Abstract: The article argues that states’ narratives about themselves and each other, shaped by the foreign policy decision-makers, create filters for the achievement of soft power goals. A state agent can shape narratives that can be rejected by the state’s target’s society because they would undermine dominating biographical and strategic narratives of the state target. The empirical analysis of the narratives of the president, minister of foreign affairs, and spokesperson of the MFA of Russia illustrates how Russia prevents itself from soft power expansion by “othering” Lithuania. At the same time, analysis of the narratives of presidents and the minister of the foreign affairs of Lithuania illustrates how they shield society from Russia’s narratives and, thus, soft power while searching for “sameness” with the Euro-Atlantic partners. PubDate: Thu, 17 Mar 2022 00:00:00 GMT
Abstract: This article studies the Kosovo Government decision to restrict freedom of movement vis-á-vis freedom of gathering during the Covid-19 pandemic, a restriction which has directly affected religious freedoms and practices across multiple religions. The article also addresses the decision of the Constitutional Court, which ruled that the Government’s decision was unconstitutional. The article reflects on and contextualizes the behaviors of different religious communities in Kosovo, in light of these religious restrictions in the age of Covid-19. PubDate: Thu, 17 Mar 2022 00:00:00 GMT
Abstract: Among the different instruments of collaborative governance, participatory budgeting (PB) is of particular interest in Poland. PB includes the residents who co-decide about local public expenditure. PB proponents suggest that it has the potential to democratize budgeting but others point to the ease with which organized groups sometimes capture the process to serve their interests. The analysis shows that due to the weak axiological grounds that result from the infringements of all nodal public values, e.g. human dignity, sustainability, citizen involvement, openness, secrecy, compromise, integrity, and robustness, PB in Poland has little potential to enhance accountability for the protection of the common good. PubDate: Thu, 17 Mar 2022 00:00:00 GMT
Abstract: As the processes of globalization become more intense, the legislation adopted by international institutions occupies an increasingly important place in national criminal law, including crimes related to corruption. However, the regulation of some acts of corruption, in the context of sustainable development, raises questions about its compliance with criminal law principles. This article examines the requirements of international law to criminalize a promise and offer to give or accept a bribe in national law, recognizing that criminalization of such actions as completed criminal offense potentially violates the principle of ultima ratio. The article demonstrates that there is no unequivocal conclusion from international law that states must provide for liability for all acts of bribery as a completed criminal act. In order to implement the principle of ultima ratio, criminal liability for acts consisting essentially in the preparation or attempt to pay a bribe should not be enshrined in the same paragraph as bribery, where the bribe is exchanged by hand. PubDate: Thu, 17 Mar 2022 00:00:00 GMT
Abstract: Recently amended legal regulations established the opportunity of application of advance directives for terminally ill patients in Lithuania. Provisionally, advance directives should enhance patient’s rights while making complex end of life decisions, however, implications for legal and moral responsibility to empower a patient’s autonomy are not clearly established yet. The article discusses the legal and ethical justification of implementation of advance directives and, in their absence, the surrogate decision making for the best interests of the patient and the best representation of the patient’s will. The reflections of recent empirical studies indicate the importance of a patient-centered approach that can provide the hints for harmonization of the national legal system, including a supportive decision-making culture, raising public awareness and confidence, more effective professional communication, and broader public involvement into end-of-life deliberations. Analysis of legal and ethical arguments imposes the conclusion that the specific question of respect of dignity in the end of life is not just a problem of health care management or the quality of health care services, but a fundamental challenge of human rights that should be discussed at the policy decision making level. Overall, we assume that application of advance directives should be elaborated in accordance with the case-law of the European Court of Human Rights (ECHR), the ideals of welfare society, and other national laws as well as public interests. PubDate: Thu, 17 Mar 2022 00:00:00 GMT
Abstract: This article assesses the permissibility of interference in private autonomy under the good faith principle when payment service providers unilaterally terminate contracts with consumers. The protection of the interests of such consumers is impeded by the formal application of legal rules and contractual terms, which ultimately contradicts public interests, including combating money laundering and terrorism financing. To overcome this conflict, the article proposes a doctrinal approach according to which the bank’s right to withdraw from the contract unilaterally should be limited by the systemic and teleological interpretation of regulating rules in combination with the general civil principle of good faith, which, by analogy with the original source of the problem, is called a good faith based approach. One of the general frameworks for implementing this approach is respect for freedom of contract, which is limited by the non-discussion presumption, modern civil law practice, and legal regulation of a consumer’s interests. According to research based on EU and Latvian law, legal doctrine, and case law, there are also valid reasons to intervene in private autonomy that should be recognized as legally acceptable for restoring justice and contractual equality in favor of consumers. PubDate: Thu, 17 Mar 2022 00:00:00 GMT
