Suchergebnisse

The article deals with the impact of the world economic crisis that caught Lithuania in 2008, and the measures to overcome it, on Lithuania's legal system. The legal system is treated as a concept much wider than the system of positive law, statutory and jurisprudential. It includes inter alia legal mentality, legal culture and practice of law-making and law-applying institutions. In this sense, the crisis and the measures designed to overcome it have produced a much wider impact on the legal system, than merely intervention to the positive law (different areas of legal regulation), because the legal standards of a democratic regime have underwent change: the settled standards of the rule of law and the protection of human rights have been lowered as the legal system appeared to be no longer able to secure defence of certain rights. This is a general hypothesis which has to be tested in the framework of the research project "Challenges of the Economic Crisis (Recession) for the Rule of Law and Human Rights", conducted by the scholars of the Faculty of Law of Vilnius University. This article is introductory in relation to other articles written within the said project and published in this issue of "Teisė". The articles discusses at length the methodological avenue along which distinct parts of the research have to be further developed, that is dimensions, or fields of tension, where opposition between law and other phenomena show: (i) law v. economic reality; (ii) law v. politics; (iii) law v. society. The research aims at showing how, in each of the segments of the human rights catalogue, and to what extent economic inevitability has induced the lowering of the settled standards of the rule of law and the protection of human rights and, on the other hand, where there lies a boundary of these standards which even economic inevitability is not able to force the legal system to overstep. Also, the research has to show what political initiatives aimed at self-protection of anti-crisis policy (and policy/politics at large) against judicial control have been promoted, and what is the condition of society which either allows these initiatives to be implemented or hinders them. In order to draw on the latter aspect, a representative opinion research was conducted in the framework of the research project, which has produced results testifying of some auspiciousness of the social medium for such situation where policy/politics is less controlled by law than in the pre-crisis times.

The article deals with the impact of the world economic crisis that caught Lithuania in 2008, and the measures to overcome it, on Lithuania's legal system. The legal system is treated as a concept much wider than the system of positive law, statutory and jurisprudential. It includes inter alia legal mentality, legal culture and practice of law-making and law-applying institutions. In this sense, the crisis and the measures designed to overcome it have produced a much wider impact on the legal system, than merely intervention to the positive law (different areas of legal regulation), because the legal standards of a democratic regime have underwent change: the settled standards of the rule of law and the protection of human rights have been lowered as the legal system appeared to be no longer able to secure defence of certain rights. This is a general hypothesis which has to be tested in the framework of the research project "Challenges of the Economic Crisis (Recession) for the Rule of Law and Human Rights", conducted by the scholars of the Faculty of Law of Vilnius University. This article is introductory in relation to other articles written within the said project and published in this issue of "Teisė". The articles discusses at length the methodological avenue along which distinct parts of the research have to be further developed, that is dimensions, or fields of tension, where opposition between law and other phenomena show: (i) law v. economic reality; (ii) law v. politics; (iii) law v. society. The research aims at showing how, in each of the segments of the human rights catalogue, and to what extent economic inevitability has induced the lowering of the settled standards of the rule of law and the protection of human rights and, on the other hand, where there lies a boundary of these standards which even economic inevitability is not able to force the legal system to overstep. Also, the research has to show what political initiatives aimed at self-protection of anti-crisis policy (and policy/politics at large) against judicial control have been promoted, and what is the condition of society which either allows these initiatives to be implemented or hinders them. In order to draw on the latter aspect, a representative opinion research was conducted in the framework of the research project, which has produced results testifying of some auspiciousness of the social medium for such situation where policy/politics is less controlled by law than in the pre-crisis times.

The article deals with the impact of the world economic crisis that caught Lithuania in 2008, and the measures to overcome it, on Lithuania's legal system. The legal system is treated as a concept much wider than the system of positive law, statutory and jurisprudential. It includes inter alia legal mentality, legal culture and practice of law-making and law-applying institutions. In this sense, the crisis and the measures designed to overcome it have produced a much wider impact on the legal system, than merely intervention to the positive law (different areas of legal regulation), because the legal standards of a democratic regime have underwent change: the settled standards of the rule of law and the protection of human rights have been lowered as the legal system appeared to be no longer able to secure defence of certain rights. This is a general hypothesis which has to be tested in the framework of the research project "Challenges of the Economic Crisis (Recession) for the Rule of Law and Human Rights", conducted by the scholars of the Faculty of Law of Vilnius University. This article is introductory in relation to other articles written within the said project and published in this issue of "Teisė". The articles discusses at length the methodological avenue along which distinct parts of the research have to be further developed, that is dimensions, or fields of tension, where opposition between law and other phenomena show: (i) law v. economic reality; (ii) law v. politics; (iii) law v. society. The research aims at showing how, in each of the segments of the human rights catalogue, and to what extent economic inevitability has induced the lowering of the settled standards of the rule of law and the protection of human rights and, on the other hand, where there lies a boundary of these standards which even economic inevitability is not able to force the legal system to overstep. Also, the research has to show what political initiatives aimed at self-protection of anti-crisis policy (and policy/politics at large) against judicial control have been promoted, and what is the condition of society which either allows these initiatives to be implemented or hinders them. In order to draw on the latter aspect, a representative opinion research was conducted in the framework of the research project, which has produced results testifying of some auspiciousness of the social medium for such situation where policy/politics is less controlled by law than in the pre-crisis times.

