The first chapter of the descriptive section of the Doctoral Thesis "Public Procurement Control Mechanism in Lithuania" reveals the concept of public and legal regulation of the public procurement, analyses the development of the public regulation in the EU and Lithuania. The chapter also introduces the content of the public procurement principles and objectives, and the efficiency of their implementation by the means of the public procurement control. The second chapter of the descriptive section explores the institutional system of the public procurement control; it is compared to the examples of the neighbouring countries Latvia and Estonia, it also aims to assess the disfunctions of the public procurement control and potential directions for its improvement; the chapter contains an empirical research analysis as well. The third chapter of the descriptive section introduces to the public procurement mechanism suggested by the author along with the settlement of the public procurement disputes in a mandatory pre-litigation procedure. The final section of the Thesis provides with conclusions and recommendations aimed at the improvement of the existing regulatory framework of the public procurement being applied in the Republic of Lithuania to ensure an efficient implementation of the public procurement objectives. A particular focus is made on legislation and draft regulations necessary to implement the mechanism of the new settlement of the public procurement disputes in a mandatory pre-litigation procedure.
The first chapter of the descriptive section of the Doctoral Thesis "Public Procurement Control Mechanism in Lithuania" reveals the concept of public and legal regulation of the public procurement, analyses the development of the public regulation in the EU and Lithuania. The chapter also introduces the content of the public procurement principles and objectives, and the efficiency of their implementation by the means of the public procurement control. The second chapter of the descriptive section explores the institutional system of the public procurement control; it is compared to the examples of the neighbouring countries Latvia and Estonia, it also aims to assess the disfunctions of the public procurement control and potential directions for its improvement; the chapter contains an empirical research analysis as well. The third chapter of the descriptive section introduces to the public procurement mechanism suggested by the author along with the settlement of the public procurement disputes in a mandatory pre-litigation procedure. The final section of the Thesis provides with conclusions and recommendations aimed at the improvement of the existing regulatory framework of the public procurement being applied in the Republic of Lithuania to ensure an efficient implementation of the public procurement objectives. A particular focus is made on legislation and draft regulations necessary to implement the mechanism of the new settlement of the public procurement disputes in a mandatory pre-litigation procedure.
Recently, the banking industry has faced considerable challenges in Lithuania. Two banks faced insolvency almost in a year's time. These cases subsequently have undergone dramatic changes in society, which now has a new legal viewpoint. Resolution and the bail-out of failing banks have an impact on the perceived credit risk as well as the financial soundness and the solvency of banks. Besides, they lead to many legal issues, which should be investigated at a scientific level. Regarding bank insolvency proceedings, essentially there are two options: direct liquidation (bank bankruptcy) or bank resolution (different legal techniques of restructuring). The main objective of bank restructuring is to restore individual banks or their solvency, merge, sell, or recapitalize banks, recover assets, operations and procedures. On the other hand, the main objectives of bank liquidation are to reduce creditors' losses and to eliminate insolvent banks from the market under the regular insolvency procedures. The main objective of the paper is to analyze bank resolution methods from the perspective of Lithuanian law. Bank insolvency law is not analyzed and investigated essentially in the Lithuania's scientific field. Two issues are analyzed in this paper: legal options and legal mechanisms of bank resolution and, on top of that, effects of implementing bank resolution tools. Resolution tools are interconnected with recent Lithuanian bank insolvency cases and based on their practice. The main aim of the article is to analyze, investigate and expose bank resolution techniques according to the Lithuanian law system. The statements are derived from analyses of scientific literature, relevant legislation, practice of the courts and relevant reports. The paper is written from the perspective of Lithuanian law.
Recently, the banking industry has faced considerable challenges in Lithuania. Two banks faced insolvency almost in a year's time. These cases subsequently have undergone dramatic changes in society, which now has a new legal viewpoint. Resolution and the bail-out of failing banks have an impact on the perceived credit risk as well as the financial soundness and the solvency of banks. Besides, they lead to many legal issues, which should be investigated at a scientific level. Regarding bank insolvency proceedings, essentially there are two options: direct liquidation (bank bankruptcy) or bank resolution (different legal techniques of restructuring). The main objective of bank restructuring is to restore individual banks or their solvency, merge, sell, or recapitalize banks, recover assets, operations and procedures. On the other hand, the main objectives of bank liquidation are to reduce creditors' losses and to eliminate insolvent banks from the market under the regular insolvency procedures. The main objective of the paper is to analyze bank resolution methods from the perspective of Lithuanian law. Bank insolvency law is not analyzed and investigated essentially in the Lithuania's scientific field. Two issues are analyzed in this paper: legal options and legal mechanisms of bank resolution and, on top of that, effects of implementing bank resolution tools. Resolution tools are interconnected with recent Lithuanian bank insolvency cases and based on their practice. The main aim of the article is to analyze, investigate and expose bank resolution techniques according to the Lithuanian law system. The statements are derived from analyses of scientific literature, relevant legislation, practice of the courts and relevant reports. The paper is written from the perspective of Lithuanian law.
