European Union laws frequently replace, change, or complement national laws. This has prompted domestic interest groups to promote their cases more readily before EU institutions, naturally, also 'taking' the attention of social science with them. However, while the analysis of EU level interest groups receives a fair amount of attention, there is a surprising lack of studies on national interest groups. The objective of this article is to analyze the present status of scientific literature on the Lithuanian business interest associations and prove that it is still of crucial importance to analyze the Lithuanian business interest associations on the national level. Moreover, the article presents partial findings received from the Lithuanian business interst associations' survey which was carried out in the period 2007–2009 by the author of the present article and during which 112 Lithuanian business interest associations were investigated. The conclusions presented in the final part of the article suggest new insights and aspects for further research into business interest associations on the national level.
European Union laws frequently replace, change, or complement national laws. This has prompted domestic interest groups to promote their cases more readily before EU institutions, naturally, also 'taking' the attention of social science with them. However, while the analysis of EU level interest groups receives a fair amount of attention, there is a surprising lack of studies on national interest groups. The objective of this article is to analyze the present status of scientific literature on the Lithuanian business interest associations and prove that it is still of crucial importance to analyze the Lithuanian business interest associations on the national level. Moreover, the article presents partial findings received from the Lithuanian business interst associations' survey which was carried out in the period 2007–2009 by the author of the present article and during which 112 Lithuanian business interest associations were investigated. The conclusions presented in the final part of the article suggest new insights and aspects for further research into business interest associations on the national level.
In the paper there is analysed representation of employers and employees in the sense of association freedom principle. This issue is important because of representation institute which is of special importance, in addition, it is a new subject in the labour law of the Republic of Lithuania. In the first part of the paper there are analyzed essence and purpose of representation in labour law as well as conception of freedom of association, its content and interaction of these legal phenomena. It is concluded that freedom of association assumes representation of labour law subjects in case of collective labour relations which can be represented by trade union and its organizations following the labour law of the Republic of Lithuania. Employers are represented by employer organizations, their corporations, federations and confederations. The second part of the paper introduces legal status of employee representatives. Trade union is the main organization which represents the rights of employees. This organization is entitled to represent as well as to protect employees interests following the legislation of the Republic of Lithuania. Activities of labour boards as employee representatives are much more narrower than these of trade unions – it is limited by representation of interests of employees employed in companies, institutions or organisations. To labour boards there isn't applied the principle of freedom of associations. In case the law foresees an alternative to enter a trade union operating in a company, institution or organisation or to form a labour board, we could talk about "negative" aspects of the association freedom content. The third part of the paper is devoted for revealing legal regulation of representation. It is concluded that establishment and activities of employer organisations as subjects of collective labour relations aren't regulated by a separate law – the organisations are usually established and operate on the basis of the common Law on Associations. Acquisition of employer organisation status is related to objectives and tasks formed in the Articles of Association, where target function of such organisations is reflected – representation of employers maintaining legal labour relations, participation in social partnership organising collective negotiations, etc. It is also determined that full prohibition of lockout as an aspect of freedom of association guaranteed to employers by international documents contradicts international obligations undertaken by Lithuania, and in such a way unreasonably narrows the possibility of employers and their organisations to fully implement freedom of association. In the fourth part there are analysed international documents certifying the possibility of limiting freedom of association in regard to certain category of persons. It is concluded that peculiarities of freedom of association is strengthened by publishers of Lithuanian legislation – limitations in regard to police and national defence contradict international obligations of Lithuania.
