Suchergebnisse

Šiame straipsnyje jo skaitytojas (teisininkas, mokslininkas ar pensijų kaupimu besidomintis asmuo) supažindinamas su pensijų kaupimo sutartimi – šių dienų kontekste viena iš socialiai reikšmingiausių civilinių sutarčių. Pagrindinis straipsnio tikslas yra kvalifikuoti pensijų kaupimo sutartį, atskleidžiant šiai sutarčiai būdingus kitų civilinių sutarčių požymius. Taip pat autorė straipsnyje sprendžia bendrosios kompetencijos ir administracinių teismų kompetencijos atskyrimo problemą teismams nagrinėjant ginčus pensijų kaupimo srityje bei atskleidžia Konstitucinio Teismo jurisprudencijos įtaką pažeistų pensijų kaupimo sistemos dalyvių teisių gynybai. Be to, šiame darbe pateikiama trumpa Europos Sąjungos valstybėse narėse, įskaitant ir Lietuvą, įvykdytų pensijų sistemos reformų raida, siekiant visapusiškai atskleisti kontekstą, kuriame paskutinius kelerius metus veikia pensijų kaupimo sutarties šalys. This article introduces reader (who might be lawyer, academic or any other person who is interested in pension accumulation) to the legal nature of a pension accumulation contract which is one of the most and socially important civil contracts nowadays. The main aim of the article is to qualify pension accumulation contract and to reveal the specific features of pension accumulation contract from perspective of the other civil contracts. Moreover, the author pays attention to the problem of separation of civil and administrative courts' competence by hearing disputes in the area of pension accumulation. As well as the influence of Constitutional court jurisprudence to defence of the violated rights of pension system's participants are analyzed. In addition, this work also provides a brief overview of the pension systems reforms which were made in the European Union Member States (including Lithuania), with intention to disclose fully the context in which pension accumulation contract parties were acting in the last few years.

The Old and Abandoned World War II Military Objects Mapping Since time immemorial, in order to hedge itself and safeguard its assets stalk prey, ancient human used hiding places places created by nature: cliffs, ravines, Landau formed tunnels, caves, trees hollows. Over time, changing conditions of life, when man became sedentary and began to organize themselves into groups, appeared first hints of fortifications, which helped for defense. According to historians, scientists findings, archaeological findings - Lithuania has long been a militant nation, which in the thirteenth century.m created the State of Lithuania. Constantly changing world political situation, Lithuania was necessarily included (depending on the term - and his involuntary) held in military actions in the world. The state claimed in a constant state remedies: fortifications, buildings and so on the XX centurie's third decade the new fortification concept was formed - enshrined in the territory of the districts, which are designed to protect the border. The aim of the thesis - to evaluate old and abandoned military object mapping capabilities. The investigation object is selected Kalvarijos municipality in old and abandoned military sites. Thesis developed research methodology was based on the literature of studies object, cartographical materials and field research evaluation results, which allowed accurate and thorough examination of old and abandoned military object mapping capabilities. In order to accoplish thesis objective, five objects were formulated:the literature analysis and literature review established military items of inventory demand, developed the old and abandoned military object mapping methodology, evaluation of military items in the Kalvarija's municipality mapping capabilities and field studies caried out "Molotov line" sample. During field studies, 28 military installations located in the municipality Kalvarijos data were collected. The study showed that the Lithuania of old and abandoned military cartographic material objects are not sistematized. Data on military objects are incorrect: cartographic database are not available for users, there is no map, too much information, inaccurate localization of objects. One way to identify the subject - object identification in determining the precise coordinates of the object localization by providing descriptive information about the object. Designed for military items - Kalvarija's municipality located in the old and abandoned military objects database that, for military destruction, for finding new or additional, updated information or the occurrence of presence, is not complete. Therefore, in order that the edge of the military objects in the database is accurate and complete, it needs to be constantly adding and updating. Prepared and printed theme, old and abandoned military facilities located Kalvarija's municipality map.

