The purpose of the article is to analyze the main arguments used to justify the limitation of the arbitrability of the civil disputes related to the public interest. The author seeks to establish whether resolution of the civil disputes by the arbitral tribunal is a proper measure for the protection and enforcement of the public interest. Conclusions show that arbitration is able to provide full protection of the fair trial guarantees; secures necessary knowledge and experience to solve the questions of the great importance for the New York Convention Member States; limitations for the arbitral tribunal to refer to the Court of Justice of the European Union for the preliminary ruling is not an obstacle to guarantee proper application of the European Union measures. Author reaches the conclusion that it is not proper to limit the arbitrability of civil disputes due to their relationship to the public interest.
The purpose of the article is to analyze the main arguments used to justify the limitation of the arbitrability of the civil disputes related to the public interest. The author seeks to establish whether resolution of the civil disputes by the arbitral tribunal is a proper measure for the protection and enforcement of the public interest. Conclusions show that arbitration is able to provide full protection of the fair trial guarantees; secures necessary knowledge and experience to solve the questions of the great importance for the New York Convention Member States; limitations for the arbitral tribunal to refer to the Court of Justice of the European Union for the preliminary ruling is not an obstacle to guarantee proper application of the European Union measures. Author reaches the conclusion that it is not proper to limit the arbitrability of civil disputes due to their relationship to the public interest.
The purpose of the article is to analyze the main arguments used to justify the limitation of the arbitrability of the civil disputes related to the public interest. The author seeks to establish whether resolution of the civil disputes by the arbitral tribunal is a proper measure for the protection and enforcement of the public interest. Conclusions show that arbitration is able to provide full protection of the fair trial guarantees; secures necessary knowledge and experience to solve the questions of the great importance for the New York Convention Member States; limitations for the arbitral tribunal to refer to the Court of Justice of the European Union for the preliminary ruling is not an obstacle to guarantee proper application of the European Union measures. Author reaches the conclusion that it is not proper to limit the arbitrability of civil disputes due to their relationship to the public interest.
The purpose of the article is to analyze the main arguments used to justify the limitation of the arbitrability of the civil disputes related to the public interest. The author seeks to establish whether resolution of the civil disputes by the arbitral tribunal is a proper measure for the protection and enforcement of the public interest. Conclusions show that arbitration is able to provide full protection of the fair trial guarantees; secures necessary knowledge and experience to solve the questions of the great importance for the New York Convention Member States; limitations for the arbitral tribunal to refer to the Court of Justice of the European Union for the preliminary ruling is not an obstacle to guarantee proper application of the European Union measures. Author reaches the conclusion that it is not proper to limit the arbitrability of civil disputes due to their relationship to the public interest.
The paper is dedicated to analysis of cooperation between University and stake holders in Lithuania. Based on critical analysis of references of research literature and documents, the perspective of governmental agencies on cooperation between University and stake holders with the special emphasis on educating law-enforcement officers in Lithuania is analysed. The general forms of cooperation are being analysed and also examples of good practices are presented (based on the case of educating professionals, especially, future law-enforcement officers, at Mykolas Romeris University). Methods of critical references analysis, documents 'analysis and analysis of situations and cases are employed for the development of this paper. This study revealed that cooperation between universities and stake holders is necessary in the context of globalisation. Universities are expected to go beyond the traditional tasks of providing studies and get engaged in research. Moreover, the pressure from stake holders on universities becomes increasingly evident. Representatives from professional world require teachers, and especially, students, to be confident in applying knowledge into practical situations. Study revealed that the cooperation is only possible with sufficient facilities and resources, development of which is prompted by positive perspective of governmental agencies and programmes and a focused input. The number of forms of cooperation signifies the fact that there is no universal understanding or consensus on the concepts or terms; moreover, certain terms are being used for describing one forms, and other – for other forms. Nevertheless, the general agreement on the necessity for cooperation itself is universal. Please, be advised that a more extensive and analysis with the employment of more numerous examples from professional world was presented by these authors in the presentation at the International Conference in Danang, Vietnam, October, 2017, as an integral part of activities in the project Hub4Growth. In this paper, however, an aspect of the analysis is presented in greater detail in section 3.1, 3.2, though the concepts and the context are presented and analysed extensively in the 1, 2, 3 sections of the paper The examples of good practices of cooperation between University and stake holders at Mykolas Romeris University revealed that the main orientation was toward innovation, and enabling students at practicing the skills that are necessary for professional career. The paper is developed as an integral activity while implementing the Erasmus+ project Hub4Growth (for the action Capacity Building in Higher Education (reference number 561978-EPP-1-2015-1-UK-EPPKA2-CBHE-JP)).
