Suchergebnisse

The article analyses the administrative supervision of local self-government in the context of good governance in the Republic of Lithuania. Administrative supervision of local authorities is the requirement of the Rule of Law. In accordance with the theory, documents of international organisations, and international and Lithuanian acts of law, the Rule of Law is one of the main principles of good governance. The analysis of the Rule of Law principle helps to disclose the importance of the administrative supervision of local self-government. The research has shown that the institutions of local self-government have to follow the Constitution and the laws both in enacting legal acts and in their daily work. The Government Representative in the County is the main officer who exercises the administrative supervision of local authorities, ensuring that local authorities act in compliance with the Constitution and laws of the Republic of Lithuania and that they carry out the decisions of the Government.

The article analyses the administrative supervision of local self-government in the context of good governance in the Republic of Lithuania. Administrative supervision of local authorities is the requirement of the Rule of Law. In accordance with the theory, documents of international organisations, and international and Lithuanian acts of law, the Rule of Law is one of the main principles of good governance. The analysis of the Rule of Law principle helps to disclose the importance of the administrative supervision of local self-government. The research has shown that the institutions of local self-government have to follow the Constitution and the laws both in enacting legal acts and in their daily work. The Government Representative in the County is the main officer who exercises the administrative supervision of local authorities, ensuring that local authorities act in compliance with the Constitution and laws of the Republic of Lithuania and that they carry out the decisions of the Government.

Doctoral dissertation is devoted to the theme of parental responsibility. Rules of jurisdiction, common provisions and the application of them in parental responsibility cases under the Regulation Brussels IIa are main issues that fall within the scope of empirical research. The thesis produces a comprehensive analysis of the case law of the Court of Justice of the European Union as well as the judicial practice of the national courts of the Republic of Lithuania and some other European countries. The object of the research encompasses the system of international and European instruments that regulate the rules of jurisdiction and common provisions for hearing parental responsibility cases that have European element. The goal of the research is to analyse the provisions of the Regulation, regulating the rules of jurisdiction for disputes arising in parental responsibility matters, also to reveal the problems of interpretation of these provisions and to fulfil a comprehensive analysis of common provisions that are applied in the above mentioned cases. Then to identify empirically if the provisions of the Regulation are sufficient and work effectively, and the national legislation, implementing the Regulation, and direct application of the Regulation is compatible with the aims of the European Union and the practice of the Court of Justice of the European Union. Finally, the proposals for the refinement of the Regulation text and national legislation are given.

Doctoral dissertation is devoted to the theme of parental responsibility. Rules of jurisdiction, common provisions and the application of them in parental responsibility cases under the Regulation Brussels IIa are main issues that fall within the scope of empirical research. The thesis produces a comprehensive analysis of the case law of the Court of Justice of the European Union as well as the judicial practice of the national courts of the Republic of Lithuania and some other European countries. The object of the research encompasses the system of international and European instruments that regulate the rules of jurisdiction and common provisions for hearing parental responsibility cases that have European element. The goal of the research is to analyse the provisions of the Regulation, regulating the rules of jurisdiction for disputes arising in parental responsibility matters, also to reveal the problems of interpretation of these provisions and to fulfil a comprehensive analysis of common provisions that are applied in the above mentioned cases. Then to identify empirically if the provisions of the Regulation are sufficient and work effectively, and the national legislation, implementing the Regulation, and direct application of the Regulation is compatible with the aims of the European Union and the practice of the Court of Justice of the European Union. Finally, the proposals for the refinement of the Regulation text and national legislation are given.

The article aims to determine criteria for allocation of international responsibility between the European Union (EU) and its Member States. Firstly, rules on responsibility of the international organizations presented in the Draft articles of the International Law Commission are discussed. Further, the article examines how judicial bodies decide cases related to international responsibility of the EU in different areas of law. Finally, possible formation of lex specialis in case of the EU is assessed and the following three criteria for attribution of conduct and allocation of international responsibility between EU and its Member States are identified: i) nature of EU competence, ii) actors, and iii) remedies. It is concluded that in the areas of exclusive competence, a conduct of EU organs or agents is always attributable to the EU. Whereas in areas of shared competence, a decisive factor is an actor who performs specific conduct. In order to decide on attribution of conduct to the EU or its Member States, the effective control criteria should be followed. Furthermore, especially in the area of human rights, the existence of remedies and their nature prevailing in the particular legal regime are significant factors. Therefore in order to ensure the proper protection of rights of third parties and proper functioning of the specific legal regime, courts may apply international responsibility to the EU Member States even in cases when they are implementing EU law.

The article aims to determine criteria for allocation of international responsibility between the European Union (EU) and its Member States. Firstly, rules on responsibility of the international organizations presented in the Draft articles of the International Law Commission are discussed. Further, the article examines how judicial bodies decide cases related to international responsibility of the EU in different areas of law. Finally, possible formation of lex specialis in case of the EU is assessed and the following three criteria for attribution of conduct and allocation of international responsibility between EU and its Member States are identified: i) nature of EU competence, ii) actors, and iii) remedies. It is concluded that in the areas of exclusive competence, a conduct of EU organs or agents is always attributable to the EU. Whereas in areas of shared competence, a decisive factor is an actor who performs specific conduct. In order to decide on attribution of conduct to the EU or its Member States, the effective control criteria should be followed. Furthermore, especially in the area of human rights, the existence of remedies and their nature prevailing in the particular legal regime are significant factors. Therefore in order to ensure the proper protection of rights of third parties and proper functioning of the specific legal regime, courts may apply international responsibility to the EU Member States even in cases when they are implementing EU law.

