Pub Date : 2021-01-01DOI: 10.25143/socr.21.2021.3.090-104
Gunda Reire
The article focuses on the prospects for work conducted by small states in the United Nations Security Council (UNSC) and examines two aspects which frame the work of small states in the UNSC – the legal aspect (institutional and procedural) and the conceptual aspect (the concept of small states), comparing them with the work and achievements of small states in praxis. The aim of the article is to provide qualitative and comparative analysis of small states’ work in the UNSC, to outline legal and political interpretation of their activities and to compare legal and conceptual framework with the practical perspective. The research is designed to be relevant for Latvia in the context of its candidature for a non-permanent seat of the UNSC at the elections in 2025, and it analyses cases of Lithuania’s and Estonia’s membership. The author of the article argues that despite the minimal role provided for the small states in the UNSC by international law and the theoretical concept, cases of Lithuania and Estonia show that the practical perspective proves a much higher capability, influence and ability of small states to profile themselves actively within the global agenda while at the same time remaining in the aforementioned legal and conceptual boundaries. This can happen under circumstances where there are minor systemic challengers, lack of triggers for security of small states, and overlapping of the international security agenda and their field of expertise. Keywords: United Nations, Security Council, small states, the Baltic States.
{"title":"Small States in the United Nations Security Council: Legal and Conceptual Aspects versus Practical Perspective","authors":"Gunda Reire","doi":"10.25143/socr.21.2021.3.090-104","DOIUrl":"https://doi.org/10.25143/socr.21.2021.3.090-104","url":null,"abstract":"The article focuses on the prospects for work conducted by small states in the United Nations Security Council (UNSC) and examines two aspects which frame the work of small states in the UNSC – the legal aspect (institutional and procedural) and the conceptual aspect (the concept of small states), comparing them with the work and achievements of small states in praxis. The aim of the article is to provide qualitative and comparative analysis of small states’ work in the UNSC, to outline legal and political interpretation of their activities and to compare legal and conceptual framework with the practical perspective. The research is designed to be relevant for Latvia in the context of its candidature for a non-permanent seat of the UNSC at the elections in 2025, and it analyses cases of Lithuania’s and Estonia’s membership. The author of the article argues that despite the minimal role provided for the small states in the UNSC by international law and the theoretical concept, cases of Lithuania and Estonia show that the practical perspective proves a much higher capability, influence and ability of small states to profile themselves actively within the global agenda while at the same time remaining in the aforementioned legal and conceptual boundaries. This can happen under circumstances where there are minor systemic challengers, lack of triggers for security of small states, and overlapping of the international security agenda and their field of expertise. Keywords: United Nations, Security Council, small states, the Baltic States.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69071692","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 : 2021-01-01DOI: 10.25143/socr.21.2021.3.234-243
A. Apsītis, D. Tarasova, J. Dinsberga, J. Joksts
The article deals with the results of the authors’ research performed on original sources of Roman Law with reference to legal constructions concerning various types of logistics challenges related to agricultural production and residence in rural areas. Provision of transportation services was regulated by means of a contract for work (locatio conductio operis) – an agreement according to which a contractor / employee as a lessee (conductor, redemptor operis) had obligations to fulfil services or certain work on or from the material supplied by the commissioning party / employer / lessor (locator). An agreement on transportation of goods or passengers was also considered to be a contract for work. A smart answer to infrastructure challenges was the so-called rustic praedial servitudes (servitutes praediorum rusticorum), including a servitude of way / road (via), which granted the owner of a parcel of land non-adjacent to a public road (via publica) the right to use the road over a parcel of land belonging to another owner, thus gaining access to the public road. The legal framework of a Roman contract for work of transportation and the rustic praedial servitude of way / road must be recognised as a rather effective solution for challenges of rural logistics at the time. Keywords: contract for work of transportation, servitude of way, Roman Law, rural logistics.
