Suchergebnisse

Although independence of judiciary has become a universal principle, but in practice it is still sometimes subject to challenges. As the mission of the judiciary is to ensure legitimacy by defending human rights from arbitrary acts of other branches of state power, there is inevitable tension between the judiciary and other branches of state government. The executive and the legislature may sometimes seek to influence the court in various ways – influencing the selection and appointment of judges, decreasing the remuneration and other social benefits of judges, expressing will to limit the powers of the judiciary, refusing to implement judicial decisions or ignoring them. These and other threats to independence of the judicial are likely to increase during the economic crisis when the society suffers from asperities and is full of tensions. In order to achieve economic stabilization, human rights and freedoms, and its most significant protection guarantee – the independence of the judiciary, are often pushed to the background. Therefore it is often claimed that one of the consequences of the global economic recession is a global human rights crisis.The subject of this article is the specific challenges of the economic crisis of 2088–2012 in Lithuania posed to the main elements of the principle of judicial independence: independence of individual judges and institutional independence of the judiciary. These challenges are mostly related to two types of tension: the tension between law and politics, which arose due to verification and outlawing by the judiciary of some decisions of political power on the measures to overcome the economic crisis, and the tension between law and society, which arose due to the fact that the society not always accepted (or even was encouraged not to accept) the decisions of the judiciary assessing the legality of the measures taken by political power to overcome the economic crisis. This article aims to assess the impact of the economic crisis to the independence of the judiciary. The research done in this article seeks to verify the hypothesis that the guarantees of judicial independence (and human right to judicial defense) are diminished during the economic recession. The research was conducted by applying analytical, systematic, comparative, descriptive and quantitative analysis research methods.This research led to the conclusion that economic crisis threatened both the said elements of the principle of independence of the judiciary. The reduction of the most important social guarantees of a judge (salary, pension), i.e. the concrete measures found incompatible with the Constitution, can be regarded as an encroachment to the (procedural) independence of the judge. Reduced funding for the courts, taking into account the increased workload of the courts, as well as the reduced social guarantees of judges, can be seen as disproportionate anti-crisis measure that threatened the institutional independence of the judiciary. In addition to these challenges, the Constitutional Court due to its special role in assessing the anti-crisis measures also had to face significantly increased criticism by the representatives of the political branch of state government, which could be seen as a certain pressure on the Constitutional Court in the decision making process. Apart from that, these economic crisis challenges to independence of the judiciary has certainly influenced the public's perception of the entire judiciary system and reduced public confidence in the judiciary, hence this situation has posed an immense threat to the appearance of independence of the judiciary. However, it should be noted, that the economic crisis has also lead to some positive reforms in the judicial system, which might not have been taken in a different situation – the adoption of procedural and other changes in the legislation, which was intended to promote the efficiency of judicial procedure, as well as the reorganization of some district courts, which helped to optimize the resources of those courts, and the inclusion of the representatives from the society into the activities of the judiciary system. Thus the above mentioned hypothesis has been confirmed in part, i.e. apart from the typical threats to the judicial independence, the economic crisis also opened some opportunities to optimize the judiciary activities increasing efficiency of judicial defense. ; Šiame straipsnyje1 identifikuojami ir analizuojami 2008–2012 metų ekonominės krizės Lietuvoje iššūkiai pagrindiniams teismų nepriklausomumo principo elementams: teisėjo nepriklausomumui ir teismų instituciniam nepriklausomumui. Straipsnyje siekiama įvertinti ekonominės krizės įtaką teismų nepriklausomumui patikrinant hipotezę, kad ekonomikos recesijos sąlygomis mažinamos teismų nepriklausomumo ir žmogaus teisės į teisminę gynybą garantijos. Pagrindinė straipsnio išvada yra ta, kad ši hipotezė pasitvirtino iš dalies, t. y. ekonominė krizė, be jos laikotarpiui būdingų grėsmių teismų nepriklausomumui, atvėrė ir kai kurias galimybes optimizuoti teismų veiklą didinant asmens teisių teisminės gynybos veiksmingumą.

