Suchergebnisse

The article deals with the problem of representation in the area of local public policy. Representation is a crucial element of any democratic society. The democratic society should be reflected as sharp as possible in the representative institutions. Otherwise, if the reflection of society's structure is distorted, there will be a great danger to fall into the asymmetry of democracy. Contemporary public administration extended the traditionally political notion of representation into the area of bureaucracy. The distinction between the passive and the active representation was developed. Despite that there is no consensuses of whether the passive representation always leads to the active one, the authors of the article keep a premise that most often the passive representation leads to the active one, but it may become a negative point if the passive representation is not the sharp one. While the local council is considered as a subject of public administration in Lithuania, the authors of the article choose to research how sharp the local council of Klaipëda represents the community of the city. The problem is relevant because the contemporary public policy is increasingly oriented towards the notion of public governance. Applying the casestudy method and analytical statistics, article analyzes the last four elections to the local council of Klaipëda. Due to the wide scope of the topic, the object of the research is divided into the four main structural components: representation of gender, nationality, age-group, and occupation. Additionally, the diversity effect is calculated applying the Blau index. The research proved that the passive representation in the local council is not the sharp one. Among all, the distinct domination of only two - business and education - occupational groups revealed that there are negative tendencies in the development of local democracy. Two of them are of the greatest menace: 1) prevailing of business leaders might lead to the market relationships in the processes of solving social problems, 2) governing may become available only for the privileged closed stratas what jeopardize the fading of democracy. Knowing that passive representation may lead to the active one, it is possible to envisage the predominance of the certain interests' implementation what leads to the so called asymmetry of democracy.

The article deals with the problem of representation in the area of local public policy. Representation is a crucial element of any democratic society. The democratic society should be reflected as sharp as possible in the representative institutions. Otherwise, if the reflection of society's structure is distorted, there will be a great danger to fall into the asymmetry of democracy. Contemporary public administration extended the traditionally political notion of representation into the area of bureaucracy. The distinction between the passive and the active representation was developed. Despite that there is no consensuses of whether the passive representation always leads to the active one, the authors of the article keep a premise that most often the passive representation leads to the active one, but it may become a negative point if the passive representation is not the sharp one. While the local council is considered as a subject of public administration in Lithuania, the authors of the article choose to research how sharp the local council of Klaipëda represents the community of the city. The problem is relevant because the contemporary public policy is increasingly oriented towards the notion of public governance. Applying the casestudy method and analytical statistics, article analyzes the last four elections to the local council of Klaipëda. Due to the wide scope of the topic, the object of the research is divided into the four main structural components: representation of gender, nationality, age-group, and occupation. Additionally, the diversity effect is calculated applying the Blau index. The research proved that the passive representation in the local council is not the sharp one. Among all, the distinct domination of only two - business and education - occupational groups revealed that there are negative tendencies in the development of local democracy. Two of them are of the greatest menace: 1) prevailing of business leaders might lead to the market relationships in the processes of solving social problems, 2) governing may become available only for the privileged closed stratas what jeopardize the fading of democracy. Knowing that passive representation may lead to the active one, it is possible to envisage the predominance of the certain interests' implementation what leads to the so called asymmetry of democracy.

The article deals with the problem of representation in the area of local public policy. Representation is a crucial element of any democratic society. The democratic society should be reflected as sharp as possible in the representative institutions. Otherwise, if the reflection of society's structure is distorted, there will be a great danger to fall into the asymmetry of democracy. Contemporary public administration extended the traditionally political notion of representation into the area of bureaucracy. The distinction between the passive and the active representation was developed. Despite that there is no consensuses of whether the passive representation always leads to the active one, the authors of the article keep a premise that most often the passive representation leads to the active one, but it may become a negative point if the passive representation is not the sharp one. While the local council is considered as a subject of public administration in Lithuania, the authors of the article choose to research how sharp the local council of Klaipëda represents the community of the city. The problem is relevant because the contemporary public policy is increasingly oriented towards the notion of public governance. Applying the casestudy method and analytical statistics, article analyzes the last four elections to the local council of Klaipëda. Due to the wide scope of the topic, the object of the research is divided into the four main structural components: representation of gender, nationality, age-group, and occupation. Additionally, the diversity effect is calculated applying the Blau index. The research proved that the passive representation in the local council is not the sharp one. Among all, the distinct domination of only two - business and education - occupational groups revealed that there are negative tendencies in the development of local democracy. Two of them are of the greatest menace: 1) prevailing of business leaders might lead to the market relationships in the processes of solving social problems, 2) governing may become available only for the privileged closed stratas what jeopardize the fading of democracy. Knowing that passive representation may lead to the active one, it is possible to envisage the predominance of the certain interests' implementation what leads to the so called asymmetry of democracy.