In this master thesis, regarding the recently in the Lithuania observed lack of citizens interest in politics and trust in the elected representatives, the hypothesis is held, that the Lithuanians voters decide to go to the pools on the basis of expressive motivations (the expressive motivations to go to vote in this theses are defined as the motivations, when citizen decide to go to the pools first of all because the very act of the voting has a value to him, not because he expect the concrete benefit from the election results, when the winning party or candidate will implement their policy). To examine this is the objective of this thesis. First of all the existing theories on the citizens' turnout motivations are reviewed, analyzed and classified, then the feasible model of the citizens motivation to vote are constructed on the basis of the extended rational choice theory. The main distinction is made between the instrumental and expressive voters turnout motivations. Thought in this thesis it is not aimed to evaluate the expressive motivations normatively, the possible sequences of the voting, when the turnout is conditioned by this kind of reasons, is objectively discussed. The conclusion is made that the broader outcomes of the expressive motivations highly depends on the specific kind of motivation from this group, but generally, one could state, that expressive motivations (certain kinds of them) can damage democratic quality, but definitely helps to sustain this kind of political regime. For the further analysis along the constructed turnout motivations model, the block of the survey questions was designed. The representative population survey was held in the end of March – beginning of the April of 2008 and the data provided by it is used in the succeeding research. Eight possible turnout motivations are defined: two instrumental (going to vote first of all because of the intension to elect the representatives of the voters interest, and the intension through the results of the election to resolve the topical issue voter cares about) ant six expressive motivations (going to vote because of the sense of civic duty, loyalty to the preferred political party or candidate, desire just to express one's will in the state ruling processes, solidarity to other members of one's social environment, pleasure to socialize with other community members during the voting process and going to the pools just for entertaining). In order to separate these two highly related motivation groups, the cleavage is incorporated and the concrete conditions which have to be fulfilled during the survey data's analysis in order to claim the prime existence of one or another motivation are defined. As expected, the existence of the expressive turnout motivations among Lithuanian voters is confirmed. Among them the most common, most popular motivations are going to the pools because of the desire to express the loyalty and support for the preferred political party or candidate (even if it is not expected that they can win), to express one's will in the state governing process, and going to the pools just because of the sense of duty. The more popular instrumental motivation, as it is found, is going to vote because of the desire to elect ones representative, but the most often both of the instrumental motivations are reported. Making the comparison, with some precaution one could say that the expressive motivations of turnout are even more often than the instrumental among Lithuanian voters.
In this master thesis, regarding the recently in the Lithuania observed lack of citizens interest in politics and trust in the elected representatives, the hypothesis is held, that the Lithuanians voters decide to go to the pools on the basis of expressive motivations (the expressive motivations to go to vote in this theses are defined as the motivations, when citizen decide to go to the pools first of all because the very act of the voting has a value to him, not because he expect the concrete benefit from the election results, when the winning party or candidate will implement their policy). To examine this is the objective of this thesis. First of all the existing theories on the citizens' turnout motivations are reviewed, analyzed and classified, then the feasible model of the citizens motivation to vote are constructed on the basis of the extended rational choice theory. The main distinction is made between the instrumental and expressive voters turnout motivations. Thought in this thesis it is not aimed to evaluate the expressive motivations normatively, the possible sequences of the voting, when the turnout is conditioned by this kind of reasons, is objectively discussed. The conclusion is made that the broader outcomes of the expressive motivations highly depends on the specific kind of motivation from this group, but generally, one could state, that expressive motivations (certain kinds of them) can damage democratic quality, but definitely helps to sustain this kind of political regime. For the further analysis along the constructed turnout motivations model, the block of the survey questions was designed. The representative population survey was held in the end of March – beginning of the April of 2008 and the data provided by it is used in the succeeding research. Eight possible turnout motivations are defined: two instrumental (going to vote first of all because of the intension to elect the representatives of the voters interest, and the intension through the results of the election to resolve the topical issue voter cares about) ant six expressive motivations (going to vote because of the sense of civic duty, loyalty to the preferred political party or candidate, desire just to express one's will in the state ruling processes, solidarity to other members of one's social environment, pleasure to socialize with other community members during the voting process and going to the pools just for entertaining). In order to separate these two highly related motivation groups, the cleavage is incorporated and the concrete conditions which have to be fulfilled during the survey data's analysis in order to claim the prime existence of one or another motivation are defined. As expected, the existence of the expressive turnout motivations among Lithuanian voters is confirmed. Among them the most common, most popular motivations are going to the pools because of the desire to express the loyalty and support for the preferred political party or candidate (even if it is not expected that they can win), to express one's will in the state governing process, and going to the pools just because of the sense of duty. The more popular instrumental motivation, as it is found, is going to vote because of the desire to elect ones representative, but the most often both of the instrumental motivations are reported. Making the comparison, with some precaution one could say that the expressive motivations of turnout are even more often than the instrumental among Lithuanian voters.