The paper is dedicated to analysis of cooperation between University and stake holders in Lithuania. Based on critical analysis of references of research literature and documents, the perspective of governmental agencies on cooperation between University and stake holders with the special emphasis on educating law-enforcement officers in Lithuania is analysed. The general forms of cooperation are being analysed and also examples of good practices are presented (based on the case of educating professionals, especially, future law-enforcement officers, at Mykolas Romeris University). Methods of critical references analysis, documents 'analysis and analysis of situations and cases are employed for the development of this paper. This study revealed that cooperation between universities and stake holders is necessary in the context of globalisation. Universities are expected to go beyond the traditional tasks of providing studies and get engaged in research. Moreover, the pressure from stake holders on universities becomes increasingly evident. Representatives from professional world require teachers, and especially, students, to be confident in applying knowledge into practical situations. Study revealed that the cooperation is only possible with sufficient facilities and resources, development of which is prompted by positive perspective of governmental agencies and programmes and a focused input. The number of forms of cooperation signifies the fact that there is no universal understanding or consensus on the concepts or terms; moreover, certain terms are being used for describing one forms, and other – for other forms. Nevertheless, the general agreement on the necessity for cooperation itself is universal. Please, be advised that a more extensive and analysis with the employment of more numerous examples from professional world was presented by these authors in the presentation at the International Conference in Danang, Vietnam, October, 2017, as an integral part of activities in the project Hub4Growth. In this paper, however, an aspect of the analysis is presented in greater detail in section 3.1, 3.2, though the concepts and the context are presented and analysed extensively in the 1, 2, 3 sections of the paper The examples of good practices of cooperation between University and stake holders at Mykolas Romeris University revealed that the main orientation was toward innovation, and enabling students at practicing the skills that are necessary for professional career. The paper is developed as an integral activity while implementing the Erasmus+ project Hub4Growth (for the action Capacity Building in Higher Education (reference number 561978-EPP-1-2015-1-UK-EPPKA2-CBHE-JP)).
The paper conceptualises labor relations from the new institutionalist perspective. Labor relations are described as formal and informal institutional rules and practices. The following institutions are analysed: formal regulation of hiring, firing and working conditions; informal institutions of hiring, firing and working conditions; wage setting; representation of the employee collective; and labor market policy instruments. It is argued that the discourse of development of labor relations is a necessary although an insufficient condition for institutional change, and that studying the discourse helps us to understand some of the important characteristics of change. For this purpose empirical qualitative research was conducted. The research was based on interviews with actors within the fields of institutional change, policy making and the production of knowledge. The research attempted to unveil what the institutionalist actors thought of the issues of institutional performance, priorities of institutional change and chances for a change to be implemented. The results showed that the main problems concerning labor relations in Lithuania, as emphasized by the actors, were the rigidity of formal regulations and their weak enforcement, which results in the expansion of informal institutions. The main priorities of change are flexibility in labor relations and the development of collective bargaining. The findings reveal that, firstly, finding solutions to the problems and the implementation of the priorities conditioned by the interaction among the different labor relations institutions were limited. Secondly, the priorities of change represent an ideal picture labor relations and are weakly linked to the objective conditions of the institutional reality.[.]