The article deals with the problem of representation in the area of local public policy. Representation is a crucial element of any democratic society. The democratic society should be reflected as sharp as possible in the representative institutions. Otherwise, if the reflection of society's structure is distorted, there will be a great danger to fall into the asymmetry of democracy. Contemporary public administration extended the traditionally political notion of representation into the area of bureaucracy. The distinction between the passive and the active representation was developed. Despite that there is no consensuses of whether the passive representation always leads to the active one, the authors of the article keep a premise that most often the passive representation leads to the active one, but it may become a negative point if the passive representation is not the sharp one. While the local council is considered as a subject of public administration in Lithuania, the authors of the article choose to research how sharp the local council of Klaipëda represents the community of the city. The problem is relevant because the contemporary public policy is increasingly oriented towards the notion of public governance. Applying the casestudy method and analytical statistics, article analyzes the last four elections to the local council of Klaipëda. Due to the wide scope of the topic, the object of the research is divided into the four main structural components: representation of gender, nationality, age-group, and occupation. Additionally, the diversity effect is calculated applying the Blau index. The research proved that the passive representation in the local council is not the sharp one. Among all, the distinct domination of only two - business and education - occupational groups revealed that there are negative tendencies in the development of local democracy. Two of them are of the greatest menace: 1) prevailing of business leaders might lead to the market relationships in the processes of solving social problems, 2) governing may become available only for the privileged closed stratas what jeopardize the fading of democracy. Knowing that passive representation may lead to the active one, it is possible to envisage the predominance of the certain interests' implementation what leads to the so called asymmetry of democracy.

The article deals with the problem of representation in the area of local public policy. Representation is a crucial element of any democratic society. The democratic society should be reflected as sharp as possible in the representative institutions. Otherwise, if the reflection of society's structure is distorted, there will be a great danger to fall into the asymmetry of democracy. Contemporary public administration extended the traditionally political notion of representation into the area of bureaucracy. The distinction between the passive and the active representation was developed. Despite that there is no consensuses of whether the passive representation always leads to the active one, the authors of the article keep a premise that most often the passive representation leads to the active one, but it may become a negative point if the passive representation is not the sharp one. While the local council is considered as a subject of public administration in Lithuania, the authors of the article choose to research how sharp the local council of Klaipeda represents the community of the city. The problem is relevant because the contemporary public policy is increasingly oriented towards the notion of public governance. Applying the case-study method and analytical statistics, article analyzes the last four elections to the local council of Klaipeda. Due to the wide scope of the topic, the object of the research is divided into the four main structural components: representation of gender, nationality, age-group, and occupation. Additionally, the diversity effect is calculated applying the Blau index. The research proved that the passive representation in the local council is not the sharp one. Among all, the distinct domination of only two - business and education - occupational groups revealed that there are negative tendencies in the development of local democracy. Two of them are of the greatest menace: 1) prevailing of business leaders might lead to the market relationships in the processes of solving social problems, 2) governing may become available only for the privileged closed stratas what jeopardize the fading of democracy. Knowing that passive representation may lead to the active one, it is possible to envisage the predominance of the certain interests' implementation what leads to the so called asymmetry of democracy. ; Straipsnyje nagrinėjamos viešosios valdžios įgyvendinimo galimybės vietos valdyme. Kadangi viešoji valdžia suponuoja aktyvų piliečių įsitraukimą į valdymo organizavimą, tyrimui pasirinktas vienas iš pagrindinių įsitraukimo aspektų - atstovavimas. Straipsnio autoriai laikosi nuostatos, kad pasyvus atstovavimas yra linkęs virsti aktyviu, ir tai gali tapti neigiama tendencija, jei atstovaujamoji struktūra nėra pakankamai simetriška visuomeninei struktūrai. Kaip itin mažai tyrinėta sritis, tyrimo objektu pasirinkta Klaipėdos miesto savivaldybės tarybos narių socialinė priklausomybė ir jos atitiktis miesto socialinei struktūrai. Kadangi atstovavimas apima labai plačią tematiką, straipsnyje jis yra dalijamas į keturis pagrindinius struktūrinius komponentus: lyčių, tautybių, amžiaus grupių ir užimtumo atstovavimą. Tyrimas patvirtino prielaidą, kad dažniausiai aktyvia visuomenės grupe tampa verslo sektorius, kuris stengiasi išnaudoti visiems piliečiams sukurtus demokratinius dalyvavimo viešojoje valdžioje kanalus.

