Pub Date : 2023-05-04DOI: 10.15388/teise.2023.126.2
Nika Bruskina
In Beizaras and Levickas v. Lithuania case (Application No. 41288/15), the European Court of Human Rights found violations of the Convention for the Protection of Human Rights and Fundamental Freedoms as the Lithuanian law enforcement authorities had failed to start pre-investigation into allegations of homophobic hate speech directed against the applicants and the applicants thus suffered discrimination on the grounds of their sexual orientation. On 1 December 2021 the Committee of Ministers of the Council of Europe, supervising execution of the final judgment of the Court, welcomed the execution measures taken by the Lithuanian authorities and decided to continue the examination of Beizaras and Levickas case under the standard procedure instead of the enhanced one. First, this article recapitalutes the individual and general measures taken by the Lithuanian authorities seeking to execute the judgment of the European Court of Human Rights and discerns the factors which led to effective execution of the judgment. Second, the article demonstrates the positive impact of effective execution on any other similar cases pending both at the domestic level and before the ECtHR not only against Lithuania, but also against other Contracting States.
{"title":"Execution of the ECtHR Judgment in Beizaras and Levickas v. Lithuania Case: Effectiveness and Legal Implications","authors":"Nika Bruskina","doi":"10.15388/teise.2023.126.2","DOIUrl":"https://doi.org/10.15388/teise.2023.126.2","url":null,"abstract":"In Beizaras and Levickas v. Lithuania case (Application No. 41288/15), the European Court of Human Rights found violations of the Convention for the Protection of Human Rights and Fundamental Freedoms as the Lithuanian law enforcement authorities had failed to start pre-investigation into allegations of homophobic hate speech directed against the applicants and the applicants thus suffered discrimination on the grounds of their sexual orientation. On 1 December 2021 the Committee of Ministers of the Council of Europe, supervising execution of the final judgment of the Court, welcomed the execution measures taken by the Lithuanian authorities and decided to continue the examination of Beizaras and Levickas case under the standard procedure instead of the enhanced one. First, this article recapitalutes the individual and general measures taken by the Lithuanian authorities seeking to execute the judgment of the European Court of Human Rights and discerns the factors which led to effective execution of the judgment. Second, the article demonstrates the positive impact of effective execution on any other similar cases pending both at the domestic level and before the ECtHR not only against Lithuania, but also against other Contracting States.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"147 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987550","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.15388/teise.2022.125.6
Miranda Borusevičiūtė
This paper analyzes originalism, which is considered to be the opposing constitutional theory to “living” constitutionalism, and presents and evaluates the main arguments of originalism and its approach on how the constitution should be interpreted, including the shortcomings of this constitutional theory. In the author’s opinion, it is important to start developing constitutional theories that would be considered more suitable in the context of the European tradition of statutory law. The paper does not search for possibilities of using originalism to interpret the Constitution of the Republic of Lithuania, which is considered to be a fundamental error.
{"title":"The Challenges of Originalism as a Theory of Constitutional Interpretation Today","authors":"Miranda Borusevičiūtė","doi":"10.15388/teise.2022.125.6","DOIUrl":"https://doi.org/10.15388/teise.2022.125.6","url":null,"abstract":"This paper analyzes originalism, which is considered to be the opposing constitutional theory to “living” constitutionalism, and presents and evaluates the main arguments of originalism and its approach on how the constitution should be interpreted, including the shortcomings of this constitutional theory. In the author’s opinion, it is important to start developing constitutional theories that would be considered more suitable in the context of the European tradition of statutory law. The paper does not search for possibilities of using originalism to interpret the Constitution of the Republic of Lithuania, which is considered to be a fundamental error.","PeriodicalId":33051,"journal":{"name":"Teise","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49641519","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.15388/teise.2022.125.1
Egidijus Jarašiūnas
This paper examines issues related to the significance of the concept of constitutional identity, which has emerged in the jurisprudence of the Lithuanian Constitutional Court, and its impact on ensuring European Union law in Lithuania. This concept, which also unites the principle of geopolitical orientation, of which membership in the European Union is an integral part, should contribute to guarantee a balance between the legal systems, which is also significant for ensuring EU law in Lithuania.
