Suchergebnisse

The preliminary ruling procedure provided by Article 267 of the Treaty on the Functioning of the European Union is one of the forms of judicial cooperation between the courts of the Member States and the Court of Justice, which is intended to ensure the development of European Union law, verification of the validity of acts of the EU institutions and consistent interpretation and application of European Union law in all Member States. The aim of this master's thesis is to analyze in detail the elements of the preliminary ruling procedure and the changes and developments in this institute after the entry into force of the Treaty of Lisbon. After analysis of the case law of Court of Justice, current legal provisions and legal literature, it was concluded that after the entry into force of the Treaty of Lisbon, the extension of the jurisdiction of the Court of Justice has led to an increase in references from the courts of the Member States to the Court of Justice for a preliminary ruling, it shows the growing number of requests to the Court of Justice. Furthermore, the case law of the Court of Justice shows a less stringent and flexible application of the criteria, which exempt from the obligation to make a reference for a preliminary ruling. Although the Court of Justice tends to apply the criteria for exemptions from the obligation to make a reference to the Court of Justice more flexibly, at the same time the Court of Justice seeks to ensure effective implementation of EU law by obliging Member States to make references more frequently, when there is a high probability that the acte clair doctrine may be abused.

The preliminary ruling procedure provided by Article 267 of the Treaty on the Functioning of the European Union is one of the forms of judicial cooperation between the courts of the Member States and the Court of Justice, which is intended to ensure the development of European Union law, verification of the validity of acts of the EU institutions and consistent interpretation and application of European Union law in all Member States. The aim of this master's thesis is to analyze in detail the elements of the preliminary ruling procedure and the changes and developments in this institute after the entry into force of the Treaty of Lisbon. After analysis of the case law of Court of Justice, current legal provisions and legal literature, it was concluded that after the entry into force of the Treaty of Lisbon, the extension of the jurisdiction of the Court of Justice has led to an increase in references from the courts of the Member States to the Court of Justice for a preliminary ruling, it shows the growing number of requests to the Court of Justice. Furthermore, the case law of the Court of Justice shows a less stringent and flexible application of the criteria, which exempt from the obligation to make a reference for a preliminary ruling. Although the Court of Justice tends to apply the criteria for exemptions from the obligation to make a reference to the Court of Justice more flexibly, at the same time the Court of Justice seeks to ensure effective implementation of EU law by obliging Member States to make references more frequently, when there is a high probability that the acte clair doctrine may be abused.

The preliminary ruling procedure provided by Article 267 of the Treaty on the Functioning of the European Union is one of the forms of judicial cooperation between the courts of the Member States and the Court of Justice, which is intended to ensure the development of European Union law, verification of the validity of acts of the EU institutions and consistent interpretation and application of European Union law in all Member States. The aim of this master's thesis is to analyze in detail the elements of the preliminary ruling procedure and the changes and developments in this institute after the entry into force of the Treaty of Lisbon. After analysis of the case law of Court of Justice, current legal provisions and legal literature, it was concluded that after the entry into force of the Treaty of Lisbon, the extension of the jurisdiction of the Court of Justice has led to an increase in references from the courts of the Member States to the Court of Justice for a preliminary ruling, it shows the growing number of requests to the Court of Justice. Furthermore, the case law of the Court of Justice shows a less stringent and flexible application of the criteria, which exempt from the obligation to make a reference for a preliminary ruling. Although the Court of Justice tends to apply the criteria for exemptions from the obligation to make a reference to the Court of Justice more flexibly, at the same time the Court of Justice seeks to ensure effective implementation of EU law by obliging Member States to make references more frequently, when there is a high probability that the acte clair doctrine may be abused.