The article aims to determine criteria for allocation of international responsibility between the European Union (EU) and its Member States. Firstly, rules on responsibility of the international organizations presented in the Draft articles of the International Law Commission are discussed. Further, the article examines how judicial bodies decide cases related to international responsibility of the EU in different areas of law. Finally, possible formation of lex specialis in case of the EU is assessed and the following three criteria for attribution of conduct and allocation of international responsibility between EU and its Member States are identified: i) nature of EU competence, ii) actors, and iii) remedies. It is concluded that in the areas of exclusive competence, a conduct of EU organs or agents is always attributable to the EU. Whereas in areas of shared competence, a decisive factor is an actor who performs specific conduct. In order to decide on attribution of conduct to the EU or its Member States, the effective control criteria should be followed. Furthermore, especially in the area of human rights, the existence of remedies and their nature prevailing in the particular legal regime are significant factors. Therefore in order to ensure the proper protection of rights of third parties and proper functioning of the specific legal regime, courts may apply international responsibility to the EU Member States even in cases when they are implementing EU law.

The article aims to determine criteria for allocation of international responsibility between the European Union (EU) and its Member States. Firstly, rules on responsibility of the international organizations presented in the Draft articles of the International Law Commission are discussed. Further, the article examines how judicial bodies decide cases related to international responsibility of the EU in different areas of law. Finally, possible formation of lex specialis in case of the EU is assessed and the following three criteria for attribution of conduct and allocation of international responsibility between EU and its Member States are identified: i) nature of EU competence, ii) actors, and iii) remedies. It is concluded that in the areas of exclusive competence, a conduct of EU organs or agents is always attributable to the EU. Whereas in areas of shared competence, a decisive factor is an actor who performs specific conduct. In order to decide on attribution of conduct to the EU or its Member States, the effective control criteria should be followed. Furthermore, especially in the area of human rights, the existence of remedies and their nature prevailing in the particular legal regime are significant factors. Therefore in order to ensure the proper protection of rights of third parties and proper functioning of the specific legal regime, courts may apply international responsibility to the EU Member States even in cases when they are implementing EU law.

The dissertation analyses the impact of the internal market freedoms and competition rules of the European Union on the organisation and regulation of the Lithuanian system of health protection. Under the Treaty on the Functioning of the EU, the Member States are primarily responsible for the organisation and delivery of health services and medical care. The EU competence in the field of public health is only supportive. However, over the years, the Court of Justice of the EU has developed a body of case law applying the EU internal market freedoms and competition rules in this field. The dissertation examines how the EU internal market freedoms and competition rules have affected the organisation and regulation of the Lithuanian system of health protection: what specific subjective rights have been granted to private individuals due to the operation of these provisions of EU law ('individual v public authority' level), as well as what other changes in the regulation of the system are driven by these provisions. Having identified this specific legal impact of the provisions of EU law, the dissertation further assesses whether Lithuania's competence to organise and regulate its system of health protection has as a result been restricted (the EU level v the national level). In order to answer the questions raised in the dissertation, the case law in the field of public health of the EU courts, the Constitutional Court of the Republic of Lithuania, the Supreme Administrative Court of Lithuania and documents of other EU and Lithuanian authorities are analysed in detail.

The dissertation analyses the impact of the internal market freedoms and competition rules of the European Union on the organisation and regulation of the Lithuanian system of health protection. Under the Treaty on the Functioning of the EU, the Member States are primarily responsible for the organisation and delivery of health services and medical care. The EU competence in the field of public health is only supportive. However, over the years, the Court of Justice of the EU has developed a body of case law applying the EU internal market freedoms and competition rules in this field. The dissertation examines how the EU internal market freedoms and competition rules have affected the organisation and regulation of the Lithuanian system of health protection: what specific subjective rights have been granted to private individuals due to the operation of these provisions of EU law ('individual v public authority' level), as well as what other changes in the regulation of the system are driven by these provisions. Having identified this specific legal impact of the provisions of EU law, the dissertation further assesses whether Lithuania's competence to organise and regulate its system of health protection has as a result been restricted (the EU level v the national level). In order to answer the questions raised in the dissertation, the case law in the field of public health of the EU courts, the Constitutional Court of the Republic of Lithuania, the Supreme Administrative Court of Lithuania and documents of other EU and Lithuanian authorities are analysed in detail.