Abstract: Many parents (over)share personal details regarding their children in social media without thinking that this can negatively affect the wellbeing of their child and put him/her at risk. Furthermore, parents forget that they are not owners of their children’s data but just the legal representatives of the child with an obligation to act only for the best interests of the child. A child’s right to privacy and the protection of his/her data is regulated in international, EU and national level, however, this is not enough to avoid malpractice of the data of a child. This article analyses social media dangers and whether parental actions result in privacy and online safety violations focusing on legal regulations and their interpretations in international, EU and national level exploring child’s right to privacy, consent of the child and the right to be forgotten. PubDate: Thu, 17 Mar 2022 00:00:00 GMT
Abstract: Freedom to provide services and free movement of workers are linked to the processes of permanent intra-EU migration, which are regulated, inter alia, by the national legislation implementing PWD. Consequently, the posting of workers within EU is not only part of the work organization process, but also part of a wider phenomenon of internal migration of workers. Accordingly, posted workers are to be considered as internal labour migrants. The regulation of the posting of workers must consider the legitimate interest of Member States in protecting their markets from social dumping as well as ensure minimum guarantees for posted workers. These circumstances presuppose changes in the regulation of the posting of workers. This article identifies four stages in the transposition of PWD into Lithuanian national law that are causally related to changes in European legislation and Lithuanian labour law reform as of 2017. It presents the legal assessment of national legal regulation and case law, identifying the related legal problems. The article pays special attention to the legal regulation of the remuneration of a posted worker, established by PWD (Directive 96/71/EC of the European Parliament and of the Council on 16 December 1996 concerning the posting of workers in the framework of the provision of services (Official Journal (EU), 2004, no. L 18) [Directive 96/71/EC], with the amendments introduced by Directive 2014/67/EU of the European Parliament and of the Council from 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Revision 4 of the EU Posting of Workers Directive Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (Official Journal (EU), 2014, no. L 159) [Directive 2014/67/EU] and Directive 2018/957/EU of the European Parliament and of the Council on June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (Official Journal (EU), 2018, no. L 173) [Directive 2018/957/EU]). It also explains the impact on the regulation of employment relations for posted workers in Lithuania stemming from Directive 2019/1152 on transparent and predictable working conditions in the EU. PubDate: Fri, 08 Oct 2021 00:00:00 GMT
Abstract: Traditionally, the idea of a sovereign is being connected either with an absolutist ruler (later replaced by “the people”) at the national level, or the nation-state at the international level – at least in the conditions of the Westphalian system created in 1648. Today, on the contrary, we are witnessing a “post-” situation in many respects – post-modernism, post-positivism, but also post-statism – basically being a sort of return to the pre-Westphalian system (see Ondrej Hamuľák, “Lessons from the ‘Constitutional Mythology’ or How to Reconcile the Concept of State Sovereignty with European Integration,” DANUBE: Law, Economics and Social Issues Review Vol. 6, No. 2 (2015); or Danuta Kabat-Rudnicka, “Autonomy or Sovereignty: the Case of the European Union,” International and Comparative Law Review Vol. 20, No. 2 (2020)). However, paternalistic views, prevailing especially in times of crisis and uncertainty, desperately search for a sovereign to lead us from the crises. With regard to cyberattacks and insecurity in the cyberspace this means an effort to subordinate cyberspace to state sovereignty. Still, given the limitations of traditional state-based monopolies of power and legislation, the state as an “analogue sovereign” shrinks in the digital cyberspace rather to a co-sovereign, co-ordinator, or in feudal terms a “senior” vis-à-vis their vassals. The actual ensuring of the tasks of state as a “digital sovereign” is namely often being entrusted to non-state (essentially private-owned) entities, under the threat of legal sanctions. The current situation of constructing “digital sovereignty” of traditional states or of the EU is thus marked by the necessity of cooperation between the state power and those non-state entities which are falling under its analogue jurisdiction. PubDate: Fri, 08 Oct 2021 00:00:00 GMT
Abstract: Passage of the Diaspora Law of Latvia required policymakers to go through an arduous process of discussing the limitations of diaspora, weighing the potential risks and benefits of various possible approaches, and ultimately agreeing on a definition to be included in the law. The end result was a very broad interpretation of who can be recognized as part of the Latvian diaspora. In this paper, to understand the political process of arriving at a definition, the theoretical perspectives of the ‘narrow’ and ‘broad’ definitions of diaspora are discussed, the motivations driving national governments to engage with their diasporas are analysed, and the discourse used during the drafting process is reviewed. PubDate: Fri, 08 Oct 2021 00:00:00 GMT
