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This article analyses the special legal regimes that were introduced in Lithuania which dealt with the COVID-19 pandemic during the spring of 2020 and which decided on extraordinary measures in order to contain the spread of this vicious transmissible disease, and how the right to vote was ensured during the 2020 Parliament (Seimas) elections. After examining these special legal regimes, the article concludes that according to the Constitution, the threat to public health, inter alia caused by the worldwide spread of a vicious contagious disease, is not a constitutional ground for introducing a state of emergency per se, unless this threat to public health menaces the constitutional order or social peace. Therefore, the establishment of other special legal regimes – a disaster management regime and quarantine – was chosen, and were introduced by the government in accordance with the law. The analysis in this article shows that the right to vote during the 2020 Seimas elections was proportionately restricted due to the pandemic, and the pandemic did not prevent the holding of general, secret and direct parliamentary elections. The pandemic forced the Seimas to adopt long-awaited amendments to the laws that legalized electronic voting in the country. ; agne.juskeviciute-viliene@tf.vu.lt ; Agnė Juškevičiūtė-Vilienė – Assistant Prof. Dr. at the Faculty of Law, Vilnius University, Lithuania. ; Vilnius University, Lithuania ; Ayala Corao, C., Challenges that the COVID-19 Pandemic Poses to the Rule of Law, Democracy, and Human Rights, Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2020–23, https://ssrn.com/abstract=3638158. ; Birmontienė, T. and Miliuvienė J., Konstituciniai reikalavimai valstybės valdžios institucijoms reaguojant į pandemijos padiktuotus iššūkius Lietuvoje, (in:) L. Jakulevičienė and V. Sinkevičius (eds.), Lietuvos teisė 2020. Esminiai pokyčiai I dalis. COVID-19 pandemijos sprendimai: teisiniai, valdymo ir ekonominiai aspektai, Vilnius 2020, pp. 7–22. ...

This dissertation presents an interdisciplinary thematic scientific research comprehensively and systematically exploring the constitutional foundations consolidated in the Constitution of the Republic of Lithuania for the freedom of individual economic activity. The dissertation analyses the said foundations of the freedom of individual economic activity from the interdisciplinary comparative, historical, economic and legal perspectives, identifies the beginnings of this freedom and discloses its concept, the entities under protection and the possibilities of its limitation. The dissertation consists of four main parts. In the first part of the dissertation, the research object is analysed from the economic perspective, while seeking to disclose the economic and political concept of the freedom of economic activity. The second part of the dissertation gives a retrospective view of the guarantees of the freedom of individual economic activity at the highest legal level in Lithuania, by discussing the historical genesis of this freedom and analysing the historical developments, which bring to light the historical conditions of the legal regulation governing economic relations. The third part of the dissertation provides an analysis of the constitutional foundations laid down in the 1992 Constitution for the freedom of individual economic activity and the constitutional jurisprudence interpreting them. The research includes an integrated assessment of the constitutional concept of the freedom of individual economic activity, the circle of the entities concerned and the conditions limiting this freedom. The fourth part of the dissertation presents the doctrine of international courts (the ECtHR and the CJEU) interpreting the concept of the freedom of individual economic activity as guaranteed under the European Convention on Human Rights and EU law, the circle of the entities concerned and the conditions limiting this freedom. This part of the dissertation provides the practical examples of the limitations of the freedom of individual economic activity from the case law of the ECtHR and the CJEU, which are of relevance to economic relations in Lithuanian markets.

This dissertation presents an interdisciplinary thematic scientific research comprehensively and systematically exploring the constitutional foundations consolidated in the Constitution of the Republic of Lithuania for the freedom of individual economic activity. The dissertation analyses the said foundations of the freedom of individual economic activity from the interdisciplinary comparative, historical, economic and legal perspectives, identifies the beginnings of this freedom and discloses its concept, the entities under protection and the possibilities of its limitation. The dissertation consists of four main parts. In the first part of the dissertation, the research object is analysed from the economic perspective, while seeking to disclose the economic and political concept of the freedom of economic activity. The second part of the dissertation gives a retrospective view of the guarantees of the freedom of individual economic activity at the highest legal level in Lithuania, by discussing the historical genesis of this freedom and analysing the historical developments, which bring to light the historical conditions of the legal regulation governing economic relations. The third part of the dissertation provides an analysis of the constitutional foundations laid down in the 1992 Constitution for the freedom of individual economic activity and the constitutional jurisprudence interpreting them. The research includes an integrated assessment of the constitutional concept of the freedom of individual economic activity, the circle of the entities concerned and the conditions limiting this freedom. The fourth part of the dissertation presents the doctrine of international courts (the ECtHR and the CJEU) interpreting the concept of the freedom of individual economic activity as guaranteed under the European Convention on Human Rights and EU law, the circle of the entities concerned and the conditions limiting this freedom. This part of the dissertation provides the practical examples of the limitations of the freedom of individual economic activity from the case law of the ECtHR and the CJEU, which are of relevance to economic relations in Lithuanian markets.

