Suchergebnisse

Comparative Analysis of Crowdfunding Regulation in EU and the Lithuanian National Law The aim of this analysis is to study and evaluate the legal regulation of crowdfunding in Lithuania and the European Union. The goal is achieved through examining doctrinal positions, research conducted by financial market supervisory authorities and legal regulation of Lithuania and foreign countries. The first part of the work reviews the crowdfunding market, assesses the operation requirements for crowdfunding platform operators and explains the basis for the legal regulation in general. The second part of the work analyses which types of crowdfunding are chosen to regulate both in Lithuania and the EU, evaluates the requirements for owners of crowdfunding projects and explains the stimuli for the demand for the crowdfunding market. The third part of the work reveals the risks to investors in crowdfunding projects and measures set in place in order to protect their interests. The paper concludes that despite small differences, crowdfunding is regulated in a very similar way both under the current legal regulation in Lithuania and under the upcoming EU crowdfunding regulation. However, given the regulatory differences, it is warned that Lithuanian crowdfunding platform operators must responsibly assess their customers before exercising the right to operate throughout the EU under the crowdfunding regulation. It is established that peer-to-peer lending has been chosen not to be regulated by the Regulation. The changing role of supervisory authorities is also assessed.

Comparative Analysis of Crowdfunding Regulation in EU and the Lithuanian National Law The aim of this analysis is to study and evaluate the legal regulation of crowdfunding in Lithuania and the European Union. The goal is achieved through examining doctrinal positions, research conducted by financial market supervisory authorities and legal regulation of Lithuania and foreign countries. The first part of the work reviews the crowdfunding market, assesses the operation requirements for crowdfunding platform operators and explains the basis for the legal regulation in general. The second part of the work analyses which types of crowdfunding are chosen to regulate both in Lithuania and the EU, evaluates the requirements for owners of crowdfunding projects and explains the stimuli for the demand for the crowdfunding market. The third part of the work reveals the risks to investors in crowdfunding projects and measures set in place in order to protect their interests. The paper concludes that despite small differences, crowdfunding is regulated in a very similar way both under the current legal regulation in Lithuania and under the upcoming EU crowdfunding regulation. However, given the regulatory differences, it is warned that Lithuanian crowdfunding platform operators must responsibly assess their customers before exercising the right to operate throughout the EU under the crowdfunding regulation. It is established that peer-to-peer lending has been chosen not to be regulated by the Regulation. The changing role of supervisory authorities is also assessed.

Comparative Analysis of Crowdfunding Regulation in EU and the Lithuanian National Law The aim of this analysis is to study and evaluate the legal regulation of crowdfunding in Lithuania and the European Union. The goal is achieved through examining doctrinal positions, research conducted by financial market supervisory authorities and legal regulation of Lithuania and foreign countries. The first part of the work reviews the crowdfunding market, assesses the operation requirements for crowdfunding platform operators and explains the basis for the legal regulation in general. The second part of the work analyses which types of crowdfunding are chosen to regulate both in Lithuania and the EU, evaluates the requirements for owners of crowdfunding projects and explains the stimuli for the demand for the crowdfunding market. The third part of the work reveals the risks to investors in crowdfunding projects and measures set in place in order to protect their interests. The paper concludes that despite small differences, crowdfunding is regulated in a very similar way both under the current legal regulation in Lithuania and under the upcoming EU crowdfunding regulation. However, given the regulatory differences, it is warned that Lithuanian crowdfunding platform operators must responsibly assess their customers before exercising the right to operate throughout the EU under the crowdfunding regulation. It is established that peer-to-peer lending has been chosen not to be regulated by the Regulation. The changing role of supervisory authorities is also assessed.

