Suchergebnisse

The analysis of the jurisprudence of the Constitutional Court shows that the main principles, whose content was best revealed, are universal, equal, direct, free suffrage and secret ballot. The content of the principles of electoral law are revealed in the jurisprudence of the Constitutional Court case by case. In every case the Constitutional Court reveals as much of the content of the particular principle as is necessary for the fair resolution of the case. The constitutional principles of electoral law are applicable not only in the elections of national representative political institutions, but also in the elections of the European Parliament which is the representative political institution of the European Union. The constitutional principles of electoral law are important for the implementation of both active and passive electoral rights. These principles are the criterions on the grounds of which the democracy of the elections and the validity of the results of the election, are assessed and they are the criterions for assessment whether the representative political institutions are instituted properly, whether the constitutional rights to vote and to stand for election are not violated.

The obligation to safeguard the stability of electoral legal regulation during the process of elections stems from the constitutional principles of legitimate expectations, legal certainty and legal security. Such an obligation also stems from the constitutional electoral principles of universal suffrage, equal suffrage, secret ballot and direct suffrage. During the period of electoral process, the stability of legal regulation applicable to the relevant elections should be ensured. During the electoral process, the electoral legal regulation entrenched in electoral laws (applicable to such elections) should not be amended; new electoral laws should not be passed. The amendments passed during the period of the electoral process should be applicable to the next elections, but not to the pending elections. After the beginning of the electoral process, the electoral laws could be amended only in exceptional cases, where such a necessity emerges after or right before the beginning of the electoral process, when it is objectively necessary to pass such amendments.

The analysis of the jurisprudence of the Constitutional Court shows that the main principles, whose content was best revealed, are universal, equal, direct, free suffrage and secret ballot. The content of the principles of electoral law are revealed in the jurisprudence of the Constitutional Court case by case. In every case the Constitutional Court reveals as much of the content of the particular principle as is necessary for the fair resolution of the case. The constitutional principles of electoral law are applicable not only in the elections of national representative political institutions, but also in the elections of the European Parliament which is the representative political institution of the European Union. The constitutional principles of electoral law are important for the implementation of both active and passive electoral rights. These principles are the criterions on the grounds of which the democracy of the elections and the validity of the results of the election, are assessed and they are the criterions for assessment whether the representative political institutions are instituted properly, whether the constitutional rights to vote and to stand for election are not violated.

The obligation to safeguard the stability of electoral legal regulation during the process of elections stems from the constitutional principles of legitimate expectations, legal certainty and legal security. Such an obligation also stems from the constitutional electoral principles of universal suffrage, equal suffrage, secret ballot and direct suffrage. During the period of electoral process, the stability of legal regulation applicable to the relevant elections should be ensured. During the electoral process, the electoral legal regulation entrenched in electoral laws (applicable to such elections) should not be amended; new electoral laws should not be passed. The amendments passed during the period of the electoral process should be applicable to the next elections, but not to the pending elections. After the beginning of the electoral process, the electoral laws could be amended only in exceptional cases, where such a necessity emerges after or right before the beginning of the electoral process, when it is objectively necessary to pass such amendments.

The research paper discusses different issues of interpretation and qualification of illegal access to an information system (IS), taking into account international instruments and European Union legislation as well as the relevant case law of Lithuania. Analysis of criminal cases and legal regulation shows that such cases require an appropriate combination of the technical and legal sides of such criminal offences. In this context, it is also important that criminal liability for illegal access to an IS must be underpinned not only by the principles of technological neutrality and equivalent assessment but also must ensure respect for the ultima ratio (last resort) principle. It is this principle which in particular is the subject of considerable attention in the research paper in terms of over-criminalisation of illegal access to an IS. While solving the puzzle of technology and terminology alignment, the paper also explores the elements of illegal access to an IS. In the light of developments in Lithuanian case law, more emphasis is placed on the debatable infringement of security measures, as an element, and on possible interpretation of its content.

The research paper discusses different issues of interpretation and qualification of illegal access to an information system (IS), taking into account international instruments and European Union legislation as well as the relevant case law of Lithuania. Analysis of criminal cases and legal regulation shows that such cases require an appropriate combination of the technical and legal sides of such criminal offences. In this context, it is also important that criminal liability for illegal access to an IS must be underpinned not only by the principles of technological neutrality and equivalent assessment but also must ensure respect for the ultima ratio (last resort) principle. It is this principle which in particular is the subject of considerable attention in the research paper in terms of over-criminalisation of illegal access to an IS. While solving the puzzle of technology and terminology alignment, the paper also explores the elements of illegal access to an IS. In the light of developments in Lithuanian case law, more emphasis is placed on the debatable infringement of security measures, as an element, and on possible interpretation of its content.

The research paper discusses different issues of interpretation and qualification of illegal access to an information system (IS), taking into account international instruments and European Union legislation as well as the relevant case law of Lithuania. Analysis of criminal cases and legal regulation shows that such cases require an appropriate combination of the technical and legal sides of such criminal offences. In this context, it is also important that criminal liability for illegal access to an IS must be underpinned not only by the principles of technological neutrality and equivalent assessment but also must ensure respect for the ultima ratio (last resort) principle. It is this principle which in particular is the subject of considerable attention in the research paper in terms of over-criminalisation of illegal access to an IS. While solving the puzzle of technology and terminology alignment, the paper also explores the elements of illegal access to an IS. In the light of developments in Lithuanian case law, more emphasis is placed on the debatable infringement of security measures, as an element, and on possible interpretation of its content.

This scientific study is the sequel of works from the Department of Constitutional Law, Faculty of Law at Mykolas Romeris University, aimed at widening the knowledge about constitutions and democratic constitutionalism in the context of comparative constitutional law. It should be noted that after 11 March 1990 the independent Lithuanian state was restored, and no studies about constitutions of other countries or constitutional development experience in Europe and other regions of the world were published. The educational publication "Constitutions of Foreign Countries" was released in order to fill this gap, at least partially. The texts of the constitutions of the French Republic, the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland (non-consolidated constitutions), the Finnish Republic, the Estonian Republic, the Latvian Republic, the Polish Republic, the United States of America and the Russian Federation were published within. The texts were translated from the respective foreign languages. Compilers of the publication wrote afterwards that it was sought to present the constitutions in the Lithuanian language which was very important in the awakening of constitutionalism, as well as the constitutions that expressed specific political and legal features in Europe. [.]

This scientific study is the sequel of works from the Department of Constitutional Law, Faculty of Law at Mykolas Romeris University, aimed at widening the knowledge about constitutions and democratic constitutionalism in the context of comparative constitutional law. It should be noted that after 11 March 1990 the independent Lithuanian state was restored, and no studies about constitutions of other countries or constitutional development experience in Europe and other regions of the world were published. The educational publication "Constitutions of Foreign Countries" was released in order to fill this gap, at least partially. The texts of the constitutions of the French Republic, the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland (non-consolidated constitutions), the Finnish Republic, the Estonian Republic, the Latvian Republic, the Polish Republic, the United States of America and the Russian Federation were published within. The texts were translated from the respective foreign languages. Compilers of the publication wrote afterwards that it was sought to present the constitutions in the Lithuanian language which was very important in the awakening of constitutionalism, as well as the constitutions that expressed specific political and legal features in Europe. [.]