The Free Movement Of Persons: Restrictions Related With Public Order, Public Security And Public Health
In: Viešoji politika ir administravimas: mokslo darbai = Public policy and administration : research papers, Band 12, Heft 1
ISSN: 2029-2872
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In: Viešoji politika ir administravimas: mokslo darbai = Public policy and administration : research papers, Band 12, Heft 1
ISSN: 2029-2872
The free movement of persons is one of the most successful part of European Union project, which operates as very important factor promoting European integration process. Adoption of The Treaty on European Union and the creation of EU citizenship implemented significant changes: the status of European citizens, their rights to move and reside freely within the territory of the Member States can no more be interpreted in the way as it was before the adoption of the Treaty on European Union. There are no requirements for EU citizens, placed in the Treaty, to pursue professional or independent activities or work under an employment contract in order to access provided rights. However the right of free movement is not unlimited. The administrations of Lithuanian government are authorized to impose restictions on free movement of citizens. In the light of these facts, the article examines exceptions in the field of free movement of persons and indentifies concepts of public order, public security and public health. Special attention is given to so called rule restricting the restrictions and to the mechanism of protection against expulsion out of the country. The article concludes, that the institutions of Lithuanian government have the right to evaluate the threats in the territory of the country and to decide on the content of public security by themselves. But their discretion can not be used as an instrument to treat the behaviour of other Member States citizens worse than the same behaviour of local citizens.
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The free movement of persons is one of the most successful part of European Union project, which operates as very important factor promoting European integration process. Adoption of The Treaty on European Union and the creation of EU citizenship implemented significant changes: the status of European citizens, their rights to move and reside freely within the territory of the Member States can no more be interpreted in the way as it was before the adoption of the Treaty on European Union. There are no requirements for EU citizens, placed in the Treaty, to pursue professional or independent activities or work under an employment contract in order to access provided rights. However the right of free movement is not unlimited. The administrations of Lithuanian government are authorized to impose restictions on free movement of citizens. In the light of these facts, the article examines exceptions in the field of free movement of persons and indentifies concepts of public order, public security and public health. Special attention is given to so called rule restricting the restrictions and to the mechanism of protection against expulsion out of the country. The article concludes, that the institutions of Lithuanian government have the right to evaluate the threats in the territory of the country and to decide on the content of public security by themselves. But their discretion can not be used as an instrument to treat the behaviour of other Member States citizens worse than the same behaviour of local citizens.
BASE
The free movement of persons is one of the most successful part of European Union project, which operates as very important factor promoting European integration process. Adoption of The Treaty on European Union and the creation of EU citizenship implemented significant changes: the status of European citizens, their rights to move and reside freely within the territory of the Member States can no more be interpreted in the way as it was before the adoption of the Treaty on European Union. There are no requirements for EU citizens, placed in the Treaty, to pursue professional or independent activities or work under an employment contract in order to access provided rights. However the right of free movement is not unlimited. The administrations of Lithuanian government are authorized to impose restictions on free movement of citizens. In the light of these facts, the article examines exceptions in the field of free movement of persons and indentifies concepts of public order, public security and public health. Special attention is given to so called rule restricting the restrictions and to the mechanism of protection against expulsion out of the country. The article concludes, that the institutions of Lithuanian government have the right to evaluate the threats in the territory of the country and to decide on the content of public security by themselves. But their discretion can not be used as an instrument to treat the behaviour of other Member States citizens worse than the same behaviour of local citizens.