The paper conceptualises labor relations from the new institutionalist perspective. Labor relations are described as formal and informal institutional rules and practices. The following institutions are analysed: formal regulation of hiring, firing and working conditions; informal institutions of hiring, firing and working conditions; wage setting; representation of the employee collective; and labor market policy instruments. It is argued that the discourse of development of labor relations is a necessary although an insufficient condition for institutional change, and that studying the discourse helps us to understand some of the important characteristics of change. For this purpose empirical qualitative research was conducted. The research was based on interviews with actors within the fields of institutional change, policy making and the production of knowledge. The research attempted to unveil what the institutionalist actors thought of the issues of institutional performance, priorities of institutional change and chances for a change to be implemented. The results showed that the main problems concerning labor relations in Lithuania, as emphasized by the actors, were the rigidity of formal regulations and their weak enforcement, which results in the expansion of informal institutions. The main priorities of change are flexibility in labor relations and the development of collective bargaining. The findings reveal that, firstly, finding solutions to the problems and the implementation of the priorities conditioned by the interaction among the different labor relations institutions were limited. Secondly, the priorities of change represent an ideal picture labor relations and are weakly linked to the objective conditions of the institutional reality.[.]
Crime and its control problem is one of the most complicated research and practice problems. Fundamental scientific researches make basis to applied crime control researches and the latter makes an effective influence on practice that is peculiar to every country. What is being done in this sphere in Lithuania? In 1994-1997, the Law Academy of Lithuania together with the Institute of Law, the Institute of Forensic Sciences, Law Faculty of Vilnius University conducted research programme "Crime and Criminal Justice". 143 As the experts of the Lithuanian Science Academy and the State Fund of Sciences and the State Fund of Science and Study stated, the programme answered its purpose, i.e. a preparation of concepts, programmes, normative act drafts and other suggestions how to make crime control in Lithuania more effective to the Seimas, Government and institutions of criminal justice of the Republic. The conducted researches form good fundamentals to develop and deepen research in crime control, as the results of scientific research are not to follow after the events, their main aim is to prepare a crime prognostic model and future vision of criminal justice. Therefore, the future project of the research programme " Crime Prognosis in Lithuania and Perspectives of its Control" has been prepared. Lithuanian researchers – lawyers having compiled significant experience, gained their knowledge taking into consideration achievements of Eastern and Western science – can resolve to start a complicated and much work demanding complex research on crime prognosis and criminal justice. That is a strategic task to the Lithuanian science and researchers. The research programme is going to be conducted in four trends: The first trend – research on crime prognosis and taking it into consideration, creation of crime prevention model. The second trend – research on criminal, administrative and civil law development, with regard to crime prognosis, about the future criminal, administrative and civil law in the context of crime qualitative and quantitative changes. This trend can be called "Crime Prognosis and Means of Criminal, Administrative and Civil Law I nfluence for its Control". The third trend will cover the research in the spheres of criminal process and criminalistics, taking into consideration crime prognosis. Relatively it can be called "Crime Prognosis and I nvestigation". The fourth trend will cover the research on systems of law enforcement institutions and functions modelling. Researchers working under this trend should answer the question how law enforcement institutions should be structured, what model of their functions and subordination should be. Relatively this trend can be called "Crime Prognosis and Modelling of Criminal Justice Organisation". We consider it to be purposeful to conduct the research on problems of criminology, criminal law, criminal process, criminalistics, criminal justice according to co-ordinated programmes, agreements between different research and study institutions in the framework of corresponding European Union programmes conducting joint projects to analyse complex interdisciplinary scientific problems.
