Suchergebnisse

The Summary of Master Thesis "The Judicial Review of European Union Acts Under Art. 230 of the Treaty Establishing the European Community" The analysis is being focused on the specific features of the Art. 230 of the Treaty establishing the European Community with the main purpose of enlightening the dual nature of the said Article. The above mentioned specialty is disclosed on the one hand by exhibiting the vast possibilities in proving the illegal nature of the European acts and on the other hand by detecting the rather constricted locus standi of non – privileged persons. This thesis highlights the importance of the role of Court of Justice by interpreting the meaning of the Art. 230 though the Court's precedents, which are being claimed to be the main source divulging the purport of the said Article. The analysis reveals what kind of legal acts could be challenged under the Art. 230. However the main attention is directed to the grounds of illegality by revealing the rather liberal interpretation in respect of the whole Treaty's system. Later the thesis unfolds manifestly constricted nature of the Treaty's interpretation by disclosing the rules of the status of non – privileged persons. The thesis highlights the exigency of loosening the nature of interpretation arguing that it would be helpful in solving problems relating to the restrictive status of private persons and would make more obtainable the application of the Art. 230 of the Treaty establishing the European Community. It could be, at least temporally, the alternative way of amending the said Article however highly required in the modern European Union. The thesis is being finalized by revealing the remaining requirements for the admissibility of the action for annulment relating to the two months time limit given for challenging the illegality of the published or notified biding legal acts. So the final issue of the analysis uncloses the outcomes of the illegal acts.

The Summary of Master Thesis "The Judicial Review of European Union Acts Under Art. 230 of the Treaty Establishing the European Community" The analysis is being focused on the specific features of the Art. 230 of the Treaty establishing the European Community with the main purpose of enlightening the dual nature of the said Article. The above mentioned specialty is disclosed on the one hand by exhibiting the vast possibilities in proving the illegal nature of the European acts and on the other hand by detecting the rather constricted locus standi of non – privileged persons. This thesis highlights the importance of the role of Court of Justice by interpreting the meaning of the Art. 230 though the Court's precedents, which are being claimed to be the main source divulging the purport of the said Article. The analysis reveals what kind of legal acts could be challenged under the Art. 230. However the main attention is directed to the grounds of illegality by revealing the rather liberal interpretation in respect of the whole Treaty's system. Later the thesis unfolds manifestly constricted nature of the Treaty's interpretation by disclosing the rules of the status of non – privileged persons. The thesis highlights the exigency of loosening the nature of interpretation arguing that it would be helpful in solving problems relating to the restrictive status of private persons and would make more obtainable the application of the Art. 230 of the Treaty establishing the European Community. It could be, at least temporally, the alternative way of amending the said Article however highly required in the modern European Union. The thesis is being finalized by revealing the remaining requirements for the admissibility of the action for annulment relating to the two months time limit given for challenging the illegality of the published or notified biding legal acts. So the final issue of the analysis uncloses the outcomes of the illegal acts.

Subject of the master thesis is to analyze measurements to reach environmental protection and food law objective, describe the restictions of the free movement of goods which are based on scientific assessment. This phase is a part of risk analysis which includes risk management and risk awareness. World Trade Organization does not distinguish the risk management phase based on precautionary principle. However, all three phases are clearly distinguished and regulated, thus, the principle is interpreted differently in these legal systems. Judicial review of restrictive measures based on scientific assessments stands out in a way that judges are required to analyze scientific evidences in order to carry out assessment of these measurements. Standards of judicial review in the European Union and World Trade Organization are determined by diverse courts involvement in this process. Therefore, external expert provide consultations for the judicial institutions as the specific knowledge is required in order to assess circumstances of the dispute.

Subject of the master thesis is to analyze measurements to reach environmental protection and food law objective, describe the restictions of the free movement of goods which are based on scientific assessment. This phase is a part of risk analysis which includes risk management and risk awareness. World Trade Organization does not distinguish the risk management phase based on precautionary principle. However, all three phases are clearly distinguished and regulated, thus, the principle is interpreted differently in these legal systems. Judicial review of restrictive measures based on scientific assessments stands out in a way that judges are required to analyze scientific evidences in order to carry out assessment of these measurements. Standards of judicial review in the European Union and World Trade Organization are determined by diverse courts involvement in this process. Therefore, external expert provide consultations for the judicial institutions as the specific knowledge is required in order to assess circumstances of the dispute.