The Old and Abandoned World War II Military Objects Mapping Since time immemorial, in order to hedge itself and safeguard its assets stalk prey, ancient human used hiding places places created by nature: cliffs, ravines, Landau formed tunnels, caves, trees hollows. Over time, changing conditions of life, when man became sedentary and began to organize themselves into groups, appeared first hints of fortifications, which helped for defense. According to historians, scientists findings, archaeological findings - Lithuania has long been a militant nation, which in the thirteenth century.m created the State of Lithuania. Constantly changing world political situation, Lithuania was necessarily included (depending on the term - and his involuntary) held in military actions in the world. The state claimed in a constant state remedies: fortifications, buildings and so on the XX centurie's third decade the new fortification concept was formed - enshrined in the territory of the districts, which are designed to protect the border. The aim of the thesis - to evaluate old and abandoned military object mapping capabilities. The investigation object is selected Kalvarijos municipality in old and abandoned military sites. Thesis developed research methodology was based on the literature of studies object, cartographical materials and field research evaluation results, which allowed accurate and thorough examination of old and abandoned military object mapping capabilities. In order to accoplish thesis objective, five objects were formulated:the literature analysis and literature review established military items of inventory demand, developed the old and abandoned military object mapping methodology, evaluation of military items in the Kalvarija's municipality mapping capabilities and field studies caried out "Molotov line" sample. During field studies, 28 military installations located in the municipality Kalvarijos data were collected. The study showed that the Lithuania of old and abandoned military cartographic material objects are not sistematized. Data on military objects are incorrect: cartographic database are not available for users, there is no map, too much information, inaccurate localization of objects. One way to identify the subject - object identification in determining the precise coordinates of the object localization by providing descriptive information about the object. Designed for military items - Kalvarija's municipality located in the old and abandoned military objects database that, for military destruction, for finding new or additional, updated information or the occurrence of presence, is not complete. Therefore, in order that the edge of the military objects in the database is accurate and complete, it needs to be constantly adding and updating. Prepared and printed theme, old and abandoned military facilities located Kalvarija's municipality map.

The Old and Abandoned World War II Military Objects Mapping Since time immemorial, in order to hedge itself and safeguard its assets stalk prey, ancient human used hiding places places created by nature: cliffs, ravines, Landau formed tunnels, caves, trees hollows. Over time, changing conditions of life, when man became sedentary and began to organize themselves into groups, appeared first hints of fortifications, which helped for defense. According to historians, scientists findings, archaeological findings - Lithuania has long been a militant nation, which in the thirteenth century.m created the State of Lithuania. Constantly changing world political situation, Lithuania was necessarily included (depending on the term - and his involuntary) held in military actions in the world. The state claimed in a constant state remedies: fortifications, buildings and so on the XX centurie's third decade the new fortification concept was formed - enshrined in the territory of the districts, which are designed to protect the border. The aim of the thesis - to evaluate old and abandoned military object mapping capabilities. The investigation object is selected Kalvarijos municipality in old and abandoned military sites. Thesis developed research methodology was based on the literature of studies object, cartographical materials and field research evaluation results, which allowed accurate and thorough examination of old and abandoned military object mapping capabilities. In order to accoplish thesis objective, five objects were formulated:the literature analysis and literature review established military items of inventory demand, developed the old and abandoned military object mapping methodology, evaluation of military items in the Kalvarija's municipality mapping capabilities and field studies caried out "Molotov line" sample. During field studies, 28 military installations located in the municipality Kalvarijos data were collected. The study showed that the Lithuania of old and abandoned military cartographic material objects are not sistematized. Data on military objects are incorrect: cartographic database are not available for users, there is no map, too much information, inaccurate localization of objects. One way to identify the subject - object identification in determining the precise coordinates of the object localization by providing descriptive information about the object. Designed for military items - Kalvarija's municipality located in the old and abandoned military objects database that, for military destruction, for finding new or additional, updated information or the occurrence of presence, is not complete. Therefore, in order that the edge of the military objects in the database is accurate and complete, it needs to be constantly adding and updating. Prepared and printed theme, old and abandoned military facilities located Kalvarija's municipality map.