The preliminary ruling procedure provided by Article 267 of the Treaty on the Functioning of the European Union is one of the forms of judicial cooperation between the courts of the Member States and the Court of Justice, which is intended to ensure the development of European Union law, verification of the validity of acts of the EU institutions and consistent interpretation and application of European Union law in all Member States. The aim of this master's thesis is to analyze in detail the elements of the preliminary ruling procedure and the changes and developments in this institute after the entry into force of the Treaty of Lisbon. After analysis of the case law of Court of Justice, current legal provisions and legal literature, it was concluded that after the entry into force of the Treaty of Lisbon, the extension of the jurisdiction of the Court of Justice has led to an increase in references from the courts of the Member States to the Court of Justice for a preliminary ruling, it shows the growing number of requests to the Court of Justice. Furthermore, the case law of the Court of Justice shows a less stringent and flexible application of the criteria, which exempt from the obligation to make a reference for a preliminary ruling. Although the Court of Justice tends to apply the criteria for exemptions from the obligation to make a reference to the Court of Justice more flexibly, at the same time the Court of Justice seeks to ensure effective implementation of EU law by obliging Member States to make references more frequently, when there is a high probability that the acte clair doctrine may be abused.

European Union allow private persons, by means of judicial protection measures, to defend their rights, which they derive from EC law, directly before the European Court of Justice (i.e. ECJ) as well as indirectly through the preliminary reference procedure; therefore, these persons should take advantage of such privilege, whenever they need that. Accordingly, one of the main objectives of this master thesis is to help individuals to perceive in a better way a core nature of the preliminary rulings procedure and call their attention to the fact, that they, being parties at particular case, pending before a national court, have a possibility through the Art. 234 of EC Treaty to influence the decision of the national judge. This is because, the preliminary reference is not any longer only a mean of ensuring uniform interpretation and application of EC law throughout the Member States, but also it is an indirect opportunity for private persons to access the European courts for protecting their rights. Thus, after shortly describing the main points of the preliminary reference mechanism, the greatest attention in this thesis is paid to one of the most important functions of this procedure – protection of the rights of persons. In order to reveal more clearly a significance of the preliminary ruling in the context of securing the interests of private persons, this thesis contains important up to date ECJ cases and data about the practice of the Member States, while applying Art. 234 of EC Treaty. Comparison of the preliminary reference procedure with other judicial protection remedies, stipulated in the EC Treaty, will contribute to understanding why preliminary rulings are considered of being one of possibilities and usually the only one for private persons to defend their rights, which were unlawfully violated. National courts through the preliminary reference procedure play a major role in protecting the interests of private persons. This mechanism of interplay, which occurs between EJC and the Member States' courts on the ground of preliminary reference, means that in fact the direct protection of private persons' interests is executed at the national court, performing the ECJ an indirect role together. Therefore, this master thesis analysis as well the capabilities of private persons to ensure the proper compliance of obligations under Art. 234 of EC Treaty by the courts of Member States.

European Union allow private persons, by means of judicial protection measures, to defend their rights, which they derive from EC law, directly before the European Court of Justice (i.e. ECJ) as well as indirectly through the preliminary reference procedure; therefore, these persons should take advantage of such privilege, whenever they need that. Accordingly, one of the main objectives of this master thesis is to help individuals to perceive in a better way a core nature of the preliminary rulings procedure and call their attention to the fact, that they, being parties at particular case, pending before a national court, have a possibility through the Art. 234 of EC Treaty to influence the decision of the national judge. This is because, the preliminary reference is not any longer only a mean of ensuring uniform interpretation and application of EC law throughout the Member States, but also it is an indirect opportunity for private persons to access the European courts for protecting their rights. Thus, after shortly describing the main points of the preliminary reference mechanism, the greatest attention in this thesis is paid to one of the most important functions of this procedure – protection of the rights of persons. In order to reveal more clearly a significance of the preliminary ruling in the context of securing the interests of private persons, this thesis contains important up to date ECJ cases and data about the practice of the Member States, while applying Art. 234 of EC Treaty. Comparison of the preliminary reference procedure with other judicial protection remedies, stipulated in the EC Treaty, will contribute to understanding why preliminary rulings are considered of being one of possibilities and usually the only one for private persons to defend their rights, which were unlawfully violated. National courts through the preliminary reference procedure play a major role in protecting the interests of private persons. This mechanism of interplay, which occurs between EJC and the Member States' courts on the ground of preliminary reference, means that in fact the direct protection of private persons' interests is executed at the national court, performing the ECJ an indirect role together. Therefore, this master thesis analysis as well the capabilities of private persons to ensure the proper compliance of obligations under Art. 234 of EC Treaty by the courts of Member States.

