Suchergebnisse

Reform of the Lithuanian health system is a challenging process. The aim of this article is to assess the role of health managers in the process of health reform, evaluating the perception of health management and their training needs, as the possible determinants for the success of the reform. The results of several questionnaire surveys of Lithuanian health managers, particularly the one carried out in 2002 are used. The studies demonstrate great diversity in the conceptual understanding of health management, with prevailing rational and technical understanding. This might be associated with the rapid structural and organizational changes in the early stages of health reform and insufficient involvement of health managers in the planning and management of changes. General management, health policy, economic and law are considered as the most important study areas for health managers. The major lacking knowledge is in the subjects of law, economics and health financing. Health managers should act as mediators between politicians and health professionals. Enlargement of the area of competences, increasing autonomy in solving problems and meeting of the training needs of health managers is essential.

Reform of the Lithuanian health system is a challenging process. The aim of this article is to assess the role of health managers in the process of health reform, evaluating the perception of health management and their training needs, as the possible determinants for the success of the reform. The results of several questionnaire surveys of Lithuanian health managers, particularly the one carried out in 2002 are used. The studies demonstrate great diversity in the conceptual understanding of health management, with prevailing rational and technical understanding. This might be associated with the rapid structural and organizational changes in the early stages of health reform and insufficient involvement of health managers in the planning and management of changes. General management, health policy, economic and law are considered as the most important study areas for health managers. The major lacking knowledge is in the subjects of law, economics and health financing. Health managers should act as mediators between politicians and health professionals. Enlargement of the area of competences, increasing autonomy in solving problems and meeting of the training needs of health managers is essential.

The Constitution of the Republic of Lithuania was approved in the Referendum on 25 October 1992. It consolidated the doctrine of constitutional review and its practical form – the Constitutional Court of the Republic of Lithuania. The foundation of the Constitutional Court and its already developed practical activities stimulate to evaluate more thoroughly the place and role of this institution in the state's system of law. Such an aim is predetermined by an undoubtedly active work of the Constitutional Court in the process of the creation of Lithuanian law. The co-ordination of the inner relations in the organisation of the Lithuanian state is directly linked up with a dynamic development of law; however, while creating Lithuanian law one faces up with a lot of theoretical and practical problems. These processes determine some discrepancies of an objective and subjective character. One of them is the conformity of the laws and the norms of substatutory legal acts with the Constitution. The rulings of the Constitutional Court, evaluating the correspondence of legal norms with the Constitution, always cause legal social consequences. In the cases when a legal norm is recognised to be not in compliance with the Constitution, there appear real legal consequences - this legal norm becomes eliminated from a legal system, i.e., it can not be applied any more. In this and the other case, i.e. when legality of a legal norm is not negated, the arguments as well as motives of the ruling passed by the Constitutional Court may also be evaluated by the aspect of legal sources. Thus, it is obvious that the acts of the Constitutional Court – no matter how they might be estimated within the system of legal sources – are a real legal phenomenon, the more comprehensive scientific survey which will help to evaluate the problems of the creation of law in Lithuania in a broader legal panorama. According to the author's opinion, the most important and decisive role of the acts of the Constitutional Court is that they constantly underline the fundamental principle of the superiority of the Constitution. It is very important especially now when Lithuanian law is being formed. These acts are also important in the political process as they compose preconditions for avoiding more acute conflicts, and settling political disputes on the bases of the Constitution. Legal positions which are formed by the Constitutional Court in its rulings are often not new ones, they are known in comparative law. However, in one way or another, they are important especially now, when the formation of law often goes on spontaneously as well as contradictory. Here are some such legal positions: a law or a substatutory act can not be used retroactively; substatutory legal acts can not overstep the boundaries of the functioning of laws; in the system of legal norms there can not be such legal norms which would contradict or negate each other; the general aim of a law has to correspond to the content of norms of a law. These are only some legal positions which are also being examined in this article.