This master thesis analises the dynamics of interpretation of law and public values balanse. Interpretation of law is an important process, because it is the process, where natural law is identified from a legal text. Interpretation of law differs from formal logical actions, because the structure of law includes legal principles and legal norms. Legal principles express certain public values. It is hard to define relation between law and public values, because legal theory doesn't have homologous conception of public values. Interpretation of law appeals to public values, but the perception of it is subjective at the first look, and it is rather hard to deny that statement. It determines confrontation between positive and natural law and that sets a task to define borders of law. But the law cannot be defined as a closed system, because the size of law is constantly changing. It is determined by various categories beyond the law. Law allows identifying itself by using categories that are formally beyond positive law. Law regulates conception of these categories in the area of law by elimination of subjectivity in its interpretation. Commonly critique is pointed to indetermination of legal interpretation process. Public values are a common category, which arise from the society and are evaluated, balanced, objectivised by law as ultima ratio implement regulation of social life. Obligation to do social justice induces judges to evaluate positive law. Backwardness in legislation in the sense of constantly changing social life precludes judge to state the unity of law form and content. Balancing of public values allows protecting underlying public values, which are identified from Constitution. Balancing of public values allows to retain legitimacy of law. In the works of legal positivists the emphasized risk to change regulation of legislator intention is not fairly reasoned. Author emphasizes in this master thesis that the analysis of recent legal practice verificates that law cannot be defined only as a legal text and that a wide-ranging judicial discretion does not determine high risk to emerge manipuliation of legal interpretation methods on subjective purposes, which sometimes coincide with objective purposes of state and society.

This master thesis analises the dynamics of interpretation of law and public values balanse. Interpretation of law is an important process, because it is the process, where natural law is identified from a legal text. Interpretation of law differs from formal logical actions, because the structure of law includes legal principles and legal norms. Legal principles express certain public values. It is hard to define relation between law and public values, because legal theory doesn't have homologous conception of public values. Interpretation of law appeals to public values, but the perception of it is subjective at the first look, and it is rather hard to deny that statement. It determines confrontation between positive and natural law and that sets a task to define borders of law. But the law cannot be defined as a closed system, because the size of law is constantly changing. It is determined by various categories beyond the law. Law allows identifying itself by using categories that are formally beyond positive law. Law regulates conception of these categories in the area of law by elimination of subjectivity in its interpretation. Commonly critique is pointed to indetermination of legal interpretation process. Public values are a common category, which arise from the society and are evaluated, balanced, objectivised by law as ultima ratio implement regulation of social life. Obligation to do social justice induces judges to evaluate positive law. Backwardness in legislation in the sense of constantly changing social life precludes judge to state the unity of law form and content. Balancing of public values allows protecting underlying public values, which are identified from Constitution. Balancing of public values allows to retain legitimacy of law. In the works of legal positivists the emphasized risk to change regulation of legislator intention is not fairly reasoned. Author emphasizes in this master thesis that the analysis of recent legal practice verificates that law cannot be defined only as a legal text and that a wide-ranging judicial discretion does not determine high risk to emerge manipuliation of legal interpretation methods on subjective purposes, which sometimes coincide with objective purposes of state and society.

European investigation order is a new tool for judicial cooperation in criminal matters and the above mention instrument is in effect since 15th of July 2017. Until this date judicial cooperation in criminal matters were regulated by various international conventions, its additional protocols, European evidence order. European investigation order has changed rigid/inflexible tools of judicial cooperation between countries and it is going to foster the conduction of legal action in EU member states. According to article 6 on Conditions for issuing and transmitting an EIO of Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European investigation order in criminal matters the issuing authority may only issue an EIO where the following conditions have been met: (a) the issuing of the EIO is necessary and proportionate for the purpose of the proceedings referred to in Article 4 taking into account the rights of the suspected or accused person; and (b) the investigative measure(s) indicated in the EIO could have been ordered under the same conditions in a similar domestic case.18 The European investigation order raises questions to practitioners on its implementation. For example, how to explain meaning of one of conditions for EIO – necessary? Which criteria determines when it is necessary to issue the EIO and in which cases it is not recommended? Therefore, the above mentioned questions define aspects of the research, precisely to analyze conception one of the EIO issuing element of conditions "necessary", its interpretation in the jurisprudence of supranational and national courts, to provide criteria which would help make a decision to issue or refuse to issue EIO in a specific pre-trial investigation/criminal case.

