After the Lisbon Treaty entered into force, energy policy was introduced as a new EU competence. The author analyzes, are there any possibilities to treat energy law as a separate branch of the national law. Legal acts regulating this policy area, and their scope are being overviewed, the issue of the separate regulation method of the energy law is being discussed.
After the Lisbon Treaty entered into force, energy policy was introduced as a new EU competence. The author analyzes, are there any possibilities to treat energy law as a separate branch of the national law. Legal acts regulating this policy area, and their scope are being overviewed, the issue of the separate regulation method of the energy law is being discussed.
After the Lisbon Treaty entered into force, energy policy was introduced as a new EU competence. The author analyzes, are there any possibilities to treat energy law as a separate branch of the national law. Legal acts regulating this policy area, and their scope are being overviewed, the issue of the separate regulation method of the energy law is being discussed.
After the Lisbon Treaty entered into force, energy policy was introduced as a new EU competence. The author analyzes, are there any possibilities to treat energy law as a separate branch of the national law. Legal acts regulating this policy area, and their scope are being overviewed, the issue of the separate regulation method of the energy law is being discussed.
In this work the author aspires to fully explore the importance of European Union law for the national criminal law. This is done by taking a closer look at the European Union law and how it is incorporated into national law. Author is analyzing different types of European Union legal acts and how they directly influence national and national criminal law. The first part of this paper is dedicated to the European Union legal acts types, their adoption procedures and how they influence Lithuanian legal system. It is analyzed how European Union law is influencing national legislation and the author mentions some aspects that should be taken into consideration when national law is being harmonized with European Union law requirements. In the second part of the work a direct look is taken at the primary and secondary European Union legal acts influence for the national criminal law system. Moreover, it is analyzed how European Union law is incorporated into national law and what influence it has. Finally, some of international conventions are reviewed, precisely the ones that have influence for national criminal law formation. In the final part of the paper particular institutes of national criminal law are examined. These are the institutes that are highly influenced by European Union legal acts, such as liability of natural an legal persons, stages in the commission of crime, aiding and abetting. The author analyses how European Union legal acts regarding the mentioned institutes are implemented in national criminal law. Besides, one of the most important European Union legal cooperation institutes is examined – the European Union arrest order. Its pros and cons are compared to previously adopted extradition mechanism.
In this work the author aspires to fully explore the importance of European Union law for the national criminal law. This is done by taking a closer look at the European Union law and how it is incorporated into national law. Author is analyzing different types of European Union legal acts and how they directly influence national and national criminal law. The first part of this paper is dedicated to the European Union legal acts types, their adoption procedures and how they influence Lithuanian legal system. It is analyzed how European Union law is influencing national legislation and the author mentions some aspects that should be taken into consideration when national law is being harmonized with European Union law requirements. In the second part of the work a direct look is taken at the primary and secondary European Union legal acts influence for the national criminal law system. Moreover, it is analyzed how European Union law is incorporated into national law and what influence it has. Finally, some of international conventions are reviewed, precisely the ones that have influence for national criminal law formation. In the final part of the paper particular institutes of national criminal law are examined. These are the institutes that are highly influenced by European Union legal acts, such as liability of natural an legal persons, stages in the commission of crime, aiding and abetting. The author analyses how European Union legal acts regarding the mentioned institutes are implemented in national criminal law. Besides, one of the most important European Union legal cooperation institutes is examined – the European Union arrest order. Its pros and cons are compared to previously adopted extradition mechanism.
In magistrate work an author is analyzing the core problems of concept of law. What is the law – the question that takes first place. While analyzing the first part of the work, the main concepts of law have been on main focus: natural law, positive law and legal realism. Investigation invokes the most famous law scientist from Lithuania and all over the world. Investigating and analyzing theory of Law operation. Law regulation and court judgments take the most important role in the work. Analyzing Nurnberg's Military Tribunal Statue, Civil Code of Lithuanian Republic, Criminal Code of Lithuanian Republic and other laws of Republic of Lithuania. Investigating important Court Rulings: Nurnberg's Military Tribunal Judgment, decisions of Lithuanian Constitutional Court, Supreme Court and other. In conclusion, the most important thing which we find in this investigation is that the understanding of core problems of concept of law can bring practical benefit for an everyday practical-lawyer.