The Constitution of the Republic of Lithuania was approved in the Referendum on 25 October 1992. It consolidated the doctrine of constitutional review and its practical form – the Constitutional Court of the Republic of Lithuania. The foundation of the Constitutional Court and its already developed practical activities stimulate to evaluate more thoroughly the place and role of this institution in the state's system of law. Such an aim is predetermined by an undoubtedly active work of the Constitutional Court in the process of the creation of Lithuanian law. The co-ordination of the inner relations in the organisation of the Lithuanian state is directly linked up with a dynamic development of law; however, while creating Lithuanian law one faces up with a lot of theoretical and practical problems. These processes determine some discrepancies of an objective and subjective character. One of them is the conformity of the laws and the norms of substatutory legal acts with the Constitution. The rulings of the Constitutional Court, evaluating the correspondence of legal norms with the Constitution, always cause legal social consequences. In the cases when a legal norm is recognised to be not in compliance with the Constitution, there appear real legal consequences - this legal norm becomes eliminated from a legal system, i.e., it can not be applied any more. In this and the other case, i.e. when legality of a legal norm is not negated, the arguments as well as motives of the ruling passed by the Constitutional Court may also be evaluated by the aspect of legal sources. Thus, it is obvious that the acts of the Constitutional Court – no matter how they might be estimated within the system of legal sources – are a real legal phenomenon, the more comprehensive scientific survey which will help to evaluate the problems of the creation of law in Lithuania in a broader legal panorama. According to the author's opinion, the most important and decisive role of the acts of the Constitutional Court is that they constantly underline the fundamental principle of the superiority of the Constitution. It is very important especially now when Lithuanian law is being formed. These acts are also important in the political process as they compose preconditions for avoiding more acute conflicts, and settling political disputes on the bases of the Constitution. Legal positions which are formed by the Constitutional Court in its rulings are often not new ones, they are known in comparative law. However, in one way or another, they are important especially now, when the formation of law often goes on spontaneously as well as contradictory. Here are some such legal positions: a law or a substatutory act can not be used retroactively; substatutory legal acts can not overstep the boundaries of the functioning of laws; in the system of legal norms there can not be such legal norms which would contradict or negate each other; the general aim of a law has to correspond to the content of norms of a law. These are only some legal positions which are also being examined in this article.

The reconstruction of public administration is one of the most important structural tasks. Decentralization through Self- government is the most advanced form of the enforcement of public administration. However, it is not a sufficient reorganization undertaking. For decentralization to be efficiently implemented, certain general conditions should be met. One of them is a deep reconstruction of t he central government administration, which in its present form is not correlated with a new political structure of the State, its new tasks and with a new position of Government (as set forth in the Constitutional Act of 17 October 1992). Besides, there exists a need to provide for a smooth course of, and correlation between, the making of politics by the Government and the functioning of the administrative apparatus. In such a context, a new conception of creating districts (powiaty) as a new unit of territorial division and self-governmental authority seems premature. It needs to be added that the position of a district in the draft Law is not unequivocal. In particular, it is not clear to what extent the district bodies are to represent the district community, and to what extent they will only be the executors of certain tasks set forth in the Law. ; Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016

The author concentrates on the creative and codifying role of the state concerning certain genres of speech. Types of text generated by the state are called here 'state controlled genres'. It is a general term describing the genres which exist and function within the activity of the state – literary genres, journalism, public relations, admin-istration, law, political discourse, parliamentary debates. These genres fall outside descriptions of existing typologies. The following elements of state that influence the various genres of the text are taken into consideration: administration (parliament, state departments, offices; ex-amples: constitution, laws, expose, applications), diplomacy (international contacts: letters of credence, aide-memoires) and media (president, prime minister, ministers, members of parliament, spokesmen; examples: orations, proclamations, briefings, rectifications). State controlled genres are one of the elements of language (on the genetic level) which are essential for the identity of the contemporary homo politicus society.

