Suchergebnisse

This article aims to review the main Lithuanian asylum legislation in light of the EU asylum acquis and identify existing or possible constrains to the effective implementation of the acquis. The author analyses the main legal documents regulating the protection of refugees, adopted under Article 63 of the Amsterdam Treaty of the European Union (EU), which represents a first stage of asylum law harmonisation process in the EU. At the time of an obligation to align its law and practice with then legally non-binding EU provisions on asylum. Even more so after accession, this time with legally binding legislation, now in place in the EU. But even after the adoption of the last asylum instrument under the Amsterdam Treaty by the end of 2005, asylum law developments within the EU can not be considered completed yet. Discussions on the second stage of harmonisation and preparations for it are taking place within the EU. This process will further influence the development of legal regulation of asylum matters in the EU Member States, including Lithuania. The author stresses that not less important than the legal alignment is the development of national jurisprudence in line with the legal provisions and spirit of the EU law in this field.

This article aims to review the main Lithuanian asylum legislation in light of the EU asylum acquis and identify existing or possible constrains to the effective implementation of the acquis. The author analyses the main legal documents regulating the protection of refugees, adopted under Article 63 of the Amsterdam Treaty of the European Union (EU), which represents a first stage of asylum law harmonisation process in the EU. At the time of an obligation to align its law and practice with then legally non-binding EU provisions on asylum. Even more so after accession, this time with legally binding legislation, now in place in the EU. But even after the adoption of the last asylum instrument under the Amsterdam Treaty by the end of 2005, asylum law developments within the EU can not be considered completed yet. Discussions on the second stage of harmonisation and preparations for it are taking place within the EU. This process will further influence the development of legal regulation of asylum matters in the EU Member States, including Lithuania. The author stresses that not less important than the legal alignment is the development of national jurisprudence in line with the legal provisions and spirit of the EU law in this field.

Analyzing the contracts for the European Union Constitution we can observe there is not enough attention put on the religion and its essentiality. As far as Maastricht pact is concerned, there are no references to the religion; however, during the considerations of this contract there was a question risen about how important religion is for the European Union. Consequently, it was decided to follow European Human Rights convention. Under the agreement of Amsterdam, the religion discrimination was forbidden; however, it's not a significant achievement since Europe had substantial Christian roots. The Nice charter didn't issue resolutions favorable for the Church yet, it was decided that a person could be exempted from soldering due to his belief. Although, it was not a huge gain, faithful people got more rights.

Analyzing the contracts for the European Union Constitution we can observe there is not enough attention put on the religion and its essentiality. As far as Maastricht pact is concerned, there are no references to the religion; however, during the considerations of this contract there was a question risen about how important religion is for the European Union. Consequently, it was decided to follow European Human Rights convention. Under the agreement of Amsterdam, the religion discrimination was forbidden; however, it's not a significant achievement since Europe had substantial Christian roots. The Nice charter didn't issue resolutions favorable for the Church yet, it was decided that a person could be exempted from soldering due to his belief. Although, it was not a huge gain, faithful people got more rights.

Analyzing the contracts for the European Union Constitution we can observe there is not enough attention put on the religion and its essentiality. As far as Maastricht pact is concerned, there are no references to the religion; however, during the considerations of this contract there was a question risen about how important religion is for the European Union. Consequently, it was decided to follow European Human Rights convention. Under the agreement of Amsterdam, the religion discrimination was forbidden; however, it's not a significant achievement since Europe had substantial Christian roots. The Nice charter didn't issue resolutions favorable for the Church yet, it was decided that a person could be exempted from soldering due to his belief. Although, it was not a huge gain, faithful people got more rights.