In magistrate work an author is analyzing the core problems of concept of law. What is the law – the question that takes first place. While analyzing the first part of the work, the main concepts of law have been on main focus: natural law, positive law and legal realism. Investigation invokes the most famous law scientist from Lithuania and all over the world. Investigating and analyzing theory of Law operation. Law regulation and court judgments take the most important role in the work. Analyzing Nurnberg's Military Tribunal Statue, Civil Code of Lithuanian Republic, Criminal Code of Lithuanian Republic and other laws of Republic of Lithuania. Investigating important Court Rulings: Nurnberg's Military Tribunal Judgment, decisions of Lithuanian Constitutional Court, Supreme Court and other. In conclusion, the most important thing which we find in this investigation is that the understanding of core problems of concept of law can bring practical benefit for an everyday practical-lawyer.
In magistrate work an author is analyzing the core problems of concept of law. What is the law – the question that takes first place. While analyzing the first part of the work, the main concepts of law have been on main focus: natural law, positive law and legal realism. Investigation invokes the most famous law scientist from Lithuania and all over the world. Investigating and analyzing theory of Law operation. Law regulation and court judgments take the most important role in the work. Analyzing Nurnberg's Military Tribunal Statue, Civil Code of Lithuanian Republic, Criminal Code of Lithuanian Republic and other laws of Republic of Lithuania. Investigating important Court Rulings: Nurnberg's Military Tribunal Judgment, decisions of Lithuanian Constitutional Court, Supreme Court and other. In conclusion, the most important thing which we find in this investigation is that the understanding of core problems of concept of law can bring practical benefit for an everyday practical-lawyer.
In magistrate work an author is analyzing the core problems of concept of law. What is the law – the question that takes first place. While analyzing the first part of the work, the main concepts of law have been on main focus: natural law, positive law and legal realism. Investigation invokes the most famous law scientist from Lithuania and all over the world. Investigating and analyzing theory of Law operation. Law regulation and court judgments take the most important role in the work. Analyzing Nurnberg's Military Tribunal Statue, Civil Code of Lithuanian Republic, Criminal Code of Lithuanian Republic and other laws of Republic of Lithuania. Investigating important Court Rulings: Nurnberg's Military Tribunal Judgment, decisions of Lithuanian Constitutional Court, Supreme Court and other. In conclusion, the most important thing which we find in this investigation is that the understanding of core problems of concept of law can bring practical benefit for an everyday practical-lawyer.
The aim of this article is to find out why the Constitutional Court, while examining constitutional justice cases, formulating the provisions of the official constitutional doctrine and, finally, choosing a specific solution of the case, could or sometimes even should take into consideration soft law norms and the constitutional law development tendencies. The legal effects produced by the soft law was undeniably recognized in Garibaldi's case by the Court of Justice of European Union and the obligation for national courts implementing the EU law to pay attention to the EU's soft law norms was settled out. Most likely this obligation means that national courts have to prove that they are familiar with the appropriate soft law norms and after choosing their own solution meeting soft law norms or not, they should indicate the reasons of chosen different interpretation than recommended. It can be stated that the necessity to pay respect to the soft law in constitutional jurisprudence in appropriate cases is inevitable, if the Constitutional Court do not seek to isolate itself from European and international constitutional context. It is even more so, when there are no binding acts in the specific field of law. It goes without saying that the Constitutional Court would rely on such documents only if there will be no contradictions with the constitutional provisions and will correspond to the particularities of national legal system. Soft law can be perceived as the source of inspiration for judges examining constitutional justice cases and formulating constitutional doctrine and as the signpost for lawmaking subjects adopting binding acts. Sometimes soft law can help understand the complicated or unclear provisions of binding acts and foresee possible consequences, and sometimes it is the only legal act regulating some sort of relationships, especially when it concerns new challenges arising to the changing societies (such as technological progress that obviously will affect human rights and freedoms etc.). There is no reason to invent the new definitions pertinent to the constitutional justice case if they are enshrined in the legal act, even if it is soft, adopted by the competent institution of constitutional law. Soft law is often taken into consideration in the texts of constitutional judgments as a part of international context of the case, as explanatory documents of the notions or examined principles, as the strengthening piece of chosen reasoning and sometimes even as the part of interpretation of constitutional norms. The jurisprudence of Lithuanian, Latvian and Moldovan constitutional courts was analyzed in order to prove the expansion of the use of soft law and the necessity to continue to do so. The constitutional soft law regulates issues common to all the democratic states as it is based on universally recognized principles of democracy, the rule of law and protection of human rights. Adopted mostly by the European Commission "For the Democracy through Law" (known as Venice Commission) it proposes legal regulation and some solutions of the constitutional problems that are not adopted or implemented in the national legal system, but should be followed by all the states which have chosen the path of democracy. Therefore, it is not only possible, but sometimes it is necessaire to let the soft law guide. And as the constitutional soft law is based on the values that could be derived from almost all democratic constitution, the possibility that there could be contradiction with the national constitutional provision or that it could menace to the principle of the supremacy of the Constitution doesn't seem very plausible.
