Suchergebnisse

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.

Every state may face a bid for protection in embassies or consulates from persons looking for a shelter in dangerous situations to their lives and safety. Even though diplomatic asylum is more peculiar to Latin America region, no State is prevented from such seekers. Practical examples show that diplomatic asylum helped to safe thousands of people in countries where instability of governments exist, during wars or in situations where no other alternative of protection was available. Grant of diplomatic asylum is a problematic issue because it raises question which value should prevail: inviolability of premises or non interference into internal affairs, protection of human rights or sovereignty of State. This master thesis attempts to find out what is the current position of diplomatic asylum in the context of public international law and on what grounds it could be granted in embassies and consulates. For this aim, the thesis is focused on the evolution and main features of diplomatic asylum, on its relation with regional and universal international law instruments, on dominating positions to diplomatic asylum in the case law. International treaties, state practice and various positions of legal writers were analyzed in order to reveal grounds for granting diplomatic asylum. In the States where diplomatic asylum is recognized, it is granted according to the existing legal regulation. In the States where diplomatic asylum is not considered as legal institute, it is granted on humanitarian considerations in order to protect people. The thesis concludes that different attitudes to diplomatic asylum exist regarding international law. For a group of State it is an institute of regional international law while other states tolerate it purely on humanitarian considerations. Despite different approaches of diplomatic asylum in the international law, it can be a means to protect life or safety of a person.

Every state may face a bid for protection in embassies or consulates from persons looking for a shelter in dangerous situations to their lives and safety. Even though diplomatic asylum is more peculiar to Latin America region, no State is prevented from such seekers. Practical examples show that diplomatic asylum helped to safe thousands of people in countries where instability of governments exist, during wars or in situations where no other alternative of protection was available. Grant of diplomatic asylum is a problematic issue because it raises question which value should prevail: inviolability of premises or non interference into internal affairs, protection of human rights or sovereignty of State. This master thesis attempts to find out what is the current position of diplomatic asylum in the context of public international law and on what grounds it could be granted in embassies and consulates. For this aim, the thesis is focused on the evolution and main features of diplomatic asylum, on its relation with regional and universal international law instruments, on dominating positions to diplomatic asylum in the case law. International treaties, state practice and various positions of legal writers were analyzed in order to reveal grounds for granting diplomatic asylum. In the States where diplomatic asylum is recognized, it is granted according to the existing legal regulation. In the States where diplomatic asylum is not considered as legal institute, it is granted on humanitarian considerations in order to protect people. The thesis concludes that different attitudes to diplomatic asylum exist regarding international law. For a group of State it is an institute of regional international law while other states tolerate it purely on humanitarian considerations. Despite different approaches of diplomatic asylum in the international law, it can be a means to protect life or safety of a person.

This master thesis analises the dynamics of interpretation of law and public values balanse. Interpretation of law is an important process, because it is the process, where natural law is identified from a legal text. Interpretation of law differs from formal logical actions, because the structure of law includes legal principles and legal norms. Legal principles express certain public values. It is hard to define relation between law and public values, because legal theory doesn't have homologous conception of public values. Interpretation of law appeals to public values, but the perception of it is subjective at the first look, and it is rather hard to deny that statement. It determines confrontation between positive and natural law and that sets a task to define borders of law. But the law cannot be defined as a closed system, because the size of law is constantly changing. It is determined by various categories beyond the law. Law allows identifying itself by using categories that are formally beyond positive law. Law regulates conception of these categories in the area of law by elimination of subjectivity in its interpretation. Commonly critique is pointed to indetermination of legal interpretation process. Public values are a common category, which arise from the society and are evaluated, balanced, objectivised by law as ultima ratio implement regulation of social life. Obligation to do social justice induces judges to evaluate positive law. Backwardness in legislation in the sense of constantly changing social life precludes judge to state the unity of law form and content. Balancing of public values allows protecting underlying public values, which are identified from Constitution. Balancing of public values allows to retain legitimacy of law. In the works of legal positivists the emphasized risk to change regulation of legislator intention is not fairly reasoned. Author emphasizes in this master thesis that the analysis of recent legal practice verificates that law cannot be defined only as a legal text and that a wide-ranging judicial discretion does not determine high risk to emerge manipuliation of legal interpretation methods on subjective purposes, which sometimes coincide with objective purposes of state and society.

This master thesis analises the dynamics of interpretation of law and public values balanse. Interpretation of law is an important process, because it is the process, where natural law is identified from a legal text. Interpretation of law differs from formal logical actions, because the structure of law includes legal principles and legal norms. Legal principles express certain public values. It is hard to define relation between law and public values, because legal theory doesn't have homologous conception of public values. Interpretation of law appeals to public values, but the perception of it is subjective at the first look, and it is rather hard to deny that statement. It determines confrontation between positive and natural law and that sets a task to define borders of law. But the law cannot be defined as a closed system, because the size of law is constantly changing. It is determined by various categories beyond the law. Law allows identifying itself by using categories that are formally beyond positive law. Law regulates conception of these categories in the area of law by elimination of subjectivity in its interpretation. Commonly critique is pointed to indetermination of legal interpretation process. Public values are a common category, which arise from the society and are evaluated, balanced, objectivised by law as ultima ratio implement regulation of social life. Obligation to do social justice induces judges to evaluate positive law. Backwardness in legislation in the sense of constantly changing social life precludes judge to state the unity of law form and content. Balancing of public values allows protecting underlying public values, which are identified from Constitution. Balancing of public values allows to retain legitimacy of law. In the works of legal positivists the emphasized risk to change regulation of legislator intention is not fairly reasoned. Author emphasizes in this master thesis that the analysis of recent legal practice verificates that law cannot be defined only as a legal text and that a wide-ranging judicial discretion does not determine high risk to emerge manipuliation of legal interpretation methods on subjective purposes, which sometimes coincide with objective purposes of state and society.