The dissertation analyses the impact of the internal market freedoms and competition rules of the European Union on the organisation and regulation of the Lithuanian system of health protection. Under the Treaty on the Functioning of the EU, the Member States are primarily responsible for the organisation and delivery of health services and medical care. The EU competence in the field of public health is only supportive. However, over the years, the Court of Justice of the EU has developed a body of case law applying the EU internal market freedoms and competition rules in this field. The dissertation examines how the EU internal market freedoms and competition rules have affected the organisation and regulation of the Lithuanian system of health protection: what specific subjective rights have been granted to private individuals due to the operation of these provisions of EU law ('individual v public authority' level), as well as what other changes in the regulation of the system are driven by these provisions. Having identified this specific legal impact of the provisions of EU law, the dissertation further assesses whether Lithuania's competence to organise and regulate its system of health protection has as a result been restricted (the EU level v the national level). In order to answer the questions raised in the dissertation, the case law in the field of public health of the EU courts, the Constitutional Court of the Republic of Lithuania, the Supreme Administrative Court of Lithuania and documents of other EU and Lithuanian authorities are analysed in detail.

The dissertation analyses the impact of the internal market freedoms and competition rules of the European Union on the organisation and regulation of the Lithuanian system of health protection. Under the Treaty on the Functioning of the EU, the Member States are primarily responsible for the organisation and delivery of health services and medical care. The EU competence in the field of public health is only supportive. However, over the years, the Court of Justice of the EU has developed a body of case law applying the EU internal market freedoms and competition rules in this field. The dissertation examines how the EU internal market freedoms and competition rules have affected the organisation and regulation of the Lithuanian system of health protection: what specific subjective rights have been granted to private individuals due to the operation of these provisions of EU law ('individual v public authority' level), as well as what other changes in the regulation of the system are driven by these provisions. Having identified this specific legal impact of the provisions of EU law, the dissertation further assesses whether Lithuania's competence to organise and regulate its system of health protection has as a result been restricted (the EU level v the national level). In order to answer the questions raised in the dissertation, the case law in the field of public health of the EU courts, the Constitutional Court of the Republic of Lithuania, the Supreme Administrative Court of Lithuania and documents of other EU and Lithuanian authorities are analysed in detail.

Lithuanian society adopted Constitution of the Republic of Lithuania 15 years ago, where it have been fortified, that Lithuania will strive for an open, just, harmonious civil society and State under the rule of law. But the legal, social, economical, political systems, which have been developing for the last two decades in our independent state, proclaim that in our society have settled such system of values, where law as a social value has been ingnored and declined. There have been analyzed the phenomenon of legal nihilism, it's causes and the possibilities to overcome it in Lithuania in this work. The main causes and sources of legal nihilism are: the predominant ideology of legal positivism in our society, which claims that legal validity must be strictly separated from questions of morality, faulty law-making process, breach of constitutional regulation, unsettled institucijon of civil society, the lack of vision of common social – economical programmme, poor reputation of judiciary power, savage competition of political powers, outspread phenomenon of corruption. There have been suggestions to solve the problem of legal nihilism by integrated process in the work. Foremost, there have to be assumed all measures, which stimulate the formation of legal conscious and rise of legal culture in our society. Lots of social factors evidence the need of situations for civil society, because only an opened, democratically thinking, leading, actively defending human rights citizen is the foundation of State of rule of law. Faulty law-making and application of law processes certainly became the sources of legal nihilism phenomenon. There has to be expanded the boundaries of jurisdiction of Constitutional Court; this change would help to overcome the phenomenon of legal nihilism in Lithuania. In Lithuania there are a lot of persons, specially officials of the government, easily avoid legal liability and this practise doesn't help reinforce the authority of law. There has to be assumed all social, legal and political instruments which would help secure efficiency of the principal of inevitability of responsibility.

Lithuanian society adopted Constitution of the Republic of Lithuania 15 years ago, where it have been fortified, that Lithuania will strive for an open, just, harmonious civil society and State under the rule of law. But the legal, social, economical, political systems, which have been developing for the last two decades in our independent state, proclaim that in our society have settled such system of values, where law as a social value has been ingnored and declined. There have been analyzed the phenomenon of legal nihilism, it's causes and the possibilities to overcome it in Lithuania in this work. The main causes and sources of legal nihilism are: the predominant ideology of legal positivism in our society, which claims that legal validity must be strictly separated from questions of morality, faulty law-making process, breach of constitutional regulation, unsettled institucijon of civil society, the lack of vision of common social – economical programmme, poor reputation of judiciary power, savage competition of political powers, outspread phenomenon of corruption. There have been suggestions to solve the problem of legal nihilism by integrated process in the work. Foremost, there have to be assumed all measures, which stimulate the formation of legal conscious and rise of legal culture in our society. Lots of social factors evidence the need of situations for civil society, because only an opened, democratically thinking, leading, actively defending human rights citizen is the foundation of State of rule of law. Faulty law-making and application of law processes certainly became the sources of legal nihilism phenomenon. There has to be expanded the boundaries of jurisdiction of Constitutional Court; this change would help to overcome the phenomenon of legal nihilism in Lithuania. In Lithuania there are a lot of persons, specially officials of the government, easily avoid legal liability and this practise doesn't help reinforce the authority of law. There has to be assumed all social, legal and political instruments which would help secure efficiency of the principal of inevitability of responsibility.