The aim of this article is to find out why the Constitutional Court, while examining constitutional justice cases, formulating the provisions of the official constitutional doctrine and, finally, choosing a specific solution of the case, could or sometimes even should take into consideration soft law norms and the constitutional law development tendencies. The legal effects produced by the soft law was undeniably recognized in Garibaldi's case by the Court of Justice of European Union and the obligation for national courts implementing the EU law to pay attention to the EU's soft law norms was settled out. Most likely this obligation means that national courts have to prove that they are familiar with the appropriate soft law norms and after choosing their own solution meeting soft law norms or not, they should indicate the reasons of chosen different interpretation than recommended. It can be stated that the necessity to pay respect to the soft law in constitutional jurisprudence in appropriate cases is inevitable, if the Constitutional Court do not seek to isolate itself from European and international constitutional context. It is even more so, when there are no binding acts in the specific field of law. It goes without saying that the Constitutional Court would rely on such documents only if there will be no contradictions with the constitutional provisions and will correspond to the particularities of national legal system. Soft law can be perceived as the source of inspiration for judges examining constitutional justice cases and formulating constitutional doctrine and as the signpost for lawmaking subjects adopting binding acts. Sometimes soft law can help understand the complicated or unclear provisions of binding acts and foresee possible consequences, and sometimes it is the only legal act regulating some sort of relationships, especially when it concerns new challenges arising to the changing societies (such as technological progress that obviously will affect human rights and freedoms etc.). There is no reason to invent the new definitions pertinent to the constitutional justice case if they are enshrined in the legal act, even if it is soft, adopted by the competent institution of constitutional law. Soft law is often taken into consideration in the texts of constitutional judgments as a part of international context of the case, as explanatory documents of the notions or examined principles, as the strengthening piece of chosen reasoning and sometimes even as the part of interpretation of constitutional norms. The jurisprudence of Lithuanian, Latvian and Moldovan constitutional courts was analyzed in order to prove the expansion of the use of soft law and the necessity to continue to do so. The constitutional soft law regulates issues common to all the democratic states as it is based on universally recognized principles of democracy, the rule of law and protection of human rights. Adopted mostly by the European Commission "For the Democracy through Law" (known as Venice Commission) it proposes legal regulation and some solutions of the constitutional problems that are not adopted or implemented in the national legal system, but should be followed by all the states which have chosen the path of democracy. Therefore, it is not only possible, but sometimes it is necessaire to let the soft law guide. And as the constitutional soft law is based on the values that could be derived from almost all democratic constitution, the possibility that there could be contradiction with the national constitutional provision or that it could menace to the principle of the supremacy of the Constitution doesn't seem very plausible.
The author conducted extensive comparative-legal research of shareholders' agreements in common and continental law jurisdictions. The author analyses the main approaches to the regulation of legal nature, restrictions, execution, classification, and disclosure of shareholders' agreements.The study was based on the doctrine, legislation, and case law of such jurisdictions as the UK, the USA, Germany, France, Lithuania, and Ukraine.
The author conducted extensive comparative-legal research of shareholders' agreements in common and continental law jurisdictions. The author analyses the main approaches to the regulation of legal nature, restrictions, execution, classification, and disclosure of shareholders' agreements.The study was based on the doctrine, legislation, and case law of such jurisdictions as the UK, the USA, Germany, France, Lithuania, and Ukraine.