The topic of municipal administrative supervision is not under much dispute, though this is a very important theme. Wider investigations are not conducted on this topic. Andruskevicius (2004, 2008) and Deviatnikovaite (2009) have analyzed state supervision of local self-government authorities. Bakaveckas (2004, 2007) has disclosed the problems, development and legal regulation of administrative supervision of local self-government, but these studies were not deep. The research aim of this paper is to disclose the administrative supervision of local self-government and to analyze the implementations forms of the Government Representative in the County. The analysis includes the period 2008-2012. [.]

The topic of municipal administrative supervision is not under much dispute, though this is a very important theme. Wider investigations are not conducted on this topic. Andruskevicius (2004, 2008) and Deviatnikovaite (2009) have analyzed state supervision of local self-government authorities. Bakaveckas (2004, 2007) has disclosed the problems, development and legal regulation of administrative supervision of local self-government, but these studies were not deep. The research aim of this paper is to disclose the administrative supervision of local self-government and to analyze the implementations forms of the Government Representative in the County. The analysis includes the period 2008-2012. [.]

In the paper there is analysed representation of employers and employees in the sense of association freedom principle. This issue is important because of representation institute which is of special importance, in addition, it is a new subject in the labour law of the Republic of Lithuania. In the first part of the paper there are analyzed essence and purpose of representation in labour law as well as conception of freedom of association, its content and interaction of these legal phenomena. It is concluded that freedom of association assumes representation of labour law subjects in case of collective labour relations which can be represented by trade union and its organizations following the labour law of the Republic of Lithuania. Employers are represented by employer organizations, their corporations, federations and confederations. The second part of the paper introduces legal status of employee representatives. Trade union is the main organization which represents the rights of employees. This organization is entitled to represent as well as to protect employees interests following the legislation of the Republic of Lithuania. Activities of labour boards as employee representatives are much more narrower than these of trade unions – it is limited by representation of interests of employees employed in companies, institutions or organisations. To labour boards there isn't applied the principle of freedom of associations. In case the law foresees an alternative to enter a trade union operating in a company, institution or organisation or to form a labour board, we could talk about "negative" aspects of the association freedom content. The third part of the paper is devoted for revealing legal regulation of representation. It is concluded that establishment and activities of employer organisations as subjects of collective labour relations aren't regulated by a separate law – the organisations are usually established and operate on the basis of the common Law on Associations. Acquisition of employer organisation status is related to objectives and tasks formed in the Articles of Association, where target function of such organisations is reflected – representation of employers maintaining legal labour relations, participation in social partnership organising collective negotiations, etc. It is also determined that full prohibition of lockout as an aspect of freedom of association guaranteed to employers by international documents contradicts international obligations undertaken by Lithuania, and in such a way unreasonably narrows the possibility of employers and their organisations to fully implement freedom of association. In the fourth part there are analysed international documents certifying the possibility of limiting freedom of association in regard to certain category of persons. It is concluded that peculiarities of freedom of association is strengthened by publishers of Lithuanian legislation – limitations in regard to police and national defence contradict international obligations of Lithuania.

