The purpose of the Master's Thesis research is to evaluate the implementation of the legal expectations principle in the civil service in two aspects: in the field of public administration and in relation to government officials. Using theoretical and empirical research methods, the genesis and evolution of the legal expectations principle have been analyzed, the main aspects of the legal expectations principle application in the field of public administration are formulated in the case law. The implementation of the legal expectations principle regarding government officials in Lithuania has been assessed. An overview of the legal regulation of liability of the state institutions leaders in the case of rights violation and legal expectations regarding government officials has been performed. Problems have been identified. Conclusions and suggestions for solving the identified problems are presented at the end of the Master's Thesis.
The purpose of the Master's Thesis research is to evaluate the implementation of the legal expectations principle in the civil service in two aspects: in the field of public administration and in relation to government officials. Using theoretical and empirical research methods, the genesis and evolution of the legal expectations principle have been analyzed, the main aspects of the legal expectations principle application in the field of public administration are formulated in the case law. The implementation of the legal expectations principle regarding government officials in Lithuania has been assessed. An overview of the legal regulation of liability of the state institutions leaders in the case of rights violation and legal expectations regarding government officials has been performed. Problems have been identified. Conclusions and suggestions for solving the identified problems are presented at the end of the Master's Thesis.
On 27 September 2004, R. Paksas applied to the European Court of Human Rights (hereinafter also referred to as the ECHR), asserting that Lithuania had violated his right to stand in elections of the President of the Republic or a Member of the Seimas. On 6 January 2011, the ECHR delivered a judgment in which it held that the prohibition for R. Paksas to stand in election to the parliament for any time in the future was disproportionate and that by establishing the said prohibition Lithuania had violated Article 3 of Protocol No. 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Lawyers have presented completely different opinions on how to implement this judgment of the ECHR: some of them maintain that there is no need to change the Constitution and that what needs to be done is only changing the Law on Elections to the Seimas and establishing a certain period therein, and, after this period is over, the person removed from office under procedure for impeachment proceedings would be able to stand in elections to the Seimas again, or not establishing any period in the law and not limiting the right of the person to stand in elections to the Seimas; other lawyers hold an opposite view: they assert that it is necessary to amend the Constitution, and as long as it is not amended, it is not allowed to establish in the Law on Elections to the Seimas that a person who was removed by the Seimas from office under procedure for impeachment proceedings would be allowed to stand in elections of a Member of the Seimas (even after the period established in the law is over, provided such a period is established in the law). In itself, the judgment of the European Court of Human Rights does not change and cannot change the Constitution of the Republic of Lithuania and the concept of the provisions of the Constitution which were presented by the Constitutional Court. [.]
On 27 September 2004, R. Paksas applied to the European Court of Human Rights (hereinafter also referred to as the ECHR), asserting that Lithuania had violated his right to stand in elections of the President of the Republic or a Member of the Seimas. On 6 January 2011, the ECHR delivered a judgment in which it held that the prohibition for R. Paksas to stand in election to the parliament for any time in the future was disproportionate and that by establishing the said prohibition Lithuania had violated Article 3 of Protocol No. 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Lawyers have presented completely different opinions on how to implement this judgment of the ECHR: some of them maintain that there is no need to change the Constitution and that what needs to be done is only changing the Law on Elections to the Seimas and establishing a certain period therein, and, after this period is over, the person removed from office under procedure for impeachment proceedings would be able to stand in elections to the Seimas again, or not establishing any period in the law and not limiting the right of the person to stand in elections to the Seimas; other lawyers hold an opposite view: they assert that it is necessary to amend the Constitution, and as long as it is not amended, it is not allowed to establish in the Law on Elections to the Seimas that a person who was removed by the Seimas from office under procedure for impeachment proceedings would be allowed to stand in elections of a Member of the Seimas (even after the period established in the law is over, provided such a period is established in the law). In itself, the judgment of the European Court of Human Rights does not change and cannot change the Constitution of the Republic of Lithuania and the concept of the provisions of the Constitution which were presented by the Constitutional Court. [.]