This dissertation presents an interdisciplinary thematic scientific research comprehensively and systematically exploring the constitutional foundations consolidated in the Constitution of the Republic of Lithuania for the freedom of individual economic activity. The dissertation analyses the said foundations of the freedom of individual economic activity from the interdisciplinary comparative, historical, economic and legal perspectives, identifies the beginnings of this freedom and discloses its concept, the entities under protection and the possibilities of its limitation. The dissertation consists of four main parts. In the first part of the dissertation, the research object is analysed from the economic perspective, while seeking to disclose the economic and political concept of the freedom of economic activity. The second part of the dissertation gives a retrospective view of the guarantees of the freedom of individual economic activity at the highest legal level in Lithuania, by discussing the historical genesis of this freedom and analysing the historical developments, which bring to light the historical conditions of the legal regulation governing economic relations. The third part of the dissertation provides an analysis of the constitutional foundations laid down in the 1992 Constitution for the freedom of individual economic activity and the constitutional jurisprudence interpreting them. The research includes an integrated assessment of the constitutional concept of the freedom of individual economic activity, the circle of the entities concerned and the conditions limiting this freedom. The fourth part of the dissertation presents the doctrine of international courts (the ECtHR and the CJEU) interpreting the concept of the freedom of individual economic activity as guaranteed under the European Convention on Human Rights and EU law, the circle of the entities concerned and the conditions limiting this freedom. This part of the dissertation provides the practical examples of the limitations of the freedom of individual economic activity from the case law of the ECtHR and the CJEU, which are of relevance to economic relations in Lithuanian markets.

This dissertation presents an interdisciplinary thematic scientific research comprehensively and systematically exploring the constitutional foundations consolidated in the Constitution of the Republic of Lithuania for the freedom of individual economic activity. The dissertation analyses the said foundations of the freedom of individual economic activity from the interdisciplinary comparative, historical, economic and legal perspectives, identifies the beginnings of this freedom and discloses its concept, the entities under protection and the possibilities of its limitation. The dissertation consists of four main parts. In the first part of the dissertation, the research object is analysed from the economic perspective, while seeking to disclose the economic and political concept of the freedom of economic activity. The second part of the dissertation gives a retrospective view of the guarantees of the freedom of individual economic activity at the highest legal level in Lithuania, by discussing the historical genesis of this freedom and analysing the historical developments, which bring to light the historical conditions of the legal regulation governing economic relations. The third part of the dissertation provides an analysis of the constitutional foundations laid down in the 1992 Constitution for the freedom of individual economic activity and the constitutional jurisprudence interpreting them. The research includes an integrated assessment of the constitutional concept of the freedom of individual economic activity, the circle of the entities concerned and the conditions limiting this freedom. The fourth part of the dissertation presents the doctrine of international courts (the ECtHR and the CJEU) interpreting the concept of the freedom of individual economic activity as guaranteed under the European Convention on Human Rights and EU law, the circle of the entities concerned and the conditions limiting this freedom. This part of the dissertation provides the practical examples of the limitations of the freedom of individual economic activity from the case law of the ECtHR and the CJEU, which are of relevance to economic relations in Lithuanian markets.

This article reveals historical circumstances of how the freedom of economic activity was formed and how it was incorporated into the Lithuanian constitutional law. The article indicates and describes general global circumstances that formed the freedom of economic activity (considering the influence of mercantilism), and it focuses on the more significant ideas of the classical liberal theory of economics that influenced the emergence of economic freedom the most positively. After discussing the formation of economic freedom in the world, the article describes circumstances that influenced its entrenchment in the Lithuanian constitutional law after the restoration of independence. The study showed that after the restoration of independence in the Republic of Lithuania, there was a need for the new Constitution, which was dictated by statehood, democracy, and free-market. The variety of Constitution projects by the Supreme Council of the Republic of Lithuania, various political parties, associations, and academics shows that there were various opinions on the structure of state and the legal status of an individual. However, thoughts on economic freedom were the same: it was intended to guarantee freedom for economic entities in order to choose and engage in economic activity, and the state should execute a protective function – to regulate the process of economic activity in such way, so that it would guarantee its freedom – rather than regulate the market. Considering the ideas of economic liberalism, the Constitution of 1992 emphasized limited constitutional power the state government in the field of economy, determining its competencies, constitutional balance, and cooperation with economic entities; it constitutionally entrenched rights and freedoms of economic entities, their defense methods.

