The article devoted to the trade facilitation measures in the global supply chain. The author underline that the trade facilitation has attracted significant political and commercial interest. Customs has been faced with contradictory demands arising from the globalization of trade.
The article devoted to the trade facilitation measures in the global supply chain. The author underline that the trade facilitation has attracted significant political and commercial interest. Customs has been faced with contradictory demands arising from the globalization of trade.
The legal status of the trade unions SUMMARY The legal status of the trade unions is essential not only in its capacity of an independent body or the one of an employees representative but also as to an organization that affects the legislative acts issuance and participates in the political process. The opening part of this paper covers this topic's actuality, originality and novelty, its main objective, research domain and methods and the literature referred to. The paper is comprised of three parts: 1. The Trade Union Status; 2. The Trade union Status in relation to collective labor; 3. The trade Union Status in relation to individual labor. The first part consists of six sections. It is important to discuss in short the evolution of a trade union legal status using historical methodology and comparing the changes of this organization's status both in Lithuania and internationally. The freedom of associations recognized internationally as one the major principles is affirmed in the fundamental legislative act of Lithuania – the Constitution of Lithuania - which forms the basis to set up trade unions. In order to outline this topic the analysis of the concept and main characteristics elaborates on the organization's status and place in the labor law system. Founding and registration procedures drawbacks as well as regulations' inconsistencies are also covered by this analysis. Since the trade unions being a juridical organization with limited civil responsibilities dispose of their property, the issue of property disbursement after the restoration of Lithuanian independence is no less important. It is also necessary to compare the trade unions to the labor councils that are alternative employee representative body within an enterprise/company. The second part consists of three sections. The social partnership and its influence on the trade unions are analyzed in this part. The differences in the trade union status at the level of enterprise and above; the problems that arise in the process of defining the parties in collective talks, agreements and disputes as well as who has the right to announce a strike and what is the difference between the roles of trade unions and the labor councils – these are the issues of the second part. The third part consists of four sections. The analysis of the trade union status in the individual labor partnership is presented in this part. It is stated that the trade union is not only a representative of the employees but also an independent body enabled to be a plaintiff and a defendant in the court of justice. Also, analyzed are the guarantees given to members of the trade union elected bodies, the special role of these members, and the growing status of the trade union from the employers' and public viewpoints.
The legal status of the trade unions SUMMARY The legal status of the trade unions is essential not only in its capacity of an independent body or the one of an employees representative but also as to an organization that affects the legislative acts issuance and participates in the political process. The opening part of this paper covers this topic's actuality, originality and novelty, its main objective, research domain and methods and the literature referred to. The paper is comprised of three parts: 1. The Trade Union Status; 2. The Trade union Status in relation to collective labor; 3. The trade Union Status in relation to individual labor. The first part consists of six sections. It is important to discuss in short the evolution of a trade union legal status using historical methodology and comparing the changes of this organization's status both in Lithuania and internationally. The freedom of associations recognized internationally as one the major principles is affirmed in the fundamental legislative act of Lithuania – the Constitution of Lithuania - which forms the basis to set up trade unions. In order to outline this topic the analysis of the concept and main characteristics elaborates on the organization's status and place in the labor law system. Founding and registration procedures drawbacks as well as regulations' inconsistencies are also covered by this analysis. Since the trade unions being a juridical organization with limited civil responsibilities dispose of their property, the issue of property disbursement after the restoration of Lithuanian independence is no less important. It is also necessary to compare the trade unions to the labor councils that are alternative employee representative body within an enterprise/company. The second part consists of three sections. The social partnership and its influence on the trade unions are analyzed in this part. The differences in the trade union status at the level of enterprise and above; the problems that arise in the process of defining the parties in collective talks, agreements and disputes as well as who has the right to announce a strike and what is the difference between the roles of trade unions and the labor councils – these are the issues of the second part. The third part consists of four sections. The analysis of the trade union status in the individual labor partnership is presented in this part. It is stated that the trade union is not only a representative of the employees but also an independent body enabled to be a plaintiff and a defendant in the court of justice. Also, analyzed are the guarantees given to members of the trade union elected bodies, the special role of these members, and the growing status of the trade union from the employers' and public viewpoints.