Comparative Analysis of Crowdfunding Regulation in EU and the Lithuanian National Law The aim of this analysis is to study and evaluate the legal regulation of crowdfunding in Lithuania and the European Union. The goal is achieved through examining doctrinal positions, research conducted by financial market supervisory authorities and legal regulation of Lithuania and foreign countries. The first part of the work reviews the crowdfunding market, assesses the operation requirements for crowdfunding platform operators and explains the basis for the legal regulation in general. The second part of the work analyses which types of crowdfunding are chosen to regulate both in Lithuania and the EU, evaluates the requirements for owners of crowdfunding projects and explains the stimuli for the demand for the crowdfunding market. The third part of the work reveals the risks to investors in crowdfunding projects and measures set in place in order to protect their interests. The paper concludes that despite small differences, crowdfunding is regulated in a very similar way both under the current legal regulation in Lithuania and under the upcoming EU crowdfunding regulation. However, given the regulatory differences, it is warned that Lithuanian crowdfunding platform operators must responsibly assess their customers before exercising the right to operate throughout the EU under the crowdfunding regulation. It is established that peer-to-peer lending has been chosen not to be regulated by the Regulation. The changing role of supervisory authorities is also assessed.

Since the entrance into the EU Lithuania has made a significant progress transposing, applying and implementing the EU law provisions. This article examines the new EU rules on package travel and its impact on national tourism law. The EU Commission's aim to extend the protection offered by the 1990 EU Package Travel Directive in 2013 resulted into the proposal of the new Directive on Package Travel which was formally adopted by the European Parliament and Member States in November 2015. Member States had to implement the rules in national legislation by 1 January 2018. There was then a six-month transition period, until 1 July, which is the date when the national measures transposing the Directive started (should started) applying. The article, inter alia, states that this Directive has a maximum harmonisation approach (as opposed to an earlier minimum harmonisation approach), therefore the Member States cannot maintain or introduce provisions that diverge from the Directive except in concrete cases as listened in the Directive. For example, the Directive allows Member States to provide for the concurrent liability of the retailer of a package in addition to the liability of the organiser. The impact of the new EU rules on the national tourism law legislation is unquestionable. But their effectiveness depend on their timely and correct transposition. The question in case is how professionally and how precisely the EU Member States transpose the EU law provisions into the national legal systems. Therefore this article examine how the new rules have been transposed into Lithuanian law, includes the overview of several practical problems arising by the implementation of the new rules and analyses if any follow-up measures are necessary. The new Directive aims to achieve a robust level of consumer protection for package travel and linked travel arrangements. They are now adapted to the digital age and the new ways of booking holidays. The EU rules cover pre-arranged package holidays, but also self-customised packages, where the traveller chooses different elements from a single point of sale online or offline. Therefore, this article presents conclusions on how the Directive has changed the scope of consumer – traveller protection in Lithuania. These include findings about extending the definition of packages to include dynamic packaging, introducing new concept of traveller (which is wider than the concept of consumer) and introducing the new concept of linked travel arrangements, when the traveller purchases travel services at one point of sale, but through separate booking processes, or, after having booked one travel service on one website, is invited to book another service on a different website (for example, when the traveller books a flight on a website and is then invited to book a hotel on a different website). The authors conclude that as of Sunday 1 July, travellers booking package holidays will enjoy stronger consumer rights. Finally, the authors present the recommendations about further improvements of Lithuania tourism law.

