ekonomikos DNR“ Mano vyriausybė, 2020 m. gegužės 15 d., accessed August 10, 2023.
        AI-based systems and applications are a relatively new area of law enforcement activity. In Lithuania, many law enforcement agencies are already actively exploring the use of AI and the possibility of incorporating robots in certain functions to enhance crime prevention and control. A wide range of IT applications are being developed in line with national crime prevention priorities. IT systems and technologies used in all the following Lithuanian law enforcement agencies:
        • Police Department under the Ministry of the Interior.
        • State Border Guard Service under the Ministry of the Interior.
        • Prison Department under the Ministry of Justice of the Republic of Lithuania.
        • Public Security Service under the Ministry of the Interior.
        • Management Security Service.
        • Customs Department under the Ministry of Finance.
        • Ministry of Justice.
        • Ministry of National Defence.
        The competencies of these law enforcement authorities are implemented using applications and algorithms developed by the AI model. Law enforcement authorities have different types of systems, of which the AI algorithms are one component.
        European Commission, Directorate-General for Migration and Home Affairs. Feasibility study on a forecasting and early warning tool for migration based on artificial intelligence technology - Executive summary (Publications Office, 2021), accessed August 10, 2023, Feasibility study on a forecasting and early warning tool for migration based on artificial intelligence technology - Publications Office of the EU (europa.eu)
        In law enforcement, AI systems are applied in process automation (document analysis, automated reports, etc.), vehicles (automatic number plate scanning, violation detection), facial recognition systems (airports, border crossing), robots (automated demining robots, street patrols), and in the web technology environment. AI and technology allow much more accurate prediction of potential crimes in public places and can also help in the detection of other crimes. AI differs from conventional computer algorithms in that it can train itself, and as a result, it may behave differently when performing the same action, depending on what it has done before.
        The use of AI-based systems in law enforcement can lead to problems with the application of these systems, such as the violation and restriction of human rights. In applying the legislation governing the operation of the AI, law enforcement authorities must consider the fair and lawful use of these systems.
        E-justice is an area of development activity that can make a meaningful contribution to the strategic priorities of the United Nations Development Programme (UNDP) and make a real difference in people's lives while tackling systemic exclusion and discrimination. The study on e-justice trends reveals how quickly technology is changing the delivery of justice. Legal systems that do not change cannot benefit from global trends towards modernised, accountable, and accessible justice. The sudden onset of the global COVID-19 pandemic in 2020 revealed the vulnerability of justice systems that have not adapted to new technologies and new ways of delivering services.
        UNDP. Strategic Transformation through e-Justice (One United Nations Plaza, New York, 2022), accessed August 10, 2023, https://www.undp.org/publications/e-justice-digital-transformation-close-justice-gap  
        Many researchers are working on e-justice issues. Vytautas Nekrosius and other scholars in his article analyse the potential of IT to speed up civil proceedings, identify the main directions of successful use of these technologies, discuss the problems of IT application in court proceedings, and the possibilities of their solution and overcoming. Elena Alina Ontanu argues that to create an EU e-justice system that facilitates and supports cross-border litigation, law and technology need to be properly integrated into a single system linking national and European systems. The author examines the digitisation of cross-border procedures and the evolution of the components on which such an e-Justice system depends. Dory Reiling and Francesco Contini
        Dory Reiling and Francesco Contini, “E-justice platforms: challenges for judicial governance”, International Journal for Court Administration 13, 1 (2022): 1–19.
        The article discusses the development of the e-Justice platform and its impact on judicial management. Procedural decisions and court work processes can now be encoded in a digital court work environment. This may have implications for core values such as fair trial and the impartiality and independence of the judiciary. The paper concludes by discussing the governance needed to ensure fair process and the proper functioning of IT in courts. Joana Covelo de Abreu
        Joana Covelo de Abreu “e-Justice paradigm under the new Council’s 2019–2023 Action Plan and Strategy – some notes on effective judicial protection and judicial integration” (2019), accessed August 10, 2023, https://officialblogofunio.com/2019/02/27/e-justice-paradigm-under-the-new-councils-2019-2023-action-plan-and-strategy-some-notes-on-effective-judicial-protection-and-judicial-integration/.
        discusses the new e-Justice strategy 2019–2023 (Council of the European Union, 15 January 2019, 5139/1/19 REV 1). Chitranjali Negi
        Chitranjali Negi, “What is E - Justice?” (2023), accessed August 10, 2023, http://www.legalsl.com/it/what-is-e-justice.htm.
        states that the Commission considers that the first objective of e-Justice is to increase the efficiency of justice across Europe for its citizens, and therefore gives priority to the development of electronic signatures (E-Signatures) and electronic identities (E-Identities), which are of particular interest from a judicial perspective.