The article deals with the impact of the world economic crisis that caught Lithuania in 2008, and the measures to overcome it, on Lithuania's legal system. The legal system is treated as a concept much wider than the system of positive law, statutory and jurisprudential. It includes inter alia legal mentality, legal culture and practice of law-making and law-applying institutions. In this sense, the crisis and the measures designed to overcome it have produced a much wider impact on the legal system, than merely intervention to the positive law (different areas of legal regulation), because the legal standards of a democratic regime have underwent change: the settled standards of the rule of law and the protection of human rights have been lowered as the legal system appeared to be no longer able to secure defence of certain rights. This is a general hypothesis which has to be tested in the framework of the research project "Challenges of the Economic Crisis (Recession) for the Rule of Law and Human Rights", conducted by the scholars of the Faculty of Law of Vilnius University. This article is introductory in relation to other articles written within the said project and published in this issue of "Teisė". The articles discusses at length the methodological avenue along which distinct parts of the research have to be further developed, that is dimensions, or fields of tension, where opposition between law and other phenomena show: (i) law v. economic reality; (ii) law v. politics; (iii) law v. society. The research aims at showing how, in each of the segments of the human rights catalogue, and to what extent economic inevitability has induced the lowering of the settled standards of the rule of law and the protection of human rights and, on the other hand, where there lies a boundary of these standards which even economic inevitability is not able to force the legal system to overstep. Also, the research has to show what political initiatives aimed at self-protection of anti-crisis policy (and policy/politics at large) against judicial control have been promoted, and what is the condition of society which either allows these initiatives to be implemented or hinders them. In order to draw on the latter aspect, a representative opinion research was conducted in the framework of the research project, which has produced results testifying of some auspiciousness of the social medium for such situation where policy/politics is less controlled by law than in the pre-crisis times. ; Straipsnis yra įvadinis šiame "Teisės" numeryje publikuojamų straipsnių, parašytų vykdant tyrimą "Ekonominės krizės (recesijos) iššūkiai teisės viešpatavimui ir žmogaus teisėms", atžvilgiu. Jame aptariamas 2008 m. Lietuvą užklupusios pasaulinės ekonominės krizės ir jos įveikimo priemonių poveikis Lietuvos teisinei sistemai. Keliama hipotezė, kad krizės ir jos įveikimo priemonių poveikis teisinei sistemai yra platesnis nei intervencija į pozityviąją teisę (tam tikras teisinio reguliavimo sritis), nes pakinta demokratinio režimo teisiniai standartai: teisinei sistemai nepajėgiant užtikrinti tam tikrų subjektinių teisių gynimo, susiklostę teisės viešpatavimo ir žmogaus teisių apsaugos standartai pažeminami. Išskiriami trys matmenys, pagal kuriuos turėtų būti plėtojamos atskiros tyrimo dalys, – įtampos laukai, kuriuose reiškiasi krizės veikiamos teisės ir kitų fenomenų priešstata: (i) teisė v. ekonominė tikrovė; (ii) teisė v. politika; (iii) teisė v. visuomenė.

The article deals with the impact of the world economic crisis that caught Lithuania in 2008, and the measures to overcome it, on Lithuania's legal system. The legal system is treated as a concept much wider than the system of positive law, statutory and jurisprudential. It includes inter alia legal mentality, legal culture and practice of law-making and law-applying institutions. In this sense, the crisis and the measures designed to overcome it have produced a much wider impact on the legal system, than merely intervention to the positive law (different areas of legal regulation), because the legal standards of a democratic regime have underwent change: the settled standards of the rule of law and the protection of human rights have been lowered as the legal system appeared to be no longer able to secure defence of certain rights. This is a general hypothesis which has to be tested in the framework of the research project "Challenges of the Economic Crisis (Recession) for the Rule of Law and Human Rights", conducted by the scholars of the Faculty of Law of Vilnius University. This article is introductory in relation to other articles written within the said project and published in this issue of "Teisė". The articles discusses at length the methodological avenue along which distinct parts of the research have to be further developed, that is dimensions, or fields of tension, where opposition between law and other phenomena show: (i) law v. economic reality; (ii) law v. politics; (iii) law v. society. The research aims at showing how, in each of the segments of the human rights catalogue, and to what extent economic inevitability has induced the lowering of the settled standards of the rule of law and the protection of human rights and, on the other hand, where there lies a boundary of these standards which even economic inevitability is not able to force the legal system to overstep. Also, the research has to show what political initiatives aimed at self-protection of anti-crisis policy (and policy/politics at large) against judicial control have been promoted, and what is the condition of society which either allows these initiatives to be implemented or hinders them. In order to draw on the latter aspect, a representative opinion research was conducted in the framework of the research project, which has produced results testifying of some auspiciousness of the social medium for such situation where policy/politics is less controlled by law than in the pre-crisis times.