The legal status of the trade unions SUMMARY The legal status of the trade unions is essential not only in its capacity of an independent body or the one of an employees representative but also as to an organization that affects the legislative acts issuance and participates in the political process. The opening part of this paper covers this topic's actuality, originality and novelty, its main objective, research domain and methods and the literature referred to. The paper is comprised of three parts: 1. The Trade Union Status; 2. The Trade union Status in relation to collective labor; 3. The trade Union Status in relation to individual labor. The first part consists of six sections. It is important to discuss in short the evolution of a trade union legal status using historical methodology and comparing the changes of this organization's status both in Lithuania and internationally. The freedom of associations recognized internationally as one the major principles is affirmed in the fundamental legislative act of Lithuania – the Constitution of Lithuania - which forms the basis to set up trade unions. In order to outline this topic the analysis of the concept and main characteristics elaborates on the organization's status and place in the labor law system. Founding and registration procedures drawbacks as well as regulations' inconsistencies are also covered by this analysis. Since the trade unions being a juridical organization with limited civil responsibilities dispose of their property, the issue of property disbursement after the restoration of Lithuanian independence is no less important. It is also necessary to compare the trade unions to the labor councils that are alternative employee representative body within an enterprise/company. The second part consists of three sections. The social partnership and its influence on the trade unions are analyzed in this part. The differences in the trade union status at the level of enterprise and above; the problems that arise in the process of defining the parties in collective talks, agreements and disputes as well as who has the right to announce a strike and what is the difference between the roles of trade unions and the labor councils – these are the issues of the second part. The third part consists of four sections. The analysis of the trade union status in the individual labor partnership is presented in this part. It is stated that the trade union is not only a representative of the employees but also an independent body enabled to be a plaintiff and a defendant in the court of justice. Also, analyzed are the guarantees given to members of the trade union elected bodies, the special role of these members, and the growing status of the trade union from the employers' and public viewpoints.
The legal status of the trade unions SUMMARY The legal status of the trade unions is essential not only in its capacity of an independent body or the one of an employees representative but also as to an organization that affects the legislative acts issuance and participates in the political process. The opening part of this paper covers this topic's actuality, originality and novelty, its main objective, research domain and methods and the literature referred to. The paper is comprised of three parts: 1. The Trade Union Status; 2. The Trade union Status in relation to collective labor; 3. The trade Union Status in relation to individual labor. The first part consists of six sections. It is important to discuss in short the evolution of a trade union legal status using historical methodology and comparing the changes of this organization's status both in Lithuania and internationally. The freedom of associations recognized internationally as one the major principles is affirmed in the fundamental legislative act of Lithuania – the Constitution of Lithuania - which forms the basis to set up trade unions. In order to outline this topic the analysis of the concept and main characteristics elaborates on the organization's status and place in the labor law system. Founding and registration procedures drawbacks as well as regulations' inconsistencies are also covered by this analysis. Since the trade unions being a juridical organization with limited civil responsibilities dispose of their property, the issue of property disbursement after the restoration of Lithuanian independence is no less important. It is also necessary to compare the trade unions to the labor councils that are alternative employee representative body within an enterprise/company. The second part consists of three sections. The social partnership and its influence on the trade unions are analyzed in this part. The differences in the trade union status at the level of enterprise and above; the problems that arise in the process of defining the parties in collective talks, agreements and disputes as well as who has the right to announce a strike and what is the difference between the roles of trade unions and the labor councils – these are the issues of the second part. The third part consists of four sections. The analysis of the trade union status in the individual labor partnership is presented in this part. It is stated that the trade union is not only a representative of the employees but also an independent body enabled to be a plaintiff and a defendant in the court of justice. Also, analyzed are the guarantees given to members of the trade union elected bodies, the special role of these members, and the growing status of the trade union from the employers' and public viewpoints.