European Union allow private persons, by means of judicial protection measures, to defend their rights, which they derive from EC law, directly before the European Court of Justice (i.e. ECJ) as well as indirectly through the preliminary reference procedure; therefore, these persons should take advantage of such privilege, whenever they need that. Accordingly, one of the main objectives of this master thesis is to help individuals to perceive in a better way a core nature of the preliminary rulings procedure and call their attention to the fact, that they, being parties at particular case, pending before a national court, have a possibility through the Art. 234 of EC Treaty to influence the decision of the national judge. This is because, the preliminary reference is not any longer only a mean of ensuring uniform interpretation and application of EC law throughout the Member States, but also it is an indirect opportunity for private persons to access the European courts for protecting their rights. Thus, after shortly describing the main points of the preliminary reference mechanism, the greatest attention in this thesis is paid to one of the most important functions of this procedure – protection of the rights of persons. In order to reveal more clearly a significance of the preliminary ruling in the context of securing the interests of private persons, this thesis contains important up to date ECJ cases and data about the practice of the Member States, while applying Art. 234 of EC Treaty. Comparison of the preliminary reference procedure with other judicial protection remedies, stipulated in the EC Treaty, will contribute to understanding why preliminary rulings are considered of being one of possibilities and usually the only one for private persons to defend their rights, which were unlawfully violated. National courts through the preliminary reference procedure play a major role in protecting the interests of private persons. This mechanism of interplay, which occurs between EJC and the Member States' courts on the ground of preliminary reference, means that in fact the direct protection of private persons' interests is executed at the national court, performing the ECJ an indirect role together. Therefore, this master thesis analysis as well the capabilities of private persons to ensure the proper compliance of obligations under Art. 234 of EC Treaty by the courts of Member States.

European Union allow private persons, by means of judicial protection measures, to defend their rights, which they derive from EC law, directly before the European Court of Justice (i.e. ECJ) as well as indirectly through the preliminary reference procedure; therefore, these persons should take advantage of such privilege, whenever they need that. Accordingly, one of the main objectives of this master thesis is to help individuals to perceive in a better way a core nature of the preliminary rulings procedure and call their attention to the fact, that they, being parties at particular case, pending before a national court, have a possibility through the Art. 234 of EC Treaty to influence the decision of the national judge. This is because, the preliminary reference is not any longer only a mean of ensuring uniform interpretation and application of EC law throughout the Member States, but also it is an indirect opportunity for private persons to access the European courts for protecting their rights. Thus, after shortly describing the main points of the preliminary reference mechanism, the greatest attention in this thesis is paid to one of the most important functions of this procedure – protection of the rights of persons. In order to reveal more clearly a significance of the preliminary ruling in the context of securing the interests of private persons, this thesis contains important up to date ECJ cases and data about the practice of the Member States, while applying Art. 234 of EC Treaty. Comparison of the preliminary reference procedure with other judicial protection remedies, stipulated in the EC Treaty, will contribute to understanding why preliminary rulings are considered of being one of possibilities and usually the only one for private persons to defend their rights, which were unlawfully violated. National courts through the preliminary reference procedure play a major role in protecting the interests of private persons. This mechanism of interplay, which occurs between EJC and the Member States' courts on the ground of preliminary reference, means that in fact the direct protection of private persons' interests is executed at the national court, performing the ECJ an indirect role together. Therefore, this master thesis analysis as well the capabilities of private persons to ensure the proper compliance of obligations under Art. 234 of EC Treaty by the courts of Member States.

The research analysis the protection of ethnic minority rights in Lithuania. Ethnic minority rights are a part of human rights therefore the whole analysis is based precisely on human rights. The law implementation of national minorities in Lithuania is analyzed based on national and international law acts. This analysis shows that the protection and implementation of ethnic minority rights is a relevant legal issue, largely influenced by the law of the European Union. This issue is regulated by adopting national and international law acts, however, as long as the transposition of the legal acts into the national law is not without flaws, the human rights in the field of ethnic minority right protection will be vulnerable to an improper implementation. In research ethnic minority conception is discussed, analyzing its historic aspect. It's also analyzes the constitutional status of ethnic minorities in a democratic society with reference to principle of equality in compare with prohibition of discrimination. Research analyzes an international regulation in the field of ethnic minority right protection, specifically the establishment of ethnic minority rights in the European Union legislation and in the frameworks of the United Nations. And also an ordinary legislative regulation in the field of ethnic minority right protection is discussed.

