Suchergebnisse

The biggest concern for the Lithuanian national criminal and criminal procedure law is the definition of features of certain crimes and minimal terms of imprisonment for certain crimes in EU legislation, as well as withdrawal of the rule of ne bis in idem in international legal assistance in criminal matters.

The biggest concern for the Lithuanian national criminal and criminal procedure law is the definition of features of certain crimes and minimal terms of imprisonment for certain crimes in EU legislation, as well as withdrawal of the rule of ne bis in idem in international legal assistance in criminal matters.

The biggest concern for the Lithuanian national criminal and criminal procedure law is the definition of features of certain crimes and minimal terms of imprisonment for certain crimes in EU legislation, as well as withdrawal of the rule of ne bis in idem in international legal assistance in criminal matters.

Election law is the main element of the constitutional democracy. In democratic society the Nation, as the holder of suverenity, grants power to the authority institutions. Fundamental rules must be implemented during the formation of political representative bodies. Fundamental principles are: universal election, equal election, free election, secret suffrage and direct suffrage. These principles consists of narrower regulations, which are important for the nature of the main principle. Electors' rights and duties originate from principles of the election law. Main principles of the election law are sometimes called Europe's electoral or constitutional law heritage. These principles are the main rules for organizing and administrating the process of election. Constitutional democracy requires that national authoritues should povide effective legal basis to implement and safeguard these rules. These principles are regulated in the Constitution of Lithuania and election statutes. Well-established safeguard apparatus can not be created, since statutes are often changed. This research is focused on the content of principles of the election: it discloses and gives broader understanding of the compaund elements of the principles; the research focuses on the problems deriving from the implementation and safeguard of the main principles.

Election law is the main element of the constitutional democracy. In democratic society the Nation, as the holder of suverenity, grants power to the authority institutions. Fundamental rules must be implemented during the formation of political representative bodies. Fundamental principles are: universal election, equal election, free election, secret suffrage and direct suffrage. These principles consists of narrower regulations, which are important for the nature of the main principle. Electors' rights and duties originate from principles of the election law. Main principles of the election law are sometimes called Europe's electoral or constitutional law heritage. These principles are the main rules for organizing and administrating the process of election. Constitutional democracy requires that national authoritues should povide effective legal basis to implement and safeguard these rules. These principles are regulated in the Constitution of Lithuania and election statutes. Well-established safeguard apparatus can not be created, since statutes are often changed. This research is focused on the content of principles of the election: it discloses and gives broader understanding of the compaund elements of the principles; the research focuses on the problems deriving from the implementation and safeguard of the main principles.

The advent of constitutional review and the growth of constitutional jurisprudence and its significance to the whole Lithuanian legal system should require detailed analysis of procedures by which the Constitutional Court examines the constitutionality of legislation and other matters falling within its competence, however the legal mind tends to pay relatively little attention to the constitutional justice procedure giving the priority to the look "from the outside" – a final act of a Constitutional Court, but not to the look "from the inside" – a procedure by which the final act is adopted. Thus in the numerous scholarly legal literature about the Constitutional Court there are relatively few research articles dedicated to the issues of constitutional justice procedure. One of the main reasons why these issues are left aside, like not requiring more scientific knowledge, is some uncertainty regarding the position from which they should be dealt with. There is no theoretical consensus about the question, whether legal norms and other provisions governing the procedures by which the Constitutional Court examines the constitutionality of legislation and other matters falling within its competence, to be considered as forming any independent part of the legal system. If so, whether this part of the legal system can be titled a branch of law? This article seeks to prove that constitutional justice procedure law, as a separate procedural branch of law, is substantiated not only by interfaces with other procedural branches of law, but also by the fact, that this area of law is governed by ordinary law acts and therefore can not be considered a procedural segment of the constitutional law. The autonomy of this branch of law is also evidenced by 2 classic features of separation of branches of law: separate legal subject matter and method. Although constitutional justice procedure law, as separate branch of law, can not be accepted without some doubt, especially given the fact that other procedural branches of law are characterized by a far greater intensiveness of regulation, however this branch of law is growing due to the Constitutional Court's development of its jurisprudence. This article also draws attention to the fact, that formation of this branch of law has not only a theoretical, but also a practical significance – it would attract more attention of the legal mind to the issues of constitutional justice procedure and provide systematic approach to the problematic aspects of this process and comprehensive discussions will certainly serve the development of constitutional justice procedure in Lithuania.