{"title":"Contract for Work (locatio conductio operis) of Transportation and Rustic Praedial Servitude of Way (servitus viae) as Roman Law Institutions for Needs of Rural Logistics","authors":"A. Apsītis, D. Tarasova, J. Dinsberga, J. Joksts","doi":"10.25143/socr.21.2021.3.234-243","DOIUrl":"https://doi.org/10.25143/socr.21.2021.3.234-243","url":null,"abstract":"The article deals with the results of the authors’ research performed on original sources of Roman Law with reference to legal constructions concerning various types of logistics challenges related to agricultural production and residence in rural areas. Provision of transportation services was regulated by means of a contract for work (locatio conductio operis) – an agreement according to which a contractor / employee as a lessee (conductor, redemptor operis) had obligations to fulfil services or certain work on or from the material supplied by the commissioning party / employer / lessor (locator). An agreement on transportation of goods or passengers was also considered to be a contract for work. A smart answer to infrastructure challenges was the so-called rustic praedial servitudes (servitutes praediorum rusticorum), including a servitude of way / road (via), which granted the owner of a parcel of land non-adjacent to a public road (via publica) the right to use the road over a parcel of land belonging to another owner, thus gaining access to the public road. The legal framework of a Roman contract for work of transportation and the rustic praedial servitude of way / road must be recognised as a rather effective solution for challenges of rural logistics at the time. Keywords: contract for work of transportation, servitude of way, Roman Law, rural logistics.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69072210","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 : 2021-01-01DOI: 10.25143/socr.21.2021.3.070-081
Valdis Savickis
The author has set two main objectives researching the topic concerning the influence of the COVID-19 pandemic to the insolvency proceedings; the first one being identification how the scope of prohibitions and restrictions impact insolvency proceedings (in particular – legal entities), while the second concerns determining legal and financial instruments that have been implemented on national level, influencing solvency and insolvency proceedings policy during the emergency period. Using analytical and descriptive methods, normative acts and political planning documents have been studied. The historical method provides insight into evolution and development of regulatory frameworks. The comparative method has been applied by comparing the scope of legal and financial instruments on national level in the sphere of management and suppression of consequences of the spread of COVID-19 infection. Conducting the research, the author has aimed to establish specifics of crisis management legislation on both executive and parliamentary powers levels, and relationships with the specific legal framework in the field of insolvency proceedings. State, declaring the emergency state, invented scope of prohibitions and restrictions on the one hand, and promoted targeted financial and legal assistance on the other. The extent of bargaining was balanced with support mechanisms also in the sphere of insolvency of legal entities, highlighting clear and predictable insolvency policy. Targeted restrictions on prohibitions for creditors for submission of an application for insolvency proceedings of a legal person were synchronised with both periods of declaration of the emergency state. A more precise and extended regulation concerning submission of an application for insolvency proceedings of a legal person were invented after the second period of emergency state lasting until 1 March 2021. Scope of legal and financial instruments, invented on both pandemic periods (Year 2020 Fall and Autumn), in majority of cases were of the same nature, but with a different perspective of implementation and availability. In this particular segment of support mechanisms are evolutionary, inventing more flexible and accessible instruments of pandemic recovery funds. Keywords: insolvency, COVID-19, state of emergency, prohibition, legal entities.