Limitations and Guarantees of an Employment Contract Cancellation SUMMARY One of the labor law functions is protective connected not only with preservation of labor relations but also a weaker entity-employee's security. A legislator fixes some limitations or guarantees to employees of particular categories. One of the labor law aims is to ensure employment security; therefore, this aim would not be met if provisions of contract law, whereby parties are free to fix terms of contract cancellation, were easily applied in labor law. Therefore, labor law calculates many protectors, which are connected with an employer's initiative to cancel an employment contract. Labor is an essential part of humans and society's activity that get into public relation domain, which can be divided into different sub-themes and become wide, inexhaustible theme. Therefore, preparing this work the most important point is to emphasize some separate institute aspects of limitations and guarantees of an employment contract cancellation, from where it is possible to decide about the scale of a problem and possibilities of juridical regulation and not to analyze all problems. Analysis of legislation, which fine-tunes institute implementation of limitations and guarantees of an employment contract cancellation, is realized at work while applying the system analysis, logic analysis, comparative, comparative historical, statistical and theological methods. In consideration of that, master work is being prepared with reference of Constitution of the Republic of Lithuania, Labor Code, Code of civil procedure, laws, bylaws, international provisions and provisions of the European Union legislations. Also, there are some references to scientific literature and jurisprudence in this thesis. Ma thesis consists of introduction and three body parts. There are formulated conclusions and given offers at the end of the work. The term of employment contract cancellation is briefly analyzed in the first part of the thesis analyzing the essential elements of this conception and significance in labor law. The conception of limitations and guarantees of an employment contract cancellation is given while analyzing their juridical origin. The second part of the thesis consists of limitation of an employment contract cancellation for juridical regulation. The limitation of an employment contract cancellation is analyzed within theoretical and practical possibilities of labor law implementation. The juridical regulation peculiarities of separate guarantees of an employment contract cancellation are analyzed in the third part. The author gives the most important aspects of juridical regulation, emphasizes the author's opinion, problematic questions and gives some suggestions while analyzing legal act, which fine-tunes implementation of different limitations and guarantees of an employment contract cancellation.

Limitations and Guarantees of an Employment Contract Cancellation SUMMARY One of the labor law functions is protective connected not only with preservation of labor relations but also a weaker entity-employee's security. A legislator fixes some limitations or guarantees to employees of particular categories. One of the labor law aims is to ensure employment security; therefore, this aim would not be met if provisions of contract law, whereby parties are free to fix terms of contract cancellation, were easily applied in labor law. Therefore, labor law calculates many protectors, which are connected with an employer's initiative to cancel an employment contract. Labor is an essential part of humans and society's activity that get into public relation domain, which can be divided into different sub-themes and become wide, inexhaustible theme. Therefore, preparing this work the most important point is to emphasize some separate institute aspects of limitations and guarantees of an employment contract cancellation, from where it is possible to decide about the scale of a problem and possibilities of juridical regulation and not to analyze all problems. Analysis of legislation, which fine-tunes institute implementation of limitations and guarantees of an employment contract cancellation, is realized at work while applying the system analysis, logic analysis, comparative, comparative historical, statistical and theological methods. In consideration of that, master work is being prepared with reference of Constitution of the Republic of Lithuania, Labor Code, Code of civil procedure, laws, bylaws, international provisions and provisions of the European Union legislations. Also, there are some references to scientific literature and jurisprudence in this thesis. Ma thesis consists of introduction and three body parts. There are formulated conclusions and given offers at the end of the work. The term of employment contract cancellation is briefly analyzed in the first part of the thesis analyzing the essential elements of this conception and significance in labor law. The conception of limitations and guarantees of an employment contract cancellation is given while analyzing their juridical origin. The second part of the thesis consists of limitation of an employment contract cancellation for juridical regulation. The limitation of an employment contract cancellation is analyzed within theoretical and practical possibilities of labor law implementation. The juridical regulation peculiarities of separate guarantees of an employment contract cancellation are analyzed in the third part. The author gives the most important aspects of juridical regulation, emphasizes the author's opinion, problematic questions and gives some suggestions while analyzing legal act, which fine-tunes implementation of different limitations and guarantees of an employment contract cancellation.