European investigation order is a new tool for judicial cooperation in criminal matters and the above mention instrument is in effect since 15th of July 2017. Until this date judicial cooperation in criminal matters were regulated by various international conventions, its additional protocols, European evidence order. European investigation order has changed rigid/inflexible tools of judicial cooperation between countries and it is going to foster the conduction of legal action in EU member states. According to article 6 on Conditions for issuing and transmitting an EIO of Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European investigation order in criminal matters the issuing authority may only issue an EIO where the following conditions have been met: (a) the issuing of the EIO is necessary and proportionate for the purpose of the proceedings referred to in Article 4 taking into account the rights of the suspected or accused person; and (b) the investigative measure(s) indicated in the EIO could have been ordered under the same conditions in a similar domestic case.18 The European investigation order raises questions to practitioners on its implementation. For example, how to explain meaning of one of conditions for EIO – necessary? Which criteria determines when it is necessary to issue the EIO and in which cases it is not recommended? Therefore, the above mentioned questions define aspects of the research, precisely to analyze conception one of the EIO issuing element of conditions "necessary", its interpretation in the jurisprudence of supranational and national courts, to provide criteria which would help make a decision to issue or refuse to issue EIO in a specific pre-trial investigation/criminal case.

The Constitutional Court of the Republic of Lithuania can be distinguished from the general competence and special courts for its particular purpose, i.e. it ensures the precedence of the Constitution within the legal system and the constitutional legitimacy. Following the Constitution of the Republic of Lithuania, the Constitutional Court resolves whether laws and other legal acts passed by the Seimas do not contravene the Constitution. Within the hierarchy of the sources of law, the laws stand out for the regulatory character, particular procedure of their adoption, legal effect. Considering the scope of the regulatory framework of the laws, which is really encompassing, or the fact that namely the laws should regulate the most relevant social relations and, furthermore, acknowledging the fact that the subordinate legislation is adopted following the laws, it is highly important that the laws do not contravene the constitutional regulation, do not infringe personal rights and lawful interests, but, on the contrary, ensures them. Consequently, during the verification of the constitutionality of the given legislation the Constitutional Court shall bear the role of great significance. Upon the recognition of the laws as inconsistent with the Constitution, the Constitutional Court also eliminates them from the legal system. Only the Constitutional Court is granted constitutional authorizations to give an official interpretation of the Constitution. Such judicial interpretation binds all the institutions, including the Seimas also. This study provides the analysis of the jurisprudence of the Constitutional Court of the Republic of Lithuania by assessing the compliance of the laws with the Constitution and, partially, the assessment of this practice in the Lithuanian legal science. The paper overviews the research conducted by the Constitutional Court on the constitutionality of laws according to the contents of the rules, the scope, the form of the regulation and the procedure of the adoption, signing, promulgation and enforcement established under the Constitution thereof. Moreover, it focuses on the constitutional requirements for the legislator formulated by the Constitutional Court, as well as the reasons that predetermine the cases when the laws are declared as being inconsistent with the Constitution. Furthermore, this research gives a brief analysis of the status of the Constitutional Court of the Republic of Lithuania and its competence, with further reference to the evaluation of the legal regulation gaps in the acts adopted by the Constitutional Court and conception of the acts adopted by the Constitutional Court. Finally, separate sections of the present paper include the conception of the law and the constitutional law within the Lithuania's legal system, the assessment of their correlation and some of the problem-oriented issues associated herewith.

The Constitutional Court of the Republic of Lithuania can be distinguished from the general competence and special courts for its particular purpose, i.e. it ensures the precedence of the Constitution within the legal system and the constitutional legitimacy. Following the Constitution of the Republic of Lithuania, the Constitutional Court resolves whether laws and other legal acts passed by the Seimas do not contravene the Constitution. Within the hierarchy of the sources of law, the laws stand out for the regulatory character, particular procedure of their adoption, legal effect. Considering the scope of the regulatory framework of the laws, which is really encompassing, or the fact that namely the laws should regulate the most relevant social relations and, furthermore, acknowledging the fact that the subordinate legislation is adopted following the laws, it is highly important that the laws do not contravene the constitutional regulation, do not infringe personal rights and lawful interests, but, on the contrary, ensures them. Consequently, during the verification of the constitutionality of the given legislation the Constitutional Court shall bear the role of great significance. Upon the recognition of the laws as inconsistent with the Constitution, the Constitutional Court also eliminates them from the legal system. Only the Constitutional Court is granted constitutional authorizations to give an official interpretation of the Constitution. Such judicial interpretation binds all the institutions, including the Seimas also. This study provides the analysis of the jurisprudence of the Constitutional Court of the Republic of Lithuania by assessing the compliance of the laws with the Constitution and, partially, the assessment of this practice in the Lithuanian legal science. The paper overviews the research conducted by the Constitutional Court on the constitutionality of laws according to the contents of the rules, the scope, the form of the regulation and the procedure of the adoption, signing, promulgation and enforcement established under the Constitution thereof. Moreover, it focuses on the constitutional requirements for the legislator formulated by the Constitutional Court, as well as the reasons that predetermine the cases when the laws are declared as being inconsistent with the Constitution. Furthermore, this research gives a brief analysis of the status of the Constitutional Court of the Republic of Lithuania and its competence, with further reference to the evaluation of the legal regulation gaps in the acts adopted by the Constitutional Court and conception of the acts adopted by the Constitutional Court. Finally, separate sections of the present paper include the conception of the law and the constitutional law within the Lithuania's legal system, the assessment of their correlation and some of the problem-oriented issues associated herewith.