The Old and Abandoned World War II Military Objects Mapping Since time immemorial, in order to hedge itself and safeguard its assets stalk prey, ancient human used hiding places places created by nature: cliffs, ravines, Landau formed tunnels, caves, trees hollows. Over time, changing conditions of life, when man became sedentary and began to organize themselves into groups, appeared first hints of fortifications, which helped for defense. According to historians, scientists findings, archaeological findings - Lithuania has long been a militant nation, which in the thirteenth century.m created the State of Lithuania. Constantly changing world political situation, Lithuania was necessarily included (depending on the term - and his involuntary) held in military actions in the world. The state claimed in a constant state remedies: fortifications, buildings and so on the XX centurie's third decade the new fortification concept was formed - enshrined in the territory of the districts, which are designed to protect the border. The aim of the thesis - to evaluate old and abandoned military object mapping capabilities. The investigation object is selected Kalvarijos municipality in old and abandoned military sites. Thesis developed research methodology was based on the literature of studies object, cartographical materials and field research evaluation results, which allowed accurate and thorough examination of old and abandoned military object mapping capabilities. In order to accoplish thesis objective, five objects were formulated:the literature analysis and literature review established military items of inventory demand, developed the old and abandoned military object mapping methodology, evaluation of military items in the Kalvarija's municipality mapping capabilities and field studies caried out "Molotov line" sample. During field studies, 28 military installations located in the municipality Kalvarijos data were collected. The study showed that the Lithuania of old and abandoned military cartographic material objects are not sistematized. Data on military objects are incorrect: cartographic database are not available for users, there is no map, too much information, inaccurate localization of objects. One way to identify the subject - object identification in determining the precise coordinates of the object localization by providing descriptive information about the object. Designed for military items - Kalvarija's municipality located in the old and abandoned military objects database that, for military destruction, for finding new or additional, updated information or the occurrence of presence, is not complete. Therefore, in order that the edge of the military objects in the database is accurate and complete, it needs to be constantly adding and updating. Prepared and printed theme, old and abandoned military facilities located Kalvarija's municipality map.

From the point of the EU law, the CJEU has the exclusive competence to interpret the EU legal norms and decide upon validity of the legal acts adopted by the EU institutions because it is the most effective method to ensure the unilateral interpretation of the EU law and to prevent its fragmentation. Thus, it can be presumed that all disputes between the Member States regarding the EU law must be solved by the CJEU. The paper aims at finding the answer to the question whether international courts under the international law must refuse their jurisdiction in cases where disputes of the Member States relate with the EU law. With the view of this aim, arguments arising from the international law (for instance, prohibition of intervening into affairs of another legal system, prohibition of abuse of laws), on the basis of which an international court should decline its jurisdiction, and applicability of such arguments to the situation discussed is assessed and an independent approach is formulated. ; Tarptautinės teisės ir Europos Sąjungos teisės koreliacija neišvengiama ir tai sukelia aktualių teorinio bei praktinio pobūdžio problemų. Viena iš jų – Europos Sąjungos Teisingumo Teismo ir tarptautinių teismų jurisdikcijos atskyrimo problema. Pastaruoju metu šis klausimas tampa ypač aktualus ir tai susiję su vis ryškesniu Europos Sąjungos vaidmeniu tarptautinėje arenoje. ES yra prisijungusi prie daugelio tarptautinių sutarčių, dalis jų numato atskiras ginčų sprendimo institucijas, kurioms suteikta kompetencija spęsti ginčus, kylančius dėl tokių susitarimų aiškinimo ir taikymo. Tačiau pagal ES teisę išimtiniai įgaliojimai aiškinti ES teisės normas suteikti ESTT. Teismas yra nustatęs ir savo išimtinius įgaliojimus aiškinti tas mišrių sutarčių nuostatas, dėl kurių Sąjunga turi kompetenciją. Taigi galėtume teigti, kad valstybės narės visus tarpusavio ginčus, kylančius iš ES teisės, įskaitant ir mišrios sutarties nuostatas, dėl kurių Sąjunga turi kompetenciją, privalo spręsti ESTT. Todėl jų kreipimasis į kitą tarptautinį teismą (arbitražą) pažeistų išimtinius ESTT įgaliojimus pagal Sutarties dėl Europos Sąjungos veikimo (toliau tekste – SESV) 344 straipsnį, o tai galėtų inspiruoti Europos Komisiją pradėti ginčo sprendimo procedūrą ESTT pagal SESV 258 straipsnį Išimtinių įgaliojimų aiškinti ES teisės normas bei spręsti dėl ES institucijų priimtų teisės aktų galiojimo suteikimas ESTT yra efektyviausias būdas užtikrinti vienodą ES teisės aiškinimą ir užkirsti kelią ES teisės fragmentacijai. Vis dėlto šie išimtiniai ESTT įgaliojimai paremti argumentais, išplaukiančiais iš ES teisinės sistemos sui generis pobūdžio. Tuo tarpu šioje publikacijoje siekiama pažvelgti į ESTT ir tarptautinių teismų jurisdikcijos atskyrimo klausimą ne tik iš ES teisės, bet ir iš tarptautinės teisės pozicijų. Todėl siekėme atsakyti į klausimą, ar tarptautiniai teismai pagal tarptautinę teisę privalo paneigti savo jurisdikciją tuo atveju, jei ginčas tarp valstybių narių siejasi su ES teise. Šiuo tikslu analizavome tam tikrus tarptautinių teismų sprendimus, kurie iliustruoja jų požiūrį į ESTT išimtinius įgaliojimus aiškinti ES teisės normas. Nors, kaip rodo teismų praktika, jie yra linkę paneigti savo jurisdikciją tuo atveju, jei mano, kad ginčas priskirtinas kito teismo išimtinei jurisdikcijai, tačiau nepateikia aiškių tokios pozicijos teisinių argumentų. Todėl publikacijoje analizavome iš tarptautinės teisės kylančius argumentus (pavyzdžiui, draudimo kištis į svetimos teisinės sistemos reikalus, draudimo piktnaudžiauti teise), kuriais remdamasis tarptautinis teismas privalėtų paneigti savo jurisdikciją, bei formuluodami savarankišką požiūrį vertinome tokių argumentų tinkamumą aptariamai situacijai.

