Rethinking State Act Immunity Doctrine in the Administrative Jurisprudence in the Context of Crises

Abstract

This article re-examines the contemporary role and transformation of the state act immunity doctrine within European administrative jurisprudence, focusing on crisis-driven decisionmaking. Combining doctrinal analysis with an in-depth examination of Lithuanian administrative case law arising from the migration crisis and subsequent national security-related measures, the article demonstrates that absolute or broadly construed immunity is no longer compatible with European constitutional standards grounded in the protection of subjective rights, proportionality, and effective judicial review. Through an analysis of asylum, residence permit, and visa-related cases, the article shows how administrative courts have progressively restored and reshaped judicial control in areas traditionally characterised by extensive political discretion. European Union law – particularly the Charter of Fundamental Rights of the European Union and the case law of the Court of Justice of the European Union – emerges as the central normative framework guiding this development. The Lithuanian experience illustrates how courts have strengthened reasoning requirements, ensured procedural fairness, and resisted attempts to shield administrative decisions from review based on abstract national security arguments.