Abstract: The concept of ‘sharp power’ has recently emerged as a reaction to the assertiveness of authoritarian regimes. It serves to underline the complexity of challenges which are posed by authoritarian regimes, referring to diverse front lines in the overall ‘battle’, be they culture, education, or the media. The latter, according to Dmitri Trenin, “has become such a crowded battlefield”. This paper attempts to fill in the information gap regarding Russia’s ‘sharp power’ manifestations in Lithuania’s mass media and focuses on NATO related messages in particular. The paper presupposes that messages which evoke an air of support for Russia’s foreign and security policy tend to pass through to Lithuania’s mass media, and argues that, as a result of the insufficient activity by Lithuania’s mass media in terms of forming an independent perception of Russia vis-à-vis NATO, the preconditions for possible manifestations of Russia’s use of sharp power are therefore created. The article is organised into four parts. The first section sets out a theoretical framework for the analysis which focuses on the concept of sharp power. Then the research methodology is outlined. The third section presents features of the informational environment of Lithuania in 2016 and 2019. The final, and most elaborated, section investigates messages which apparently serve to support Russia’s foreign and security policy in terms of the NATO‘s topic in Lithuania’s mass media based on the aforementioned criteria. PubDate: Fri, 08 Oct 2021 00:00:00 GMT
Abstract: In this article, the authors analyse the practice of the Lithuanian national courts and the European Court of Human Rights in hate crime cases, provide insights into the synergy between the decisions made by these courts, and suggest further improvement actions. This research shows that proving the circumstances surrounding various forms of hatred is quite complex, often lacking a more comprehensive, in-depth definition of the totality of circumstances by taking account of the need for special knowledge, the identification of guilt, and the system and intensity of actions. There is often a divide between criminal liability and the possibility of other countermeasures, especially when examining cases related to hate speech. Court decisions draw attention to the fact that it is necessary to consider the totality of the data collected, not individual data or individual fragments of circumstances. Among other things, the decisions emphasize the ultima ratio principle: whether criminal liability is an adequate measure in cases of hate speech. The topical issues examined in the article draw attention to the collection of significant data and the organization of investigations of these crimes, issues relating to proof and the emerging practice of the European Court of Human Rights and the Supreme Court of the Republic of Lithuania in this category of cases, highlighting the two main problematic aspects: first, the determination of the totality of objective and subjective features and second, the fact of identifying a real threat. PubDate: Fri, 08 Oct 2021 00:00:00 GMT
Abstract: This article explores the possibility of using criminal procedure and its measures for individual prevention of crime. The author tries to look at criminal procedure in an abstract way, not focusing on any concrete legal system. It is argued that the criminal process is traditionally reactive and this should not change. However, some measures of criminal procedure (arrest, pretrial detention, house arrest, suspension of driving licence, suspension at work) may be used as instruments of individual prevention when they are the best or only measures available and their application will not prejudice the case against the accused. Their use must be accompanied by relevant safeguards and allowed only if necessary and proportional. PubDate: Fri, 08 Oct 2021 00:00:00 GMT
Abstract: The article deals with a recently relevant issue – whether a doctor who has made an error or was negligent during his or her professional activity that has resulted in injury or death should be prosecuted, whether this type of liability is not too strict, and whether it is proportionate and adequate to the specificities of the medical profession. From the point of view of criminal justice in Lithuania, this topic has not been investigated at all. The courts hear such criminal cases without any exceptions for doctors. However, in an international level, the judgments of the European Court of Human Rights or investigations in other states suggest that criminal liability is not always a binding legal consequence in such cases. After having analysed and summarised the case-law of the said court, by taking into account the insights of foreign authors, the danger of medical error and ultima ratio principle, the author raises the idea that the current practice in civil medical negligence when doctors are prosecuted for simple negligence should be changed. PubDate: Fri, 08 Oct 2021 00:00:00 GMT
Abstract: The main purpose of this article is to explore how standardization of the public service provision and introduction of customer service standards affect the de facto discretion of civil servants. The study uses a qualitative case study approach. Two main research methods were used to gather data – semi-structured interview and document analysis. Analysis of the empirical data revealed that written standards only partially affect the de facto discretion of civil servants. The customer interaction standards define only a few civil servants’ actions, and do not cover all aspects of the communication between civil servants and customers. Application of written standards is flexible especially in non-typical situations. Customer service standards do not restrict the actions of civil servants when they focus on customer problems, which is especially important when dealing with socially vulnerable customers. This study explores the use of customer service standards as a public management tool. The research data can be useful for understanding and improving customer interaction standards and its practical application. PubDate: Thu, 18 Mar 2021 00:00:00 GMT