Crime and its control problem is one of the most complicated research and practice problems. Fundamental scientific researches make basis to applied crime control researches and the latter makes an effective influence on practice that is peculiar to every country. What is being done in this sphere in Lithuania? In 1994-1997, the Law Academy of Lithuania together with the Institute of Law, the Institute of Forensic Sciences, Law Faculty of Vilnius University conducted research programme "Crime and Criminal Justice". 143 As the experts of the Lithuanian Science Academy and the State Fund of Sciences and the State Fund of Science and Study stated, the programme answered its purpose, i.e. a preparation of concepts, programmes, normative act drafts and other suggestions how to make crime control in Lithuania more effective to the Seimas, Government and institutions of criminal justice of the Republic. The conducted researches form good fundamentals to develop and deepen research in crime control, as the results of scientific research are not to follow after the events, their main aim is to prepare a crime prognostic model and future vision of criminal justice. Therefore, the future project of the research programme " Crime Prognosis in Lithuania and Perspectives of its Control" has been prepared. Lithuanian researchers – lawyers having compiled significant experience, gained their knowledge taking into consideration achievements of Eastern and Western science – can resolve to start a complicated and much work demanding complex research on crime prognosis and criminal justice. That is a strategic task to the Lithuanian science and researchers. The research programme is going to be conducted in four trends: The first trend – research on crime prognosis and taking it into consideration, creation of crime prevention model. The second trend – research on criminal, administrative and civil law development, with regard to crime prognosis, about the future criminal, administrative and civil law in the context of crime qualitative and quantitative changes. This trend can be called "Crime Prognosis and Means of Criminal, Administrative and Civil Law I nfluence for its Control". The third trend will cover the research in the spheres of criminal process and criminalistics, taking into consideration crime prognosis. Relatively it can be called "Crime Prognosis and I nvestigation". The fourth trend will cover the research on systems of law enforcement institutions and functions modelling. Researchers working under this trend should answer the question how law enforcement institutions should be structured, what model of their functions and subordination should be. Relatively this trend can be called "Crime Prognosis and Modelling of Criminal Justice Organisation". We consider it to be purposeful to conduct the research on problems of criminology, criminal law, criminal process, criminalistics, criminal justice according to co-ordinated programmes, agreements between different research and study institutions in the framework of corresponding European Union programmes conducting joint projects to analyse complex interdisciplinary scientific problems.
One of the means of integration of environmental protection requirements into public procurement law is to ensure that economic operators comply with environmental law requirements. An economic operator, who has committed a violation of environmental law before or during the course of public procurement procedure, may be excluded from public procurement, if he does not prove that the measures, that he has implemented, are sufficient to demonstrate his reliability. Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC and respectively – Lithuanian national law has established the requirement for the supplier to not be in breach of environmental, social and labour law as a separate, qualitatively new ground for exclusion in public procurement. This measure, although generally perceived as a restriction of rights of dishonest, unreliable suppliers to participate in public procurement, has also a preventive nature, ensures compliance with environmental law requirements of suppliers who have a general interest of participation in public procurement, deters them from violating environmental obligations, contributes to the enforcement and implementation of environmental law objectives, strengthens the efficiency and effectiveness of environmental law. It is suggested that a wider, more diverse concept of exclusion of suppliers from public procurement procedures for violations of environmental law has to be adopted in national public procurement regulation and practice in order to pursue environmental goals. In Lithuania the integration of environmental aspects into the legal regulation of public procurement results in complexity of procedures, requires specific knowledge and experience of contracting authorities in the field of environmental law. Frequent changes in legal regulation, legal uncertainties and the lack of sufficient judicial practice raises various questions regarding scope, conditions, possibilities and other practical aspects of application of exclusion of suppliers from public procurement due to violation of environmental law. New public procurement regulation highlights the following application and implementation problems: a discretionary status of this exclusion ground, merging of environmental and social requirements, which are assigned different legal value in public procurement, into one exclusion ground, application of restriction to participate in public procurement only to suppliers subject to administrative liability in the field of environmental law, application of this exclusion ground exclusively in the course of public procurement procedures, excluding the contract performance stage. It is submitted that in Lithuania the public procurement regulation has to be amended in order to accommodate to the fullest extent environmental protection requirements and strengthen the implementation of environmental law