BASE
The free movement of persons is one of the most successful part of European Union project, which operates as very important factor promoting European integration process. Adoption of The Treaty on European Union and the creation of EU citizenship implemented significant changes: the status of European citizens, their rights to move and reside freely within the territory of the Member States can no more be interpreted in the way as it was before the adoption of the Treaty on European Union. There are no requirements for EU citizens, placed in the Treaty, to pursue professional or independent activities or work under an employment contract in order to access provided rights. However the right of free movement is not unlimited. The administrations of Lithuanian government are authorized to impose restictions on free movement of citizens. In the light of these facts, the article examines exceptions in the field of free movement of persons and indentifies concepts of public order, public security and public health. Special attention is given to so called rule restricting the restrictions and to the mechanism of protection against expulsion out of the country. The article concludes, that the institutions of Lithuanian government have the right to evaluate the threats in the territory of the country and to decide on the content of public security by themselves. But their discretion can not be used as an instrument to treat the behaviour of other Member States citizens worse than the same behaviour of local citizens.DOI: http://dx.doi.org/10.5755/j01.ppaa.12.1.3998 ; Priėmus ES Sutartį ir įvedus ES pilietybę, nebeįmanoma ES piliečių statuso ir jų turimų teisių atvykti į valstybę narę ir joje apsigyventi aiškinti taip, kaip iki jos priėmimo. Sutartyje nereikalaujama, jog Sąjungos piliečiai tam, kad naudotųsi numatytomis teisėmis, vykdytų profesinę ar savarankišką veiklą arba dirbtų pagal darbo sutartį. Pagrindine asmenų teise tapo teisė atvykti į kitą valstybę narę ir joje apsigyventi. Tačiau laisvo judėjimo teisė nėra ...
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The free movement of persons is one of the most successful part of European Union project, which operates as very important factor promoting European integration process. Adoption of The Treaty on European Union and the creation of EU citizenship implemented significant changes: the status of European citizens, their rights to move and reside freely within the territory of the Member States can no more be interpreted in the way as it was before the adoption of the Treaty on European Union. There are no requirements for EU citizens, placed in the Treaty, to pursue professional or independent activities or work under an employment contract in order to access provided rights. However the right of free movement is not unlimited. The administrations of Lithuanian government are authorized to impose restictions on free movement of citizens. In the light of these facts, the article examines exceptions in the field of free movement of persons and indentifies concepts of public order, public security and public health. Special attention is given to so called rule restricting the restrictions and to the mechanism of protection against expulsion out of the country. The article concludes, that the institutions of Lithuanian government have the right to evaluate the threats in the territory of the country and to decide on the content of public security by themselves. But their discretion can not be used as an instrument to treat the behaviour of other Member States citizens worse than the same behaviour of local citizens.
BASE
The free movement of persons is one of the most successful part of European Union project, which operates as very important factor promoting European integration process. Adoption of The Treaty on European Union and the creation of EU citizenship implemented significant changes: the status of European citizens, their rights to move and reside freely within the territory of the Member States can no more be interpreted in the way as it was before the adoption of the Treaty on European Union. There are no requirements for EU citizens, placed in the Treaty, to pursue professional or independent activities or work under an employment contract in order to access provided rights. However the right of free movement is not unlimited. The administrations of Lithuanian government are authorized to impose restictions on free movement of citizens. In the light of these facts, the article examines exceptions in the field of free movement of persons and indentifies concepts of public order, public security and public health. Special attention is given to so called rule restricting the restrictions and to the mechanism of protection against expulsion out of the country. The article concludes, that the institutions of Lithuanian government have the right to evaluate the threats in the territory of the country and to decide on the content of public security by themselves. But their discretion can not be used as an instrument to treat the behaviour of other Member States citizens worse than the same behaviour of local citizens. ; Priėmus ES Sutartį ir įvedus ES pilietybę, nebeįmanoma ES piliečių statuso ir jų turimų teisių atvykti į valstybę narę ir joje apsigyventi aiškinti taip, kaip iki jos priėmimo. Sutartyje nereikalaujama, jog Sąjungos piliečiai tam, kad naudotųsi numatytomis teisėmis, vykdytų profesinę ar savarankišką veiklą arba dirbtų pagal darbo sutartį. Pagrindine asmenų teise tapo teisė atvykti į kitą valstybę narę ir joje apsigyventi. Tačiau laisvo judėjimo teisė nėra neribota. Lietuvos valdžios administracijos turi teisę taikyti apribojimus laisvam asmenų judėjimui. Atsižvelgiant į tai, straipsnyje analizuojama išimties laisvam asmenų judėjimui taikymo sritis bei identifikuojamos viešosios tvarkos, visuomenės saugumo ir sveikatos sąvokos. Ypatingas dėmesys skiriamas taip vadinamai apribojimų ribojimo taisyklei bei apsaugos nuo išsiuntimo iš šalies mechanizmui. Straipsnyje daroma išvada, kad Lietuvos valdžios institucijos turi teisę pačios įvertinti grėsmes savo teritorijoje ir spręsti dėl visuomenės saugumo turinio. Tačiau jos negali, naudodamosios savo veiksmų laisve, vertinti kitų valstybių narių piliečių tokį patį elgesį nepalankiau negu vietinių.