This master thesis analyses main aspects of manufacturer's civil liability for the damage caused by defective pharmaceutical product. Conditions of manufacturer's strict liability in chosen aspect were ulmost unanalyzed in legal doctrine of Lithuania. However interpretation and application of these conditions of liability are important to ensure balance between interests of consumers of pharmaceutical products and manufacturers as well as progress of medical science. This master thesis discloses the change of conception of manufacturer's civil liability for the damage caused by defective pharmaceutical product in Europe countries and United States of America, what regulation of manufacturer's civil liability is established in legislation of European Union, topic of its transfer to legislation of European Union Member States, discussed procedures how pharmaceutical products safety is ensured. The main attention is paid to pharmaceutical product defectiveness and exemption of manufacturer from civil liability based on product development risk defence interpretation in judicial practice and legal doctrine. Contradictions between articles of Directive 85/374/EEC do not allow to implement principle of strict liability in its full extent, while implementation of product development risk defence provisions in strict liability may be seen as introduction of fault based tortious liability. However in judicial practice of Europe countries doctrine of consumer's legitimate expectations is followed and manufacturer's civil liability without fault is applied fairly consistently.

This master thesis analyses main aspects of manufacturer's civil liability for the damage caused by defective pharmaceutical product. Conditions of manufacturer's strict liability in chosen aspect were ulmost unanalyzed in legal doctrine of Lithuania. However interpretation and application of these conditions of liability are important to ensure balance between interests of consumers of pharmaceutical products and manufacturers as well as progress of medical science. This master thesis discloses the change of conception of manufacturer's civil liability for the damage caused by defective pharmaceutical product in Europe countries and United States of America, what regulation of manufacturer's civil liability is established in legislation of European Union, topic of its transfer to legislation of European Union Member States, discussed procedures how pharmaceutical products safety is ensured. The main attention is paid to pharmaceutical product defectiveness and exemption of manufacturer from civil liability based on product development risk defence interpretation in judicial practice and legal doctrine. Contradictions between articles of Directive 85/374/EEC do not allow to implement principle of strict liability in its full extent, while implementation of product development risk defence provisions in strict liability may be seen as introduction of fault based tortious liability. However in judicial practice of Europe countries doctrine of consumer's legitimate expectations is followed and manufacturer's civil liability without fault is applied fairly consistently.

Institutions-organizations and institutions-rules (norms), levels of institutionalization and its influence on political development of political system, constitutions and constitutional interpretation, structural-functional characteristic of the main political institutions (parties, party and electoral systems, legislatures and executive power, public administration, interest groups, local governance, judicial and political communication institutions), variuos types, models of these institutions and activity, interaction between political institutions and their influence on real politics, institutional engineering, institutionalization of the political institutions, democratization and democratic consolidation processes – all these questions were discussed in this methodical book.

Institutions-organizations and institutions-rules (norms), levels of institutionalization and its influence on political development of political system, constitutions and constitutional interpretation, structural-functional characteristic of the main political institutions (parties, party and electoral systems, legislatures and executive power, public administration, interest groups, local governance, judicial and political communication institutions), variuos types, models of these institutions and activity, interaction between political institutions and their influence on real politics, institutional engineering, institutionalization of the political institutions, democratization and democratic consolidation processes – all these questions were discussed in this methodical book.

Institutions-organizations and institutions-rules (norms), levels of institutionalization and its influence on political development of political system, constitutions and constitutional interpretation, structural-functional characteristic of the main political institutions (parties, party and electoral systems, legislatures and executive power, public administration, interest groups, local governance, judicial and political communication institutions), variuos types, models of these institutions and activity, interaction between political institutions and their influence on real politics, institutional engineering, institutionalization of the political institutions, democratization and democratic consolidation processes – all these questions were discussed in this methodical book.