The emphasis in the Community's and Union's treaties and charter on workers' rights and on the need to create conditions that would facilitate freedom of movement of labour between member states explains why issues concerned with the employment and equalization of working conditions have always been high on the policy agenda. With the launch of the European Monetary Union (EMU) and Euro, the debate on European solutions shifted focus towards structural policies, which are the necessary complement to the macroeconomic policy mix under EMU. Employment is the key ingredient of this debate. Indeed employment cuts across all the challenges of enlargement, the new financial framework and the EU structural funds, the promotion of economic and social cohesion, and institution reform. Throughout the 1970's and 1980's employment was present in the minds of the leaders of the then EEC when the four freedoms of movement of goods, services, capital and labour were promoted in Single Market. The subsequent evolution of employment strategy can be divided into two periods, the watershed of which is marked by new Treaty of Amsterdam, signed in October 1997. Before Amsterdam, employment and labour market policy was the sovereign domain of the Member States. The treaty does not change the basic principle that Member States take primary responsibility for employment policy. But it does entrust the European institutions, the Council and the Commission with a much stronger role, new tasks and more forceful tools. It involves the European Parliament more closely with the decision making process. Also, the responsibilities of the social partners and their opportunities to contribute are enhanced through the inclusion of the Social Protocol into the Treaty. Leaders of many Member States have been at the forefront in coordinating and implementing the European employment strategy. ; Europos Sąjunga (ES) vykdydama užimtumo ir socialinę politiką, siekia užtikrinti aukštą gyvenimo kokybę, žmogaus orumą atitinkantį gyvenimo lygį, sudaryti galimybes gyventi aktyvioje, integruotoje ir sveikoje visuomenėje. Ši politika padeda gerinti didžiosios dalies ES piliečių, tarp jų ir bedarbių, pagyvenusių žmonių, neįgaliųjų, socialiai atskirtųjų, darbo rinkoje skriminuojamų žmonių gyvenimą. Tai atitinka vieną svarbiausių ES socialinės politikos principų – piliečių solidarumo principą, būtiną kuriant stabilią visuomenę bei skatinant nuolatinį klestėjimą, kuris yra Europoje veikiančio socialinio modelio atskaitos taškas. ES gyventojai nepaliekami rinkos jėgų valiai – jie turi galimybę naudotis viena stipriausių pasaulio socialinės paramos sistemų. Straipsnio tikslas – atskleisti ES vykdomą užimtumo, kaip socialinės gerovės garanto, politiką, išanalizuoti ją lemiančias ES sutartis, aptarti ES socialinės politikos transformacijas pereinant prie vidaus rinkos ir įsigaliojus ES pilietybei. Tyrimo metodai – dokumentų, mokslinės literatūros analizė.

Border guard, control and surveillance are a relevant topic in every country. It should be mentioned, that when the country has borders with other countries, it has created the policy, legal and institutional basis for the control and surveillance of its border that secures social, political, legal, economical, cultural and scientific interests of the citizens of that country. There are two border concepts in the European Union – internal and external borders. The co-operation of the member states, based on the integrated border management concept, is oriented to the common attempt to control and secure the external border carrying out various joint operations and projects. The purpose of this paper is to analyse the guidelines of the cooperation of the EU member states in the field of external border guard and to evaluate the effectiveness of this cooperation. This paper consists of preface, where the relevance, problem, purpose, objectives are presented, three main parts, conclusions and appendixes. The analysis of the guidelines of cooperation of the EU member states in the field of external border surveillance and evaluation of the effectiveness of this cooperation is being carried out using the researches, Shengen acquis, the Treaty of Amsterdam, the Treaty of Rome, the Treaty of Lisbon, etc.

Border guard, control and surveillance are a relevant topic in every country. It should be mentioned, that when the country has borders with other countries, it has created the policy, legal and institutional basis for the control and surveillance of its border that secures social, political, legal, economical, cultural and scientific interests of the citizens of that country. There are two border concepts in the European Union – internal and external borders. The co-operation of the member states, based on the integrated border management concept, is oriented to the common attempt to control and secure the external border carrying out various joint operations and projects. The purpose of this paper is to analyse the guidelines of the cooperation of the EU member states in the field of external border guard and to evaluate the effectiveness of this cooperation. This paper consists of preface, where the relevance, problem, purpose, objectives are presented, three main parts, conclusions and appendixes. The analysis of the guidelines of cooperation of the EU member states in the field of external border surveillance and evaluation of the effectiveness of this cooperation is being carried out using the researches, Shengen acquis, the Treaty of Amsterdam, the Treaty of Rome, the Treaty of Lisbon, etc.

