Between the world wars, Lithuanian notary practice was based on the legal acts adopted from Russia, the Kingdom of Poland, and Germany. The most important was the Russian Notary Law of 1866, which was valid in the largest part of the Lithuanian territory. This law established the so-called approval system, in which the most important acts of the notary as indicated by civil law had to be approved by the senior notary, who worked (...) under the supervision of the county court. In 1919, upon transferring this outdated system into the Lithuanian law practice, only a few provisions were corrected. In addition to the right to collect fees from customers, the notaries had a fixed state remuneration established for them. The provisions for material liability of the notaries were abolished. This withdrawal from the so-called Latin model of notary practice was corrected by the changes to the Notary Law of 1932, which declared notaries as “civil servants without wages”. Thus, starting 1932, payments from the state have been discontinued while more regulation was enforced regarding the daily activities of notaries (e.g. notaries were required to work at least six office hours). Furthermore, the provisions on material liability were revived. (shrink)

The recent Lithuanian court practice shows discrepancies in cases dealing with partitioning of common partial divided property. Moreover, no doctrinal research has been concluded on the limits and conditions of the co-owners‘ right to demand that his share should be partitioned from the common partial ownership in Lithuania. Taking into account that proper implementation of co-ownership rights is based on common agreement of co-owners, when no agreement is reached between co-owners regarding the fact and the mode of partitioning, (...) a question arises on what conditions and to what extent the co-owner is free to implement his right to demand partitioning of his share from the common partial ownership. The research on historical developments of the partition law in different European countries shows that the co-owner’s right to partition is based on the idea of pluralistic conception of the modern property law objects. The authors of this article argue that this conception allows the co-owner to enjoy the right to dispose of his share in the common ownership as a separate object of civil turnover at his own volition and without the other co-owner’s consent. However, the right to partition is not absolute and is limited by the rights of the other co-owner to his share of the same property, so the right to partition may be implemented only following the proportionality and interest balance between the co-owners. (shrink)

This paper presents an analysis of the issue that as yet not been extensively researched in the doctrine of Lithuanian and foreign law: the issue of legal distinguishing between medicinal products and food supplements. In order to analyze the problems of theory and practice, the structure of the paper is divided into two parts. The first part concentrates on the main features of medicinal products and food supplements in accordance with the case law of the Court of Justice (...) of the European Union (CJEU). It is established that medicinal products must comply with one of these descriptions: be made and aimed towards healing and preventing sicknesses; cause serious threats to health or have health-hazardous secondary effects; and have very intense effects on physiological features of human organisms. Food supplements in theory should not have these features. However, sometimes in practice preparations identified as food supplements have large doses of certain medicinal substances or other ingredients (e.g. alcohol, plant extracts, vitamins, amino acids, and etc.) that present threats to human health. The practice of the CJEU shows that counterbalancing free movement and public health protection interests is problematic in this area. (shrink)

There are various notions of capital, but in this article movement of capital is being analysed from the perspective of international investment law – a country has an asset, which it cannot exploit or do so efficiently and there is a foreigner who possesses financing, technology or know-how, which allows to develop such asset. Lithuania is a net importer of capital, thus this article analyses on what might be the asset that Lithuanian government is interested in developing through foreign (...) investment and why Lithuania does not develop such asset through other means, i.e. borrowing. As China is one the biggest capital exporters and becomes one of the biggest outward investors, this article also analyses driving factors behind such increase of outward investment from China – the Going Out policy and various instruments used by China to encourage such policy. Finally, the article analyses the possible underlying reasons Chinese company CAMCE has in Kaunas free economic zone and what such interest means under international investment law. (shrink)

This article analyzes the judicial framework of the takeover bid regulation in Lithuania, identifies the obstacles to the more effective regulation and considers possible solutions. As laid down in the Directive 2004/25/EC of the European Parliament and the Council as well as in the Law on Securities of the Republic of Lithuania, if a natural or legal person acquires a specified percentage of voting rights in the company (the issuer), which gives him a certain degree of control of the company, (...) this person must announce and implement a mandatory takeover bid to protect the minority shareholder rights. The regulation process of takeover bids in Lithuania, however, encounters several obstacles in aiming to increase the protection of minority shareholders. The authors claim that the main problems preventing a more efficient takeover regulation are first, issues related to the counting rules of the voting rights and second, the lengthy process of implementing mandatory takeover bids (the implementation process could last up to six years). Finally, the definition of a fair price of the security presents another obstacle to a more efficient takeover regulation as well. The matter of a fair and reasonable price is the most important in emerging markets, such as Lithuania. (shrink)