The Constitution of the Republic of Lithuania was adopted by referendum on 25 October 1992. The source of the Constitution is the Nation. The Constitution is a constituent act of the Nation; therefore, it is primary law in terms of both legal force and content, i.e. it is the centre of legal life and determines the directions and content of lawmaking. The Constitution is a social contract: this special legal act establishes public authority, contains an agreement on the composition of public authority and on the procedures for its organisation and functioning, consolidates human rights and freedoms, and provides for the ways of protecting them. At the same time, the Constitution consolidates the state as the common good of the whole of society; the strivings and values of the Nation that are enshrined in the Constitution express the constitutional identity of the State of Lithuania. As an act of a substantive nature, the Constitution is based on universal and unquestionable democratic values, inherent in the tradition of western law; moreover, the Constitution is an anti-majoritarian act, protecting the freedom and innate rights of not only the Nation, but also the individual. [.]

The Constitution of the Republic of Lithuania was adopted by referendum on 25 October 1992. The source of the Constitution is the Nation. The Constitution is a constituent act of the Nation; therefore, it is primary law in terms of both legal force and content, i.e. it is the centre of legal life and determines the directions and content of lawmaking. The Constitution is a social contract: this special legal act establishes public authority, contains an agreement on the composition of public authority and on the procedures for its organisation and functioning, consolidates human rights and freedoms, and provides for the ways of protecting them. At the same time, the Constitution consolidates the state as the common good of the whole of society; the strivings and values of the Nation that are enshrined in the Constitution express the constitutional identity of the State of Lithuania. As an act of a substantive nature, the Constitution is based on universal and unquestionable democratic values, inherent in the tradition of western law; moreover, the Constitution is an anti-majoritarian act, protecting the freedom and innate rights of not only the Nation, but also the individual. [.]

The book is based on the multifaceted research carried out by the scholars of the Faculty of Law of Vilnius University. It analyses whether (and, if so, then how) the global economic crisis, which gripped Lithuania in 2008, has altered the standards of the rule of law and human rights enshrined in Lithuanian law. Although various expectations of members of society had been perceived and protected as rights before the crisis, the latter induced the narrowing of the scope of their protection and the subsequent justification of this narrowing, as the relevant legal standards were interpreted flexibly or, at times, even not applied. Irrespective of these developments, however, the legal standards of a democratic regime have been consolidated in Lithuania to the extent that their relative downgrading as a result of the crisis has not turned the rule of law from a legal reality into an ideologeme or a slogan devoid of a real content, and the perception of a law-governed state has not been substantially undermined, so far. The book covers the period between 2008 and 2014. It provides an extensive study on the impact of the crisis on the right to responsible government, the freedom of economic activity, the regulation of public finances (budgeting process, taxes and contributions, the supervision of banks and financial markets), social rights, political and personal rights, the independence of courts (the right to a fair trial) and the resolution of legal disputes.

The book is based on the multifaceted research carried out by the scholars of the Faculty of Law of Vilnius University. It analyses whether (and, if so, then how) the global economic crisis, which gripped Lithuania in 2008, has altered the standards of the rule of law and human rights enshrined in Lithuanian law. Although various expectations of members of society had been perceived and protected as rights before the crisis, the latter induced the narrowing of the scope of their protection and the subsequent justification of this narrowing, as the relevant legal standards were interpreted flexibly or, at times, even not applied. Irrespective of these developments, however, the legal standards of a democratic regime have been consolidated in Lithuania to the extent that their relative downgrading as a result of the crisis has not turned the rule of law from a legal reality into an ideologeme or a slogan devoid of a real content, and the perception of a law-governed state has not been substantially undermined, so far. The book covers the period between 2008 and 2014. It provides an extensive study on the impact of the crisis on the right to responsible government, the freedom of economic activity, the regulation of public finances (budgeting process, taxes and contributions, the supervision of banks and financial markets), social rights, political and personal rights, the independence of courts (the right to a fair trial) and the resolution of legal disputes.