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In: European Integration Studies, Band 0, Heft 6
In: Viešoji politika ir administravimas: mokslo darbai = Public policy and administration : research papers, Band 17, Heft 1
ISSN: 2029-2872
The aim of the article is to reveal the efficiency of the activities of institutions controlling the monitoring of compliance with legal regulation of ethical principles of civil servants and compliance with "Law on the coordination of public and private interests in civil service". The paper analyzes the concept of conflict of interest, legal management provisions of conflict of interest and mechanism for implementation monitoring of its enforcement, which is enshrined in Lithuanian legal acts. The article reveals data obtained from qualitative research that reflects the aspects of the activities of the institutions responsible for supervision and control of the implementation of the provisions of the Law on the coordination of public and private interests in the civil service. It is concluded that the legal regulation of conflict of interest creates preconditions for assurance of implementation of ethical principles, however lacks clarity and consistency in some cases. The absence of clear criteria for legal regulation of activity, effectiveness and results' evaluation of institutions responsible for monitoring compliance with provisions of the law, passivity of heads of local government institutions does not allow to achieve real progress in combating conflicts of interest and corruption.
BASE
The aim of the article is to reveal the efficiency of the activities of institutions controlling the monitoring of compliance with legal regulation of ethical principles of civil servants and compliance with "Law on the coordination of public and private interests in civil service". The paper analyzes the concept of conflict of interest, legal management provisions of conflict of interest and mechanism for implementation monitoring of its enforcement, which is enshrined in Lithuanian legal acts. The article reveals data obtained from qualitative research that reflects the aspects of the activities of the institutions responsible for supervision and control of the implementation of the provisions of the Law on the coordination of public and private interests in the civil service. It is concluded that the legal regulation of conflict of interest creates preconditions for assurance of implementation of ethical principles, however lacks clarity and consistency in some cases. The absence of clear criteria for legal regulation of activity, effectiveness and results' evaluation of institutions responsible for monitoring compliance with provisions of the law, passivity of heads of local government institutions does not allow to achieve real progress in combating conflicts of interest and corruption.DOI: http://dx.doi.org/10.5755/j01.ppaa.17.1.20616 ; Straipsnyje siekiama atskleisti interesų konfliktą stabdančių valstybės tarnautojo etikos principų teisinio reglamentavimo ir Viešųjų ir privačiųjų interesų derinimo valstybės tarnyboje įstatymo laikymosi priežiūrą kontroliuojančių institucijų veiklos efektyvumą. Darbe analizuojama Lietuvos teisės aktuose įtvirtinta interesų konflikto samprata, teisinės interesų konflikto valdymo nuostatos ir jų vykdymo kontrolės įgyvendinimo mechanizmas. Straipsnyje atskleidžiami kokybinio tyrimo metu gauti duomenys, atspindintys institucijų, atsakingų už Viešųjų ir privačiųjų interesų derinimo valstybės tarnyboje įstatymo nuostatų vykdymo priežiūrą ir kontrolę, veiklos aspektus. Daroma ...