The issue of genesis of the institution of thePresident of the Republic of Lithuania in the constitutional process of 1990-1992 was one the main actualities in the period of the restoration of independence of the Republic of Lithuania and subsequently during the construction of the institutional system of the state of Lithuania. The exceptional phenomenon of this process was the emergence of the political and legal polemic on the leader of the state as early as in 1988-1990 when the Soviet Constitution was still valid. These speculations were encouraged by the spread of ideas about the prequisites of restoring the independent democratic Republic of Lithuania during the period of national Revival as well as by the political processes in Eastern and Central Europe. The nature of the issue of the restoration of the constitutional institution of the leader gained an essentially new political legal content when on March 11, 1990 the independent democratic Republic of Lithuania was restored and the Provisional Basic Law (the temporary Constitution of the Republic of Lithuania) the was adopted. In 1990-1992 the content of the constitutional process was preconditioned by a new political legal reality whose main accent was the issue of the future constitutional structure of the Republic of Lithuania, the relationship between state institutions, their competence, etc.
The issue of genesis of the institution of thePresident of the Republic of Lithuania in the constitutional process of 1990-1992 was one the main actualities in the period of the restoration of independence of the Republic of Lithuania and subsequently during the construction of the institutional system of the state of Lithuania. The exceptional phenomenon of this process was the emergence of the political and legal polemic on the leader of the state as early as in 1988-1990 when the Soviet Constitution was still valid. These speculations were encouraged by the spread of ideas about the prequisites of restoring the independent democratic Republic of Lithuania during the period of national Revival as well as by the political processes in Eastern and Central Europe. The nature of the issue of the restoration of the constitutional institution of the leader gained an essentially new political legal content when on March 11, 1990 the independent democratic Republic of Lithuania was restored and the Provisional Basic Law (the temporary Constitution of the Republic of Lithuania) the was adopted. In 1990-1992 the content of the constitutional process was preconditioned by a new political legal reality whose main accent was the issue of the future constitutional structure of the Republic of Lithuania, the relationship between state institutions, their competence, etc.
This MA thesis researches how Lithuanian politicians are being represented in the press and what political stereotypes (favorable or unfavorable to the politicians) are being created. Two main Lithuanian daily newspapers – "Lietuvos rytas" and "Kauno diena" – were analysed. The research tends to prove the three main hypothesis: 1) What political information will reach the readers and the way it is covered depends on media, not on politicians; 2) The political news, published in Lithuanian press, lacks objectivity and impartiality; 3) The majority of daily political information is unfavorable to the politicians. That is the way the negative stereotypes of politicians are being created. The reserach consists on several stages. Firstly, what information – favorable or unfavorable to the politicians – is published more often. Also, it was analysed wether political notes were interpretative or descriptive. This stage contains quantative and qualitative content analysis of extended notes, where state's politicians (the members of Parliament and Government) are mentioned. The period of the research was a month (04 13 – 05 13). It was stated, the majority of the notes were written in descirptive style, nevertheless, even quite impartial notes were mostly unfavorable to the politicians. Having the aim to discover what political stereotypes are being created in the press, the discourse analysis of newspapers were made. Three main political stereotypes – "politician - swindler", "politician – truth seeker" and "politician – hooligan" were discovered. Despite the fact, 6 one of the most popular stereotypes – "politician – truth seeker" – was favorable to the politicians, the majority of repetetive stereotypes were unfavorable. The stereotypes mostly is being created by the facts of politicians' behaviour, but the journalists, giving negative actions, tend to stress it by using evaluative word or definitions. Having stated, the stereotypes are being created because of politicians' actions, it was important to find out what – politicians or media – determine what political facts will be presented to the society. The method of half – structured qualitative interview was chosen. The most often mentioned politician, two journalists, who wrote mostly, and two experts – political scientist and the chairman of Journalists' union – were interviewed. Interview revealed, political information is mostly determined by politicians' actions, but which actions will be presented to the society, depends on the journalists. The content of information could be determined by interest groups, journalists' personal attitudes and society's expectations. It was noticed, media prefers negative political aspects, because of the reason it is easy to sell. Moreover, it was discovered, the journalist, having no negative attitude to the politicians, writes neutral or favorable notes more often than the one, who thinks politicians do nothing good to the state. That is why, the conclusion – personal journalists' opinion determines the negativity of information – was made. Still, the fact the newspaper "Kauno diena" published more neutral or favorable information than "Lietuvos rytas", allows to state that objectivity and impartiality of press is possible.