        5.1 IT services in Lithuanian courts
        “Lithuanian Courts”, LVAT. IT paslaugos teismuose, accessed August 10, 2023, https://www.lvat.lt/teismo-lankytojams/it-paslaugos-teismuose/679.

        Technological innovations introduced in Lithuanian courts allow participants in the process to save time and money, and to receive the information they need quickly and clearly.
        1. Electronic case. On the portal e.teismas.lt, citizens can use court services from the comfort of their own home: form and submit procedural documents to the court, pay the stamp duty, get access to the case file, receive court documents, listen to audio recordings of court hearings. The e.teismas.lt portal can be accessed via electronic banking, using a personal identity card, with an electronic signature or by obtaining direct login details from the court. The e.teismas.lt portal is used by 40,600 users (32,000 natural persons, about 6,000 lawyers and their assistants, 2,500 legal persons).
        2. Remote hearings. For people living abroad, who are unable to attend court due to illness or other important reasons, it is now possible to attend court remotely. This requires an application to the court and, once the court has considered the application and approved it, it is possible to attend the hearing directly from your home, a medical institution, or another institution.
        3. Full information about the case. Anyone in the country who wants to find out where and when their case will be heard, which judge will rule on their case, access the materials of final judgments, or find out what is waiting for them in the courtroom can easily do so by visiting the following portals: Public Search of Court Schedules; Public Search of Judgments; Open Court. lt, which provides all relevant statistics related to the work of the courts, provides a more detailed overview of the work of all Lithuanian courts and specific judges, and allows you to compare them with each other on the basis of how long it takes to hear a case, the experience of the judges, the cost of maintaining the courts, and other criteria; one of the first initiatives of its kind in the world, initiated in cooperation with Transparency international; sale. teismai.lt allows you to watch a virtual court session, get acquainted with its course, rights and obligations of the participants in the court proceedings, and find answers to topical questions related to the court's activities.
        4. Audio recordings of the hearing. People can listen to high-quality audio recordings of court hearings from the comfort of their own home - all of them, together with the case file, can be found on e.teismas.lt and listened to.
        5. Automatic case allocation. All cases in the courts are automatically assigned to a particular judge using a special system which, after assessing certain criteria (e.g. a judge's specialisation, the number of cases received), draws up a list of judges available to hear a case and assigns it to the judge at the top of the list.