The article reviews the transformations and changes of the EU's international trade policy (Common Commercial Policy) since 2021 when the European Commission adopted the new strategic document, which outlines the future guidelines for the trade policy - communication called "Trade Policy Review - An Open, Sustainable and Assertive Trade Policy" (2021). The author examines its provisions by using systemic, historical, linguistical, comparative methods, as well as methods of analysis and synthesis, and concludes that the Trade Policy Review (2021) doesn't intend to completely change the existing trade regulatory framework in the EU or proposes to introduce major innovations regarding trade policies towards specific third countries. However, based on this document we should expect that the EU will continue to actively conclude bilateral free (preferential) trade agreements with the third countries and will implement a protectionist trade regime with the People's Republic of China. Besides, the research, presented in the article shows that the Trade Policy Review (2021) does not, in principle, offer any new fundamental ideas on how the EU's international trade with its other major trading partners (BRICS) should and will be developed - - this can be considered a critical feature of this document
Magistro darbe yra nagrinėjama Lietuvos profesinių sąjungų veikla iš galios resursų teorinės perspektyvos. Galios resursų teorija teigia, jog profesinės sąjungos siekdamos kompensuoti savo turimos galios trūkumą, sieks aktyvaus bendradarbiavimo su kairiosiomis politinėmis partijomis, nes šis bendradarbiavimas leistų perkelti ekonominių klausimų sprendimą į politinį lygmenį. Šios temos aktualumą įrodo tai, jog Lietuvos profesinių sąjungų narystė ir padengimas kolektyvinėmis sutartimis yra vienas žemiausių Europoje, kas trukdo efektyviam darbuotojų interesų atstovavimo įgyvendinimui. Dėl kapitalo interesų dominavimo, visuomenėje vyraujančios apatijos ir susitaikymo su esama padėtimi, profesinės sąjungos susiduria su narių pritraukimo ir mobilizacijos problemomis. Galios pusiausvyros tarp skirtingų interesų grupių pasiekimas sukurtų palankią terpę lygiaverčiam socialiniam dialogui, kuris leistų padidinti darbuotojų gerovę. Kadangi profesinių sąjungų veikla siekia pagerinti darbuotojų ekonominę ir socialinę padėtį, pagrindinis šio darbo objektas yra Lietuvos profesinių sąjungų poveikis politinių sprendimų priėmimui, o darbo tikslas – nustatyti Lietuvos profesinių sąjungų poveikio politinių sprendimų priėmimui galimybes. Darbo tikslui pasiekti iškeliami šie darbo uždaviniai: (1) pristatyti galios resursų teorinę perspektyvą kaip klasinės analizės įrankį; (2) išskirti politinį profesinių sąjungų vaidmenį; (3) aptarti profesinių sąjungų veiklos specifiką Rytų ir Vidurio Europos šalyse ir Lietuvoje; (4) išskirti Lietuvos profesinių sąjungų veiklos kontekstų specifiką; (5) atlikti lyginamąją Lietuvos profesinių sąjungų veiklos kontekstų analizę. Siekiant išsiaiškinti profesinių sąjungų galimybes daryti poveikį politikoje, buvo sudarytas atviras klausimynas, kuris aprėpia keturis veiklos kontekstus: organizacinį, kultūrinį, institucinį, politinį. Klausimyno pagrindu buvo atlikti pusiau struktūruoti kokybiniai interviu su septynių profesinių sąjungų atstovais. Atlikus tyrimą paaiškėjo, jog didžiausia kliūtimi efektyviam darbuotojų interesų atstovavimui įvardijama kompetencijos, žmogiškųjų ir finansinių išteklių stoka. Todėl profesinės sąjungos nesugeba pasipriešinti verslo interesams. Dėl profesinių sąjungų noro išlaikyti autonomiją ir nepasitikėjimo politinėmis partijomis egzistuoja aukšta rizika būti pajungtiems verslo interesams, kurie dominuoja politikoje, todėl bendradarbiavimas su partijomis yra ribotas ir nesuteikia profesinėms sąjungoms galimybės kompensuoti savo galios trūkumo. ; This master thesis examines the activity of Lithuanian trade unions from theoretical perspective of power resources. Power resources theory argues that trade unions will seek active cooperation with left-wing political parties to compensate for their lack of power, as this cooperation would allow the transfer of economic issues to the political level. The relevance of this topic is proved by the fact that the membership of Lithuanian trade unions and coverage by collective agreements is one of the lowest in Europe, which hinders the effective implementation of the representation of employees' interests. Due to the prevalence of the interests of capital, combined with the apathy and resignation moods in society, trade unions face difficulties in attracting and mobilizing their own members. Achieving a balance of power between different interest groups would create a favorable environment for a broad and equal social dialogue, which would allow for an increase of well-being of workers. Considering that the activities of trade unions aim to improve the economic and social situation of the employees, the main object of this thesis is the influence of Lithuanian trade unions on political decision-making and the goal of this thesis is to determine the possibilities of Lithuanian trade unions influence on political decision-making. In order to achieve the goal of this thesis the following tasks are set: (1) to present the theoretical perspective of power resources as a tool of class analysis; (2) to distinguish the political role of trade unions; (3) to discuss the peculiarities of trade unions activity in Central and Eastern European countries and Lithuania; (4) to distinguish the peculiarities of Lithuanian trade union activity contexts; (5) to perform comparative analysis of Lithuanian trade union activity contexts. In order to find out how trade unions can influence politics, an open questionnaire was developed covering four operational contexts: organizational, cultural, institutional, political. Seven semi-structured qualitative interviews with trade union representatives were conducted. The study revealed that the lack of competence, human and financial resources is the biggest obstacle to effective representation of employees' interests, which prevents trade unions from resisting business interests. Due to the trade unions desire to maintain autonomy and distrust towards political parties, where they feel the risk of being subordinated to business interests that dominate politics, cooperation with political parties is limited and does not allow unions to compensate for their lack of power. ; Politikos mokslų ir diplomatijos fakultetas ; Politologijos katedra
