Suchergebnisse

Dissertation aims to empirically test the theoretical hypotheses raised by the first wave of scholarship in the field of transitional justice about the supposed benefits of transitional justice institutions. It focuses on the International Criminal Tribunal for Former Yugoslavia (ICTY) and attempts to trace the impact it may have had on societal reconciliation in Bosnia and Herzegovina (BiH). The analysis starts with defining and operationalizing the concept of reconciliation and continues with conceptualization of hypothetical causal mechanisms that could explain ICTYs impact. The mechanisms are tested with data gathered during 3 consecutive fieldworks in BiH (69 semi-structured interviews, archival analysis, participant observation, international organizations' and city administration's reports, etc.). Finally, alternative causal explanations, such as the possibility of spontaneous reconciliation occurring out of natural need to move on and rebuild a war-torn society and the possibility of reconciliation occurring due to international pressure to democratize are considered and empirically tested. It is concluded that ICTY exerted its influence via two interdependent causal mechanisms of horizontal and vertical trust building. Several scope conditions are identified that help to generalize the research conclusions to other cases. By proving the existence of such causal mechanisms and refuting the alternative causal explanations, ICTYs impact is confirmed and proven to have been necessary for reconciliation to occur in BiH.

Dissertation aims to empirically test the theoretical hypotheses raised by the first wave of scholarship in the field of transitional justice about the supposed benefits of transitional justice institutions. It focuses on the International Criminal Tribunal for Former Yugoslavia (ICTY) and attempts to trace the impact it may have had on societal reconciliation in Bosnia and Herzegovina (BiH). The analysis starts with defining and operationalizing the concept of reconciliation and continues with conceptualization of hypothetical causal mechanisms that could explain ICTYs impact. The mechanisms are tested with data gathered during 3 consecutive fieldworks in BiH (69 semi-structured interviews, archival analysis, participant observation, international organizations' and city administration's reports, etc.). Finally, alternative causal explanations, such as the possibility of spontaneous reconciliation occurring out of natural need to move on and rebuild a war-torn society and the possibility of reconciliation occurring due to international pressure to democratize are considered and empirically tested. It is concluded that ICTY exerted its influence via two interdependent causal mechanisms of horizontal and vertical trust building. Several scope conditions are identified that help to generalize the research conclusions to other cases. By proving the existence of such causal mechanisms and refuting the alternative causal explanations, ICTYs impact is confirmed and proven to have been necessary for reconciliation to occur in BiH.

Dissertation aims to empirically test the theoretical hypotheses raised by the first wave of scholarship in the field of transitional justice about the supposed benefits of transitional justice institutions. It focuses on the International Criminal Tribunal for Former Yugoslavia (ICTY) and attempts to trace the impact it may have had on societal reconciliation in Bosnia and Herzegovina (BiH). The analysis starts with defining and operationalizing the concept of reconciliation and continues with conceptualization of hypothetical causal mechanisms that could explain ICTYs impact. The mechanisms are tested with data gathered during 3 consecutive fieldworks in BiH (69 semi-structured interviews, archival analysis, participant observation, international organizations' and city administration's reports, etc.). Finally, alternative causal explanations, such as the possibility of spontaneous reconciliation occurring out of natural need to move on and rebuild a war-torn society and the possibility of reconciliation occurring due to international pressure to democratize are considered and empirically tested. It is concluded that ICTY exerted its influence via two interdependent causal mechanisms of horizontal and vertical trust building. Several scope conditions are identified that help to generalize the research conclusions to other cases. By proving the existence of such causal mechanisms and refuting the alternative causal explanations, ICTYs impact is confirmed and proven to have been necessary for reconciliation to occur in BiH.

Dissertation aims to empirically test the theoretical hypotheses raised by the first wave of scholarship in the field of transitional justice about the supposed benefits of transitional justice institutions. It focuses on the International Criminal Tribunal for Former Yugoslavia (ICTY) and attempts to trace the impact it may have had on societal reconciliation in Bosnia and Herzegovina (BiH). The analysis starts with defining and operationalizing the concept of reconciliation and continues with conceptualization of hypothetical causal mechanisms that could explain ICTYs impact. The mechanisms are tested with data gathered during 3 consecutive fieldworks in BiH (69 semi-structured interviews, archival analysis, participant observation, international organizations' and city administration's reports, etc.). Finally, alternative causal explanations, such as the possibility of spontaneous reconciliation occurring out of natural need to move on and rebuild a war-torn society and the possibility of reconciliation occurring due to international pressure to democratize are considered and empirically tested. It is concluded that ICTY exerted its influence via two interdependent causal mechanisms of horizontal and vertical trust building. Several scope conditions are identified that help to generalize the research conclusions to other cases. By proving the existence of such causal mechanisms and refuting the alternative causal explanations, ICTYs impact is confirmed and proven to have been necessary for reconciliation to occur in BiH.