In the paper there is analysed representation of employers and employees in the sense of association freedom principle. This issue is important because of representation institute which is of special importance, in addition, it is a new subject in the labour law of the Republic of Lithuania. In the first part of the paper there are analyzed essence and purpose of representation in labour law as well as conception of freedom of association, its content and interaction of these legal phenomena. It is concluded that freedom of association assumes representation of labour law subjects in case of collective labour relations which can be represented by trade union and its organizations following the labour law of the Republic of Lithuania. Employers are represented by employer organizations, their corporations, federations and confederations. The second part of the paper introduces legal status of employee representatives. Trade union is the main organization which represents the rights of employees. This organization is entitled to represent as well as to protect employees interests following the legislation of the Republic of Lithuania. Activities of labour boards as employee representatives are much more narrower than these of trade unions – it is limited by representation of interests of employees employed in companies, institutions or organisations. To labour boards there isn't applied the principle of freedom of associations. In case the law foresees an alternative to enter a trade union operating in a company, institution or organisation or to form a labour board, we could talk about "negative" aspects of the association freedom content. The third part of the paper is devoted for revealing legal regulation of representation. It is concluded that establishment and activities of employer organisations as subjects of collective labour relations aren't regulated by a separate law – the organisations are usually established and operate on the basis of the common Law on Associations. Acquisition of employer organisation status is related to objectives and tasks formed in the Articles of Association, where target function of such organisations is reflected – representation of employers maintaining legal labour relations, participation in social partnership organising collective negotiations, etc. It is also determined that full prohibition of lockout as an aspect of freedom of association guaranteed to employers by international documents contradicts international obligations undertaken by Lithuania, and in such a way unreasonably narrows the possibility of employers and their organisations to fully implement freedom of association. In the fourth part there are analysed international documents certifying the possibility of limiting freedom of association in regard to certain category of persons. It is concluded that peculiarities of freedom of association is strengthened by publishers of Lithuanian legislation – limitations in regard to police and national defence contradict international obligations of Lithuania.
Summary The theme of this work is the principle of freedom of association and the representation of employers and employees. The purpose of this work is to analyse the legal regulation, doctrine, case law on the principal of freedom of association and representation of employers and employees, to clarify the gaps of the legislation of Lithuania. On the base of the experience of the foreign countries, outlining its tendencies in Europe and in Lithuania, and presenting the possible reasonable manners of its resolution. The national laws of Lithuania, which regulate the principle of freedom of association and the organisations of employers and employees, correspond to the stipulation of the international legislation. Despite that, the principle of freedom of association in practice is not duly executed in Lithuania. It can be observed the trade unions' pluralism, but the density in the trade unions is only decreasing of late years. The employers organizations are inclined to negotiate with Government of the Republic of Lithuania and do not initiate the bipartite agreements as well as the trade unions. It shall be indicated the problem of legal status of the employers' organization – there is no special law, regulating the activities of the employers' organizations in Lithuania. The competence of the employers' organizations shall obligatorily be determined in the Articles of Association. The labour council was established by law in Lithuania as a new subject of the representation of employees. The labour council, as a counterbalance to the trade unions, shall be able to fulfil the existing gap of the representation of employees. It is a common practise in Lithuania when there is no trade union established in the company, then employees can be represented by the labour council. To a European extent, the European labour councils are establishing very expeditiously. Nowadays exist 76 European labour councils in Lithuania.
Summary The theme of this work is the principle of freedom of association and the representation of employers and employees. The purpose of this work is to analyse the legal regulation, doctrine, case law on the principal of freedom of association and representation of employers and employees, to clarify the gaps of the legislation of Lithuania. On the base of the experience of the foreign countries, outlining its tendencies in Europe and in Lithuania, and presenting the possible reasonable manners of its resolution. The national laws of Lithuania, which regulate the principle of freedom of association and the organisations of employers and employees, correspond to the stipulation of the international legislation. Despite that, the principle of freedom of association in practice is not duly executed in Lithuania. It can be observed the trade unions' pluralism, but the density in the trade unions is only decreasing of late years. The employers organizations are inclined to negotiate with Government of the Republic of Lithuania and do not initiate the bipartite agreements as well as the trade unions. It shall be indicated the problem of legal status of the employers' organization – there is no special law, regulating the activities of the employers' organizations in Lithuania. The competence of the employers' organizations shall obligatorily be determined in the Articles of Association. The labour council was established by law in Lithuania as a new subject of the representation of employees. The labour council, as a counterbalance to the trade unions, shall be able to fulfil the existing gap of the representation of employees. It is a common practise in Lithuania when there is no trade union established in the company, then employees can be represented by the labour council. To a European extent, the European labour councils are establishing very expeditiously. Nowadays exist 76 European labour councils in Lithuania.