Research on the forced migration of Lithuanians to the east of the former Soviet Union in the 1940s and early 1950s throws up a wide range of issues. Methodologically, most of such studies are similar in terms of the sample chosen, which consists of the former prisoners of gulags and exiles who have returned to Lithuania, but it usually disregards those who stayed. Accordingly, the Lithuanian diasporas that emerged in the east after the forced migration, including in Kazakhstan, have (...) not been studied in detail. In this article, our aim is to answer the questions of how and in what private and public contexts processes of the ethnic identification of the Lithuanian diaspora in Kazakhstan are determined, how ethnic boundaries are drawn, and what cultural and social resources are used for this purpose. As the research revealed, the conceptualisation of ethnicity implied by the Kazakhstan state that has been adopted by our informants eliminates its cultural content, or at most reduces it to forms evident in festive culture, as well as the need and possibilities for its expression. As a result, ethnic identity is constructed on the basis of what is almost the sole criterion: Lithuanian descent in the form of ‘root’ or ‘blood’. For most of our informants, ‘roots’ are just a fact of origin, as shown in the practice of entering Lithuanian ethnicity in personal documents, an officially required practice which does not have and does not presuppose any enactment of ethno-cultural differences. Ethnicity, which is seen as ‘in-rooted’ but also as culture-less and as muted by a doubling of roots among ethnically mixed families of origin, enables a whole spectrum of manipulations of ethnic identity. One such manipulation is attempting to profit from the Lithuanian ethnic identity by turning it into a resource for acquiring benefits. The practice of profiteering from the Lithuanian ethnic identity, and thus its transformation into a resource for gaining benefits in the forms of Lithuanian citizenship and a hope of being repatriated to Lithuania, is probably the most frequent factor in becoming Lithuanian by remembering Lithuanian roots and activating the Lithuanian ethnic identity. (shrink)

The constitutional right to self-expression, used by societies professing democratic values (Constitution, Article 25), is a highly important feature for forming the political will of the citizenry. A broad, multi-sided public discussion on all issues of public interest is only possible with the existence of an appropriate amount of freedom of information. A strong mechanism for disseminating information that operates between citizens and the parliament is able to generate a sphere for discussion and mutual influence which are essential for indirect (...) democracy. A discussion’s depth, quality and comprehensiveness constitute important factors which determine the correctness of choices made by citizens and politicians. Mainly, it is the free press which fosters communication between political parties and citizens. The role of the “watchdog” is fundamental to revealing the circumstances under which politicians or other public persons make different political and administrative decisions. This is what permits the identification of motives for rulings and the circumstances under which they were approved. (shrink)

The article outlines some aspects of the civil law in Lithuania, an Eastern European country, which underwent an essential transformation in the last decades. The author outlines the development of the Lithuanian civil law from the oldest written sources up to the adoption of the new Civil Code of the Republic of Lithuania in 2000. The author is critical about the denomination of Lithuania as a “new” state and draws attention to the history of Lithuanian law, which spans (...) hundreds of years. The article emphasizes the continuity of the legal tradition and the heterogeneity of law – the coexisting of several legal systems in the territory of one state. The article discusses the role of Roman Law in the legal system of Lithuania. Even though Roman Law has never been applied in Lithuania, the author argues that it nevertheless had an indirect influence on Lithuanian private law. Roman Law and Canonical Law were among the main sources while drafting the three codified acts, the Statutes of Lithuania, in 1529, 1566 and 1588. The knowledge of Roman Law acquired by lawyers at universities in other European countries was transmitted through drafting of the laws and the jurisdictional and administrative practices. (shrink)

National <.lt> domain name disputes in Lithuania are the ones which courts must decide without having any specific legal regulation. In such cases courts shall apply analogy of law, customs and general principals of law. Last but not least, the courts must address international legal practice as regards the domain name disputes, i.e. take into account the famous ICANN Uniform Domain Name Dispute Resolution Policy adopted in 1999 and mostly applied by the panels of WIPO Arbitration and Mediation Centre (...) while dealing with disputes on generic top level domain names <.com>, <.net>, <.org>, also analyse the practice of ADR cases of Czech Arbitration Court which has the jurisdiction over <.eu> domain name disputes. This article deals with the case-law of Lithuanian courts in <.lt> domain name disputes and analysis the trends of Lithuanian internet law as regards the protection of the owners of intellectual property in Lithuania. The special attention is given to the phenomenon of cybersquatting in Lithuania and the lack of effective means to fight such unfair practices on the net. (shrink)

