Suchergebnisse

The shortcomings of the principles of direct and indirect effects, particularly in the context of enforcement of Directives, as outlined above, led the Court to develope a third and separate principe in Francovich, the principe of State liability. The Court held that where, as here, a State had failed to implement an EC Directive it would be obliged to compensate individuals for damage suffered as a result of its failure to implement the Directive if certain conditions were satisfied. That is, where: • The directive involved rights confered on individuals, • The content of those rights could be identified on the basis of the provisions of the Directive, and • There was a causal link between the State`s failure and the damage suffered by the persons affected. The Court`s reasoning was based on member States obligations to implement Directives under Article 249 (ex 189) and their general obligation under Article 10 (ex 5) of the EC Treaty to "take all appropriate measures. to ensure fulfilment of" their obligations under Community law. Questions were refered to Court of Justice for interpretation in Braserie/Factortame: a) the principe of State liability should not be confined to failure to implement EC Directives: it should attach to other failures to comply with Community law, including legislatives failures. b) A remedy under Francovich should be available whether or not there were other means by which Community rights might be enforced, that is, on the principles of direct or indirect effects. c) As regards the conditions for liability, apart from the three conditions laid down in Francovich, the principles of State liability should be brought into line with the principles governing the Community`s non-contractual liability under Article 288 (ex 215). A State should only be liable for "manifest and seriuos breaches" the content of the obligation breached must be clear and precise in every respect, or the NATIONAL authority`s interpretation "manifestly wrong". If the provision allegedly breached is not in itself clear and precise, the Court`s case law must have provided sufficient clarification as regards its meaning and scope in identical or similar situations. If these conditions are fulfilled there is no need to add a further criterion of fault in the subjective sense, requiring actual knowledge or a deliberate breach of EC law . The obligation to make reparation constitutes a fundamental principe of Community law, which is as fundamental as that of the primacy of Community law or direct effect. Like those two principles, the obligation on the State to make good the loss or damage caused to individuals by breach of Community law helps to ensure the full effectiveness of Community law throught effective judicial protection of the rights which individuals derive from the Community legal order. Indeed, the principe of State liability constitutes the necessary extension of the general principe of effective judicial protection or of the right to challenge a measure before the courts-, whose importance has been regularly underlined by the Court and whose scope has been constantly extended through its case-law. The acknowledgement of State liability seems to be the corollary of the mission – of the utmost importance – conferred on the supreme courts in the direct, immediate and effective protection of the rights which individuals derive from Community law. Usually the European Commision, the Court of Justice distinguish three types of infrigement cases: non communications, non conformity and incorrect application. The predominant political context of the implementation has changed to exclusively legal context after the accesion of Lithuania to the European Union. Since that time the European Commission has started supervision of the proper implementation and application of EU law in Lithuania with full effect of its powers provided in Articles 226 and 228 of the EC Treaty.

The shortcomings of the principles of direct and indirect effects, particularly in the context of enforcement of Directives, as outlined above, led the Court to develope a third and separate principe in Francovich, the principe of State liability. The Court held that where, as here, a State had failed to implement an EC Directive it would be obliged to compensate individuals for damage suffered as a result of its failure to implement the Directive if certain conditions were satisfied. That is, where: • The directive involved rights confered on individuals, • The content of those rights could be identified on the basis of the provisions of the Directive, and • There was a causal link between the State`s failure and the damage suffered by the persons affected. The Court`s reasoning was based on member States obligations to implement Directives under Article 249 (ex 189) and their general obligation under Article 10 (ex 5) of the EC Treaty to "take all appropriate measures. to ensure fulfilment of" their obligations under Community law. Questions were refered to Court of Justice for interpretation in Braserie/Factortame: a) the principe of State liability should not be confined to failure to implement EC Directives: it should attach to other failures to comply with Community law, including legislatives failures. b) A remedy under Francovich should be available whether or not there were other means by which Community rights might be enforced, that is, on the principles of direct or indirect effects. c) As regards the conditions for liability, apart from the three conditions laid down in Francovich, the principles of State liability should be brought into line with the principles governing the Community`s non-contractual liability under Article 288 (ex 215). A State should only be liable for "manifest and seriuos breaches" the content of the obligation breached must be clear and precise in every respect, or the NATIONAL authority`s interpretation "manifestly wrong". If the provision allegedly breached is not in itself clear and precise, the Court`s case law must have provided sufficient clarification as regards its meaning and scope in identical or similar situations. If these conditions are fulfilled there is no need to add a further criterion of fault in the subjective sense, requiring actual knowledge or a deliberate breach of EC law . The obligation to make reparation constitutes a fundamental principe of Community law, which is as fundamental as that of the primacy of Community law or direct effect. Like those two principles, the obligation on the State to make good the loss or damage caused to individuals by breach of Community law helps to ensure the full effectiveness of Community law throught effective judicial protection of the rights which individuals derive from the Community legal order. Indeed, the principe of State liability constitutes the necessary extension of the general principe of effective judicial protection or of the right to challenge a measure before the courts-, whose importance has been regularly underlined by the Court and whose scope has been constantly extended through its case-law. The acknowledgement of State liability seems to be the corollary of the mission – of the utmost importance – conferred on the supreme courts in the direct, immediate and effective protection of the rights which individuals derive from Community law. Usually the European Commision, the Court of Justice distinguish three types of infrigement cases: non communications, non conformity and incorrect application. The predominant political context of the implementation has changed to exclusively legal context after the accesion of Lithuania to the European Union. Since that time the European Commission has started supervision of the proper implementation and application of EU law in Lithuania with full effect of its powers provided in Articles 226 and 228 of the EC Treaty.