In the paper there is analysed representation of employers and employees in the sense of association freedom principle. This issue is important because of representation institute which is of special importance, in addition, it is a new subject in the labour law of the Republic of Lithuania. In the first part of the paper there are analyzed essence and purpose of representation in labour law as well as conception of freedom of association, its content and interaction of these legal phenomena. It is concluded that freedom of association assumes representation of labour law subjects in case of collective labour relations which can be represented by trade union and its organizations following the labour law of the Republic of Lithuania. Employers are represented by employer organizations, their corporations, federations and confederations. The second part of the paper introduces legal status of employee representatives. Trade union is the main organization which represents the rights of employees. This organization is entitled to represent as well as to protect employees interests following the legislation of the Republic of Lithuania. Activities of labour boards as employee representatives are much more narrower than these of trade unions – it is limited by representation of interests of employees employed in companies, institutions or organisations. To labour boards there isn't applied the principle of freedom of associations. In case the law foresees an alternative to enter a trade union operating in a company, institution or organisation or to form a labour board, we could talk about "negative" aspects of the association freedom content. The third part of the paper is devoted for revealing legal regulation of representation. It is concluded that establishment and activities of employer organisations as subjects of collective labour relations aren't regulated by a separate law – the organisations are usually established and operate on the basis of the common Law on Associations. Acquisition of employer organisation status is related to objectives and tasks formed in the Articles of Association, where target function of such organisations is reflected – representation of employers maintaining legal labour relations, participation in social partnership organising collective negotiations, etc. It is also determined that full prohibition of lockout as an aspect of freedom of association guaranteed to employers by international documents contradicts international obligations undertaken by Lithuania, and in such a way unreasonably narrows the possibility of employers and their organisations to fully implement freedom of association. In the fourth part there are analysed international documents certifying the possibility of limiting freedom of association in regard to certain category of persons. It is concluded that peculiarities of freedom of association is strengthened by publishers of Lithuanian legislation – limitations in regard to police and national defence contradict international obligations of Lithuania.

Summary The theme of this work is the principle of freedom of association and the representation of employers and employees. The purpose of this work is to analyse the legal regulation, doctrine, case law on the principal of freedom of association and representation of employers and employees, to clarify the gaps of the legislation of Lithuania. On the base of the experience of the foreign countries, outlining its tendencies in Europe and in Lithuania, and presenting the possible reasonable manners of its resolution. The national laws of Lithuania, which regulate the principle of freedom of association and the organisations of employers and employees, correspond to the stipulation of the international legislation. Despite that, the principle of freedom of association in practice is not duly executed in Lithuania. It can be observed the trade unions' pluralism, but the density in the trade unions is only decreasing of late years. The employers organizations are inclined to negotiate with Government of the Republic of Lithuania and do not initiate the bipartite agreements as well as the trade unions. It shall be indicated the problem of legal status of the employers' organization – there is no special law, regulating the activities of the employers' organizations in Lithuania. The competence of the employers' organizations shall obligatorily be determined in the Articles of Association. The labour council was established by law in Lithuania as a new subject of the representation of employees. The labour council, as a counterbalance to the trade unions, shall be able to fulfil the existing gap of the representation of employees. It is a common practise in Lithuania when there is no trade union established in the company, then employees can be represented by the labour council. To a European extent, the European labour councils are establishing very expeditiously. Nowadays exist 76 European labour councils in Lithuania.

Summary The theme of this work is the principle of freedom of association and the representation of employers and employees. The purpose of this work is to analyse the legal regulation, doctrine, case law on the principal of freedom of association and representation of employers and employees, to clarify the gaps of the legislation of Lithuania. On the base of the experience of the foreign countries, outlining its tendencies in Europe and in Lithuania, and presenting the possible reasonable manners of its resolution. The national laws of Lithuania, which regulate the principle of freedom of association and the organisations of employers and employees, correspond to the stipulation of the international legislation. Despite that, the principle of freedom of association in practice is not duly executed in Lithuania. It can be observed the trade unions' pluralism, but the density in the trade unions is only decreasing of late years. The employers organizations are inclined to negotiate with Government of the Republic of Lithuania and do not initiate the bipartite agreements as well as the trade unions. It shall be indicated the problem of legal status of the employers' organization – there is no special law, regulating the activities of the employers' organizations in Lithuania. The competence of the employers' organizations shall obligatorily be determined in the Articles of Association. The labour council was established by law in Lithuania as a new subject of the representation of employees. The labour council, as a counterbalance to the trade unions, shall be able to fulfil the existing gap of the representation of employees. It is a common practise in Lithuania when there is no trade union established in the company, then employees can be represented by the labour council. To a European extent, the European labour councils are establishing very expeditiously. Nowadays exist 76 European labour councils in Lithuania.