{"title":"Maksātnespējas process Covid-19 pandēmijas ēnā","authors":"Valdis Savickis","doi":"10.25143/socr.21.2021.3.070-081","DOIUrl":"https://doi.org/10.25143/socr.21.2021.3.070-081","url":null,"abstract":"The author has set two main objectives researching the topic concerning the influence of the COVID-19 pandemic to the insolvency proceedings; the first one being identification how the scope of prohibitions and restrictions impact insolvency proceedings (in particular – legal entities), while the second concerns determining legal and financial instruments that have been implemented on national level, influencing solvency and insolvency proceedings policy during the emergency period. Using analytical and descriptive methods, normative acts and political planning documents have been studied. The historical method provides insight into evolution and development of regulatory frameworks. The comparative method has been applied by comparing the scope of legal and financial instruments on national level in the sphere of management and suppression of consequences of the spread of COVID-19 infection. Conducting the research, the author has aimed to establish specifics of crisis management legislation on both executive and parliamentary powers levels, and relationships with the specific legal framework in the field of insolvency proceedings. State, declaring the emergency state, invented scope of prohibitions and restrictions on the one hand, and promoted targeted financial and legal assistance on the other. The extent of bargaining was balanced with support mechanisms also in the sphere of insolvency of legal entities, highlighting clear and predictable insolvency policy. Targeted restrictions on prohibitions for creditors for submission of an application for insolvency proceedings of a legal person were synchronised with both periods of declaration of the emergency state. A more precise and extended regulation concerning submission of an application for insolvency proceedings of a legal person were invented after the second period of emergency state lasting until 1 March 2021. Scope of legal and financial instruments, invented on both pandemic periods (Year 2020 Fall and Autumn), in majority of cases were of the same nature, but with a different perspective of implementation and availability. In this particular segment of support mechanisms are evolutionary, inventing more flexible and accessible instruments of pandemic recovery funds. Keywords: insolvency, COVID-19, state of emergency, prohibition, legal entities.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69071184","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}
Juridiskā fakultāte Latvija Rīgas Stradiņa universitāte
{"title":"Socrates. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law. 2021, 2 (20)","authors":"Juridiskā fakultāte Latvija Rīgas Stradiņa universitāte","doi":"10.25143/socr.20.2021.2","DOIUrl":"https://doi.org/10.25143/socr.20.2021.2","url":null,"abstract":"","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69069954","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 : 2021-01-01DOI: 10.25143/socr.20.2021.2.040-057
I. Bērziņa, Coline Jeancourt-Galignani
The article analyses the legal framework of emergency state in three countries – Latvia, France and Belgium. The aim of the study is to identify problems thus to improve the national legal framework. Given that the concept of emergency state has gained its relevance in 2020 with the spread of the Covid-19 disease, it has been found that the Emergency State Institute and its legal framework is an important part of every country’s national legal system, as it is a mechanism that helps to strengthen national security in case of external and internal dangers. Analysis of the legal framework of emergency state in Latvia in the context of the selected legal framework of two other countries is an effective way to assess whether the national legal framework requires improvements. In the research such methods were used as cognition, monographic, historical, comparative and analytical method, as well as interpretation of legal provisions recognized in scientific law, which contributed to understanding of the scope of legal norms in national constitutions and other related legislation in the context of the topic. In the result of the study differences in national basic laws and special laws were mainly identified, including the aspect of restriction of human rights, thus contributing to reflection and drawing conclusions on the necessary changes to the national framework. Research also outlines functioning and competence of municipality work in an emergency state.
{"title":"Comparison of Emergency State Regulation Experiences in Latvia, France and Belgium","authors":"I. Bērziņa, Coline Jeancourt-Galignani","doi":"10.25143/socr.20.2021.2.040-057","DOIUrl":"https://doi.org/10.25143/socr.20.2021.2.040-057","url":null,"abstract":"The article analyses the legal framework of emergency state in three countries – Latvia, France and Belgium. The aim of the study is to identify problems thus to improve the national legal framework. Given that the concept of emergency state has gained its relevance in 2020 with the spread of the Covid-19 disease, it has been found that the Emergency State Institute and its legal framework is an important part of every country’s national legal system, as it is a mechanism that helps to strengthen national security in case of external and internal dangers. Analysis of the legal framework of emergency state in Latvia in the context of the selected legal framework of two other countries is an effective way to assess whether the national legal framework requires improvements. In the research such methods were used as cognition, monographic, historical, comparative and analytical method, as well as interpretation of legal provisions recognized in scientific law, which contributed to understanding of the scope of legal norms in national constitutions and other related legislation in the context of the topic. In the result of the study differences in national basic laws and special laws were mainly identified, including the aspect of restriction of human rights, thus contributing to reflection and drawing conclusions on the necessary changes to the national framework. Research also outlines functioning and competence of municipality work in an emergency state.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69069982","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 : 2021-01-01DOI: 10.25143/socr.20.2021.2.136-148
Diāna Bukēviča
This study is focused on the problematic of defining beneficial owners in three types of legal persons: capital companies, associations and foundations. In this regard, the issue of determining beneficial owners of foreign merchants through their branches and representative offices is also examined. The aim of this study is to provide well-reasoned arguments for necessitating a more solid elaboration of legal framework on the beneficial owners in Latvia. In order to achieve this aim, doctrinal methodology is applied by analysing legal norms on the definitions of beneficial owners of different legal subjects. Furthermore, the case study method is used to examine the state practice on registering beneficial owners. Additionally, analytical method and case-law method are also used to support the arguments. The findings of this study demonstrate that public register frequently contains information on beneficial owners which is not entirely accurate and the inconsistent interpretation of the rules on defining the concept of the beneficial owner is due to their incompleteness and rather general nature.