This master's thesis presents the concept of social partnership, the origins of its appearance and its development. With the reference to the case law, legislation in force and academic literature, principles regulating the relations of social partnership are discussed as well as their influence on work relations. Moreover, levels and forms of social partnership are presented. This final paper provides a consistent evolution of social partnership and its development in the European Union. By the analysis the European Union law, the status and the criteria of representativeness of European social partners, their functions and a gradual increase of impact on the legislative and social and economic policy in the European Union is discussed. Also, this paper introduces with the authorities responsible for the European social dialogue. A separate section of this thesis deals with the preconditions for the emergence and development of social dialogue in Lithuania, the legal status and role of social partners and dominant forms and levels of social partnership. Greater attention is paid to the problematic aspects of representation of workers and employers, the activities of the Tripartite Council and the promotion of social dialogue instruments. With the reference to the aspects of social partnership discussed in this paper and considering the current situation, some perspectives and suggestions for social dialogue in the European Union and Lithuania are given.

This master's thesis presents the concept of social partnership, the origins of its appearance and its development. With the reference to the case law, legislation in force and academic literature, principles regulating the relations of social partnership are discussed as well as their influence on work relations. Moreover, levels and forms of social partnership are presented. This final paper provides a consistent evolution of social partnership and its development in the European Union. By the analysis the European Union law, the status and the criteria of representativeness of European social partners, their functions and a gradual increase of impact on the legislative and social and economic policy in the European Union is discussed. Also, this paper introduces with the authorities responsible for the European social dialogue. A separate section of this thesis deals with the preconditions for the emergence and development of social dialogue in Lithuania, the legal status and role of social partners and dominant forms and levels of social partnership. Greater attention is paid to the problematic aspects of representation of workers and employers, the activities of the Tripartite Council and the promotion of social dialogue instruments. With the reference to the aspects of social partnership discussed in this paper and considering the current situation, some perspectives and suggestions for social dialogue in the European Union and Lithuania are given.

The article discloses in the Treaty of Function of European Union article 346 fixed exception and examines specific conditions, applicable for the implementation of this clause. The exclusion provides ability for the EU member states to depart from the mandatory application of European law for the procurement in defense area. Point of views to the application of this exclusion for defense area procurement are analyzed and disclosed – the view of the European Commission, European Court of Justice and procurement in defense area doctrine. Primary and secondary EU law contradictions, that concerns analyzed clause, are revealed and interpretations reasonableness problems, discovered in primary and secondary EU law, are disclosed. The main object of this article is to investigate European Commission point of view to the application of the exclusion fixed in TFEU clause 346 and conclude if this position is based on excess requirements, that burdens implementation of this exclusion and are not reasoned in primary European Union law and procurement in defense area doctrine. With reference to the purpose of this article, analysis based to up-to-date European Court of Justice Cases, European Union Commission softlaw and defense area procurement doctrine contradictions are provided and analyzed. Lastly, clauses, concerned to TFEU 346 article implementation and confirmed in European Court of Justice Cases are disclosed.

The article discloses in the Treaty of Function of European Union article 346 fixed exception and examines specific conditions, applicable for the implementation of this clause. The exclusion provides ability for the EU member states to depart from the mandatory application of European law for the procurement in defense area. Point of views to the application of this exclusion for defense area procurement are analyzed and disclosed – the view of the European Commission, European Court of Justice and procurement in defense area doctrine. Primary and secondary EU law contradictions, that concerns analyzed clause, are revealed and interpretations reasonableness problems, discovered in primary and secondary EU law, are disclosed. The main object of this article is to investigate European Commission point of view to the application of the exclusion fixed in TFEU clause 346 and conclude if this position is based on excess requirements, that burdens implementation of this exclusion and are not reasoned in primary European Union law and procurement in defense area doctrine. With reference to the purpose of this article, analysis based to up-to-date European Court of Justice Cases, European Union Commission softlaw and defense area procurement doctrine contradictions are provided and analyzed. Lastly, clauses, concerned to TFEU 346 article implementation and confirmed in European Court of Justice Cases are disclosed.