There is a number of important aspects due to which the interpretation of the definition of a 'worker' is relevant and problematic. Neither primary EU law that sets out the basic provision of free movement of workers, nor secondary legislation that was passed to implement Article 45, propose the definition of a 'worker'. The interpretation of the definition of a 'worker' is important, as it determines the width of the application of the principle of free movement of workers that is fundamental to the EU. The Court of Justice of the EU determines three elements of the definition of a 'worker': (1) employment performance; (2) relationship of subordination; (3) remuneration. The content of these elements is not sufficiently elaborated and clear. The interpretation of the first element is the most problematic. Therefore, in this publication, the author analyzes the specification of 'effective and genuine' activities and deals with the problem of rehabilitation or reintegration activities of persons employed under special programs and of those who perform preparatory services. Through a disclosure of the contents of the second element, the author analyzes the question of the differentiation of employed and self-employed persons and the issue of the attribution of a company's management personnel to the field of the application of Artcle 45. What regards the third element (remuneration), the author makes an attempt to determine whether the rate of pay, especially when it is below the state's standard of living, may be crucial for the recognition of an employee's status.

There is a number of important aspects due to which the interpretation of the definition of a 'worker' is relevant and problematic. Neither primary EU law that sets out the basic provision of free movement of workers, nor secondary legislation that was passed to implement Article 45, propose the definition of a 'worker'. The interpretation of the definition of a 'worker' is important, as it determines the width of the application of the principle of free movement of workers that is fundamental to the EU. The Court of Justice of the EU determines three elements of the definition of a 'worker': (1) employment performance; (2) relationship of subordination; (3) remuneration. The content of these elements is not sufficiently elaborated and clear. The interpretation of the first element is the most problematic. Therefore, in this publication, the author analyzes the specification of 'effective and genuine' activities and deals with the problem of rehabilitation or reintegration activities of persons employed under special programs and of those who perform preparatory services. Through a disclosure of the contents of the second element, the author analyzes the question of the differentiation of employed and self-employed persons and the issue of the attribution of a company's management personnel to the field of the application of Artcle 45. What regards the third element (remuneration), the author makes an attempt to determine whether the rate of pay, especially when it is below the state's standard of living, may be crucial for the recognition of an employee's status.