One of the most important changes in the development of population in European Union (EU) is demographic ageing - due to remarkable reductions in fertility levels and increasing life expectancy, the proportion of persons aged 60 and over is increasing very rapidly. The actual size of the elderly population in several EU countries already exceeds the projected estimations for 2010. These demographic challenges confirmed the importance of social affairs for its policy agenda. In combination with technological, structural and political change, Economic and Monetary Union (EMU) and the prospects for further enlargement of the Union to the East, socio-demographic trends had intensified pressures on welfare systems, raising questions about the feasibility and desirability of achieving a common social policy and about the future shape of the "European social model". The emphasis placed on workers' rights in the Community's and Union's treaties and charter signalled that European social policy was only indirectly concerned with categories of the population who did not gain entitlements to social protection as active members of labour force. The Treaty establishing the European Economic Community, later the Single European Act and the Treaty on European Union made no reference to older people. A statement on European policy for this potentially disadvantaged category of former or would be workers was, however, introduced into the Community Charter of the Fundamental Social Rights of Workers and a new article on non-discrimination in the Treaty of Amsterdam identified age among the areas where discrimination was to be eliminated. ; Spartus ES valstybių demografinis senėjimas XX–XXI amžių sandūroje bei šio proceso prognozės kelia didelį susirūpinimą socialinės politikos kūrėjams: kaip užtikrinti lygias galimybes visoms kartoms ir integruoti pagyvenusius žmones į visuomenę. Siekiant spręsti šias problemas, nauji uždaviniai kyla socialinių paslaugų, pensijų, darbo rinkos politikos ir kitoms sritims. Straipsnio tikslas – įvertinti visuomenės demografinio senėjimo padarinius ir aptarti socialinės politikos pagyvenusiems formavimąsi ES valstybėse. Šiuo tikslu aptariami gyventojų amžiaus struktūros pokyčiai ir demografinio senėjimo veiksniai ES valstybėse, analizuojama socialinės politikos pagyvenusiesiems raida nuo Europos Bendrijos sukūrimo iki paskutiniosios Europos Sąjungos plėtros į Vidurio ir Rytų Europą bei išryškinamas jos vaidmuo integraciniuose procesuose.

The creation of the European civil procedure rules could have started from the beginning of the European Economic Community, since the Article 220 of the Treaty of Rome (1958) established that Member States shall enter into negotiations with each other with the view to securing simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals and of arbitration awards. The first milestone in this area was the Brussels Convention, which entered into force in 1973 and successfully governed the area of recognition and enforcement of judgments across the European Union. The special feature of the Brussels Convention is the mechanism of enforcement, which was granted to it by the decision of the Member States to grant the power to interpret the Brussels Convention for the European Court of Justice. The Brussels Convention became the secondary EU legislation and it continued its existence as Brussels I regulation from 2001 onwards (with a new version issued in 2012). The competence of the European Economic Community countries to collaborate within the area of justice and security using international conventions as a tool became common in 1992, when the Treaty European Union came into force. However, this area of legislation became appealing only when the Treaty of Amsterdam came into force and enabled the primary and secondary legislation in the area of justice. After the Tampere conclusions were announced in 1999, the legislation in the civil procedure area became intensive. Meantime, all the legislation in the area of the European civil procedure has been based on the Article 81 of the Treaty of Functioning of the European Union and it can be described classifying it into the following four categories: yy Rules, governing the jurisdiction of the courts, as well as recognition and enforcement of court decisions in civil and commercial matters, as well as in parental matters. yy Civil procedure matters, which serve in preparation of civil cases, such as: service of judicial and extrajudicial documents, cooperation in the taking of evidence in civil or commercial matters. yy The creation of separate proceedings: Order for payment procedure, European Small Claims procedure, the European Enforcement Order as well as the European Account Preservation Order procedure. yy The unified regulation of certain legal institutes: insolvency proceedings, rules to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes as well as unified rules on certain aspects of mediation in civil and commercial matters. [.]

