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Energetikos teisės vieta teisės sistemoje ; Energy law in a system of law
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.
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Energetikos teisės vieta teisės sistemoje ; Energy law in a system of law
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.
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Energetikos teisės vieta teisės sistemoje ; Energy law in a system of law
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.
BASE
Energetikos teisės vieta teisės sistemoje ; Energy law in a system of law
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.
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Shareholders' Agreements in Company Law of Continental Law and Common Law Countries ; Akcininkų sutartis kontinentinės teisės ir bendrosios teisės valstybių bendrovių teisėje
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.
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Shareholders' Agreements in Company Law of Continental Law and Common Law Countries ; Akcininkų sutartis kontinentinės teisės ir bendrosios teisės valstybių bendrovių teisėje
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.
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Impactul dreptului internațional asupra constituțiilor naționale
In: Studii Europene, Heft 1, S. 43-54
The internationalization of national constitutions includes an eventual unification of constitutional rules deemed necessary to intensify international relations. So, in a broader way it is invoked the impact of international law and international relations on constitutional law. The result of the internationalization of national rights is a progressive harmonization of concepts and legal rules. In the current state of international law, constitutions' internationalization corresponds a concrete impact of international law on constitutional norms. The current trend of constitutions is to regulate in a more accurate and comprehensive way the relations between the state and international law. International law does not require any particular form of the conclusion of international treaties. In intensification of international relations, international conventions and integration of states in international organizations, the Parliament carries important consequences for both on normative function and the control function. Such legislative activity is guided by international treaties concluded by the state. While the executive and the legislative are involved in the development of international law, the jurisdictional power intervenes to reconcile domestic and international legal norms. States do not devote supremacy of international law over their constitution. Because international treaties to be part of the national legal order is not enough that the procedure for concluding treaties to be respected. It is also necessary that treaties do not contravene fundamental state constitutional principles of human rights and the relationship between public authorities. The control of international treaties' constitutionality can be mandatory or optional. In the process of ratification of the treaty on EU European constitutional courts tend to create a similar design to establish the limits of European integration. In reality, the issue of constitutionality of international treaties control is a political issue and it is difficult to apply legal principles purely political matters. There are three categories of states in the aspect of national courts on constitutional regularity control concluding treaties.
Perspectivele de dezvoltare a dreptului european al contractelor
In: Studii Europene, Heft 1, S. 17-36
Development perspectives of the European Law of Contracts arise from the Press Releases of the European Parliament, the Union Council and the European Commission. The necessity to develop the European Law of Contracts is determined by the objectives of the Common Market, by the amplification of the commercial relations inside the EU, by the abstract and selective regulation of the contracts in the Treaty on European Union, in the EU Regulations and Directives, as well as by the divergences of contracts in national legislations of Member States.
Statul de drept - o problemă permanent actuală
In: Studii Europene, Heft 2, S. 61-71
Such famous jurists as H. Kelsen, J. Chevallier, Giorgio del Vecchio, A. Hauriou, Mircea Djuvara, François Rigaux, Ion Deleanu, Tudor Drăganu etc. expressed their views on the principles of the rule of law, which persisted for several centuries. The rule of law is never a perfect reality and no country can claim to have achieved perfection, because the rule of law is not obtained easily, it is the joint effort of the state authorities, civil society, and all the citizens. José Manuel Durão Barroso stated that "The rule of law is the cornerstone of the European Union, there is no true democracy without the rule of law and without democracy the rule of law is just an instrument in the hand of the rulers". While the European Commissioner for Justice, Viviane Reding stated that "In parallel to the economic and financial crisis, we also have been confronted on several occasions with a true "rule of law" crisis. At the beginning of April 2014, in Innsbruck (Austria), was held the academic conference entitled "Strengthening the rule of law in Europe - from a common concept to mechanisms of implementation". On April 21, 2014, the European Parliament noted, according to Article 49 of the EU Treaty, Moldova, Ukraine and Georgia, as any European country can apply to become a member of the European Union, given that they realize the principles of democracy, the fundamentals of freedom, human and minority rights and ensure the rule of law. Thus, achieving the rule of law in Moldova was and will be a permanent and current task in the coming years.
Teisės sampratų įtaka teisės funkcionavimui ; Law Operation under the Sway of Concept of Law
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.
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Teisės sampratų įtaka teisės funkcionavimui ; Law Operation under the Sway of Concept of Law
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.
BASE
Teisės sampratų įtaka teisės funkcionavimui ; Law Operation under the Sway of Concept of Law
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.
BASE
Teisės sampratų įtaka teisės funkcionavimui ; Law Operation under the Sway of Concept of Law
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.
BASE