This article reveals historical circumstances of how the freedom of economic activity was formed and how it was incorporated into the Lithuanian constitutional law. The article indicates and describes general global circumstances that formed the freedom of economic activity (considering the influence of mercantilism), and it focuses on the more significant ideas of the classical liberal theory of economics that influenced the emergence of economic freedom the most positively. After discussing the formation of economic freedom in the world, the article describes circumstances that influenced its entrenchment in the Lithuanian constitutional law after the restoration of independence. The study showed that after the restoration of independence in the Republic of Lithuania, there was a need for the new Constitution, which was dictated by statehood, democracy, and free-market. The variety of Constitution projects by the Supreme Council of the Republic of Lithuania, various political parties, associations, and academics shows that there were various opinions on the structure of state and the legal status of an individual. However, thoughts on economic freedom were the same: it was intended to guarantee freedom for economic entities in order to choose and engage in economic activity, and the state should execute a protective function – to regulate the process of economic activity in such way, so that it would guarantee its freedom – rather than regulate the market. Considering the ideas of economic liberalism, the Constitution of 1992 emphasized limited constitutional power the state government in the field of economy, determining its competencies, constitutional balance, and cooperation with economic entities; it constitutionally entrenched rights and freedoms of economic entities, their defense methods.

Using comparative method, this article analyses constitutional basics of freedom of economic activity provided in the Constitutions of Lithuania, Poland, and Germany and their constitutional jurisprudence. The article is divided into three sections that respectively analyse the content of freedom of economic activity, its subjects, and the guaranteed limit of freedom of economic activity. The novelty of the article is demonstrated by the analysis of constitutional jurisprudence on freedom of economic activity in Lithuania, Poland, and Germany. The research showed that some countries recognize the freedom of economic activity as a constitutional subject right, and the others – as the economic basics of state that create the constitutional principle. Legal status of economic activity subjects in Germany and Poland are differentiated according to their form of property. Meanwhile, all Constitutional Courts of analysed countries distinguish the same special limitation conditions for economic activity: these limits should be prescribed by legislation and be based on public interest. The article provides the analysis of constitutional freedom of individual economic activity and initiative, which provides with assumption that this freedom will become simpler for both institutions that create the state economic policy and subjects that implement this freedom. ; Šiame straipsnyje lyginamuoju aspektu analizuojami ūkinės veiklos laisvės konstituciniai pagrindai, įtvirtinti Lietuvos, Lenkijos ir Vokietijos konstitucijose. Straipsnis suskirstytas į tris dalis: pirmoje dalyje atskleidžiama ūkinės veiklos laisvės sąvokų įvairovė, antrojoje – aptariami šios laisvės subjektai, o trečiojoje nagrinėjamos ūkinės veiklos laisvės ribojimo galimybės ir būtinybė, atskleistos nurodytų valstybių konstitucinėje jurisprudencijoje.

This article reveals historical circumstances of how the freedom of economic activity was formed and how it was incorporated into the Lithuanian constitutional law. The article indicates and describes general global circumstances that formed the freedom of economic activity (considering the influence of mercantilism), and it focuses on the more significant ideas of the classical liberal theory of economics that influenced the emergence of economic freedom the most positively. After discussing the formation of economic freedom in the world, the article describes circumstances that influenced its entrenchment in the Lithuanian constitutional law after the restoration of independence. The study showed that after the restoration of independence in the Republic of Lithuania, there was a need for the new Constitution, which was dictated by statehood, democracy, and free-market. The variety of Constitution projects by the Supreme Council of the Republic of Lithuania, various political parties, associations, and academics shows that there were various opinions on the structure of state and the legal status of an individual. However, thoughts on economic freedom were the same: it was intended to guarantee freedom for economic entities in order to choose and engage in economic activity, and the state should execute a protective function – to regulate the process of economic activity in such way, so that it would guarantee its freedom – rather than regulate the market. Considering the ideas of economic liberalism, the Constitution of 1992 emphasized limited constitutional power the state government in the field of economy, determining its competencies, constitutional balance, and cooperation with economic entities; it constitutionally entrenched rights and freedoms of economic entities, their defense methods. ; Šio straipsnio tikslas – išanalizuoti ūkinės veiklos laisvės susiformavimą tarpdisciplininiu požiūriu. Straipsnis suskirstytas į dvi dalis: pirmojoje dalyje atskleidžiamos ekonominio liberalizmo atsiradimo pasaulyje aplinkybės, atsižvelgiant į ekonominės minties istoriją, antrojoje dalyje nagrinėjamas ekonominės laisvės idėjos inkorporavimas ir konstitucionalizavimas Lietuvos Respublikos teisės sistemoje iš teisės istorijos ir konstitucinės teisės perspektyvos. Nors straipsnyje pateikiami ekonomikos mokslo istorijos fragmentai, tačiau jis skirtas visų pirma teisės mokslui reikšmingų aspektų analizei.