Maus, Didier: La charte des droits fondamentaux de l'Union Européenne et la protection des droits de l'homme en Europa. - S. 297-312. Wildhaber, Luzius: About co-existence of three different legal systems and three jurisdictions. - S. 313-322. Skouris, Vassilios: The European Court of Justice in the EU legal order and its relationship with National Constitutional Courts. - S. 323-333. Diamandouros, Nikiforos: Opening Speech of the European Ombudsman. - S. 335-343. Schäffer, Heinz: Österreich und die Europäische Union. Erfahrungen und Leistungen des österreichischen Verfassungsgerichtshofes. - S. 345-388. Onida, Valerio: The presentation of Italian experiences. - S. 389-395. Hassemer, Winfried: Case-law of the Federal Constituional Court of Germany. - S. 397-409. Ribicic, Ciril: Implementing European standards into the case-law of the Constituional Court of Slovenia. - S. 411-430. Skrk, Mirjam: The role of the Constitutional Court of the Republic of Slovenia. - S. 431-453. Artemides, Christos: The presentation of Cypriot experiences. - S. 455-458. Mucha, Jiri: The presentation of Czech experiences. - S. 459-467. Kerkandberg, Eerik: Role of the Constitutional Review Chamber of the Supreme Court of the Republic of Estonia in the European Union. - S. 469-476. Küris, Egidijus: The Constitutional Court of Lithuania and Lithuania's membership in the European Union. - S.477-506. Endzins, Aivars: The position of the Constutional Court of the Republic of Latvia. - S. 507-516. Harmathy, Attila: The presentation of Hungarian experiences. - S. 517-523. Grzybowski, Marian: The competence of the constitutional tribunal and the 2003 Treaty of Accession . - S. 525-533. Banaszkiewicz, Boleslaw: Cases concerning EC law before the Polish Constitutional Tribunal since the accession of Poland to the EU. - S. 535-540. Mazak, Jan: National judiciary after the accession of the Slovak Republic to the European Union. - S. 541-547

The book is based on the multifaceted research carried out by the scholars of the Faculty of Law of Vilnius University. It analyses whether (and, if so, then how) the global economic crisis, which gripped Lithuania in 2008, has altered the standards of the rule of law and human rights enshrined in Lithuanian law. Although various expectations of members of society had been perceived and protected as rights before the crisis, the latter induced the narrowing of the scope of their protection and the subsequent justification of this narrowing, as the relevant legal standards were interpreted flexibly or, at times, even not applied. Irrespective of these developments, however, the legal standards of a democratic regime have been consolidated in Lithuania to the extent that their relative downgrading as a result of the crisis has not turned the rule of law from a legal reality into an ideologeme or a slogan devoid of a real content, and the perception of a law-governed state has not been substantially undermined, so far. The book covers the period between 2008 and 2014. It provides an extensive study on the impact of the crisis on the right to responsible government, the freedom of economic activity, the regulation of public finances (budgeting process, taxes and contributions, the supervision of banks and financial markets), social rights, political and personal rights, the independence of courts (the right to a fair trial) and the resolution of legal disputes.

The book is based on the multifaceted research carried out by the scholars of the Faculty of Law of Vilnius University. It analyses whether (and, if so, then how) the global economic crisis, which gripped Lithuania in 2008, has altered the standards of the rule of law and human rights enshrined in Lithuanian law. Although various expectations of members of society had been perceived and protected as rights before the crisis, the latter induced the narrowing of the scope of their protection and the subsequent justification of this narrowing, as the relevant legal standards were interpreted flexibly or, at times, even not applied. Irrespective of these developments, however, the legal standards of a democratic regime have been consolidated in Lithuania to the extent that their relative downgrading as a result of the crisis has not turned the rule of law from a legal reality into an ideologeme or a slogan devoid of a real content, and the perception of a law-governed state has not been substantially undermined, so far. The book covers the period between 2008 and 2014. It provides an extensive study on the impact of the crisis on the right to responsible government, the freedom of economic activity, the regulation of public finances (budgeting process, taxes and contributions, the supervision of banks and financial markets), social rights, political and personal rights, the independence of courts (the right to a fair trial) and the resolution of legal disputes.