The article deals with the problematic aspects of the extended confiscation. Having assessed the institute of the extended confiscation of property through its objectives and compliance with the fundamental principles of criminal law, the author argues that when a court is convinced that the property in question is acquired from a criminal offense and the third parties acquire property from the suspected or accused person directly or indirectly, for example through an intermediary, including cases where the offense was committed on their behalf or for their benefit, and the offender tries to prevent the confiscation of property, such property may be confiscated in accordance with the 72nd article of the Criminal Code of the Republic of Lithuania and not the article 723. At the same time, the author raises doubts about the quality of the ongoing legislation process. In the author's view, the legislative process today naturally raises a rhetorical question: what is its purpose – to increase the protection of human rights or to raise new threats to the same rights. Legal regulation of the extended confiscation of property shows that threats to human rights may arise not from the interpretation and practical application of the law but from the legislator itself. It should be emphasized that no other branch of law provides for such serious consequences as criminal law, and therefore, punishment can not be based solely on popular scientific publications or elementary journalistic research. The norms and principles enshrined in the Constitution and in the international law must be respected in the legislative process. All public life problems cannot be solved by criminal law alone.

The article deals with the problematic aspects of the extended confiscation. Having assessed the institute of the extended confiscation of property through its objectives and compliance with the fundamental principles of criminal law, the author argues that when a court is convinced that the property in question is acquired from a criminal offense and the third parties acquire property from the suspected or accused person directly or indirectly, for example through an intermediary, including cases where the offense was committed on their behalf or for their benefit, and the offender tries to prevent the confiscation of property, such property may be confiscated in accordance with the 72nd article of the Criminal Code of the Republic of Lithuania and not the article 723. At the same time, the author raises doubts about the quality of the ongoing legislation process. In the author's view, the legislative process today naturally raises a rhetorical question: what is its purpose – to increase the protection of human rights or to raise new threats to the same rights. Legal regulation of the extended confiscation of property shows that threats to human rights may arise not from the interpretation and practical application of the law but from the legislator itself. It should be emphasized that no other branch of law provides for such serious consequences as criminal law, and therefore, punishment can not be based solely on popular scientific publications or elementary journalistic research. The norms and principles enshrined in the Constitution and in the international law must be respected in the legislative process. All public life problems cannot be solved by criminal law alone.

This paper is analysing what "indirect discrimination" stands for; and if there is a possibility to differentiate the subjects of Labour Law; what are the criteria based on which the differentiated treatment of subjects of Labour Law can be justified; and what is the difference between "differentiation" and "indirect discrimination". By examining Lithuanian and European Union rules of Labour Law, it was aimed to provide the basis for determining indirect gender discrimination prohibition principles; furthermore, lay down assumptions for application of those principles in the field of wages - when concluding, implementing or ending a labour contract. Based on the leading case precedents of European Court of Justice, it has been attempted to clarify the characteristics of indirect discrimination. Attention has been paid to the ways of defending the violated rights of a person, who has experienced an indirect discrimination. This Master's paper has analysed if Lithuanian rules of Labour Law meet the requirements set out by the European Union rules of Labour Law, with regard to the implementation of indirect discrimination prohibition principle; key problems have been identified, and improvements suggested.

This paper is analysing what "indirect discrimination" stands for; and if there is a possibility to differentiate the subjects of Labour Law; what are the criteria based on which the differentiated treatment of subjects of Labour Law can be justified; and what is the difference between "differentiation" and "indirect discrimination". By examining Lithuanian and European Union rules of Labour Law, it was aimed to provide the basis for determining indirect gender discrimination prohibition principles; furthermore, lay down assumptions for application of those principles in the field of wages - when concluding, implementing or ending a labour contract. Based on the leading case precedents of European Court of Justice, it has been attempted to clarify the characteristics of indirect discrimination. Attention has been paid to the ways of defending the violated rights of a person, who has experienced an indirect discrimination. This Master's paper has analysed if Lithuanian rules of Labour Law meet the requirements set out by the European Union rules of Labour Law, with regard to the implementation of indirect discrimination prohibition principle; key problems have been identified, and improvements suggested.