ZUSAMMENFASSUNG Die Gesellschaftsformen der Europäischen Union: Probleme und Perspektiven In der vorliegenden Arbeit werden die Gesellschaftsformen der Europäischen Union, die für sie gesetzten Ziele und eingeführte oder noch geplante Regelungen dieser Formen behandelt. Es wird auch analysiert, ob die Regelungen der Gesellschaftsformen deren Zielen entsprechen. Ausserdem wird die im EU-Primärrecht verankerte Niederlassungsfreiheit, die Grenzen der Niederlassungsfreiheit und deren Verhältnis zu den Gesellschaftsformen der Europäischen Union behandelt. Der erste Teil der Arbeit befasst sich mit der im EU-Primärrecht verankerten Niederlassungsfreiheit für Gesellschaften. Es werden auch heutige Grenzen der Niederlassungsfreiheit auf Grund der Rechtsprechung des Europäischen Gerichtshofes festgestellt. Ausserdem wird das Verhältnis zwischen der Niederlassungsfreiheit und den Gesellschaftsformen der Europäischen Union dargestellt. Im zweiten Teil der Arbeit werden folgende, schon vorhandene Gesellschaftsformen der Europäischen Union analysiert: Die Europäische Wirtschaftliche Interessenvereinigung (EWIV), die Europäische Gesellschaft (SE) und die Europäische Genossenschaft (SCE). Es wird kurz auf die historische Entwicklung dieser Formen hingewiesen, dann befasst man sich mit der Feststellung der Ziele, die für die einzelnen Gesellschaftsformen gesetzt sind und mit der Regelungsanalyse der einzelnen Gesellschaftsformen. Es werden auch die größten Probleme bezüglich dieser Gesellschaftsformen klargemacht und die möglichen Optionen zur Lösung dieser Probleme vorgestellt. Der dritte Teil der Arbeit untersucht folgende geplante Gesellschaftsformen der Europäischen Union und deren geplante Regelung: die Europäische Privatgesellschaft (SPE), die Europäische Stiftung (EF), der Europäische Verein (EA) und die Europäische Gegenseitigkeitsgesellschaft (ME). In diesem Teil wird die Regelung der geplanten Gesellschaftsformen der Europäischen Union im Bezug auf die gesetzten Ziele beurteilt und mögliche Zukunftsperspektiven der geplanten und schon vorhandenen Gesellschaftsformen dargestellt. Am Ende der Arbeit werden Schlussfolgerungen zu den in der Arbeit gesetzten Zielen und Aufgaben vorgelegt.