The advent of constitutional review and the growth of constitutional jurisprudence and its significance to the whole Lithuanian legal system should require detailed analysis of procedures by which the Constitutional Court examines the constitutionality of legislation and other matters falling within its competence, however the legal mind tends to pay relatively little attention to the constitutional justice procedure giving the priority to the look "from the outside" – a final act of a Constitutional Court, but not to the look "from the inside" – a procedure by which the final act is adopted. Thus in the numerous scholarly legal literature about the Constitutional Court there are relatively few research articles dedicated to the issues of constitutional justice procedure. One of the main reasons why these issues are left aside, like not requiring more scientific knowledge, is some uncertainty regarding the position from which they should be dealt with. There is no theoretical consensus about the question, whether legal norms and other provisions governing the procedures by which the Constitutional Court examines the constitutionality of legislation and other matters falling within its competence, to be considered as forming any independent part of the legal system. If so, whether this part of the legal system can be titled a branch of law? This article seeks to prove that constitutional justice procedure law, as a separate procedural branch of law, is substantiated not only by interfaces with other procedural branches of law, but also by the fact, that this area of law is governed by ordinary law acts and therefore can not be considered a procedural segment of the constitutional law. The autonomy of this branch of law is also evidenced by 2 classic features of separation of branches of law: separate legal subject matter and method. Although constitutional justice procedure law, as separate branch of law, can not be accepted without some doubt, especially given the fact that other procedural branches of law are characterized by a far greater intensiveness of regulation, however this branch of law is growing due to the Constitutional Court's development of its jurisprudence. This article also draws attention to the fact, that formation of this branch of law has not only a theoretical, but also a practical significance – it would attract more attention of the legal mind to the issues of constitutional justice procedure and provide systematic approach to the problematic aspects of this process and comprehensive discussions will certainly serve the development of constitutional justice procedure in Lithuania.

The advent of constitutional review and the growth of constitutional jurisprudence and its significance to the whole Lithuanian legal system should require detailed analysis of procedures by which the Constitutional Court examines the constitutionality of legislation and other matters falling within its competence, however the legal mind tends to pay relatively little attention to the constitutional justice procedure giving the priority to the look "from the outside" – a final act of a Constitutional Court, but not to the look "from the inside" – a procedure by which the final act is adopted. Thus in the numerous scholarly legal literature about the Constitutional Court there are relatively few research articles dedicated to the issues of constitutional justice procedure. One of the main reasons why these issues are left aside, like not requiring more scientific knowledge, is some uncertainty regarding the position from which they should be dealt with. There is no theoretical consensus about the question, whether legal norms and other provisions governing the procedures by which the Constitutional Court examines the constitutionality of legislation and other matters falling within its competence, to be considered as forming any independent part of the legal system. If so, whether this part of the legal system can be titled a branch of law? This article seeks to prove that constitutional justice procedure law, as a separate procedural branch of law, is substantiated not only by interfaces with other procedural branches of law, but also by the fact, that this area of law is governed by ordinary law acts and therefore can not be considered a procedural segment of the constitutional law. The autonomy of this branch of law is also evidenced by 2 classic features of separation of branches of law: separate legal subject matter and method. Although constitutional justice procedure law, as separate branch of law, can not be accepted without some doubt, especially given the fact that other procedural branches of law are characterized by a far greater intensiveness of regulation, however this branch of law is growing due to the Constitutional Court's development of its jurisprudence. This article also draws attention to the fact, that formation of this branch of law has not only a theoretical, but also a practical significance – it would attract more attention of the legal mind to the issues of constitutional justice procedure and provide systematic approach to the problematic aspects of this process and comprehensive discussions will certainly serve the development of constitutional justice procedure in Lithuania.