{"title":"Importance of the Concept of Constitutional Identity for Ensuring European Union Law in Lithuania","authors":"Egidijus Jarašiūnas","doi":"10.15388/teise.2022.125.1","DOIUrl":"https://doi.org/10.15388/teise.2022.125.1","url":null,"abstract":"This paper examines issues related to the significance of the concept of constitutional identity, which has emerged in the jurisprudence of the Lithuanian Constitutional Court, and its impact on ensuring European Union law in Lithuania. This concept, which also unites the principle of geopolitical orientation, of which membership in the European Union is an integral part, should contribute to guarantee a balance between the legal systems, which is also significant for ensuring EU law in Lithuania.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.15388/teise.2022.125.3
Danguolė Bublienė, Agnė Selvestravičiūtė
This paper reviews the origin of the EU consumer protection paradigm, its development in legal doctrine and the CJEU jurisprudence, as well as the impact left on it by the insights from vulnerable consumer theory and behavioural economics discussed in the legal doctrine. The authors search for an answer whether certain social and economic challenges can be addressed within the current framework of the EU Consumer law (i.e., the Unfair Contract Terms Directive).
{"title":"European Consumer Law Rationale in Light of New Challenges","authors":"Danguolė Bublienė, Agnė Selvestravičiūtė","doi":"10.15388/teise.2022.125.3","DOIUrl":"https://doi.org/10.15388/teise.2022.125.3","url":null,"abstract":"This paper reviews the origin of the EU consumer protection paradigm, its development in legal doctrine and the CJEU jurisprudence, as well as the impact left on it by the insights from vulnerable consumer theory and behavioural economics discussed in the legal doctrine. The authors search for an answer whether certain social and economic challenges can be addressed within the current framework of the EU Consumer law (i.e., the Unfair Contract Terms Directive).","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987346","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.15388/teise.2022.125.10
T. Jurkeviča
The institute of evidence is an integral part of achieving the objectives of civil proceedings, and only through it can effective civil protection be ensured in the courts. Within the framework of this paper, the concept and essence of evidence, as well as the general rules of proof in Latvia in the period from 1918 to 1940, are studied.
{"title":"Historical Aspects of the Institute of Evidence and Proof in Civil Proceedings in Latvia (1918–1940)","authors":"T. Jurkeviča","doi":"10.15388/teise.2022.125.10","DOIUrl":"https://doi.org/10.15388/teise.2022.125.10","url":null,"abstract":"The institute of evidence is an integral part of achieving the objectives of civil proceedings, and only through it can effective civil protection be ensured in the courts. Within the framework of this paper, the concept and essence of evidence, as well as the general rules of proof in Latvia in the period from 1918 to 1940, are studied.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987288","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.15388/teise.2022.125.11
Pranas Kuconis
This paper reveals reasons for the resumption of a criminal case due to a clearly improper application of norms pertaining to criminal law. It indicates the main concepts of this institute and problems of legal regulation and proposes solutions.
{"title":"Reopening a Criminal Case Due to a Clearly Improper Application of Criminal Law: The Development of Legal Regulation and Some Problems","authors":"Pranas Kuconis","doi":"10.15388/teise.2022.125.11","DOIUrl":"https://doi.org/10.15388/teise.2022.125.11","url":null,"abstract":"This paper reveals reasons for the resumption of a criminal case due to a clearly improper application of norms pertaining to criminal law. It indicates the main concepts of this institute and problems of legal regulation and proposes solutions.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987329","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.15388/teise.2022.125.2
Irmantas Jarukaitis
This paper examines the relationship between internal market freedoms and fundamental rights protection in the European Union law. It analyzes the jurisprudence of the Court of Justice of the European Union developed before the Lisbon Treaty and changes predetermined by the entry into force of the Charter of Fundamental Rights of the European Union.