This MA thesis researches how Lithuanian politicians are being represented in the press and what political stereotypes (favorable or unfavorable to the politicians) are being created. Two main Lithuanian daily newspapers – "Lietuvos rytas" and "Kauno diena" – were analysed. The research tends to prove the three main hypothesis: 1) What political information will reach the readers and the way it is covered depends on media, not on politicians; 2) The political news, published in Lithuanian press, lacks objectivity and impartiality; 3) The majority of daily political information is unfavorable to the politicians. That is the way the negative stereotypes of politicians are being created. The reserach consists on several stages. Firstly, what information – favorable or unfavorable to the politicians – is published more often. Also, it was analysed wether political notes were interpretative or descriptive. This stage contains quantative and qualitative content analysis of extended notes, where state's politicians (the members of Parliament and Government) are mentioned. The period of the research was a month (04 13 – 05 13). It was stated, the majority of the notes were written in descirptive style, nevertheless, even quite impartial notes were mostly unfavorable to the politicians. Having the aim to discover what political stereotypes are being created in the press, the discourse analysis of newspapers were made. Three main political stereotypes – "politician - swindler", "politician – truth seeker" and "politician – hooligan" were discovered. Despite the fact, 6 one of the most popular stereotypes – "politician – truth seeker" – was favorable to the politicians, the majority of repetetive stereotypes were unfavorable. The stereotypes mostly is being created by the facts of politicians' behaviour, but the journalists, giving negative actions, tend to stress it by using evaluative word or definitions. Having stated, the stereotypes are being created because of politicians' actions, it was important to find out what – politicians or media – determine what political facts will be presented to the society. The method of half – structured qualitative interview was chosen. The most often mentioned politician, two journalists, who wrote mostly, and two experts – political scientist and the chairman of Journalists' union – were interviewed. Interview revealed, political information is mostly determined by politicians' actions, but which actions will be presented to the society, depends on the journalists. The content of information could be determined by interest groups, journalists' personal attitudes and society's expectations. It was noticed, media prefers negative political aspects, because of the reason it is easy to sell. Moreover, it was discovered, the journalist, having no negative attitude to the politicians, writes neutral or favorable notes more often than the one, who thinks politicians do nothing good to the state. That is why, the conclusion – personal journalists' opinion determines the negativity of information – was made. Still, the fact the newspaper "Kauno diena" published more neutral or favorable information than "Lietuvos rytas", allows to state that objectivity and impartiality of press is possible.
This MA thesis researches how Lithuanian politicians are being represented in the press and what political stereotypes (favorable or unfavorable to the politicians) are being created. Two main Lithuanian daily newspapers – "Lietuvos rytas" and "Kauno diena" – were analysed. The research tends to prove the three main hypothesis: 1) What political information will reach the readers and the way it is covered depends on media, not on politicians; 2) The political news, published in Lithuanian press, lacks objectivity and impartiality; 3) The majority of daily political information is unfavorable to the politicians. That is the way the negative stereotypes of politicians are being created. The reserach consists on several stages. Firstly, what information – favorable or unfavorable to the politicians – is published more often. Also, it was analysed wether political notes were interpretative or descriptive. This stage contains quantative and qualitative content analysis of extended notes, where state's politicians (the members of Parliament and Government) are mentioned. The period of the research was a month (04 13 – 05 13). It was stated, the majority of the notes were written in descirptive style, nevertheless, even quite impartial notes were mostly unfavorable to the politicians. Having the aim to discover what political stereotypes are being created in the press, the discourse analysis of newspapers were made. Three main political stereotypes – "politician - swindler", "politician – truth seeker" and "politician – hooligan" were discovered. Despite the fact, 6 one of the most popular stereotypes – "politician – truth seeker" – was favorable to the politicians, the majority of repetetive stereotypes were unfavorable. The stereotypes mostly is being created by the facts of politicians' behaviour, but the journalists, giving negative actions, tend to stress it by using evaluative word or definitions. Having stated, the stereotypes are being created because of politicians' actions, it was important to find out what – politicians or media – determine what political facts will be presented to the society. The method of half – structured qualitative interview was chosen. The most often mentioned politician, two journalists, who wrote mostly, and two experts – political scientist and the chairman of Journalists' union – were interviewed. Interview revealed, political information is mostly determined by politicians' actions, but which actions will be presented to the society, depends on the journalists. The content of information could be determined by interest groups, journalists' personal attitudes and society's expectations. It was noticed, media prefers negative political aspects, because of the reason it is easy to sell. Moreover, it was discovered, the journalist, having no negative attitude to the politicians, writes neutral or favorable notes more often than the one, who thinks politicians do nothing good to the state. That is why, the conclusion – personal journalists' opinion determines the negativity of information – was made. Still, the fact the newspaper "Kauno diena" published more neutral or favorable information than "Lietuvos rytas", allows to state that objectivity and impartiality of press is possible.