The advent of constitutional review and the growth of constitutional jurisprudence and its significance to the whole Lithuanian legal system should require detailed analysis of procedures by which the Constitutional Court examines the constitutionality of legislation and other matters falling within its competence, however the legal mind tends to pay relatively little attention to the constitutional justice procedure giving the priority to the look "from the outside" – a final act of a Constitutional Court, but not to the look "from the inside" – a procedure by which the final act is adopted. Thus in the numerous scholarly legal literature about the Constitutional Court there are relatively few research articles dedicated to the issues of constitutional justice procedure. One of the main reasons why these issues are left aside, like not requiring more scientific knowledge, is some uncertainty regarding the position from which they should be dealt with. There is no theoretical consensus about the question, whether legal norms and other provisions governing the procedures by which the Constitutional Court examines the constitutionality of legislation and other matters falling within its competence, to be considered as forming any independent part of the legal system. If so, whether this part of the legal system can be titled a branch of law? This article seeks to prove that constitutional justice procedure law, as a separate procedural branch of law, is substantiated not only by interfaces with other procedural branches of law, but also by the fact, that this area of law is governed by ordinary law acts and therefore can not be considered a procedural segment of the constitutional law. The autonomy of this branch of law is also evidenced by 2 classic features of separation of branches of law: separate legal subject matter and method. Although constitutional justice procedure law, as separate branch of law, can not be accepted without some doubt, especially given the fact that other procedural branches of law are characterized by a far greater intensiveness of regulation, however this branch of law is growing due to the Constitutional Court's development of its jurisprudence. This article also draws attention to the fact, that formation of this branch of law has not only a theoretical, but also a practical significance – it would attract more attention of the legal mind to the issues of constitutional justice procedure and provide systematic approach to the problematic aspects of this process and comprehensive discussions will certainly serve the development of constitutional justice procedure in Lithuania.

The conception of positive law at one ties the right with the law, i.e. formalization of law, determination of it. Just determined law can have its shape – the law in common sense. The State to the essence of positive law, as legal category, enters as the subject of lawmaking (natural law is changed to positive) and as guarantee of necessity of legal imperatives. The competence of natural law in this range restricts to declaring of humanistic ideas (legal ideas). It shows, which values should state turn to conventional regulation of behaviour and how much it can be limited. On the other hand, it is indicated, that the purpose of contemporary democratic state is not just reassurance of above-mentioned rights, because recently inthe society other important concerns for person are emphasized. The values of law are related with public interests. Western civilization and world-view orients to separate human needs, interests, his relations with other persons and their internecine services, cultural interchange. Human's personal and political rights and freedoms, his interests are the basic object of purpose and protection of modern democratic state.

The conception of positive law at one ties the right with the law, i.e. formalization of law, determination of it. Just determined law can have its shape – the law in common sense. The State to the essence of positive law, as legal category, enters as the subject of lawmaking (natural law is changed to positive) and as guarantee of necessity of legal imperatives. The competence of natural law in this range restricts to declaring of humanistic ideas (legal ideas). It shows, which values should state turn to conventional regulation of behaviour and how much it can be limited. On the other hand, it is indicated, that the purpose of contemporary democratic state is not just reassurance of above-mentioned rights, because recently inthe society other important concerns for person are emphasized. The values of law are related with public interests. Western civilization and world-view orients to separate human needs, interests, his relations with other persons and their internecine services, cultural interchange. Human's personal and political rights and freedoms, his interests are the basic object of purpose and protection of modern democratic state.

Challenging the Rule of Law in Europe: how the Rule of Law Crises Occur? European Union is suffering from the rule of law deficiencies in the Member States. The master thesis attempts to determine what short-comings in the legal system allow the rule of law crisis happen in established constitutional democracies and what could be the safeguards to prevent that from happening. The thesis argues that the rule of law as a concept can only be identified rather than defined, because of the wide usage in different contexts and its ambiguous nature. The rule of law crisis is defined as a situation when the violation of the principle is so severe that the legal order is fundamentally affected – cannot function properly without the resolution of the breach. Poland and Lithuania are compared based on their legal order linked to the Constitutional Court. The two countries where chosen as subjects because of shared history, similar political-legal systems and the importance of the strategic partnership between the two countries. During the analysis four areas of law where identified as most vulnerable: (1) justices appointment and removal procedures; (2) court and justice independence guarantees; (3) norms that prescribe the constitutional reviews procedure; (4) the provisions that mandate how norms and acts linked to constitutional order can be amended. The rule of law is addressed as a political and legal concept. Any solutions or safeguards must focus on that dual nature of the concept. International safeguards were found to be not sufficient enough without the support of national norms and political will to protect it effectively. Preventive nature of the safeguards that should be placed in the national legal order are emphasised the most.