{"title":"Problematic of Defining the Concept of the Beneficial Owner in Capital Companies, Associations and Foundations","authors":"Diāna Bukēviča","doi":"10.25143/socr.20.2021.2.136-148","DOIUrl":"https://doi.org/10.25143/socr.20.2021.2.136-148","url":null,"abstract":"This study is focused on the problematic of defining beneficial owners in three types of legal persons: capital companies, associations and foundations. In this regard, the issue of determining beneficial owners of foreign merchants through their branches and representative offices is also examined. The aim of this study is to provide well-reasoned arguments for necessitating a more solid elaboration of legal framework on the beneficial owners in Latvia. In order to achieve this aim, doctrinal methodology is applied by analysing legal norms on the definitions of beneficial owners of different legal subjects. Furthermore, the case study method is used to examine the state practice on registering beneficial owners. Additionally, analytical method and case-law method are also used to support the arguments. The findings of this study demonstrate that public register frequently contains information on beneficial owners which is not entirely accurate and the inconsistent interpretation of the rules on defining the concept of the beneficial owner is due to their incompleteness and rather general nature.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69070121","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 : 2021-01-01DOI: 10.25143/socr.20.2021.2.317-330
Kārlis Piģēns, Ivars Kronis
The aim of the study is to identify and investigate ownership trends in exploration and use of subterranean depths of Latvia, by examining aspects of legal status of subterranean depths. The following methods were used as part of the study: (1) analytical method used for gaining and analysing the amount of information obtained, as well as for structuring research work; (2) comparative method for analysis and comparison of legal frameworks between European continent countries for the use of subterranean depths in regulatory enactments; (3) empirical method based on facts obtained objectively and systematically through collection of information. The main results of the study include: 1. Today, when society’s demand for energy is growing rapidly to ensure the well-being of society, and technology is evolving more rapidly so that energy resources can be used in an increasingly economic way, it is important to be able to separate the public’s common interest and private interest in energy resources located in the subterranean depths. 2. In the 21st century Latvia, legal framework for the ownership of subterranean depths has not carried out the introduction of a legal framework corresponding to the needs of modern society and technological capabilities to be able to perform systematically both the search and exploration of new mineral resources and other resources of subterranean depths and the establishment of a national strategy for the exploitation of subterranean depths.
{"title":"Aspects of Formation of Legal Status of Subterranean Depths","authors":"Kārlis Piģēns, Ivars Kronis","doi":"10.25143/socr.20.2021.2.317-330","DOIUrl":"https://doi.org/10.25143/socr.20.2021.2.317-330","url":null,"abstract":"The aim of the study is to identify and investigate ownership trends in exploration and use of subterranean depths of Latvia, by examining aspects of legal status of subterranean depths. The following methods were used as part of the study: (1) analytical method used for gaining and analysing the amount of information obtained, as well as for structuring research work; (2) comparative method for analysis and comparison of legal frameworks between European continent countries for the use of subterranean depths in regulatory enactments; (3) empirical method based on facts obtained objectively and systematically through collection of information. The main results of the study include: 1. Today, when society’s demand for energy is growing rapidly to ensure the well-being of society, and technology is evolving more rapidly so that energy resources can be used in an increasingly economic way, it is important to be able to separate the public’s common interest and private interest in energy resources located in the subterranean depths. 2. In the 21st century Latvia, legal framework for the ownership of subterranean depths has not carried out the introduction of a legal framework corresponding to the needs of modern society and technological capabilities to be able to perform systematically both the search and exploration of new mineral resources and other resources of subterranean depths and the establishment of a national strategy for the exploitation of subterranean depths.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69070470","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 : 2021-01-01DOI: 10.25143/socr.20.2021.2.149-159
L. Mazure
A trend is emerging in the Latvian legal system to refer to patient duties more and more, thus consolidating the idea of patient duties. Deficiencies are found, however, in the interpretation of the idea of patient duties, which lacks consistent distinction from related notions. Nowadays, not only is the attention to patient duties in the medical treatment relationship growing, but changes are also taking place which are directed at expanding the interpretation of patient duties, creating groundwork for new patient duties in medical treatment. The aim of the research is to analyse the notion of patient duties, find deficiencies in its interpretation and propose specific solutions to improve the definition of patient duties. The following primary research methods have been used in the study: analytical, systemic, teleological. The research results include an interpretation of the definition of patient duties, distinguishing it from related notions and analysing the trend of expanding the interpretation of patient duties. Based on this interpretation, a proposal is made for improvement of the laws and regulations.