{"title":"Relationship between Internal Market Freedoms and Fundamental Rights in the Jurisprudence of the Court of Justice of the European Union","authors":"Irmantas Jarukaitis","doi":"10.15388/teise.2022.125.2","DOIUrl":"https://doi.org/10.15388/teise.2022.125.2","url":null,"abstract":"This paper examines the relationship between internal market freedoms and fundamental rights protection in the European Union law. It analyzes the jurisprudence of the Court of Justice of the European Union developed before the Lisbon Treaty and changes predetermined by the entry into force of the Charter of Fundamental Rights of the European Union.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987336","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.15388/teise.2022.125.8
Saulius Stonkus
This paper deals with civil aviation, which is highly international. Therefore, harmonization of regulation in this area on a global scale is inevitable, which means that aviation law requires an integrated approach. However, only slightly over half of the countries fully comply with the standards issued by the International Civil Aviation Organization for basic international aviation regulation, which poses a serious threat to aviation safety and security. In this respect, the integrative nature of the European Union offers us to look at the Union’s activities in the context of aviation regulation. The aim of this paper is to investigate the impact that the harmonization of civil aviation safety and security regulations in the EU has on the development of global aviation regulations. The paper provides a more detailed analysis of the beginning and further integration of the EU’s internal aviation market and the formation of the Union’s external policy in this area, which has played a key role in harmonizing the legal framework for aviation safety and security. The study revealed the preconditions for the harmonization of aviation safety and security rules in the European Union highlighted the essential features of this process and its impact on the convergence of aviation regulation on a wider scale (beyond the EU).
{"title":"Harmonization of Aviation Safety and Security Legal Regulation in the European Union: Impact on the Global Convergence of Aviation Law","authors":"Saulius Stonkus","doi":"10.15388/teise.2022.125.8","DOIUrl":"https://doi.org/10.15388/teise.2022.125.8","url":null,"abstract":"This paper deals with civil aviation, which is highly international. Therefore, harmonization of regulation in this area on a global scale is inevitable, which means that aviation law requires an integrated approach. However, only slightly over half of the countries fully comply with the standards issued by the International Civil Aviation Organization for basic international aviation regulation, which poses a serious threat to aviation safety and security. In this respect, the integrative nature of the European Union offers us to look at the Union’s activities in the context of aviation regulation. The aim of this paper is to investigate the impact that the harmonization of civil aviation safety and security regulations in the EU has on the development of global aviation regulations. The paper provides a more detailed analysis of the beginning and further integration of the EU’s internal aviation market and the formation of the Union’s external policy in this area, which has played a key role in harmonizing the legal framework for aviation safety and security. The study revealed the preconditions for the harmonization of aviation safety and security rules in the European Union highlighted the essential features of this process and its impact on the convergence of aviation regulation on a wider scale (beyond the EU).","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987405","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.15388/teise.2022.125.7
Eimantas Kadys
This paper analyzes the regulation of the object of the right to property in Lithuania and related issues. The first part of the article analyzes the concept of the object of civil property law, revealing a different understanding of the object of property law in the doctrines of property law and in the legal systems of foreign countries. The second part of this paper provides a detailed account of the regulation of the object of civil property law in Lithuania, distinguishes and elaborates the criteria according to which an object is recognized as an object in the legal sense, and articulates the features according to which intangible objects should be classified as “other property” and considered as objects of property law.
{"title":"Problematic Aspects of Regulating the Object of the Right to Property in Lithuania","authors":"Eimantas Kadys","doi":"10.15388/teise.2022.125.7","DOIUrl":"https://doi.org/10.15388/teise.2022.125.7","url":null,"abstract":"This paper analyzes the regulation of the object of the right to property in Lithuania and related issues. The first part of the article analyzes the concept of the object of civil property law, revealing a different understanding of the object of property law in the doctrines of property law and in the legal systems of foreign countries. The second part of this paper provides a detailed account of the regulation of the object of civil property law in Lithuania, distinguishes and elaborates the criteria according to which an object is recognized as an object in the legal sense, and articulates the features according to which intangible objects should be classified as “other property” and considered as objects of property law.","PeriodicalId":33051,"journal":{"name":"Teise","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49523210","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.15388/teise.2022.125.5
Martynas Endrijaitis
This paper discloses cases in which permanent differences between the legal regulation of financial accounting and corporate income tax arise, while revealing the significance of these differences in the fulfillment of a tax liability (corporate income tax)
{"title":"Differences of Legal Regulatiom in Financial Accounting and Corporate Income Tax","authors":"Martynas Endrijaitis","doi":"10.15388/teise.2022.125.5","DOIUrl":"https://doi.org/10.15388/teise.2022.125.5","url":null,"abstract":"This paper discloses cases in which permanent differences between the legal regulation of financial accounting and corporate income tax arise, while revealing the significance of these differences in the fulfillment of a tax liability (corporate income tax)","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987394","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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