Topical Issues of International Space Law. An object of this research is the international space law and its relevant emerging problems. The first part of the work aims to describe the developments of international space law showing the circumstances of the time of the signature and the most important provisions. The second part of the work is designed for analysis of the legality of military activities or weaponization of space according to Outer Space Treaty. The unclear concepts are highlighted as causing problems. In the third part of the work author overviews the dangers of space debris and the legal problem of liability regime. The forth part focuses on legality and legal clarity of private space flights operated by private companies and liability regime. The fith part of the work analyses the legal problems of mining of natural resources in space according to Outer Space Treaty and Moon Agreement. At the end of the work the most important conclusions on research on the relevant problems in international space law are delivered. Author suggest few viable options on tackling these problems.

Topical Issues of International Space Law. An object of this research is the international space law and its relevant emerging problems. The first part of the work aims to describe the developments of international space law showing the circumstances of the time of the signature and the most important provisions. The second part of the work is designed for analysis of the legality of military activities or weaponization of space according to Outer Space Treaty. The unclear concepts are highlighted as causing problems. In the third part of the work author overviews the dangers of space debris and the legal problem of liability regime. The forth part focuses on legality and legal clarity of private space flights operated by private companies and liability regime. The fith part of the work analyses the legal problems of mining of natural resources in space according to Outer Space Treaty and Moon Agreement. At the end of the work the most important conclusions on research on the relevant problems in international space law are delivered. Author suggest few viable options on tackling these problems.

Topical Issues of International Space Law. An object of this research is the international space law and its relevant emerging problems. The first part of the work aims to describe the developments of international space law showing the circumstances of the time of the signature and the most important provisions. The second part of the work is designed for analysis of the legality of military activities or weaponization of space according to Outer Space Treaty. The unclear concepts are highlighted as causing problems. In the third part of the work author overviews the dangers of space debris and the legal problem of liability regime. The forth part focuses on legality and legal clarity of private space flights operated by private companies and liability regime. The fith part of the work analyses the legal problems of mining of natural resources in space according to Outer Space Treaty and Moon Agreement. At the end of the work the most important conclusions on research on the relevant problems in international space law are delivered. Author suggest few viable options on tackling these problems.

Topical Issues of International Space Law. An object of this research is the international space law and its relevant emerging problems. The first part of the work aims to describe the developments of international space law showing the circumstances of the time of the signature and the most important provisions. The second part of the work is designed for analysis of the legality of military activities or weaponization of space according to Outer Space Treaty. The unclear concepts are highlighted as causing problems. In the third part of the work author overviews the dangers of space debris and the legal problem of liability regime. The forth part focuses on legality and legal clarity of private space flights operated by private companies and liability regime. The fith part of the work analyses the legal problems of mining of natural resources in space according to Outer Space Treaty and Moon Agreement. At the end of the work the most important conclusions on research on the relevant problems in international space law are delivered. Author suggest few viable options on tackling these problems.

Problems of Tax Legal Liability The Master thesis "Problems of Tax Liability" is divided and examined for obligation of legal tax problems for its point of aspect, purpose, concept and rising problems thus continuing with ways of solution. For this thesis to be properly revealed a doctrine of law is being examined, Case law of Lithuanian Supreme Court, as well Court of Justice of The European Union's and the European Court of Human Rights, international documents and other legal acts. The first part of it reveals it is purpose, meaning and principles for which they are based on applying liability of Legal Tax. Signs of legal tax liability are being withdrawn and therefore analyzed for its regulated law perspective. To continue, main legal tax liability problems are being analyzed in its purpose and importance in every person for their own liberty of law and as well to ensure their legal interest's applying liability of legal tax. The second part of the thesis distinguishes separate problems of tax legal liability. The following problems are analyzed: application of the limitation period for tax liability; interpretation of tax laws; selection of sanctions for breaches of tax laws and application of the "non bis in idem principle"; the problem of the subjective side of tax liability; the problem of imposing economic sanctions as a means of enforcing liability for breaches of tax law; the fault of the taxpayer. The third part of the thesis provides an analysis of the development of tax legal liability problems before and after the restoration of Lithuania's independence. The problems that the legislature faced at those times, the social and economic situation of the State during different times and the State's impact on emerging liability issues are discussed. This part also analyses problem solving methods, peculiarities of tax reforms carried out by the State, future perspectives on tax liability and their impact.