ZUSAMMENFASSUNG Die Gesellschaftsformen der Europäischen Union: Probleme und Perspektiven In der vorliegenden Arbeit werden die Gesellschaftsformen der Europäischen Union, die für sie gesetzten Ziele und eingeführte oder noch geplante Regelungen dieser Formen behandelt. Es wird auch analysiert, ob die Regelungen der Gesellschaftsformen deren Zielen entsprechen. Ausserdem wird die im EU-Primärrecht verankerte Niederlassungsfreiheit, die Grenzen der Niederlassungsfreiheit und deren Verhältnis zu den Gesellschaftsformen der Europäischen Union behandelt. Der erste Teil der Arbeit befasst sich mit der im EU-Primärrecht verankerten Niederlassungsfreiheit für Gesellschaften. Es werden auch heutige Grenzen der Niederlassungsfreiheit auf Grund der Rechtsprechung des Europäischen Gerichtshofes festgestellt. Ausserdem wird das Verhältnis zwischen der Niederlassungsfreiheit und den Gesellschaftsformen der Europäischen Union dargestellt. Im zweiten Teil der Arbeit werden folgende, schon vorhandene Gesellschaftsformen der Europäischen Union analysiert: Die Europäische Wirtschaftliche Interessenvereinigung (EWIV), die Europäische Gesellschaft (SE) und die Europäische Genossenschaft (SCE). Es wird kurz auf die historische Entwicklung dieser Formen hingewiesen, dann befasst man sich mit der Feststellung der Ziele, die für die einzelnen Gesellschaftsformen gesetzt sind und mit der Regelungsanalyse der einzelnen Gesellschaftsformen. Es werden auch die größten Probleme bezüglich dieser Gesellschaftsformen klargemacht und die möglichen Optionen zur Lösung dieser Probleme vorgestellt. Der dritte Teil der Arbeit untersucht folgende geplante Gesellschaftsformen der Europäischen Union und deren geplante Regelung: die Europäische Privatgesellschaft (SPE), die Europäische Stiftung (EF), der Europäische Verein (EA) und die Europäische Gegenseitigkeitsgesellschaft (ME). In diesem Teil wird die Regelung der geplanten Gesellschaftsformen der Europäischen Union im Bezug auf die gesetzten Ziele beurteilt und mögliche Zukunftsperspektiven der geplanten und schon vorhandenen Gesellschaftsformen dargestellt. Am Ende der Arbeit werden Schlussfolgerungen zu den in der Arbeit gesetzten Zielen und Aufgaben vorgelegt.
The aim of Master's work is to analyze and evaluate the juridical adjustment of the meetings, entertainment, associations and the press by the theoretical and practical aspects. Chronological range - 1918 - 1940 year – is the independent Lithuania state lifetime. The first part of the work includes the parliamentary term, when the country created and developed the human rights, according to the national law. The second part of the work intended to analyze the authoritarian regulations in national law and eventually in the Constitution. In the third part I analyze the impact to the liberties of the state of emergency through all the inter-war period. During the parliamentary period the press, association and entertainment and meetings have been regulated by the relevant laws. Authorities were trying to create a legal means to defend human rights within the limits of the law to granted constitutional guarantees. Although the constitution declared the liberty of the press, meetings, association and entertainment, the legal regulation of these areas were established by law. When the country has entrenched the authoritarian presidential position the press, meetings, association and entertainment has been regulated by the new laws, which allowed the citizens to use their constitutional rights and freedoms only with appropriate permits from the government representatives or officials. Were denied the opportunity to defend citizen's rights and the constitutional guarantees dependent on government policies. Each Constitution of Lithuania indicated the state of emergency. It meant the introduction and the suspension of the citizens' rights and freedoms. Some efforts were made to minimize the control of the press, associations, meetings and entertainment liberties. When the country has entrenched the authoritarian presidential position determinate the strength of the military and administrative pressure to the press, association, meetings and entertainments.
The aim of Master's work is to analyze and evaluate the juridical adjustment of the meetings, entertainment, associations and the press by the theoretical and practical aspects. Chronological range - 1918 - 1940 year – is the independent Lithuania state lifetime. The first part of the work includes the parliamentary term, when the country created and developed the human rights, according to the national law. The second part of the work intended to analyze the authoritarian regulations in national law and eventually in the Constitution. In the third part I analyze the impact to the liberties of the state of emergency through all the inter-war period. During the parliamentary period the press, association and entertainment and meetings have been regulated by the relevant laws. Authorities were trying to create a legal means to defend human rights within the limits of the law to granted constitutional guarantees. Although the constitution declared the liberty of the press, meetings, association and entertainment, the legal regulation of these areas were established by law. When the country has entrenched the authoritarian presidential position the press, meetings, association and entertainment has been regulated by the new laws, which allowed the citizens to use their constitutional rights and freedoms only with appropriate permits from the government representatives or officials. Were denied the opportunity to defend citizen's rights and the constitutional guarantees dependent on government policies. Each Constitution of Lithuania indicated the state of emergency. It meant the introduction and the suspension of the citizens' rights and freedoms. Some efforts were made to minimize the control of the press, associations, meetings and entertainment liberties. When the country has entrenched the authoritarian presidential position determinate the strength of the military and administrative pressure to the press, association, meetings and entertainments.