Disputes between the employee (public servant) and the employer (state or municipal authority) are inevitable in the public sector. Cases concerning this issue are solved in the country's regional administrative courts and the Supreme Administrative Court of Lithuania. This master's thesis dealt with the disputes concerning the public servant dismissal and its problematic aspects, the complex legal regulation and its application to practice. Final goal of the thesis – to assess the assurance of the interests of public servants in the process of disputes concerning dismissal from the public service, as well as to reveal the problematic aspects of the solution process of these disputes. To achieve this goal, the following tasks were made: 1) discuss the types of dismissal from the public service; 2) analyze the basic laws relating to the dismissal of public servants; 3) evaluate the institutions and their participation in the disputes concerning the dismissal of public servants; 4) analyze the basic principles which are implemented settling disputes concerning the dismissal of public servants, as well as their implementation in case law; 5) identify the problematic aspects of dispute concerning the dismissal of public servant resolution. Work methods: Lithuanian and foreign scientific literature analysis, statistical data analysis, summary of legislation and case law analysis. The theoretical part of the thesis deals with the main theoretical concepts of dismissal of public servants – types of dismissal, dismissal legislation and the norms established in the law. The practical part of the thesis showcases the analysis of case law relating to the dismissal of public servants, as well as an empirical study – public servants questionnaire. The case law and questionnaire data analysis highlighted the problematic aspects of dispute resolution concerning the dismissal of public servants – complicated legal regulation and its uncertain application, complicated and unstable judicial practice, no pre-court settlement procedure for these type of disputes, lack of prohibitions to dismiss a certain public servant, an imbalance in the dismissal of public servant legal regulation and to the related guarantees, granting of payments and other rights and interests that should be implemented after a unfair dismissal of a public servant. The problems can be addressed and solved by adjusting the legal regulation, establishing a specified court for public service dispute resolution, applying the pre-court procedure for disputes concerning the dismissal of public servants, as well as including additional circumstances and prohibitions related to the dismissal of workers from the public service.

Disputes between the employee (public servant) and the employer (state or municipal authority) are inevitable in the public sector. Cases concerning this issue are solved in the country's regional administrative courts and the Supreme Administrative Court of Lithuania. This master's thesis dealt with the disputes concerning the public servant dismissal and its problematic aspects, the complex legal regulation and its application to practice. Final goal of the thesis – to assess the assurance of the interests of public servants in the process of disputes concerning dismissal from the public service, as well as to reveal the problematic aspects of the solution process of these disputes. To achieve this goal, the following tasks were made: 1) discuss the types of dismissal from the public service; 2) analyze the basic laws relating to the dismissal of public servants; 3) evaluate the institutions and their participation in the disputes concerning the dismissal of public servants; 4) analyze the basic principles which are implemented settling disputes concerning the dismissal of public servants, as well as their implementation in case law; 5) identify the problematic aspects of dispute concerning the dismissal of public servant resolution. Work methods: Lithuanian and foreign scientific literature analysis, statistical data analysis, summary of legislation and case law analysis. The theoretical part of the thesis deals with the main theoretical concepts of dismissal of public servants – types of dismissal, dismissal legislation and the norms established in the law. The practical part of the thesis showcases the analysis of case law relating to the dismissal of public servants, as well as an empirical study – public servants questionnaire. The case law and questionnaire data analysis highlighted the problematic aspects of dispute resolution concerning the dismissal of public servants – complicated legal regulation and its uncertain application, complicated and unstable judicial practice, no pre-court settlement procedure for these type of disputes, lack of prohibitions to dismiss a certain public servant, an imbalance in the dismissal of public servant legal regulation and to the related guarantees, granting of payments and other rights and interests that should be implemented after a unfair dismissal of a public servant. The problems can be addressed and solved by adjusting the legal regulation, establishing a specified court for public service dispute resolution, applying the pre-court procedure for disputes concerning the dismissal of public servants, as well as including additional circumstances and prohibitions related to the dismissal of workers from the public service.

This master thesis provides the analysis of protection of religious symbols as part of public policy and morality in trademark law and advertising law. The thesis consists of three parts. First part presents cohesion between religion, law and morality and relationship between morality and public policy. First part findings are: with regard to separation of state and church constitutional principle, religion can not directly affect secular law, however, religion can make influence to secular law over morals principles. Also public morality should be interpreted as part of public policy, because universal morality does not exist. So protection of religious symbols is a part of public policy in this master thesis context. Second part focuses on analysis of Lithuania Law on Advertising and Trademark law norms related with protection of religious symbols. Following the evaluation of Europe Union acts, other countries regulation and Lithuania laws travaux préparatoires, is concluded that protection of religious symbols is not separate ground of refusal trademarks registration or prohibition of advertising, but protection of religious symbols is part of public policy and morality as a ground of refusal trademark registration or prohibition of advertising. Third section focuses on the practice of Lithuania, international, European Union and other countries national court or authorities examining cases regarding refusal to register trademark or prohibition of advertising contrary to protection of religious symbols. In this part author reveals the main criteria to trademark or advertising examination and problem aspects of cohesion between protection of religious symbols and freedom of expression.