Since the entrance into the EU Lithuania has made a significant progress transposing, applying and implementing the EU law provisions. This article examines the new EU rules on package travel and its impact on national tourism law. The EU Commission's aim to extend the protection offered by the 1990 EU Package Travel Directive in 2013 resulted into the proposal of the new Directive on Package Travel which was formally adopted by the European Parliament and Member States in November 2015. Member States had to implement the rules in national legislation by 1 January 2018. There was then a six-month transition period, until 1 July, which is the date when the national measures transposing the Directive started (should started) applying. The article, inter alia, states that this Directive has a maximum harmonisation approach (as opposed to an earlier minimum harmonisation approach), therefore the Member States cannot maintain or introduce provisions that diverge from the Directive except in concrete cases as listened in the Directive. For example, the Directive allows Member States to provide for the concurrent liability of the retailer of a package in addition to the liability of the organiser. The impact of the new EU rules on the national tourism law legislation is unquestionable. But their effectiveness depend on their timely and correct transposition. The question in case is how professionally and how precisely the EU Member States transpose the EU law provisions into the national legal systems. Therefore this article examine how the new rules have been transposed into Lithuanian law, includes the overview of several practical problems arising by the implementation of the new rules and analyses if any follow-up measures are necessary. The new Directive aims to achieve a robust level of consumer protection for package travel and linked travel arrangements. They are now adapted to the digital age and the new ways of booking holidays. The EU rules cover pre-arranged package holidays, but also self-customised packages, where the traveller chooses different elements from a single point of sale online or offline. Therefore, this article presents conclusions on how the Directive has changed the scope of consumer – traveller protection in Lithuania. These include findings about extending the definition of packages to include dynamic packaging, introducing new concept of traveller (which is wider than the concept of consumer) and introducing the new concept of linked travel arrangements, when the traveller purchases travel services at one point of sale, but through separate booking processes, or, after having booked one travel service on one website, is invited to book another service on a different website (for example, when the traveller books a flight on a website and is then invited to book a hotel on a different website). The authors conclude that as of Sunday 1 July, travellers booking package holidays will enjoy stronger consumer rights. Finally, the authors present the recommendations about further improvements of Lithuania tourism law.

In this work the author aspires to fully explore the importance of European Union law for the national criminal law. This is done by taking a closer look at the European Union law and how it is incorporated into national law. Author is analyzing different types of European Union legal acts and how they directly influence national and national criminal law. The first part of this paper is dedicated to the European Union legal acts types, their adoption procedures and how they influence Lithuanian legal system. It is analyzed how European Union law is influencing national legislation and the author mentions some aspects that should be taken into consideration when national law is being harmonized with European Union law requirements. In the second part of the work a direct look is taken at the primary and secondary European Union legal acts influence for the national criminal law system. Moreover, it is analyzed how European Union law is incorporated into national law and what influence it has. Finally, some of international conventions are reviewed, precisely the ones that have influence for national criminal law formation. In the final part of the paper particular institutes of national criminal law are examined. These are the institutes that are highly influenced by European Union legal acts, such as liability of natural an legal persons, stages in the commission of crime, aiding and abetting. The author analyses how European Union legal acts regarding the mentioned institutes are implemented in national criminal law. Besides, one of the most important European Union legal cooperation institutes is examined – the European Union arrest order. Its pros and cons are compared to previously adopted extradition mechanism.

In this work the author aspires to fully explore the importance of European Union law for the national criminal law. This is done by taking a closer look at the European Union law and how it is incorporated into national law. Author is analyzing different types of European Union legal acts and how they directly influence national and national criminal law. The first part of this paper is dedicated to the European Union legal acts types, their adoption procedures and how they influence Lithuanian legal system. It is analyzed how European Union law is influencing national legislation and the author mentions some aspects that should be taken into consideration when national law is being harmonized with European Union law requirements. In the second part of the work a direct look is taken at the primary and secondary European Union legal acts influence for the national criminal law system. Moreover, it is analyzed how European Union law is incorporated into national law and what influence it has. Finally, some of international conventions are reviewed, precisely the ones that have influence for national criminal law formation. In the final part of the paper particular institutes of national criminal law are examined. These are the institutes that are highly influenced by European Union legal acts, such as liability of natural an legal persons, stages in the commission of crime, aiding and abetting. The author analyses how European Union legal acts regarding the mentioned institutes are implemented in national criminal law. Besides, one of the most important European Union legal cooperation institutes is examined – the European Union arrest order. Its pros and cons are compared to previously adopted extradition mechanism.