The creation of the European civil procedure rules could have started from the beginning of the European Economic Community, since the Article 220 of the Treaty of Rome (1958) established that Member States shall enter into negotiations with each other with the view to securing simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals and of arbitration awards. The first milestone in this area was the Brussels Convention, which entered into force in 1973 and successfully governed the area of recognition and enforcement of judgments across the European Union. The special feature of the Brussels Convention is the mechanism of enforcement, which was granted to it by the decision of the Member States to grant the power to interpret the Brussels Convention for the European Court of Justice. The Brussels Convention became the secondary EU legislation and it continued its existence as Brussels I regulation from 2001 onwards (with a new version issued in 2012). The competence of the European Economic Community countries to collaborate within the area of justice and security using international conventions as a tool became common in 1992, when the Treaty European Union came into force. However, this area of legislation became appealing only when the Treaty of Amsterdam came into force and enabled the primary and secondary legislation in the area of justice. After the Tampere conclusions were announced in 1999, the legislation in the civil procedure area became intensive. Meantime, all the legislation in the area of the European civil procedure has been based on the Article 81 of the Treaty of Functioning of the European Union and it can be described classifying it into the following four categories: yy Rules, governing the jurisdiction of the courts, as well as recognition and enforcement of court decisions in civil and commercial matters, as well as in parental matters. yy Civil procedure matters, which serve in preparation of civil cases, such as: service of judicial and extrajudicial documents, cooperation in the taking of evidence in civil or commercial matters. yy The creation of separate proceedings: Order for payment procedure, European Small Claims procedure, the European Enforcement Order as well as the European Account Preservation Order procedure. yy The unified regulation of certain legal institutes: insolvency proceedings, rules to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes as well as unified rules on certain aspects of mediation in civil and commercial matters. [.]

The main concepts used to explain the theme: The Shengen area – the territory of countries which have signed the Shengen Agreement. This area is special that its outer borders are preserved very carefully and control of inner borders of this area is abolished. The Shengen Agreement – agreement of some European Union countries about progressively declining of borders control because of realization people free moving. This Agreement was signed on 14 June in 1985 under initiative of Chancellor of Germany Helmut Kohl and the President of France Francois Mitterand by Belgium, Luxembourg, the Netherland, France and Federal Republic Germany in Shengen. Border guard, control and surveillance are a relevant topic in every country. It should be mentioned, that when the country has borders with other countries, it has created the policy, legal and institutional basis for the control and surveillance of its border that secures social, political, legal, economical, cultural and scientific interests of the citizens of that country. There are two border concepts in the European Union – internal and external borders. The co-operation of the member states, based on the integrated border management concept, is oriented to the common attempt to control and secure the external border carrying out various joint operations and projects. The analysis of the guidelines of cooperation of the EU member states in the field of external border surveillance and evaluation of the effectiveness of this cooperation is being carried out using the researches, Shengen acquis, the Treaty of Amsterdam, the Treaty of Rome, the Treaty of Lisbon, etc. ; Šengeno erdvėje nėra pasienio kontrolės prie vidaus sienų, todėl išorės sienos kontrolė yra ypač svarbi. Europos Sąjungos (toliau ES), Šengeno valstybėse narėse yra sukurtas ir naudojamas integruotas sienų saugumo modelis, apimantis tam tikras veiklos sritis (dimensijas), pavadintas keturiais filtrais. Panaikinus vidaus sienų kontrolę, laisvo asmenų judėjimo principas įgyvendinamas valstybių narių teritorijoje, tarp jų ir Lietuvos. Tai reiškia, kad Lietuvos sienų kontrolės lygis turi įtakos visos Šengeno erdvės saugumo užtikrinimui, todėl būtina nuolat taikyti įvairias priemones, tarp jų ir teisines, skirtas tobulinti integruotą sienų valdymą tiek Lietuvos, tiek ES mastu. Atsižvelgiant į tai, kad skirtingos valstybės narės turi garantuoti išorės sienų saugumą, galimi nacionalinių įstatymų ir administracinės praktikos skirtumai. Todėl aktualu išnagrinėti, kaip Lietuvoje praktiškai taikomas ES integruotas sienų saugumo modelis, koks yra jo teisinis reguliavimas, išskirti su sienų kontrole susijusių teisės aktų problemas ir pateikti siūlymus bei rekomendacijas joms spręsti.