        5.2 LITEKO (Lithuanian Court Information System)

        The Regulations of the Lithuanian Judicial Information System
        “Order No 6P-112-(1.1) of the Director of the National Judicial Administration of 28 November 2011 “On the approval of the provisions of the information system of the Lithuanian courts and the provisions of data security of the information system of the Lithuanian courts”, LRS, accessed August 10, 2023, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.415655?jfwid=.
        shall regulate the objectives and purpose of the Lithuanian Judicial Information System (LITEKO), the legal basis for its establishment, its organisational, informational, and functional structure, the data to be processed, the sources of the data to be collected, the processing of data, the requirements for data security, the establishment, modernisation, and liquidation of LITEKO.
        LITEKO users - judges, civil servants of courts or employees working under employment contracts, who have been granted the right to use LITEKO resources for the performance of their functions in accordance with the procedure established by law. Service recipients - participants in civil, administrative, administrative offence or criminal court proceedings: citizens of the Republic of Lithuania or natural persons holding a permanent residence permit in the Republic of Lithuania or legal entities registered in the Republic of Lithuania, acquiring rights and obligations in civil, administrative, administrative offence or criminal court proceedings and receiving a public electronic service provided by means of LITEKO.
        The purpose of LITEKO is to electronically manage the data on the cases pending and disposed of in Lithuanian courts, to record the progress of the proceedings and to provide the conciliation mediation and public electronic services provided for by the legislation. LITEKO holds approximately 5 million cases, comprising 20 million documents.
        The European Commission-funded project "Effective e-access to court decisions" under the Justice Programme November 2022 – November 2024. The project is implemented by the National Judicial Administration. The project will integrate the European Case Law Identifier (ECLI) into the newly developed Lithuanian Judicial Information System LITEKO (LITEKO II) and will create interfaces with the e-Justice portal.

        5.3 Ensuring the speed and security of the Judicial Information System and the modernisation and development of electronic court services
        “Lithuanian Courts”, accessed August 10, 2023, https://www.teismai.lt/lt/projektai/igyvendinami-projektai/it-projektai/4953.

        Project purpose: To complete the modernisation of the Lithuanian Courts Information System (LITEKO II), to ensure the smooth and efficient work of the courts in the system, to ensure the high quality of the public electronic services provided, and to ensure the reliability of the technological infrastructure used in the system. 

        5.4 Hearings of Lithuanian courts
        “Lithuanian Courts”, Veiklos rezultatai 2022 m., accessed August 10, 2023, https://www.teismai.lt  › 2023/03 › teismai2023-1.

        The e.teismas.lt (eCJ) portal for public electronic services of the courts, which was launched on 1 July 2013, will be in its tenth year of operation at the end of 2022. During these years, the trend of increasing use of the services for creating, submitting to, and receiving procedural documents in civil and administrative cases, managing stamp duty information, managing fines imposed by the courts and costs awarded to the State, and accessing the case file has continued.
        In 2022, the number of civil and administrative cases handled exclusively in electronic form was 86%. In 2022, electronic administrative cases accounted for 79.93% of the total number of administrative cases handled by courts. The number of electronic administrative cases at first instance (in district administrative courts) is 83.63% in 2022. The share of electronic administrative cases heard on appeal at the Supreme Administrative Court of Lithuania has increased considerably, reaching 63.51% in 2022. The increase in the number of e-teismas.lt (ECJ) users over the past years has continued to grow, with 126 039 ECJ users at the end of 2022. At the end of 2022, 2 192 lawyers; 1 118 legal assistants; 5 38 mediators; 23 981 persons are listed as representatives of legal persons in the accounts of legal persons (a total of 14 880 accesses by legal persons); 98 210 other natural persons are listed as representatives of legal persons in the portal e.teismas.lt. The number of remote hearings using videoconferencing equipment decreased in 2022. In 2020, following the acquisition of licences for the ZOOM platform for the working needs of the courts, hearings and working meetings started to be organised using this platform. This has led to a decrease in the number of remote hearings conducted using the fixed video conferencing equipment installed in the courts. In 2022, the number of remote hearings and working meetings held using video conferencing equipment is 1360, while the number of hearings and working meetings held using the ZOOM platform is 42954.
        In 2022, the National Judicial Administration (NJA) represented the interests of the Judicial Council and the judiciary on various issues.
        “Lithuanian Courts”, Nacionalinės teismų administracijos 2022 metų veiklos ataskaita. 2023 m. vasario 22 d. NR. 3R-454-(1.2), accessed August 10, 2023, https://www.teismai.lt.
        A draft resolution of the Council of Judges on the amendment to the description of the procedure for processing non-public data in the Lithuanian Courts Information System has been prepared to ensure the protection of non-public data processed in courts as well as to ensure a unified practice of the courts in LITEKO in processing data related to non-public case materials. As of 1 January 2022, the courts started to keep records of stamp duty. In the light of the changes in the legal regulation, the functionality of the LITEKO Public Electronic Services subsystem was adapted to provide information on the payment of stamp duty and costs related to the proceedings, as well as the relevant payment codes. The automation of the generation of reports on stamp duty credited and refunded in LITEKO has also been carried out, as well as the introduction of LITEKO functionality enabling the presentation of stamp duty data in these reports according to the public sector entities. In order to improve the work of the courts, in 2022 the NTA upgraded the data backup equipment to ensure the security of the Category I information system and other data, purchased and made available to the courts the next generation of antivirus software, 33 sets of juvenile interrogation room equipment, 595 sets of laptops, 67 TVs and brackets, 2 uninterruptible power supplies (UPS), 90 managed video conferencing cameras, 54 Office licences, 38 multifunctional machines and 8 printers. It also renewed, as it does every year, 285 Zoom licences for remote hearings. In 2022, 20 878 new users registered on e.teismas.lt.
        We can conclude that all main administrative procedure principles (access to justice, independence of judges and the judiciary, publicity in court proceedings, principles of inquiry and impartiality, expedition and economy of proceedings, clarification of the rights and obligations of the parties to proceedings and others) are implemented in administrative courts of Lithuania.