Problems of Tax Legal Liability The Master thesis "Problems of Tax Liability" is divided and examined for obligation of legal tax problems for its point of aspect, purpose, concept and rising problems thus continuing with ways of solution. For this thesis to be properly revealed a doctrine of law is being examined, Case law of Lithuanian Supreme Court, as well Court of Justice of The European Union's and the European Court of Human Rights, international documents and other legal acts. The first part of it reveals it is purpose, meaning and principles for which they are based on applying liability of Legal Tax. Signs of legal tax liability are being withdrawn and therefore analyzed for its regulated law perspective. To continue, main legal tax liability problems are being analyzed in its purpose and importance in every person for their own liberty of law and as well to ensure their legal interest's applying liability of legal tax. The second part of the thesis distinguishes separate problems of tax legal liability. The following problems are analyzed: application of the limitation period for tax liability; interpretation of tax laws; selection of sanctions for breaches of tax laws and application of the "non bis in idem principle"; the problem of the subjective side of tax liability; the problem of imposing economic sanctions as a means of enforcing liability for breaches of tax law; the fault of the taxpayer. The third part of the thesis provides an analysis of the development of tax legal liability problems before and after the restoration of Lithuania's independence. The problems that the legislature faced at those times, the social and economic situation of the State during different times and the State's impact on emerging liability issues are discussed. This part also analyses problem solving methods, peculiarities of tax reforms carried out by the State, future perspectives on tax liability and their impact.

Problems of Tax Legal Liability The Master thesis "Problems of Tax Liability" is divided and examined for obligation of legal tax problems for its point of aspect, purpose, concept and rising problems thus continuing with ways of solution. For this thesis to be properly revealed a doctrine of law is being examined, Case law of Lithuanian Supreme Court, as well Court of Justice of The European Union's and the European Court of Human Rights, international documents and other legal acts. The first part of it reveals it is purpose, meaning and principles for which they are based on applying liability of Legal Tax. Signs of legal tax liability are being withdrawn and therefore analyzed for its regulated law perspective. To continue, main legal tax liability problems are being analyzed in its purpose and importance in every person for their own liberty of law and as well to ensure their legal interest's applying liability of legal tax. The second part of the thesis distinguishes separate problems of tax legal liability. The following problems are analyzed: application of the limitation period for tax liability; interpretation of tax laws; selection of sanctions for breaches of tax laws and application of the "non bis in idem principle"; the problem of the subjective side of tax liability; the problem of imposing economic sanctions as a means of enforcing liability for breaches of tax law; the fault of the taxpayer. The third part of the thesis provides an analysis of the development of tax legal liability problems before and after the restoration of Lithuania's independence. The problems that the legislature faced at those times, the social and economic situation of the State during different times and the State's impact on emerging liability issues are discussed. This part also analyses problem solving methods, peculiarities of tax reforms carried out by the State, future perspectives on tax liability and their impact.

Problems of Tax Legal Liability The Master thesis "Problems of Tax Liability" is divided and examined for obligation of legal tax problems for its point of aspect, purpose, concept and rising problems thus continuing with ways of solution. For this thesis to be properly revealed a doctrine of law is being examined, Case law of Lithuanian Supreme Court, as well Court of Justice of The European Union's and the European Court of Human Rights, international documents and other legal acts. The first part of it reveals it is purpose, meaning and principles for which they are based on applying liability of Legal Tax. Signs of legal tax liability are being withdrawn and therefore analyzed for its regulated law perspective. To continue, main legal tax liability problems are being analyzed in its purpose and importance in every person for their own liberty of law and as well to ensure their legal interest's applying liability of legal tax. The second part of the thesis distinguishes separate problems of tax legal liability. The following problems are analyzed: application of the limitation period for tax liability; interpretation of tax laws; selection of sanctions for breaches of tax laws and application of the "non bis in idem principle"; the problem of the subjective side of tax liability; the problem of imposing economic sanctions as a means of enforcing liability for breaches of tax law; the fault of the taxpayer. The third part of the thesis provides an analysis of the development of tax legal liability problems before and after the restoration of Lithuania's independence. The problems that the legislature faced at those times, the social and economic situation of the State during different times and the State's impact on emerging liability issues are discussed. This part also analyses problem solving methods, peculiarities of tax reforms carried out by the State, future perspectives on tax liability and their impact.