First introduced by the Maastricht Treaty, and subsequently revised by the Amsterdam Treaty, European Union (EU) citizenship long remained an empty promise. Even if it did not offer much in terms of new rights at first, EU citizenship has now become a key element of the rising European polity. Recently, indeed, and thanks primarily to the European Court of Justice's (ECJ) case-law and its codification in Directive 2004/38/EC on the rights of movement and residence of EU citizens and their family, things have started to change. European citizenship is slowly becoming a direct source of rights outside the economic context. This academic master work explores the right of economically inactive EU citizens to move and reside freely within the territory of European Union. The main purpose of this work is to review the existing and potential extension as well as challenges to the principle of free movement of economically inactive EU citizens. Part I of this work highlights the principle of EU citizenship as an independent source of rights of economically inactive people. This part explores the material scope of free movement rights concentrating on the added value of Articles 17-18 EC: whether the new provisions introduce an autonomous and directly effective right to move and reside in a Member State; whether Article 17 and 18 change the law as it relates to 'wholly internal situations'; whether Articles 17 and 18 contribute to the creation of new substantive rights for EU nationals who are neither economically active nor economically self-sufficient; what are the limits and tendencies of these rights. It is also analyzed what the impact of the recent legal developments in the freedom of movement dimension, such as the ECJ case law and the new Directive 2004/38/EC, is. Part II focuses on the tension between freedom of movement for economically inactive people and the principle of social solidarity. Three categories of economically inactive people are examined, the first concerning access to social assistance for non-workers, the second concerning access to social or educational assistance for students, and the third concerning access to various kinds of job-seeker's allowance for persons seeking work. Here the principle of non-discrimination is highlighted as having huge impact to social rights of economically inactive EU citizens. Separate section is taken for the exploration of potentialities and limits of social citizenship.

First introduced by the Maastricht Treaty, and subsequently revised by the Amsterdam Treaty, European Union (EU) citizenship long remained an empty promise. Even if it did not offer much in terms of new rights at first, EU citizenship has now become a key element of the rising European polity. Recently, indeed, and thanks primarily to the European Court of Justice's (ECJ) case-law and its codification in Directive 2004/38/EC on the rights of movement and residence of EU citizens and their family, things have started to change. European citizenship is slowly becoming a direct source of rights outside the economic context. This academic master work explores the right of economically inactive EU citizens to move and reside freely within the territory of European Union. The main purpose of this work is to review the existing and potential extension as well as challenges to the principle of free movement of economically inactive EU citizens. Part I of this work highlights the principle of EU citizenship as an independent source of rights of economically inactive people. This part explores the material scope of free movement rights concentrating on the added value of Articles 17-18 EC: whether the new provisions introduce an autonomous and directly effective right to move and reside in a Member State; whether Article 17 and 18 change the law as it relates to 'wholly internal situations'; whether Articles 17 and 18 contribute to the creation of new substantive rights for EU nationals who are neither economically active nor economically self-sufficient; what are the limits and tendencies of these rights. It is also analyzed what the impact of the recent legal developments in the freedom of movement dimension, such as the ECJ case law and the new Directive 2004/38/EC, is. Part II focuses on the tension between freedom of movement for economically inactive people and the principle of social solidarity. Three categories of economically inactive people are examined, the first concerning access to social assistance for non-workers, the second concerning access to social or educational assistance for students, and the third concerning access to various kinds of job-seeker's allowance for persons seeking work. Here the principle of non-discrimination is highlighted as having huge impact to social rights of economically inactive EU citizens. Separate section is taken for the exploration of potentialities and limits of social citizenship.