The aims of this article are to describe the fundamental connection between State government, counties and municipalities and to expose peculiarities of interaction of State government subjects and Local Self-government institutions. The survey method is grounded on the systemic research and analysis of the Lithuanian legal acts: Law on the Local Self-government, Law on the Governing of the County and Law on the Regional Development. The main conclusions of the article are following: a) the objects, functions and responsibility of Regional institutions and Counties are separated by legal acts, but in fact Regional institutions and Counties are indivisible unit; b) in reality municipalities become subordinate to the State government and restraint from Self-government institutions appreciable by limited liberty of decision making and finance resources, and intensive state inspection of procedures; c) there is not fully realized principle of decentralization. In the future State government system and Local Self-government reforms could take the way of self-governmental regions making and the power, functions and decision making competence of municipalities could be extended

The aims of this article are to describe the fundamental connection between State government, counties and municipalities and to expose peculiarities of interaction of State government subjects and Local Self-government institutions. The survey method is grounded on the systemic research and analysis of the Lithuanian legal acts: Law on the Local Self-government, Law on the Governing of the County and Law on the Regional Development. The main conclusions of the article are following: a) the objects, functions and responsibility of Regional institutions and Counties are separated by legal acts, but in fact Regional institutions and Counties are indivisible unit; b) in reality municipalities become subordinate to the State government and restraint from Self-government institutions appreciable by limited liberty of decision making and finance resources, and intensive state inspection of procedures; c) there is not fully realized principle of decentralization. In the future State government system and Local Self-government reforms could take the way of self-governmental regions making and the power, functions and decision making competence of municipalities could be extended

The aims of this article are to describe the fundamental connection between State government, counties and municipalities and to expose peculiarities of interaction of State government subjects and Local Self-government institutions. The survey method is grounded on the systemic research and analysis of the Lithuanian legal acts: Law on the Local Self-government, Law on the Governing of the County and Law on the Regional Development. The main conclusions of the article are following: a) the objects, functions and responsibility of Regional institutions and Counties are separated by legal acts, but in fact Regional institutions and Counties are indivisible unit; b) in reality municipalities become subordinate to the State government and restraint from Self-government institutions appreciable by limited liberty of decision making and finance resources, and intensive state inspection of procedures; c) there is not fully realized principle of decentralization. In the future State government system and Local Self-government reforms could take the way of self-governmental regions making and the power, functions and decision making competence of municipalities could be extended. ; Straipsnyje nagrinėjami centrinių valstybės valdymo subjektų ir savivaldybių sąveikos ypatumai, regioninės valstybės politikos ir vietos savivaldos santykis, apskričių sąsajos su savivaldybėmis bei vietos gyventojais. Išanalizavus Lietuvos Respublikos vietos savivaldos, Regioninės plėtros ir Apskrities valdymo įstatymus, teigiama, jog santykiai tarp valstybės valdymo subjektų ir savivaldybių yra grįsti įvairialype ir detalia kontrole, varžančia savivaldos plėtojimą; regionai ir apskritys institucijų požiūriu egzistuoja kaip nedalomas vienetas, todėl tarp valstybės valdymo ir savivaldos sistemų egzistuoja Konstitucijoje nenumatyti pavaldumo ryšiai; pažeidžiamas subsidiarumo principas: Apskrities valdymo įstatymas nustato konkrečius santykius su pavieniais gyventojais ne jų pačių, bet valstybės iniciatyva. Straipsnyje pateiktas teorinis sisteminis valstybės valdymo modelis. Jame patobulinti valstybės institucijų bei savivaldybių ryšiai, supaprastinti gyventojų bei valdžios institucijų santykiai.

In this article a presently existing public administration system in Lithuania as well as the position of municipalities (subjects of local self–government) in that system are described, the features of the "real" local self–government are being formulated, potentially possible groups of problems of local self–government are distinguished and currently main problems of municipalities of Lithuania are indicated. The author of the article notes that in Lithuania up till now the concept of the "real" local self–government has not been clearly and unambiguously defined yet. That makes the formulation of target goals, tasks and means as well as their implementation developing the system of local self–government more difficult. Seeking at least partly to fill the existing gap, the author of the article formulates eight features of the "real" local self–government. Having defined the problem of local self–government as a deviation from the "normal" conditions for the functioning of the local self–government system that cause negative changes in the system, the author of the article shows the relationship between the "normal" conditions for the functioning of local self–government and the formulated features of the "real" local self–government. According to this relationship the author of the article indicates eight potentially possible groups of problems of local self–government. On the basis of the accumulated knowledge and acquired experience the author of the article points out five groups of currently particularly important problems for local self–government of Lithuania, which are conditionally named as follows: 1) suppressed independence; 2) insufficient constructiveness of the relationship among different levels of government; 3) economic problems of municipalities; 4) not involving community members in managing local affairs; 5) inertness of municipalities.