The article describes the publications of 1945–1990 in the Lithuanian emigration press, reflecting the efforts to use the intellectual potential of Lithuanian emigration in the future in order to reconstruct the Lithuanian political-social system and public relations after breaking away from the Soviet Union. One of the tasks of higher importance the emigration considered was the search for the proper future legal regulation in the sphere of ownership relations, taking into account the essential reforms in this sphere (...) that have been made in Lithuania by the Soviet authority. The discussions in the field of ownership relations began practically from the beginning of the second Soviet occupation after the representatives of Lithuanian residents retreated to the West. The most active discussions were held during the sixth-seventh decades. The eminent interwar period Lithuanian specialists in conformable fields expressed their opinion in the press. (shrink)

Regulation and clinical practices regarding end of human life care differ among the nations and countries. These differences reflect the history of the development of state health systems, different societal values, and different understandings of dignity and what it means to protect or respect dignity. The result is variation in the ethical, legal, and practical approaches to end-of-life issues. The article analyzes the diversity of strategies to strengthen dignity at the end of life of terminally ill patients and to highlight (...) the legal preconditions and limitations for implementing these strategies in independent Lithuania, as a former state of the Soviet Union. It is based on the critical analysis of philosophical literature, legal national and international documents and scientific evidence related to the issue. The author argues that the legal system in Lithuania is not sufficient to ensure the patient’s dignity at the end of life and remains far behind other Western European countries. Legal regulations in Lithuania do not guarantee the right of the patient to express his or her will regarding the future treatment, including the refusal of resuscitation, do not regulate the termination of burdensome, non-viable and meaningless treatment that is undesired by the patient, and limit the accessibility of palliative care with its necessary quality and comfort. (shrink)

In tort law, including Lithuanian tort law, damage usually is divided into two types: pecuniary and non-pecuniary damage. The concept of non-pecuniary damage has recently become a focus of attention of Lithuanian legal researchers. However, it has to be noted that the issues related to the concept of pecuniary damage remain scarcely analysed. As a result, the unique type of pecuniary damage, i.e. the damage of purely economic character, has received no attention whatsoever in Lithuanian tort law. (...) It is usually believed that the defence of the values of purely material character fall into the sphere of contractual law, while tort law is not concerned with the protection of these values. However, in the course of the development of social relations it has become apparent that in the present-day society personal financial losses have become equally important to the cases of actual damage to a person or a property. On the other hand, the fear to overextend the limits of tort law and, thus, limit the persons’ freedom to act, coupled with the different nature of the values protected by tort law provide grounds for the position that relatively abstract financial interests and absolute values or relative personal values should be protected in different ways. Referring to the doctrine and practice of foreign countries as well as the results of the analysis of Lithuanian positive law and court practices, in this article we aim at giving an answer to the question of where and how the ambit of protection under the tort law in the cases of damage of purely economic character should be defined. (shrink)

Criminal liability of legal entities was legitimized in the Republic of Lithuania eight years ago, and in the ruling of the Constitutional Court of 8 June 2009, a conclusive confirmation on its accordance with the Constitution was made. It should be noted that the extension of the concept of criminal offense subject has received considerable attention of Lithuanian scientists. It was obvious that this penal law novel would cause many problems and, surely, it has become a reason of many (...) doubts in the judicial practice. However, despite the fact that a fairly broad scientific analysis of the topic under consideration has been made, none of the Lithuanian authors has ever addressed the issue regarding the sources of the criminal liability of legal entities. (shrink)

The author of the article analyzes the constitutional doctrine of the dismissal of a judge from office upon the expiration of the term of powers. The author discusses the guarantees of the independence of courts and judges, one of which is the guarantee of the inviolability of the length of powers of judges. The previously valid Law on Courts used to provide that the President of the Republic could appoint a person as a judge of a local court when such (...) an appointment is made for the first time, for a five-year term, and that upon the expiration of the five-year term, the President of the Republic could appoint such a person as a judge of a local court without examination or selection until the person reaches the age of 65. Under the Law on Courts valid at present, judges of all courts are appointed at once for the term until they reach 65 years of age. It is asserted in the article that the Constitution of the Republic of Lithuania has not established the right of a person, who was for the first time appointed as a judge of a local court for a five-year term, to be appointed as a judge until he reaches 65 years of age. (shrink)