{"title":"Notion of Patient Duties","authors":"L. Mazure","doi":"10.25143/socr.20.2021.2.149-159","DOIUrl":"https://doi.org/10.25143/socr.20.2021.2.149-159","url":null,"abstract":"A trend is emerging in the Latvian legal system to refer to patient duties more and more, thus consolidating the idea of patient duties. Deficiencies are found, however, in the interpretation of the idea of patient duties, which lacks consistent distinction from related notions. Nowadays, not only is the attention to patient duties in the medical treatment relationship growing, but changes are also taking place which are directed at expanding the interpretation of patient duties, creating groundwork for new patient duties in medical treatment. The aim of the research is to analyse the notion of patient duties, find deficiencies in its interpretation and propose specific solutions to improve the definition of patient duties. The following primary research methods have been used in the study: analytical, systemic, teleological. The research results include an interpretation of the definition of patient duties, distinguishing it from related notions and analysing the trend of expanding the interpretation of patient duties. Based on this interpretation, a proposal is made for improvement of the laws and regulations.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69070607","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 : 2021-01-01DOI: 10.25143/socr.20.2021.2.160-187
Laura Šāberte
In October 29th, 2020, the Court of Justice of the European Union delivered a judgment in case A. vs Ministry of Health, No C-243/19. The Court in the judgment analysed significant legal issues relevant to Latvia. Therefore, the aim of the article is to analyse the main proceedings about the patient’s right to cross-border healthcare when effective hospital treatment is available in the patient’s Member State but the method of treatment used is against the patient’s religious beliefs. The article also aims to analyse whether the principle of objective investigation and prohibition of legal obstruction by institutions and courts in accordance with Administrative Procedure Law have been obeyed. In the article, European Union and national legal framework and scientific literature in the field of patient’s right to receive cross-border healthcare have been analysed. Facts of main proceedings in national court cases and request to Court of Justice of the European Union for preliminary ruling from the Senate of the Supreme Court of the Republic of Latvia have been studied as well. Next, the Advocate General Gerard Hogan’s opinion and judgment of the Court of Justice of the European Union has been analysed. Further, the judgement of the Senate of the Supreme Court of the Republic of Latvia has been investigated. Upon concluding the article, the author draws attention to certain issues of national court’s legal analysis, which could be incompatible with the principle of objective investigation and prohibition of legal obstruction by institutions and courts.