The article deals with the international and national mechanisms used to place new psychoactive substances under control. The authors provide an overview of the systems in use in the United Nations and the European Union, as well as in many European and other states, to criminalize newly emerging psychoactive substances, as well as propose certain legislative changes that could be adapted in the European Union to make the procedures of criminalization more straightforward. The article also provides for an overview and analysis of legal formulations used to define new psychoactive substances in different European and other states: list approach, generic scheduling, blanket bans, regulation through the laws on consumer protection and health protection, establishing legal markets for new psychoactive substances.
The article deals with the international and national mechanisms used to place new psychoactive substances under control. The authors provide an overview of the systems in use in the United Nations and the European Union, as well as in many European and other states, to criminalize newly emerging psychoactive substances, as well as propose certain legislative changes that could be adapted in the European Union to make the procedures of criminalization more straightforward. The article also provides for an overview and analysis of legal formulations used to define new psychoactive substances in different European and other states: list approach, generic scheduling, blanket bans, regulation through the laws on consumer protection and health protection, establishing legal markets for new psychoactive substances.
The article deals with the international and national mechanisms used to place new psychoactive substances under control. The authors provide an overview of the systems in use in the United Nations and the European Union, as well as in many European and other states, to criminalize newly emerging psychoactive substances, as well as propose certain legislative changes that could be adapted in the European Union to make the procedures of criminalization more straightforward. The article also provides for an overview and analysis of legal formulations used to define new psychoactive substances in different European and other states: list approach, generic scheduling, blanket bans, regulation through the laws on consumer protection and health protection, establishing legal markets for new psychoactive substances.
The article deals with the international and national mechanisms used to place new psychoactive substances under control. The authors provide an overview of the systems in use in the United Nations and the European Union, as well as in many European and other states, to criminalize newly emerging psychoactive substances, as well as propose certain legislative changes that could be adapted in the European Union to make the procedures of criminalization more straightforward. The article also provides for an overview and analysis of legal formulations used to define new psychoactive substances in different European and other states: list approach, generic scheduling, blanket bans, regulation through the laws on consumer protection and health protection, establishing legal markets for new psychoactive substances.
This paper analyzes the legal framework of the Exchange Rate Mechanism II (ERM II), its objectives and practical aspects. This mechanism is the exchange rate policy of the euro area and non-euro area EU Member States participating in this mechanism, which aims to ensure the economic stability of the European Union and to prepare the countries for the adoption of the euro. ERM II plays an important role in Economic and Monetary Union as mean to ensure a stable economic and monetary system and stable prices. Moreover, it is one of the stages for countries to join the euro area. The ERM II is regulated in the most important legal acts of the European Union - the Treaties of Rome and Maastricht, as well as in more detailed legislation - the resolution and the treaty. When a Member State joins ERM II and agrees on central exchange rate and fluctuation margins, it is supported by intervention at the marginal and coordinated intramarginal intervention mechanisms. Intervention at the marginal is performed automatically, but also countries can agree on coordinated intramarginal intervention. Both types of intervention are carried out by the national banks of the Member States and the European Central Bank through the intervention to the foreign exchange market and thus adjusting the exchange rate. For a long time, Lithuania used the currency board as a currency management mechanism and used to fix the litas exchange rate with the US dollar. Finally, Lithuania became one of the first ERM II members, of those who joined the European Union in 2004. ERM II was used by Lithuania for more than ten years before the euro was introduced in 2015. ERM II will continue to be one of the key mechanisms in the European Union's public finance sector, but most of its participants will only be temporary as their participation is only one of the convergence requirements.