Lithuanian lawyers allot more and more attention to the analysis of the constitutional status of the Constitutional Court of the Republic of Lithuania. Those examinations reveal the problems of formation of the doctrines of constitutional justice as well as the perspectives of improvement of the activities of the Constitutional Court. And it is not accidental that scientists' attention towards the Constitutional Court increases. While studying urgent problems regarding implementation of the Constitution of the Republic of Lithuania one may reveal not only the development of constitutional justice but also more general laws of the Lithuanian constitutional system. However, one cannot leave unmentioned that not enough attention is paid to legal phenomena of the Lithuania between two World Wars, and, to be more precise, to development of the doctrine of constitutional review. Politically and legally acknowledging the continuity of the Republic of Lithuania, it is impossible not to look back at the past and not to appreciate those phenomena which influenced the concept of the now functioning Constitutional Court.One of those phenomena was the Statutory Court of Klaipėda region. The Law on the establishment of that institution was promulgated on 13 March 1935. True, while evaluating the legal status of the Statutory Court, one cannot avoid confronting a more general problem, i.e. the urgent issues of the interaction between the Constitution of the Republic of Lithuania and the Statute of Klaipėda region. In this context one may consider differently the legal origin of the Statutory Court, however, in all cases one has to underline that for the first time in the history of Lithuania a possibility was created to examine the lawfulness of a legal act. The Statutory Court had to determine if legal acts of the Republic of Lithuania and those of the institutions of Klaipėda region were in conformity with the Statute of Klaipėda region. The author assents to the conclusion made by Lithuanian scientists between two World Wars that the Statute of Klaipėda region was a constituent part of the Lithuanian constitutional system. With regard to this there are preconditions to assert that the assessment of legal acts concerning their compliance with the Statute was the constitutional problem of these acts as well. Thus, when examining the urgent problems of constitutionality, one has to take into account that already in the Lithuania between two World Wars there were legal phenomena which were approaching the conception of traditional constitutional justice. Due to political reasons the Statutory Court did not really start functioning. However, passing of the Law on the Statutory Court and the conception of the Court formulated therein meant that in Lithuania of that time the question of constitutionality of legal acts was already urgent.

Lithuanian lawyers allot more and more attention to the analysis of the constitutional status of the Constitutional Court of the Republic of Lithuania. Those examinations reveal the problems of formation of the doctrines of constitutional justice as well as the perspectives of improvement of the activities of the Constitutional Court. And it is not accidental that scientists' attention towards the Constitutional Court increases. While studying urgent problems regarding implementation of the Constitution of the Republic of Lithuania one may reveal not only the development of constitutional justice but also more general laws of the Lithuanian constitutional system. However, one cannot leave unmentioned that not enough attention is paid to legal phenomena of the Lithuania between two World Wars, and, to be more precise, to development of the doctrine of constitutional review. Politically and legally acknowledging the continuity of the Republic of Lithuania, it is impossible not to look back at the past and not to appreciate those phenomena which influenced the concept of the now functioning Constitutional Court.One of those phenomena was the Statutory Court of Klaipėda region. The Law on the establishment of that institution was promulgated on 13 March 1935. True, while evaluating the legal status of the Statutory Court, one cannot avoid confronting a more general problem, i.e. the urgent issues of the interaction between the Constitution of the Republic of Lithuania and the Statute of Klaipėda region. In this context one may consider differently the legal origin of the Statutory Court, however, in all cases one has to underline that for the first time in the history of Lithuania a possibility was created to examine the lawfulness of a legal act. The Statutory Court had to determine if legal acts of the Republic of Lithuania and those of the institutions of Klaipėda region were in conformity with the Statute of Klaipėda region. The author assents to the conclusion made by Lithuanian scientists between two World Wars that the Statute of Klaipėda region was a constituent part of the Lithuanian constitutional system. With regard to this there are preconditions to assert that the assessment of legal acts concerning their compliance with the Statute was the constitutional problem of these acts as well. Thus, when examining the urgent problems of constitutionality, one has to take into account that already in the Lithuania between two World Wars there were legal phenomena which were approaching the conception of traditional constitutional justice. Due to political reasons the Statutory Court did not really start functioning. However, passing of the Law on the Statutory Court and the conception of the Court formulated therein meant that in Lithuania of that time the question of constitutionality of legal acts was already urgent.