This article reveals historical circumstances of how the freedom of economic activity was formed and how it was incorporated into the Lithuanian constitutional law. The article indicates and describes general global circumstances that formed the freedom of economic activity (considering the influence of mercantilism), and it focuses on the more significant ideas of the classical liberal theory of economics that influenced the emergence of economic freedom the most positively. After discussing the formation of economic freedom in the world, the article describes circumstances that influenced its entrenchment in the Lithuanian constitutional law after the restoration of independence. The study showed that after the restoration of independence in the Republic of Lithuania, there was a need for the new Constitution, which was dictated by statehood, democracy, and free-market. The variety of Constitution projects by the Supreme Council of the Republic of Lithuania, various political parties, associations, and academics shows that there were various opinions on the structure of state and the legal status of an individual. However, thoughts on economic freedom were the same: it was intended to guarantee freedom for economic entities in order to choose and engage in economic activity, and the state should execute a protective function – to regulate the process of economic activity in such way, so that it would guarantee its freedom – rather than regulate the market. Considering the ideas of economic liberalism, the Constitution of 1992 emphasized limited constitutional power the state government in the field of economy, determining its competencies, constitutional balance, and cooperation with economic entities; it constitutionally entrenched rights and freedoms of economic entities, their defense methods.

This article reveals historical circumstances of how the freedom of economic activity was formed and how it was incorporated into the Lithuanian constitutional law. The article indicates and describes general global circumstances that formed the freedom of economic activity (considering the influence of mercantilism), and it focuses on the more significant ideas of the classical liberal theory of economics that influenced the emergence of economic freedom the most positively. After discussing the formation of economic freedom in the world, the article describes circumstances that influenced its entrenchment in the Lithuanian constitutional law after the restoration of independence. The study showed that after the restoration of independence in the Republic of Lithuania, there was a need for the new Constitution, which was dictated by statehood, democracy, and free-market. The variety of Constitution projects by the Supreme Council of the Republic of Lithuania, various political parties, associations, and academics shows that there were various opinions on the structure of state and the legal status of an individual. However, thoughts on economic freedom were the same: it was intended to guarantee freedom for economic entities in order to choose and engage in economic activity, and the state should execute a protective function – to regulate the process of economic activity in such way, so that it would guarantee its freedom – rather than regulate the market. Considering the ideas of economic liberalism, the Constitution of 1992 emphasized limited constitutional power the state government in the field of economy, determining its competencies, constitutional balance, and cooperation with economic entities; it constitutionally entrenched rights and freedoms of economic entities, their defense methods.

The right-wing populist Law and Justice party , which came to power in 2015 in Poland, sought not only to implement its conservative and Christian ideas through the executive and the legislative powers, but also to influence the justice. This article presents an analysis of legal acts adopted or amended on the initiative of this ruling party, which shows how the judicial power has been systematically usurped by this political party, in spite of the constitutional principle of the separation of powers, and states that the principle of judicial independence has been violated.

The right-wing populist Law and Justice party , which came to power in 2015 in Poland, sought not only to implement its conservative and Christian ideas through the executive and the legislative powers, but also to influence the justice. This article presents an analysis of legal acts adopted or amended on the initiative of this ruling party, which shows how the judicial power has been systematically usurped by this political party, in spite of the constitutional principle of the separation of powers, and states that the principle of judicial independence has been violated. ; 2015m. Lenkijoje į valdžią atėjusios dešiniosios populistinės partijos "Teisė ir teisingumas" siekis buvo ne tik įgyvendinti savo konservatyvias ir krikščioniškąsias idėjas, pasitelkiant vykdomosios ir įstatymų leidžiamosios valdžios galias, bet ir daryti poveikį teisingumui vykdyti. Straipsnyje pateikiama šios valdančiosios partijos iniciatyva priimtų ar pakeistų teisės aktų analizė, kuri atskleidžia, kaip sistemingai, nepaisant konstitucinio valdžių padalijimo principo, buvo uzurpuota teisminė valdžia, pažeidžiamas teismo nepriklausomumo principas.

The right-wing populist Law and Justice party , which came to power in 2015 in Poland, sought not only to implement its conservative and Christian ideas through the executive and the legislative powers, but also to influence the justice. This article presents an analysis of legal acts adopted or amended on the initiative of this ruling party, which shows how the judicial power has been systematically usurped by this political party, in spite of the constitutional principle of the separation of powers, and states that the principle of judicial independence has been violated.

The right-wing populist Law and Justice party , which came to power in 2015 in Poland, sought not only to implement its conservative and Christian ideas through the executive and the legislative powers, but also to influence the justice. This article presents an analysis of legal acts adopted or amended on the initiative of this ruling party, which shows how the judicial power has been systematically usurped by this political party, in spite of the constitutional principle of the separation of powers, and states that the principle of judicial independence has been violated.