This paper analyzes the legal framework of the Exchange Rate Mechanism II (ERM II), its objectives and practical aspects. This mechanism is the exchange rate policy of the euro area and non-euro area EU Member States participating in this mechanism, which aims to ensure the economic stability of the European Union and to prepare the countries for the adoption of the euro. ERM II plays an important role in Economic and Monetary Union as mean to ensure a stable economic and monetary system and stable prices. Moreover, it is one of the stages for countries to join the euro area. The ERM II is regulated in the most important legal acts of the European Union - the Treaties of Rome and Maastricht, as well as in more detailed legislation - the resolution and the treaty. When a Member State joins ERM II and agrees on central exchange rate and fluctuation margins, it is supported by intervention at the marginal and coordinated intramarginal intervention mechanisms. Intervention at the marginal is performed automatically, but also countries can agree on coordinated intramarginal intervention. Both types of intervention are carried out by the national banks of the Member States and the European Central Bank through the intervention to the foreign exchange market and thus adjusting the exchange rate. For a long time, Lithuania used the currency board as a currency management mechanism and used to fix the litas exchange rate with the US dollar. Finally, Lithuania became one of the first ERM II members, of those who joined the European Union in 2004. ERM II was used by Lithuania for more than ten years before the euro was introduced in 2015. ERM II will continue to be one of the key mechanisms in the European Union's public finance sector, but most of its participants will only be temporary as their participation is only one of the convergence requirements.
This paper analyzes the legal framework of the Exchange Rate Mechanism II (ERM II), its objectives and practical aspects. This mechanism is the exchange rate policy of the euro area and non-euro area EU Member States participating in this mechanism, which aims to ensure the economic stability of the European Union and to prepare the countries for the adoption of the euro. ERM II plays an important role in Economic and Monetary Union as mean to ensure a stable economic and monetary system and stable prices. Moreover, it is one of the stages for countries to join the euro area. The ERM II is regulated in the most important legal acts of the European Union - the Treaties of Rome and Maastricht, as well as in more detailed legislation - the resolution and the treaty. When a Member State joins ERM II and agrees on central exchange rate and fluctuation margins, it is supported by intervention at the marginal and coordinated intramarginal intervention mechanisms. Intervention at the marginal is performed automatically, but also countries can agree on coordinated intramarginal intervention. Both types of intervention are carried out by the national banks of the Member States and the European Central Bank through the intervention to the foreign exchange market and thus adjusting the exchange rate. For a long time, Lithuania used the currency board as a currency management mechanism and used to fix the litas exchange rate with the US dollar. Finally, Lithuania became one of the first ERM II members, of those who joined the European Union in 2004. ERM II was used by Lithuania for more than ten years before the euro was introduced in 2015. ERM II will continue to be one of the key mechanisms in the European Union's public finance sector, but most of its participants will only be temporary as their participation is only one of the convergence requirements.
This paper analyzes the legal framework of the Exchange Rate Mechanism II (ERM II), its objectives and practical aspects. This mechanism is the exchange rate policy of the euro area and non-euro area EU Member States participating in this mechanism, which aims to ensure the economic stability of the European Union and to prepare the countries for the adoption of the euro. ERM II plays an important role in Economic and Monetary Union as mean to ensure a stable economic and monetary system and stable prices. Moreover, it is one of the stages for countries to join the euro area. The ERM II is regulated in the most important legal acts of the European Union - the Treaties of Rome and Maastricht, as well as in more detailed legislation - the resolution and the treaty. When a Member State joins ERM II and agrees on central exchange rate and fluctuation margins, it is supported by intervention at the marginal and coordinated intramarginal intervention mechanisms. Intervention at the marginal is performed automatically, but also countries can agree on coordinated intramarginal intervention. Both types of intervention are carried out by the national banks of the Member States and the European Central Bank through the intervention to the foreign exchange market and thus adjusting the exchange rate. For a long time, Lithuania used the currency board as a currency management mechanism and used to fix the litas exchange rate with the US dollar. Finally, Lithuania became one of the first ERM II members, of those who joined the European Union in 2004. ERM II was used by Lithuania for more than ten years before the euro was introduced in 2015. ERM II will continue to be one of the key mechanisms in the European Union's public finance sector, but most of its participants will only be temporary as their participation is only one of the convergence requirements.
The most important task of this notice is to reveal what allows to approve or to deny the existence or absence of democracy as political-social phenomena. While looking for a solution more attention was paid to such political processes as a electoral system and rule system in order to reveal their relation with implementation of democracy and the degree of this implementation. This notice will convince us that the historical basis of democracy is association as civil community where the decisions are made by the members of this association who are equal to each other among themselves. What is more, those chapters where electoral and rule systems are discussed show that the way how the the rule apparatus is ordered has a lot of influence to any political regime, in our case to democracy. That means, for example, that the majority electoral system is efficient and covers up the criterions of democracy only in those states where two-party system is predominant or, for example, that it is impossible to imagine undisciplined parties that rule efficient and in democratic way in parlametary state. More over, the aim of the last chapter was to get readers familiar with cosmopolitan model of democracy and with the global degree of democracy, further more, to reveal the lookouts of democracy development and means that are the most suitable to implement that development.