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The aim of the article is to reveal the efficiency of the activities of institutions controlling the monitoring of compliance with legal regulation of ethical principles of civil servants and compliance with "Law on the coordination of public and private interests in civil service". The paper analyzes the concept of conflict of interest, legal management provisions of conflict of interest and mechanism for implementation monitoring of its enforcement, which is enshrined in Lithuanian legal acts. The article reveals data obtained from qualitative research that reflects the aspects of the activities of the institutions responsible for supervision and control of the implementation of the provisions of the Law on the coordination of public and private interests in the civil service. It is concluded that the legal regulation of conflict of interest creates preconditions for assurance of implementation of ethical principles, however lacks clarity and consistency in some cases. The absence of clear criteria for legal regulation of activity, effectiveness and results' evaluation of institutions responsible for monitoring compliance with provisions of the law, passivity of heads of local government institutions does not allow to achieve real progress in combating conflicts of interest and corruption.
BASE
The aim of the article is to reveal the efficiency of the activities of institutions controlling the monitoring of compliance with legal regulation of ethical principles of civil servants and compliance with "Law on the coordination of public and private interests in civil service". The paper analyzes the concept of conflict of interest, legal management provisions of conflict of interest and mechanism for implementation monitoring of its enforcement, which is enshrined in Lithuanian legal acts. The article reveals data obtained from qualitative research that reflects the aspects of the activities of the institutions responsible for supervision and control of the implementation of the provisions of the Law on the coordination of public and private interests in the civil service. It is concluded that the legal regulation of conflict of interest creates preconditions for assurance of implementation of ethical principles, however lacks clarity and consistency in some cases. The absence of clear criteria for legal regulation of activity, effectiveness and results' evaluation of institutions responsible for monitoring compliance with provisions of the law, passivity of heads of local government institutions does not allow to achieve real progress in combating conflicts of interest and corruption.
BASE
The aim of the article is to reveal the efficiency of the activities of institutions controlling the monitoring of compliance with legal regulation of ethical principles of civil servants and compliance with "Law on the coordination of public and private interests in civil service". The paper analyzes the concept of conflict of interest, legal management provisions of conflict of interest and mechanism for implementation monitoring of its enforcement, which is enshrined in Lithuanian legal acts. The article reveals data obtained from qualitative research that reflects the aspects of the activities of the institutions responsible for supervision and control of the implementation of the provisions of the Law on the coordination of public and private interests in the civil service. It is concluded that the legal regulation of conflict of interest creates preconditions for assurance of implementation of ethical principles, however lacks clarity and consistency in some cases. The absence of clear criteria for legal regulation of activity, effectiveness and results' evaluation of institutions responsible for monitoring compliance with provisions of the law, passivity of heads of local government institutions does not allow to achieve real progress in combating conflicts of interest and corruption.
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In: Viešoji politika ir administravimas: mokslo darbai = Public policy and administration : research papers, Band 16, Heft 3, S. 439-454
ISSN: 2029-2872
In today's world, growing cultural integration has a direct impact on the development of tourism, which is important from the economic as well as the social, political or ecological perspective. Given the rapid expansion of tourism on the global market and the ever-increasing competitiveness of the tourism sector, it is important to assess the state of the tourism sector in Lithuania and determine the potential for its development. The results of the qualitative research have demonstrated that the policy options that could allow for the smooth development of Lithuanian tourism have eluded clear identification owing to the less than appropriate regulation of this area and the absence of effective tourism management. It has been discovered that the legal framework so far remains underdeveloped. In addition, when it comes to tourism policy management, the relevant functions tend to not be performed properly. Moreover, there is a lack of cooperation among the institutions responsible for tourism coordination or otherwise indirectly connected to the area, whereas cooperation between the local and the national level is minimal. This shows that a number of areas may require improvement in order for the country's tourism development policy to become more effective. However, if the country manages to perform a targeted elimination of the problematic areas and makes proper use of its strengths and existing potential in the tourism sector, such as the favorable geographical location, a well-developed sector of tourism-related services, rich recreational resources, or an attractive ratio between the quality and price of tourism products, the effective development of tourism in Lithuania will become possible in the long term.
DOI: http://dx.doi.org/10.5755/j01.ppaa.16.3.19341
An erratum to this article is available at:
DOI: http://dx.doi.org/10.5755/j01.ppaa.16.3.24730