{"title":"Pacienta tiesības saņemt pārrobežu veselības aprūpes pakalpojumu, ja pacienta piederības dalībvalstī ir pieejama efektīva stacionārā ārstēšana, taču izmantotā ārstēšanas metode neatbilst pacienta reliģiskajai pārliecībai","authors":"Laura Šāberte","doi":"10.25143/socr.20.2021.2.160-187","DOIUrl":"https://doi.org/10.25143/socr.20.2021.2.160-187","url":null,"abstract":"In October 29th, 2020, the Court of Justice of the European Union delivered a judgment in case A. vs Ministry of Health, No C-243/19. The Court in the judgment analysed significant legal issues relevant to Latvia. Therefore, the aim of the article is to analyse the main proceedings about the patient’s right to cross-border healthcare when effective hospital treatment is available in the patient’s Member State but the method of treatment used is against the patient’s religious beliefs. The article also aims to analyse whether the principle of objective investigation and prohibition of legal obstruction by institutions and courts in accordance with Administrative Procedure Law have been obeyed. In the article, European Union and national legal framework and scientific literature in the field of patient’s right to receive cross-border healthcare have been analysed. Facts of main proceedings in national court cases and request to Court of Justice of the European Union for preliminary ruling from the Senate of the Supreme Court of the Republic of Latvia have been studied as well. Next, the Advocate General Gerard Hogan’s opinion and judgment of the Court of Justice of the European Union has been analysed. Further, the judgement of the Senate of the Supreme Court of the Republic of Latvia has been investigated. Upon concluding the article, the author draws attention to certain issues of national court’s legal analysis, which could be incompatible with the principle of objective investigation and prohibition of legal obstruction by institutions and courts.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69070680","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 : 2021-01-01DOI: 10.25143/socr.21.2021.3.115-126
Olevs Nikers
In perfectly functioning democratic civil society, political decisions should be based on competence of elected officials and their knowledge of certain political issues where experts play an important role. The aim of this article is (1) to look at the role of elected officials (legislators) and public administration institutions in determining the governance of rule of law within defense policy in relation to engagement of the members of society in national defense, and (2) to analyse what factors affect sustainability of this policy and under what circumstances it transforms, and how this transformation is reflected in the public law. Methodologically theoretical / literature overview has been conducted, discussing the role of institutions in the political process and their interaction with legislator within the framework of new institutionalism. Empirically the case of Latvian defense policy towards societal engagement into national defense has been presented and analysed. An important aspect of the empirical study of this issue is interaction among the legislator, public administration institutions, non-governmental sector, and the public. Findings of this analysis leads to argument that Latvian ministry of defense plays a central role in sustainability and transformation of the national policy towards societal engagement into national defense. Legislator does not take necessary initiative in these policies, which is reflected in absence of needed amendments from the perspective of the public law, considering political ambition set by the Ministry of Defense of Latvia. Required political support of ministry’s political initiatives have been granted by the parliament, but as a consequence, this policy in its full extent is not currently properly reflected in the legal acts and regulations. Keywords: legislation, public law, national defense, institutionalism, bureaucratic policy, decision making, public administration, parliamentarism.
{"title":"Bureaucratic Policy and Legal Aspects of Societal Engagement in Latvian National Defense","authors":"Olevs Nikers","doi":"10.25143/socr.21.2021.3.115-126","DOIUrl":"https://doi.org/10.25143/socr.21.2021.3.115-126","url":null,"abstract":"In perfectly functioning democratic civil society, political decisions should be based on competence of elected officials and their knowledge of certain political issues where experts play an important role. The aim of this article is (1) to look at the role of elected officials (legislators) and public administration institutions in determining the governance of rule of law within defense policy in relation to engagement of the members of society in national defense, and (2) to analyse what factors affect sustainability of this policy and under what circumstances it transforms, and how this transformation is reflected in the public law. Methodologically theoretical / literature overview has been conducted, discussing the role of institutions in the political process and their interaction with legislator within the framework of new institutionalism. Empirically the case of Latvian defense policy towards societal engagement into national defense has been presented and analysed. An important aspect of the empirical study of this issue is interaction among the legislator, public administration institutions, non-governmental sector, and the public. Findings of this analysis leads to argument that Latvian ministry of defense plays a central role in sustainability and transformation of the national policy towards societal engagement into national defense. Legislator does not take necessary initiative in these policies, which is reflected in absence of needed amendments from the perspective of the public law, considering political ambition set by the Ministry of Defense of Latvia. Required political support of ministry’s political initiatives have been granted by the parliament, but as a consequence, this policy in its full extent is not currently properly reflected in the legal acts and regulations. Keywords: legislation, public law, national defense, institutionalism, bureaucratic policy, decision making, public administration, parliamentarism.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69071801","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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