In this master study "Lithuania association of local authorities juridical condition fundamentals and its practical and comparative aspects" student presents a phenomenon of establishment of Lithuania municipality association (LMA), accredited law acts and an activity of LMA administration. So far there are no published any researching material about LMA structure. More information may be found on a weekly magazine "Savivaldybių žinios" which presents more news and problems of municipalities. Therefore this study is the first step in researching interesting and active LMA activity. Study authoress reviews historical facts of LMA establishment, compares the activity of similar associations abroad. Moreover authoress presents lawsuits that became precedents in juridical practice which are related with municipalities or LMA. Special status worth LMA is established not according to legislation of associations, but according to legislation of Seimas of the Republic of Lithuania "Due to the main rules of municipalities association" (1995.03.28 No. I-833). Such attitude of the authorities strengthened representation of local self-government in region and central policy. A huge support was granted to LMA from Europe local and region authority congress in Strasbourg in 2001 may 31. References of Strasbourg congress sustained local government institutions that full and exclusive authority must be given and this authority cannot be canceled or limited by central or region government institutions (validated Europe local authority charter). All these facts allows to conclude that establishment of LMA was necessary in strengthening the performance of local authority, also in strengthening equal relationships, representation and contribution to Lithuania central government which not always legally protected and defended local authority.
In this master study "Lithuania association of local authorities juridical condition fundamentals and its practical and comparative aspects" student presents a phenomenon of establishment of Lithuania municipality association (LMA), accredited law acts and an activity of LMA administration. So far there are no published any researching material about LMA structure. More information may be found on a weekly magazine "Savivaldybių žinios" which presents more news and problems of municipalities. Therefore this study is the first step in researching interesting and active LMA activity. Study authoress reviews historical facts of LMA establishment, compares the activity of similar associations abroad. Moreover authoress presents lawsuits that became precedents in juridical practice which are related with municipalities or LMA. Special status worth LMA is established not according to legislation of associations, but according to legislation of Seimas of the Republic of Lithuania "Due to the main rules of municipalities association" (1995.03.28 No. I-833). Such attitude of the authorities strengthened representation of local self-government in region and central policy. A huge support was granted to LMA from Europe local and region authority congress in Strasbourg in 2001 may 31. References of Strasbourg congress sustained local government institutions that full and exclusive authority must be given and this authority cannot be canceled or limited by central or region government institutions (validated Europe local authority charter). All these facts allows to conclude that establishment of LMA was necessary in strengthening the performance of local authority, also in strengthening equal relationships, representation and contribution to Lithuania central government which not always legally protected and defended local authority.
In this master study "Lithuania association of local authorities juridical condition fundamentals and its practical and comparative aspects" student presents a phenomenon of establishment of Lithuania municipality association (LMA), accredited law acts and an activity of LMA administration. So far there are no published any researching material about LMA structure. More information may be found on a weekly magazine "Savivaldybių žinios" which presents more news and problems of municipalities. Therefore this study is the first step in researching interesting and active LMA activity. Study authoress reviews historical facts of LMA establishment, compares the activity of similar associations abroad. Moreover authoress presents lawsuits that became precedents in juridical practice which are related with municipalities or LMA. Special status worth LMA is established not according to legislation of associations, but according to legislation of Seimas of the Republic of Lithuania "Due to the main rules of municipalities association" (1995.03.28 No. I-833). Such attitude of the authorities strengthened representation of local self-government in region and central policy. A huge support was granted to LMA from Europe local and region authority congress in Strasbourg in 2001 may 31. References of Strasbourg congress sustained local government institutions that full and exclusive authority must be given and this authority cannot be canceled or limited by central or region government institutions (validated Europe local authority charter). All these facts allows to conclude that establishment of LMA was necessary in strengthening the performance of local authority, also in strengthening equal relationships, representation and contribution to Lithuania central government which not always legally protected and defended local authority.