One of the means of integration of environmental protection requirements into public procurement law is to ensure that economic operators comply with environmental law requirements. An economic operator, who has committed a violation of environmental law before or during the course of public procurement procedure, may be excluded from public procurement, if he does not prove that the measures, that he has implemented, are sufficient to demonstrate his reliability. Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC and respectively – Lithuanian national law has established the requirement for the supplier to not be in breach of environmental, social and labour law as a separate, qualitatively new ground for exclusion in public procurement. This measure, although generally perceived as a restriction of rights of dishonest, unreliable suppliers to participate in public procurement, has also a preventive nature, ensures compliance with environmental law requirements of suppliers who have a general interest of participation in public procurement, deters them from violating environmental obligations, contributes to the enforcement and implementation of environmental law objectives, strengthens the efficiency and effectiveness of environmental law. It is suggested that a wider, more diverse concept of exclusion of suppliers from public procurement procedures for violations of environmental law has to be adopted in national public procurement regulation and practice in order to pursue environmental goals. In Lithuania the integration of environmental aspects into the legal regulation of public procurement results in complexity of procedures, requires specific knowledge and experience of contracting authorities in the field of environmental law. Frequent changes in legal regulation, legal uncertainties and the lack of sufficient judicial practice raises various questions regarding scope, conditions, possibilities and other practical aspects of application of exclusion of suppliers from public procurement due to violation of environmental law. New public procurement regulation highlights the following application and implementation problems: a discretionary status of this exclusion ground, merging of environmental and social requirements, which are assigned different legal value in public procurement, into one exclusion ground, application of restriction to participate in public procurement only to suppliers subject to administrative liability in the field of environmental law, application of this exclusion ground exclusively in the course of public procurement procedures, excluding the contract performance stage. It is submitted that in Lithuania the public procurement regulation has to be amended in order to accommodate to the fullest extent environmental protection requirements and strengthen the implementation of environmental law
One of the means of integration of environmental protection requirements into public procurement law is to ensure that economic operators comply with environmental law requirements. An economic operator, who has committed a violation of environmental law before or during the course of public procurement procedure, may be excluded from public procurement, if he does not prove that the measures, that he has implemented, are sufficient to demonstrate his reliability. Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC and respectively – Lithuanian national law has established the requirement for the supplier to not be in breach of environmental, social and labour law as a separate, qualitatively new ground for exclusion in public procurement. This measure, although generally perceived as a restriction of rights of dishonest, unreliable suppliers to participate in public procurement, has also a preventive nature, ensures compliance with environmental law requirements of suppliers who have a general interest of participation in public procurement, deters them from violating environmental obligations, contributes to the enforcement and implementation of environmental law objectives, strengthens the efficiency and effectiveness of environmental law. It is suggested that a wider, more diverse concept of exclusion of suppliers from public procurement procedures for violations of environmental law has to be adopted in national public procurement regulation and practice in order to pursue environmental goals. In Lithuania the integration of environmental aspects into the legal regulation of public procurement results in complexity of procedures, requires specific knowledge and experience of contracting authorities in the field of environmental law. Frequent changes in legal regulation, legal uncertainties and the lack of sufficient judicial practice raises various questions regarding scope, conditions, possibilities and other practical aspects of application of exclusion of suppliers from public procurement due to violation of environmental law. New public procurement regulation highlights the following application and implementation problems: a discretionary status of this exclusion ground, merging of environmental and social requirements, which are assigned different legal value in public procurement, into one exclusion ground, application of restriction to participate in public procurement only to suppliers subject to administrative liability in the field of environmental law, application of this exclusion ground exclusively in the course of public procurement procedures, excluding the contract performance stage. It is submitted that in Lithuania the public procurement regulation has to be amended in order to accommodate to the fullest extent environmental protection requirements and strengthen the implementation of environmental law