The work comprises the analysis of similarities and disparities in the field of disciplinary liability in both- the sphere of labour relations and the sphere of civil service. On the grounds of the current legislation- Labour code of the Republic of Lithuania (since the 1st of January 2003) and the Law on the Civil Service (since the year 1999)- this paper tries to draw a clear distinction between these two kinds of legal responsibilities. Otherwise, the other objective of this paper is to try to unveil the similar nature of two legal institutes mentioned above. The work consists of three main parts. The first one is devoted to theoretical legal backgrounds, while the third one is set for the practical application of disciplinary punishments. Afterwards, the ground of legal disciplinary liability is described in the second part of this paper. Some aspects in the field of special liability of specific servants are also mentioned. In conclusion, after reviewing it can be said that legal regulation of disciplinary responsibility of ordinary employees and public officials is almost the same but with some specialties in public sector.

The work comprises the analysis of similarities and disparities in the field of disciplinary liability in both- the sphere of labour relations and the sphere of civil service. On the grounds of the current legislation- Labour code of the Republic of Lithuania (since the 1st of January 2003) and the Law on the Civil Service (since the year 1999)- this paper tries to draw a clear distinction between these two kinds of legal responsibilities. Otherwise, the other objective of this paper is to try to unveil the similar nature of two legal institutes mentioned above. The work consists of three main parts. The first one is devoted to theoretical legal backgrounds, while the third one is set for the practical application of disciplinary punishments. Afterwards, the ground of legal disciplinary liability is described in the second part of this paper. Some aspects in the field of special liability of specific servants are also mentioned. In conclusion, after reviewing it can be said that legal regulation of disciplinary responsibility of ordinary employees and public officials is almost the same but with some specialties in public sector.

The work comprises the analysis of similarities and disparities in the field of disciplinary liability in both- the sphere of labour relations and the sphere of civil service. On the grounds of the current legislation- Labour code of the Republic of Lithuania (since the 1st of January 2003) and the Law on the Civil Service (since the year 1999)- this paper tries to draw a clear distinction between these two kinds of legal responsibilities. Otherwise, the other objective of this paper is to try to unveil the similar nature of two legal institutes mentioned above. The work consists of three main parts. The first one is devoted to theoretical legal backgrounds, while the third one is set for the practical application of disciplinary punishments. Afterwards, the ground of legal disciplinary liability is described in the second part of this paper. Some aspects in the field of special liability of specific servants are also mentioned. In conclusion, after reviewing it can be said that legal regulation of disciplinary responsibility of ordinary employees and public officials is almost the same but with some specialties in public sector.

The work comprises the analysis of similarities and disparities in the field of disciplinary liability in both- the sphere of labour relations and the sphere of civil service. On the grounds of the current legislation- Labour code of the Republic of Lithuania (since the 1st of January 2003) and the Law on the Civil Service (since the year 1999)- this paper tries to draw a clear distinction between these two kinds of legal responsibilities. Otherwise, the other objective of this paper is to try to unveil the similar nature of two legal institutes mentioned above. The work consists of three main parts. The first one is devoted to theoretical legal backgrounds, while the third one is set for the practical application of disciplinary punishments. Afterwards, the ground of legal disciplinary liability is described in the second part of this paper. Some aspects in the field of special liability of specific servants are also mentioned. In conclusion, after reviewing it can be said that legal regulation of disciplinary responsibility of ordinary employees and public officials is almost the same but with some specialties in public sector.

This paper addresses the concept of international trafficking in human beings in the international and EU legislation and reveals, how the concept had changed over time. It also analyses the evolution of the legal rule of trafficking in human beings, since its very adoption in the criminal law to the currently applicable legal rule, as well as assesses its compliance with the international and EU legal rule, and proposes certain improvements thereto. Objective and subjective characteristics of trafficking in human beings and characteristics constituting body of the crime, as provided for in Article 147 of the Criminal Code, are discussed in the second part of the analysis with a focus on recent changes to Article 147 of the Criminal Code. The author provides some insights into the difficulties related to application of the said legal rule and considers a few examples from the case-law. The last part of the thesis examines the connection of trafficking in human beings to other criminal offenses, namely, profiting from another person's prostitution, exploiting another person for forced labour or services, using another person's forced labour or services, etc. Lastly, the conclusions and suggestions for improvement of the regulatory framework are presented.