Challenging the Rule of Law in Europe: how the Rule of Law Crises Occur? European Union is suffering from the rule of law deficiencies in the Member States. The master thesis attempts to determine what short-comings in the legal system allow the rule of law crisis happen in established constitutional democracies and what could be the safeguards to prevent that from happening. The thesis argues that the rule of law as a concept can only be identified rather than defined, because of the wide usage in different contexts and its ambiguous nature. The rule of law crisis is defined as a situation when the violation of the principle is so severe that the legal order is fundamentally affected – cannot function properly without the resolution of the breach. Poland and Lithuania are compared based on their legal order linked to the Constitutional Court. The two countries where chosen as subjects because of shared history, similar political-legal systems and the importance of the strategic partnership between the two countries. During the analysis four areas of law where identified as most vulnerable: (1) justices appointment and removal procedures; (2) court and justice independence guarantees; (3) norms that prescribe the constitutional reviews procedure; (4) the provisions that mandate how norms and acts linked to constitutional order can be amended. The rule of law is addressed as a political and legal concept. Any solutions or safeguards must focus on that dual nature of the concept. International safeguards were found to be not sufficient enough without the support of national norms and political will to protect it effectively. Preventive nature of the safeguards that should be placed in the national legal order are emphasised the most.

Challenging the Rule of Law in Europe: how the Rule of Law Crises Occur? European Union is suffering from the rule of law deficiencies in the Member States. The master thesis attempts to determine what short-comings in the legal system allow the rule of law crisis happen in established constitutional democracies and what could be the safeguards to prevent that from happening. The thesis argues that the rule of law as a concept can only be identified rather than defined, because of the wide usage in different contexts and its ambiguous nature. The rule of law crisis is defined as a situation when the violation of the principle is so severe that the legal order is fundamentally affected – cannot function properly without the resolution of the breach. Poland and Lithuania are compared based on their legal order linked to the Constitutional Court. The two countries where chosen as subjects because of shared history, similar political-legal systems and the importance of the strategic partnership between the two countries. During the analysis four areas of law where identified as most vulnerable: (1) justices appointment and removal procedures; (2) court and justice independence guarantees; (3) norms that prescribe the constitutional reviews procedure; (4) the provisions that mandate how norms and acts linked to constitutional order can be amended. The rule of law is addressed as a political and legal concept. Any solutions or safeguards must focus on that dual nature of the concept. International safeguards were found to be not sufficient enough without the support of national norms and political will to protect it effectively. Preventive nature of the safeguards that should be placed in the national legal order are emphasised the most.

Challenging the Rule of Law in Europe: how the Rule of Law Crises Occur? European Union is suffering from the rule of law deficiencies in the Member States. The master thesis attempts to determine what short-comings in the legal system allow the rule of law crisis happen in established constitutional democracies and what could be the safeguards to prevent that from happening. The thesis argues that the rule of law as a concept can only be identified rather than defined, because of the wide usage in different contexts and its ambiguous nature. The rule of law crisis is defined as a situation when the violation of the principle is so severe that the legal order is fundamentally affected – cannot function properly without the resolution of the breach. Poland and Lithuania are compared based on their legal order linked to the Constitutional Court. The two countries where chosen as subjects because of shared history, similar political-legal systems and the importance of the strategic partnership between the two countries. During the analysis four areas of law where identified as most vulnerable: (1) justices appointment and removal procedures; (2) court and justice independence guarantees; (3) norms that prescribe the constitutional reviews procedure; (4) the provisions that mandate how norms and acts linked to constitutional order can be amended. The rule of law is addressed as a political and legal concept. Any solutions or safeguards must focus on that dual nature of the concept. International safeguards were found to be not sufficient enough without the support of national norms and political will to protect it effectively. Preventive nature of the safeguards that should be placed in the national legal order are emphasised the most.