        6. Conclusions and proposals for legislative reforms in Lithuania to bring administrative law into the digital space

        Good public administration is based on the principles laid down in Article 3 of the Law on Public Administration. Proper, responsible management, as repeatedly emphasised in the practice of the Supreme Administrative Court of Lithuania, is inseparable from the requirements of good administration.
        The principle of good administration is a fundamental principle of the legal system of the European Union and the Republic of Lithuania. The principle of good administration is enshrined in the case law of the Supreme Administrative Court of Lithuania, in the application of the norms of the Law on Public Administration in the most important national (Article 5(3) of the Constitution of the Republic of Lithuania) and international documents (Article 41 of the Charter of Fundamental Rights of the European Union, etc.).
        Both national and international strategic documents emphasise the improvement of the quality of services and their delivery and the quality of service to the population, the provision of services that meet the needs of consumers, the digitalisation of services, and the transparent provision of services. In EU Member States, digitisation and public service improvement initiatives have dominated the public governance reform agenda in recent years. However, many EU administrations have pursued reform initiatives for better government organisation and management.
        The digital transformation of public governance is an ongoing process that changes the organisational structure and processes of public governance, creating the conditions for strengthening democracy. Digital transformation also involves fundamental changes in culture, staff structure and skills, communication with citizens and the long-term delivery of public services. Digital transformation is thus accompanied by significant changes in public services and their interactions, and digital transformation also focuses on the social nature of these changes, not just on technical issues.
        Caroline Fischer, Moritz Heuberger and Moreen Heine, “The impact of digitalization in the public sector: a systematic literature review”, dms – der moderne staat – Zeitschrift für Public Policy, Recht und Management, 14, 1 (2021): 3–23.
        Digital technologies, including artificial intelligence, can strengthen the protection of fundamental rights and democracy. Effective public governance is a strategic objective for Lithuania the deployment of technological solutions is one of the key conditions for positive change. Lithuania's strategy for progress "Lithuania 2030"
        “Resolution No XI-2015 of the Seimas of the Republic of Lithuania of 15 May 2012 “On the approval of the State Progress Strategy “Lithuania Progress Strategy “Lithuania 2030”, LRS, https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/TAIS.425517.
        is the basis for strategic decisions on the country's development priorities and their implementation up to 2030. The Strategy iden­ti­fies three strands of governance: strategically capable government, open and empowering go­ver­nan­ce, and go­ver­nan­ce that responds to the needs of society. The importance of digitisation of public administration is directly addressed in Lithuania 2030 around efficient service delivery: "en­sur­ing the use of the latest technologies, and the delivery of public services in cyberspace". The digital transformation of public governance is included in the National Progress Plan (NPP) 2021–2030.
        For example, an administrative order is an offer to a person to voluntarily pay within a certain period of time a fine equal to half of the minimum fine established for the administrative offence committed by the person (Article 610(1) of the Administrative Offences Code of the Republic of Lithuania (ANC)). The automated option for the adoption of this document only came into force in 2019, following the adoption of amendments to the Code, and became effective on 1 January 2020. With the automation of the institution of the administrative order, the ANC has established an exhaustive list of administrative offences recorded outside the presence of the person suspected of having committed the administrative offence, for which the administrative offence report with the administrative