This paper is analysing what "indirect discrimination" stands for; and if there is a possibility to differentiate the subjects of Labour Law; what are the criteria based on which the differentiated treatment of subjects of Labour Law can be justified; and what is the difference between "differentiation" and "indirect discrimination". By examining Lithuanian and European Union rules of Labour Law, it was aimed to provide the basis for determining indirect gender discrimination prohibition principles; furthermore, lay down assumptions for application of those principles in the field of wages - when concluding, implementing or ending a labour contract. Based on the leading case precedents of European Court of Justice, it has been attempted to clarify the characteristics of indirect discrimination. Attention has been paid to the ways of defending the violated rights of a person, who has experienced an indirect discrimination. This Master's paper has analysed if Lithuanian rules of Labour Law meet the requirements set out by the European Union rules of Labour Law, with regard to the implementation of indirect discrimination prohibition principle; key problems have been identified, and improvements suggested.

This paper is analysing what "indirect discrimination" stands for; and if there is a possibility to differentiate the subjects of Labour Law; what are the criteria based on which the differentiated treatment of subjects of Labour Law can be justified; and what is the difference between "differentiation" and "indirect discrimination". By examining Lithuanian and European Union rules of Labour Law, it was aimed to provide the basis for determining indirect gender discrimination prohibition principles; furthermore, lay down assumptions for application of those principles in the field of wages - when concluding, implementing or ending a labour contract. Based on the leading case precedents of European Court of Justice, it has been attempted to clarify the characteristics of indirect discrimination. Attention has been paid to the ways of defending the violated rights of a person, who has experienced an indirect discrimination. This Master's paper has analysed if Lithuanian rules of Labour Law meet the requirements set out by the European Union rules of Labour Law, with regard to the implementation of indirect discrimination prohibition principle; key problems have been identified, and improvements suggested.

Paper touch upon the problems of criminal policy in Lithuania after 1990. The author concentrates on two aspects of the problem: legislative criminal policy and practical criminal policy. 79 The author investigates the changes in present Penal code of Lithuania and their impact on the practical application of the laws by courts and other criminal justice institutions. The author describes the direction of major alterations of the laws and practical consequences of these changes. The author provides statistical material concerning application of penalties and other forms of sanctions. These data are being compared with the data in other European countries. The author makes conclusions concerning further development of criminal policy.

Paper touch upon the problems of criminal policy in Lithuania after 1990. The author concentrates on two aspects of the problem: legislative criminal policy and practical criminal policy. 79 The author investigates the changes in present Penal code of Lithuania and their impact on the practical application of the laws by courts and other criminal justice institutions. The author describes the direction of major alterations of the laws and practical consequences of these changes. The author provides statistical material concerning application of penalties and other forms of sanctions. These data are being compared with the data in other European countries. The author makes conclusions concerning further development of criminal policy.

This Master's thesis gives the analysis under the legislative norms of the EU and of the Member States regarding the protection of individuals against the discrimination in their employment relations. In addition, it covers the scope of the discrimination that is prohibited regarding the potential/current/dismissed employees, and examines what are the types and grounds of the discrimination with the historical overview of their development and with the underlining the exceptions in which case the discrimination is allowed. Furthermore, this research revises the effectiveness of the enforcement of the rights of the employees (disregarding their status) in the national bodies with the using of the administrative/judicial/conciliation procedures. Also, it states about the necessity of the improvement in the providing the general information to the injured employees regarding the access to the justice. As regarding measures, there is the variety of them, but mostly they do not ensure the appropriate redress to the injured individuals in the employment relations, according to this the research states about the usefulness of obligation of such kind of the punishment to the wrongdoer that should be in the obligatory compensation in the discrimination cases in the employment relations.

This Master's thesis gives the analysis under the legislative norms of the EU and of the Member States regarding the protection of individuals against the discrimination in their employment relations. In addition, it covers the scope of the discrimination that is prohibited regarding the potential/current/dismissed employees, and examines what are the types and grounds of the discrimination with the historical overview of their development and with the underlining the exceptions in which case the discrimination is allowed. Furthermore, this research revises the effectiveness of the enforcement of the rights of the employees (disregarding their status) in the national bodies with the using of the administrative/judicial/conciliation procedures. Also, it states about the necessity of the improvement in the providing the general information to the injured employees regarding the access to the justice. As regarding measures, there is the variety of them, but mostly they do not ensure the appropriate redress to the injured individuals in the employment relations, according to this the research states about the usefulness of obligation of such kind of the punishment to the wrongdoer that should be in the obligatory compensation in the discrimination cases in the employment relations.

The article analyses the character of the targeted financial sanctions as imposed by the United Nations and the European Union. The article portrays that United Nations and European Union institutions, the Court of Justice of the European Union and part of the scholars do not recognize the criminal character of the measures currently, and argues that in the context of the international human rights law these measures shall be considered of the criminal character.