Despite the implementation of the forced and compulsory labour prohibition principle in various international and national legal acts, forced or compulsory labour as such remains a huge problem both in economically developed and developing countries. Millions of people around the globe are still performing forced or compulsory labour. Analysis of the forced and compulsory labour prohibition principle and it's implementation in national and international law is the subject of this master thesis. The main topics covered in the thesis include analysis of legal acts and court cases, related to the subject of the forced and compulsory labour prohibition, and the overview of the practical implementation of forced and compulsory labour principle. The Forced Labour Convention, 1930 (No. 29), the Abolition of Forced Labour Convention, 1957 (No. 105), the European Convention on Human Rights, the International Covenant on Civil and Political Rights, International Labour Organization reports concerning forced and compulsory labour are the key international documents that were used for analysing the topic. The key national legal acts that were used in the master thesis are the Constitution of the Republic of Lithuania, the Labour Code of the Republic of Lithuania and the Criminal Code of the Republic of Lithuania. The master thesis covers analysis of national and international literature as well as an overview of the most important cases related with forced or compulsory labour, examined by the European Court of Human Rights.

Despite the implementation of the forced and compulsory labour prohibition principle in various international and national legal acts, forced or compulsory labour as such remains a huge problem both in economically developed and developing countries. Millions of people around the globe are still performing forced or compulsory labour. Analysis of the forced and compulsory labour prohibition principle and it's implementation in national and international law is the subject of this master thesis. The main topics covered in the thesis include analysis of legal acts and court cases, related to the subject of the forced and compulsory labour prohibition, and the overview of the practical implementation of forced and compulsory labour principle. The Forced Labour Convention, 1930 (No. 29), the Abolition of Forced Labour Convention, 1957 (No. 105), the European Convention on Human Rights, the International Covenant on Civil and Political Rights, International Labour Organization reports concerning forced and compulsory labour are the key international documents that were used for analysing the topic. The key national legal acts that were used in the master thesis are the Constitution of the Republic of Lithuania, the Labour Code of the Republic of Lithuania and the Criminal Code of the Republic of Lithuania. The master thesis covers analysis of national and international literature as well as an overview of the most important cases related with forced or compulsory labour, examined by the European Court of Human Rights.

In practice, a problem is frequently faced when such kind of provisional measures in not expressis verbis embodied in the text of national law. This hinders the right of the parties concerned to make use of such provisional measures significantly. Such hindrances limit the right of the parties concerned to effective judicial protection and may lead to violation of the EU law. For instance, The Code of Civil Procedure of Lithuania does not provide for special rules concerning suspension of national legal provisions in the above-mentioned situations. However, bearing in mind that the Court of Justice recognized the right to obtain interim measures before national courts to be an integral part of the EU concept of direct, immediate and effective judicial protection, national court should have the right to grant such provisional measures. Therefore, it is submitted that it would be appropriate for the national legislator of Lithuania to resolve the question on filling this gap in national legal system.

In practice, a problem is frequently faced when such kind of provisional measures in not expressis verbis embodied in the text of national law. This hinders the right of the parties concerned to make use of such provisional measures significantly. Such hindrances limit the right of the parties concerned to effective judicial protection and may lead to violation of the EU law. For instance, The Code of Civil Procedure of Lithuania does not provide for special rules concerning suspension of national legal provisions in the above-mentioned situations. However, bearing in mind that the Court of Justice recognized the right to obtain interim measures before national courts to be an integral part of the EU concept of direct, immediate and effective judicial protection, national court should have the right to grant such provisional measures. Therefore, it is submitted that it would be appropriate for the national legislator of Lithuania to resolve the question on filling this gap in national legal system.

After the Lisbon Treaty entered into force, energy policy was introduced as a new EU competence. The author analyzes, are there any possibilities to treat energy law as a separate branch of the national law. Legal acts regulating this policy area, and their scope are being overviewed, the issue of the separate regulation method of the energy law is being discussed.

After the Lisbon Treaty entered into force, energy policy was introduced as a new EU competence. The author analyzes, are there any possibilities to treat energy law as a separate branch of the national law. Legal acts regulating this policy area, and their scope are being overviewed, the issue of the separate regulation method of the energy law is being discussed.

After the Lisbon Treaty entered into force, energy policy was introduced as a new EU competence. The author analyzes, are there any possibilities to treat energy law as a separate branch of the national law. Legal acts regulating this policy area, and their scope are being overviewed, the issue of the separate regulation method of the energy law is being discussed.