One of the means of integration of environmental protection requirements into public procurement law is to ensure that economic operators comply with environmental law requirements. An economic operator, who has committed a violation of environmental law before or during the course of public procurement procedure, may be excluded from public procurement, if he does not prove that the measures, that he has implemented, are sufficient to demonstrate his reliability. Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC and respectively – Lithuanian national law has established the requirement for the supplier to not be in breach of environmental, social and labour law as a separate, qualitatively new ground for exclusion in public procurement. This measure, although generally perceived as a restriction of rights of dishonest, unreliable suppliers to participate in public procurement, has also a preventive nature, ensures compliance with environmental law requirements of suppliers who have a general interest of participation in public procurement, deters them from violating environmental obligations, contributes to the enforcement and implementation of environmental law objectives, strengthens the efficiency and effectiveness of environmental law. It is suggested that a wider, more diverse concept of exclusion of suppliers from public procurement procedures for violations of environmental law has to be adopted in national public procurement regulation and practice in order to pursue environmental goals. In Lithuania the integration of environmental aspects into the legal regulation of public procurement results in complexity of procedures, requires specific knowledge and experience of contracting authorities in the field of environmental law. Frequent changes in legal regulation, legal uncertainties and the lack of sufficient judicial practice raises various questions regarding scope, conditions, possibilities and other practical aspects of application of exclusion of suppliers from public procurement due to violation of environmental law. New public procurement regulation highlights the following application and implementation problems: a discretionary status of this exclusion ground, merging of environmental and social requirements, which are assigned different legal value in public procurement, into one exclusion ground, application of restriction to participate in public procurement only to suppliers subject to administrative liability in the field of environmental law, application of this exclusion ground exclusively in the course of public procurement procedures, excluding the contract performance stage. It is submitted that in Lithuania the public procurement regulation has to be amended in order to accommodate to the fullest extent environmental protection requirements and strengthen the implementation of environmental law
The shortcomings of the principles of direct and indirect effects, particularly in the context of enforcement of Directives, as outlined above, led the Court to develope a third and separate principe in Francovich, the principe of State liability. The Court held that where, as here, a State had failed to implement an EC Directive it would be obliged to compensate individuals for damage suffered as a result of its failure to implement the Directive if certain conditions were satisfied. That is, where: • The directive involved rights confered on individuals, • The content of those rights could be identified on the basis of the provisions of the Directive, and • There was a causal link between the State`s failure and the damage suffered by the persons affected. The Court`s reasoning was based on member States obligations to implement Directives under Article 249 (ex 189) and their general obligation under Article 10 (ex 5) of the EC Treaty to "take all appropriate measures. to ensure fulfilment of" their obligations under Community law. Questions were refered to Court of Justice for interpretation in Braserie/Factortame: a) the principe of State liability should not be confined to failure to implement EC Directives: it should attach to other failures to comply with Community law, including legislatives failures. b) A remedy under Francovich should be available whether or not there were other means by which Community rights might be enforced, that is, on the principles of direct or indirect effects. c) As regards the conditions for liability, apart from the three conditions laid down in Francovich, the principles of State liability should be brought into line with the principles governing the Community`s non-contractual liability under Article 288 (ex 215). A State should only be liable for "manifest and seriuos breaches" the content of the obligation breached must be clear and precise in every respect, or the NATIONAL authority`s interpretation "manifestly wrong". If the provision allegedly breached is not in itself clear and precise, the Court`s case law must have provided sufficient clarification as regards its meaning and scope in identical or similar situations. If these conditions are fulfilled there is no need to add a further criterion of fault in the subjective sense, requiring actual knowledge or a deliberate breach of EC law . The obligation to make reparation constitutes a fundamental principe of Community law, which is as fundamental as that of the primacy of Community law or direct effect. Like those two principles, the obligation on the State to make good the loss or damage caused to individuals by breach of Community law helps to ensure the full effectiveness of Community law throught effective judicial protection of the rights which individuals derive from the Community legal order. Indeed, the principe of State liability constitutes the necessary extension of the general principe of effective judicial protection or of the right to challenge a measure before the courts-, whose importance has been regularly underlined by the Court and whose scope has been constantly extended through its case-law. The acknowledgement of State liability seems to be the corollary of the mission – of the utmost importance – conferred on the supreme courts in the direct, immediate and effective protection of the rights which individuals derive from Community law. Usually the European Commision, the Court of Justice distinguish three types of infrigement cases: non communications, non conformity and incorrect application. The predominant political context of the implementation has changed to exclusively legal context after the accesion of Lithuania to the European Union. Since that time the European Commission has started supervision of the proper implementation and application of EU law in Lithuania with full effect of its powers provided in Articles 226 and 228 of the EC Treaty.