Just as we never get a second chance to make a good first impression, we may equally be deprived of a unique chance to act both as witnesses and evaluators of the centennial after regaining the independence of the Republic of Lithuania if we fail to review and assess this period. Therefore, we have to seize the opportunity and reflect upon the twisting path of our history since regaining the independence of the state until the current situation. The centennial development of law cannot be disembodied from the story of state's development. One can treat law both as a pathfinder and as a legal guide of the state; however it can likewise be applied as an instrument to solely ensure proper functioning of the state. Creating an effective system of law is not a one-day project; it is the process requiring deliberation, constant effort and deep awareness, otherwise the system will be doomed to failure or malfunctioning. Every state or nation is believed to deserve such a legal system as the efforts that the state puts to ascertain and develop it. The centennial period since the restoration of the independence of the Republic of Lithuania can unmistakably be described as a unique one: on the one hand the state was faced with the challenges of restoration and creation in various areas of the state and the society; it later experienced the loss of independence and survived 50 years of occupation; it eventually restored an independent state and was repeatedly faced with fresh challenges of re-establishing a historically-literate, well-structured and well-functioning state-governance system in both national and international levels. On the other hand, the technological and communications progress intensified the recent hundred years to such an extent that it clearly outdistances any previous centennials. Advancement of information technologies intensifies our time, our law, while huge amounts of information and its immense spread accelerate the pace of our life and our history. New forms of social relations and new branches of law emerge all in need of proper legal regulation. The study "The Development of the Lithuanian Law within the Period of 1918-2018: the Centennial Experience and Prospects" is a result of joint research efforts of more than 50 outstanding lawyers representing different areas of law from Mykolas Romeris University, Vytautas Magnus University, and Vilnius University. The study, dedicated to the Centennial of Lithuanian statehood due in 2018, presents the results of scientific research on legal science and major branches of law, covering the period of 1918-beginning of 2018 (information presented in the study covers a period until end-2017); it reflects upon the centennial development of Lithuanian law, discusses its major characteristics, tendencies and preconditions of their formation; it examines its influence on the state and state authorities and envisages possible impact on the development of law in the future. The Lithuanian law of 1918-2018 is analysed from the perspective of three statehood periods. 1918-1940 is the period when the independence of the Republic of Lithuania was declared, the groundwork for the statehood was laid and an independent legal system was being established. 1940- 1990 denotes the period of occupation, when the authentic legal system of Lithuania was destroyed and the Soviet legal system was forcibly entrenched. The latter was based on socialist ideology and the superiority of governmental authority over the civil society. It is not easy to evaluate the span of 1990- 2018 as the impartial assessment of it is seriously hindered by the authors' partial attitude towards the existing surrounding phenomena. [.]

Just as we never get a second chance to make a good first impression, we may equally be deprived of a unique chance to act both as witnesses and evaluators of the centennial after regaining the independence of the Republic of Lithuania if we fail to review and assess this period. Therefore, we have to seize the opportunity and reflect upon the twisting path of our history since regaining the independence of the state until the current situation. The centennial development of law cannot be disembodied from the story of state's development. One can treat law both as a pathfinder and as a legal guide of the state; however it can likewise be applied as an instrument to solely ensure proper functioning of the state. Creating an effective system of law is not a one-day project; it is the process requiring deliberation, constant effort and deep awareness, otherwise the system will be doomed to failure or malfunctioning. Every state or nation is believed to deserve such a legal system as the efforts that the state puts to ascertain and develop it. The centennial period since the restoration of the independence of the Republic of Lithuania can unmistakably be described as a unique one: on the one hand the state was faced with the challenges of restoration and creation in various areas of the state and the society; it later experienced the loss of independence and survived 50 years of occupation; it eventually restored an independent state and was repeatedly faced with fresh challenges of re-establishing a historically-literate, well-structured and well-functioning state-governance system in both national and international levels. On the other hand, the technological and communications progress intensified the recent hundred years to such an extent that it clearly outdistances any previous centennials. Advancement of information technologies intensifies our time, our law, while huge amounts of information and its immense spread accelerate the pace of our life and our history. New forms of social relations and new branches of law emerge all in need of proper legal regulation. The study "The Development of the Lithuanian Law within the Period of 1918-2018: the Centennial Experience and Prospects" is a result of joint research efforts of more than 50 outstanding lawyers representing different areas of law from Mykolas Romeris University, Vytautas Magnus University, and Vilnius University. The study, dedicated to the Centennial of Lithuanian statehood due in 2018, presents the results of scientific research on legal science and major branches of law, covering the period of 1918-beginning of 2018 (information presented in the study covers a period until end-2017); it reflects upon the centennial development of Lithuanian law, discusses its major characteristics, tendencies and preconditions of their formation; it examines its influence on the state and state authorities and envisages possible impact on the development of law in the future. The Lithuanian law of 1918-2018 is analysed from the perspective of three statehood periods. 1918-1940 is the period when the independence of the Republic of Lithuania was declared, the groundwork for the statehood was laid and an independent legal system was being established. 1940- 1990 denotes the period of occupation, when the authentic legal system of Lithuania was destroyed and the Soviet legal system was forcibly entrenched. The latter was based on socialist ideology and the superiority of governmental authority over the civil society. It is not easy to evaluate the span of 1990- 2018 as the impartial assessment of it is seriously hindered by the authors' partial attitude towards the existing surrounding phenomena. [.]