Schmitt makes a distinction between politics and the political; however, he does not speak about the distinction between morality and the moral. By introducing the concept of the moral, we aim to show the weak points of his critique of liberalism. The aim of the article is to look at Schmitt's concept of the political from the perspective of the moral. This helps to reveal previously unseen aspects of his theory. First, the ontology of the moral stands in direct competition with the ontology of the political. Secondly, the political is not a separate ontology because it depends on the primacy of anthropological presuppositions. Thirdly, Schmitt's concept of the political is paradoxically like the liberal stance of morality, which is the object of his critique.
Schmitt makes a distinction between politics and the political; however, he does not speak about the distinction between morality and the moral. By introducing the concept of the moral, we aim to show the weak points of his critique of liberalism. The aim of the article is to look at Schmitt's concept of the political from the perspective of the moral. This helps to reveal previously unseen aspects of his theory. First, the ontology of the moral stands in direct competition with the ontology of the political. Secondly, the political is not a separate ontology because it depends on the primacy of anthropological presuppositions. Thirdly, Schmitt's concept of the political is paradoxically like the liberal stance of morality, which is the object of his critique.
Schmitt makes a distinction between politics and the political; however, he does not speak about the distinction between morality and the moral. By introducing the concept of the moral, we aim to show the weak points of his critique of liberalism. The aim of the article is to look at Schmitt's concept of the political from the perspective of the moral. This helps to reveal previously unseen aspects of his theory. First, the ontology of the moral stands in direct competition with the ontology of the political. Secondly, the political is not a separate ontology because it depends on the primacy of anthropological presuppositions. Thirdly, Schmitt's concept of the political is paradoxically like the liberal stance of morality, which is the object of his critique.
Schmitt makes a distinction between politics and the political; however, he does not speak about the distinction between morality and the moral. By introducing the concept of the moral, we aim to show the weak points of his critique of liberalism. The aim of the article is to look at Schmitt's concept of the political from the perspective of the moral. This helps to reveal previously unseen aspects of his theory. First, the ontology of the moral stands in direct competition with the ontology of the political. Secondly, the political is not a separate ontology because it depends on the primacy of anthropological presuppositions. Thirdly, Schmitt's concept of the political is paradoxically like the liberal stance of morality, which is the object of his critique.
The Doctoral Dissertation "The Subjects with the Right to Refer for a Preliminary Ruling under the Law of the European Union" seeks to determine the suitable conception of a subject of preliminary ruling, to assess the requirements for subjectivity, and to provide recommendations on how and what selection criteria should be changed. The dissertation research analyzes the possibilities of various national institution groups to refer to the Court of Justice. The influence of absence of definition of a court under Article 267 of TFEU on cooperation of national courts with the Court of Justice is examined. It is explored, whether it prevents the national institutions from using the preliminary ruling procedure. Following the research data and analysis of subjectivity criteria, used in the case law of the Court of Justice, the drawbacks of conception of "member state's court" were identified and recommendations for definition of subject were given.
The Doctoral Dissertation "The Subjects with the Right to Refer for a Preliminary Ruling under the Law of the European Union" seeks to determine the suitable conception of a subject of preliminary ruling, to assess the requirements for subjectivity, and to provide recommendations on how and what selection criteria should be changed. The dissertation research analyzes the possibilities of various national institution groups to refer to the Court of Justice. The influence of absence of definition of a court under Article 267 of TFEU on cooperation of national courts with the Court of Justice is examined. It is explored, whether it prevents the national institutions from using the preliminary ruling procedure. Following the research data and analysis of subjectivity criteria, used in the case law of the Court of Justice, the drawbacks of conception of "member state's court" were identified and recommendations for definition of subject were given.