Abstract: In 2019, the EU Member States started applying the Matrimonial Property Regulation, which concerns the property regimes of international marriages. This regulation is aimed at helping couples manage their property and divide it in case of divorce or the death of one spouse. One of the main features of this regulation is its openness to the parties’ choice. The parties are enabled – in cases foreseen in the regulation – to grant jurisdiction to the court of a Member State of their choice, as well as to choose the law applicable to their matrimonial property regime. Since this regulation is new and the track record of its application is rather short, the limits of party autonomy allowed under the regulation and its advantages still involve a high degree of uncertainty. This article provides an in-depth analysis of party autonomy as provided for in the Matrimonial Property Regulation. In addition, it scrutinises the issue of party autonomy in the Succession Regulation, which often directly interacts with the Matrimonial Property Regulation. PubDate: Thu, 18 Mar 2021 00:00:00 GMT
Abstract: With the enactment of the Lisbon Treaty, EU law gained supremacy over national law in ten areas of criminal law (with the possibility of extension in the future) treated as particularly serious crimes with a cross-border dimension and the right to enact directives. The question arises if and when direct effect is possible in criminal law, taking account of developments and applications of this principle in other areas of EU law. To answer this question, the following tasks are necessary: (1) to discuss the role of principles in criminal law, (2) to define the principle of direct effect through the academic literature and the jurisprudence of the CJEU, (3) to discuss whether directives could have direct effect in criminal law, and (4) to analyze the EU’s impact on Lithuanian national criminal law through an analysis of the jurisprudence of the Supreme Court of Lithuania. PubDate: Thu, 18 Mar 2021 00:00:00 GMT
Abstract: This article assesses the top-down Europeanization of national political parties by the political groups of the European Parliament. Based on the premise that the national political parties alter their agendas and argumentation because of ties to their respective European Parliament political groups, the paper presents a case study of Latvia in the period from 2004 to 2019. The analysis focuses on the agendas of three political parties whose continuity can be clearly traced during the fifteen years – the “New Unity”, the “National Alliance” and the “Latvian Russian Union”. It concludes that the small number of members of the European Parliament elected from Latvia, migration of individual politicians from party to party, and low durability of Latvian parties themselves has limited the sustainability of Europeanization and impeded downloading of EU topics and principles to the national party level. Meanwhile, party programs of all three observed parties have Europeanized since 2004 in terms of the number and depth of the EU issues addressed. PubDate: Thu, 18 Mar 2021 00:00:00 GMT
Abstract: Arbitration is a dispute settlement mechanism based on an agreement of the parties. Party autonomy to conclude an arbitration agreement is well established and recognized by the UNCITRAL Model Law on Arbitration and various national laws. However, party autonomy to conclude an arbitration agreement raises certain challenges for protection of human rights. One of them is how an arbitration agreement is compatible with Article 6 of the European Convention on Human Rights, which establishes the right to a fair trial before the state court. Conclusion of an arbitration agreement means that the parties waive their right to submit the dispute to the state court and instead create biding jurisdiction of arbitration court. This waiver of the right to a fair trial before the state court raises questions as to what extent the procedural guarantees of the right to a fair trial are applicable in arbitration court. What are the requirements for such a waiver of the right to a fair trial before the state courts' PubDate: Thu, 18 Mar 2021 00:00:00 GMT
Abstract: This article elaborates on recent developments in modelling the advanced measure for prevention of organized and serious criminality and corruption – civil confiscation. It distinguishes and discusses the safeguards in civil confiscation patterns that are supposed to ensure the balance between the effectiveness and proportionality of the recovery of the proceeds of crime. Based on different sets of the distinguished safeguards, the article abstracts the variety of civil confiscation patterns in European national jurisdictions into three models and discusses the advantages and the risks the regulation based on these models may pose. The analysis is supplemented with the assessments made by the European Court of Human Rights in the cases related to civil confiscation regulation and insights of the practitioners who participated in the legislative proceedings on the draft of the Lithuanian law on civil confiscation. The article concludes with the thesis that some patterns of the civil confiscation may pose serious risks of disproportional or erroneous decisions to recover property and abuse of civil confiscation proceedings. PubDate: Thu, 18 Mar 2021 00:00:00 GMT
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