In this master study "Lithuania association of local authorities juridical condition fundamentals and its practical and comparative aspects" student presents a phenomenon of establishment of Lithuania municipality association (LMA), accredited law acts and an activity of LMA administration. So far there are no published any researching material about LMA structure. More information may be found on a weekly magazine "Savivaldybių žinios" which presents more news and problems of municipalities. Therefore this study is the first step in researching interesting and active LMA activity. Study authoress reviews historical facts of LMA establishment, compares the activity of similar associations abroad. Moreover authoress presents lawsuits that became precedents in juridical practice which are related with municipalities or LMA. Special status worth LMA is established not according to legislation of associations, but according to legislation of Seimas of the Republic of Lithuania "Due to the main rules of municipalities association" (1995.03.28 No. I-833). Such attitude of the authorities strengthened representation of local self-government in region and central policy. A huge support was granted to LMA from Europe local and region authority congress in Strasbourg in 2001 may 31. References of Strasbourg congress sustained local government institutions that full and exclusive authority must be given and this authority cannot be canceled or limited by central or region government institutions (validated Europe local authority charter). All these facts allows to conclude that establishment of LMA was necessary in strengthening the performance of local authority, also in strengthening equal relationships, representation and contribution to Lithuania central government which not always legally protected and defended local authority.
The second half of the 19th century is related to 1pskr.11 movements in different countries. During this period many Lithuanians left their homeland. The fact that Lithuania was situated between Russia and Germany facilitated their emigration. The largest number of Lithuanians migrated to the USA (1pskr.1 from the ports of Germany and Liepaja). The emigration of Lithuanians to America is a rather widely discussed topic. There are numerous historical sources about their social, cultural, political and everyday life beyond the Atlantic ocean. However, we should not forget that the U.S.A. was not the only place Lithuanians migrated to. As the railway lines were built, communication with the neighbour states became more convenient, therefore, Lithuanians moved to industrial Latvian cities, such as Riga, Liepaja and Jelgava, seeking job as at that time Lithuania was still an underdeveloped agrarian country. The biggest number of Lithuanians gathered in Riga – the centre of the governorate of Livland at that time, where local ethnic minorities had quite good opportunities to 1pskr.1 themselves in culture and education. Having these conditions Lithuanians began to form groups, which later became large fellowships with prominent representatives, active movement and merits to both Latvia and Lithuania. At present there is a lack of thorough researches about the activity of Lithuanian fellowships in Latvia. Nevertheless, a few researches were made by both Latvian and Lithuanian researchers. However, they only discussed life of Lithuanians in 1pskr.11n general but did not 1pskr.1 education and culture. For this reason in my research I focus on educational and cultural activity of Lithuanian fellowships in Riga from the end of 19th until the first half of 20th century. What concerns Lithuanian imigrants and the activity of their fellowships in Riga, first of all we have to find out the reasons why Lithuanians migrated to this seaport of Russian empire; what were political and economical conditions in the governorates of Kaunas, Kuršas and Livland and later in the republics of Lithuania and Latvia; what were the reasons of such choice; why Lithuanians were able to 1pskr.1 themselves more actively in Riga than in Lithuania. It is important to find out what motivated Lithuanians to establish fellowships and what was the nature of their activity. To summarize the research, it can be said that the first features of socio-cultural activity of Lithuanian fellowships in Riga were noticeable in the end of 19th century. With the help of fellowships Lithuanians cultivated Lithuanian culture through education, press and participated in politics.