On December 2014, the Court of Justice of the European Union adopted one of the most controversial decisions in recent decades—the famous Opinion 2/13 that precluded the European Union from acceding to the European Convention on Human Rights. This article engages in the analysis of the co-respondent mechanism—one of the most significant features of the Draft Agreement for the accession of the European Union to the Convention. The co-respondent mechanism was intentionally designed to preserve the specific characteristics of the European Union law by precluding the European Court of Human Rights from solving the complex questions of the internal competence division of the European Union. However, notwithstanding that the European Commission and most of the Member States had not seen any significant threats caused by the mechanism, the Luxembourg court rejected the mechanism due to the European Union's motives for the protection of autonomy. This article analyzes and assesses the objections presented by the Court.

ABSTRACT
This article analyzes the purpose of the action for failure to act under article 265 of the Treaty on the Functioning of the European Union (TFEU). The statements are derived from the analysis of scientific literature, relevant legislation, practice of the European Union Court of Justice (CJEU) and the European Union General Court (EUGC). Useful information has also been obtained from the opinions of general advocates of the CJEU. The article of TFEU 265, which governs the action for failure to act, is very abstract. For this reason, a whole procedure under the article 265 TFEU was developed by the EU courts. The original purpose of the action for failure to act was to constitute whether European Union (EU) institution properly fulfilled its obligations under the EU legislation. However, in the course of case-law, a mere EU institution's express refusal to fulfill its duties became sufficient to constitute that the EU institution acted and therefore action for failure to act became devoid of purpose. This article analyzes whether the action for failure to act has lost its purpose and become an ineffective legal remedy in the system of judicial review in the EU. Additionally, the action for failure to act is compared to similar national actions.

Distance teaching and learning in Lithuanian schools during COVID-19 pandemic was a booster for teacher digital competence development. The paper analysis the experiences of Lithuanian school teachers to reveal the challenges schools and teachers faced while switching from traditional face to face teaching and learning to distance education. The research revealed existence of different level teacher digital competences at a school and uneven competence development in each school. The analysis of experiences of Lithuanian school teachers through the lens of DigCompEdu framework revealed that professional development competence was the background for other competence areas to develop. The need for digital resources for teaching online contributed to the teacher digital competence development of this area. Digital assessment was indicated as the main challenge that remained unsolved in many cases. Research found that technological peculiarities were easier to learn and showed the need to develop teacher social and didactical competences which are necessary for distance teaching. Lack of activities to empower learners and develop their digital competences was recorded. Teachers themselves acknowledged great improvement of their digital competence.

Technology is leading to tremendous changes in social political, cultural, and economic life. Castells (2004) argues that the key factor distinguishing contemporary society is the fact that the use of technologies helps to create and sustain far-flung networks in which new kinds of social relationships and communication are created (p. 3). The new phenomenon of Digital and Network Society (DNS) has emerged which creates a new culture and requests new learning modes. European Digital Economy and Society Index (DESI, 2018) data show that in 2017, 79% of Europeans went online regularly (at least once a week). 70% of Europeans read news online and 65% use social networks. The largest increase relates to the use of the Internet for voice and video calls, where the share of the Internet users went from 39% in 2016 to 46% in 2017. Digital technologies and networks are leading to changes in the way we learn and relate to each other and, most importantly, it encourages openness to learning by using a variety of tools, resources and environments. The necessity of openness in learning is widely discussed among scholars (Judith & Bull, 2016; Santos-Hermosa, Ferran-Ferrer, & Abadal, 2017). The research results (Rolfe, 2017) are used to help create meaningful messages for communication on openness in and for learning. The role of personal practice, learner benefits, content, institution, value and culture need to be stressed. DNS members learn in new, timeless and borderless, spaces. Such society members are always connected and online, sharing and co-creating knowledge, and their learning needs serve as the greatest driving forces for higher education (HE) curriculum change. Research results show that there are various factors affecting the need for HE curriculum change, including the fourth industrial revolution (Schmidt, 2017), emerging technologies, open educational resources (McGreal, 2017; Redecker, 2017)[.] ; Edukologijos tyrimų institutas ; Humanitarinių mokslų fakultetas ; Vytauto Didžiojo universitetas ; Švietimo akademija