order is drawn up automatically. Automation in this process should be understood as the preparation of administrative offence reports using software, eliminating human intervention. The current legal framework for automated administrative instruction in Lithuania needs to be improved. The choice of applying automation to the formulation of certain administrative instructions does not correspond to the European vision of integrating technology into the public sector. In view of the risks of the problems outlined above, it is proposed to move towards a hybrid model for the adoption of administrative instructions, where automation is understood and used as a tool to speed up the adoption of administrative instructions, but where the burden of making the final decision is placed on the official. Such a model would be in line with the European Union's emerging approach to incorporating technology into public sector decision-making.
        Advances in information technology and its increasing applicability in the public sector (e.g. eGovernment, electronic document management, etc.) not only allow for transparency, but also for the optimisation of processes and the reduction of the human resources needed to carry out standard and routine tasks. The new era of technology and innovation places extremely high demands on lawyers in terms of qualification and integral competence, which require not only the precise application of legal knowledge but also the skilful application of the modern elements of modern management - organisation, planning, workload management, workload management. As society becomes more modern, the link between legal knowledge and electronic services is becoming an integral part of a lawyer's professional activity.
        At national level, it is recognised that the State is not exploiting the full potential of digitisation, i.e., not enough new technology-based solutions are being developed to be deployed in the delivery of smart public services. The problem is identified as being due to inefficient management, untapped data potential, lack of technological solutions, competences, and cooperation. The pre-assessment of the digitisation of society, commissioned by the Ministry of Economy and Innovation It found insufficient progress in the digital transformation of the public sector, a lack of long-term vision and alignment of actions, and low ambition. Investments addressing technical issues are predominant, but there is a lack of fundamental change in the transformation of institutions' business processes. Digitisation projects are large and lack flexibility. The public sector lacks a culture of experimentation to foster innovation by harnessing business potential.
        The vision for the digital transformation of public governance in Lithuania requires an integrated and broad approach, encompassing the technological and value levels, whose interaction, harmony, and solutions would ensure a successful digital transformation of public governance. The technological level encompasses the four main objects of digital transformation (decision-making and e-democracy, internal processes of public organisations, public services, and data) and defines the quality of public services and the ways in which the state should deliver them, the level of digital maturity of the internal processes that should be put in place, the way in which decisions are taken and the data policy. The value/context level covers the institutional and cultural framework that enables the development of digitisation capacities. Key factors include strategy, leadership and culture, skills and capabilities, legal environment, governance model and organisational structure, technology, and other resources.
        Principles of administrative law and procedure, also principles of good governance will be ensured in case if applicants have the choice to use the IT or not. The main disadvantage of e-tools for public administration activities and administrative cases procedure is the lack of real communication with person. Law on public administration of the Republic of Lithuania and Law on Administrative Procedure of the Republic of Lithuania states the alternatives to use IT technologies or e-tools for applications and complaints or not. So, Lithuania ensured the proper access to information and examination of applications for public administrative entities and courts.