The aim of the research: international trade is one of the most important instruments in the modern globalized economy which is used to achieve wealth and economic growth in all countries of the world that belong to the free trade and open market system governed by such international organizations as World Trade Organization (WTO) or World Customs Organization (WCO). This year (in February 2021) the European Commission also presented and outlined the EU future guidelines/strategy of the international trade and customs policy ("Trade Policy Review", COM (2021) 66 final (European Commission, 2021). Having this in mind, the author of the article reviews the provisions of the above-mentioned document regarding the planned changes in the EU trade policy towards specific third countries (major EU trading partners) and analyses their significance for the EU Member States (including Lithuania)
The aim of the research: international trade is one of the most important instruments in the modern globalized economy which is used to achieve wealth and economic growth in all countries of the world that belong to the free trade and open market system governed by such international organizations as World Trade Organization (WTO) or World Customs Organization (WCO). This year (in February 2021) the European Commission also presented and outlined the EU future guidelines/strategy of the international trade and customs policy ("Trade Policy Review", COM (2021) 66 final (European Commission, 2021). Having this in mind, the author of the article reviews the provisions of the above-mentioned document regarding the planned changes in the EU trade policy towards specific third countries (major EU trading partners) and analyses their significance for the EU Member States (including Lithuania)
The article examines one of the hardcore vertical restraints in competition law – prohibition (restriction) of parallel trade, with the focus on the assessment of such agreements within the context of pharmaceutical industry. The article discloses that due to the very specific economical and legal environment of the pharmaceutical sector, agreements restricting parallel trade should not be condemned as anticompetitive in all cases. It is discussed whether it is reasonable that extremely negative attitude towards such agreements is more conditioned upon the European Union's internal market integration goal than legal or economic logic.
The article examines one of the hardcore vertical restraints in competition law – prohibition (restriction) of parallel trade, with the focus on the assessment of such agreements within the context of pharmaceutical industry. The article discloses that due to the very specific economical and legal environment of the pharmaceutical sector, agreements restricting parallel trade should not be condemned as anticompetitive in all cases. It is discussed whether it is reasonable that extremely negative attitude towards such agreements is more conditioned upon the European Union's internal market integration goal than legal or economic logic.
The article examines one of the hardcore vertical restraints in competition law – prohibition (restriction) of parallel trade, with the focus on the assessment of such agreements within the context of pharmaceutical industry. The article discloses that due to the very specific economical and legal environment of the pharmaceutical sector, agreements restricting parallel trade should not be condemned as anticompetitive in all cases. It is discussed whether it is reasonable that extremely negative attitude towards such agreements is more conditioned upon the European Union's internal market integration goal than legal or economic logic.
The article examines one of the hardcore vertical restraints in competition law – prohibition (restriction) of parallel trade, with the focus on the assessment of such agreements within the context of pharmaceutical industry. The article discloses that due to the very specific economical and legal environment of the pharmaceutical sector, agreements restricting parallel trade should not be condemned as anticompetitive in all cases. It is discussed whether it is reasonable that extremely negative attitude towards such agreements is more conditioned upon the European Union's internal market integration goal than legal or economic logic.
Non-conventional Marks in Trade Mark Law This paper concentrates on the legal and practical issues concerning special marks in the trademark law. A non-conventional trademark, also known as a nontraditional trademark, is any new type of trademark which does not belong to a pre-existing, conventional category of trademark, and which is often difficult to register, but which may nevertheless fulfil the essential trademark function of uniquely identifying the commercial origin of products or services. It was sought in this paper to find the borderline between protectable and unprotectable special marks, discuss the solutions to the controversial issues of specific unusual marks. There are also some general remarks together with comments on the scope, purpose and methodology of this paper. International conventions affecting trade marks in general and special marks in particular are also discussed. The attention was mainly paid to the European Community legal and practical instruments on trademarks as well as the main contents of the Community trademark. Non-conventional mark is a relatively recent novelty in Community regulations and not all prior national legislation recognizes it. Under many national laws, it is not possible to register a colour, sound, smell, taste, motion or other similar type of mark. Therefore, the businessperson who wishes to protect himself against the confusing use of such signs on the market must often place his trust in the residual safeguard offered by laws on unfair competition, passing off, copyright, or design, if and when these are applicable.