The processes of post-socialist transformation, especially large-scale migration from Eastern Europe to the Western hemisphere, are creating an ‘expansion of space’ from the local to the supra-local. This process involves the expansion of personal-, familial- and friendship-based networking practices which acquire significance as transnational mobile livelihoods and as significant dimensions of urban dynamics in global cities like Chicago. What are the networks, attachments and social bonds of Eastern European migrants in Chicago? Ethnographic fieldwork conducted in Chicago in 2013 among recent (...) Lithuanian immigrants brought out the importance of a cultural identity of East European-ness involving contested loyalties and limited integration. While living locally, Lithuanian immigrants are expected both to be bound to the ethnic community and to be immersed in the multicultural life-style of the mega city. However the research has shown that livelihoods and social relations among ‘one’s own people’ are involved in trans-ethnic networks and that the bonds of intimacy and the alliances among ‘one’s own people’ run through homeland roots and patrimonial linkages rather than through the citizenship loyalties of the state (the United States and/or Lithuania). The circle of ‘one’s own people’ implies extensive reciprocity and social networking among ‘friends’ and co-workers based on ‘one’s own resourcefulness’ a kind of social capital. Thus, ‘sharing important acquaintances’ ought to involve ‘doing favours’ and livelihood experiences transplanted from oversees are practised in Chicago as ‘local’ life-styles and are used for transnational networking, securing in the process the social status of those involved. (shrink)

Recognition of the status of family in the Constitution of the Republic of Lithuania mandates the state authorities to care and provide for the family, to ensure the family members’ constitutional rights, and to ensure respect for family life. Such duties fall on both, the legislative and executive authorities. However, the enforcement of constitutional imperatives is not straightforward. One reason for this is that the Constitution does not contain any legal definition of ‘family’ or ‘family members’. Nor does the jurisprudence (...) of the Constitutional Court of the Republic of Lithuania reveal the content of these notions. This, in turn, allows for various interpretations as to the scope of duties of state authorities and state attitude towards the family in general. In this context, the article aims to present approaches to the legal concept of family in Lithuanian legal doctrine, positive law and court practice. First, the article analyses the constitutional background of the concept of family and presents an overview of the ongoing political debate concerning this concept. Second, we analyse Lithuanian legal doctrine, scanty as it may be on this issue. Third, we examine the legislative specifics and the case law developed by the country’s highest judicial bodies with regard to the legal definition of ‘family’ and ‘family members’ in order to assess their impact on the state family policy in general. (shrink)

The problems of introduction of flexible work arrangements into Lithuanian labour law are analysed in the paper. Since 1990-ies Lithuania started making huge changes in its economy moving from planned (Soviet) to modern market economy. Together with these changes the employment relationship started to change as well. But after 20 years of development we still see a lack of modern view towards flexible work arrangements in labour laws. The problems of introduction of flexibility into Lithuanian employment relationship are (...) discussed with the retrospective view and explanations of arising obstacles for implementation. Rulings of the Supreme Court of Republic of Lithuania are given to reveal problems existing in practice. Conclusions and suggestions for the improvement of legal provisions are presented. (shrink)

In international arbitration, timely application and enforcement of interim measures can have a substantial effect on the possibility of the enforcement of final arbitration award, especially when issues relating to the protection of assets or evidence arise before or during the course of arbitration proceedings. Though the substantive amendments to the UNCITRAL Model Law on International Commercial Arbitration concerning the application and enforcement of interim measures in international arbitration were made in 2006, the legal regulation of these matters in Lithuania (...) by the Law on Commercial Arbitration remained as previous. Hence, the purpose of this article is to provide a brief analysis of the contemporary universal legal doctrine and international practice regarding the availability, application and enforcement of interim measures in international arbitration; to examine and evaluate the Lithuanian law and court practice, their compliance with the analyzed contemporary universal legal doctrine and international practice on the application and enforcement of interim measures in international arbitration. (shrink)

This paper presents the results of an empirical study that reflects monitoring and evaluation of the implementation of some legal acts on the labour of the Republic of Lithuania. The analysis of legal documents at the national and international level is provided. A review of cognate studies conducted by foreign and Lithuanian researchers is presented and the professional situation of a Lithuanian teacher from the employee rights perspective is highlighted. The professional activities contexts and sectors, wherein systematic violations (...) of teachers’ rights to a healthy and safe working environment are possible, are distinguished. A lack of generalized scientific data of employee (especially teacher) working conditions, the actual security of relevant rights and its monitoring and evaluation is still felt both in the country and abroad. A contradiction between: a) insufficient research of the issue and b) its importance to science and practice, exactly presupposes the scientific problems of the empirical study presented in the given paper. The subject of the study: teachers’ rights to a healthy and safe working environment and a fair remuneration for their work. The objective of the study: to conduct monitoring and evaluation of the effective implementation of relevant legal norms and legal acts applying a written sociological survey. The study is based on the results of a mass country-wide written survey of teachers. (shrink)

The article describes the evolution of problems in the Lithuanian labour law and labour law science since the re-establishment of independence in 1990. Three periods of evolution are presented: the Soviet period (lasted until 1990), the transitional period (1990- 2004) and the period of the Labour Code (2003 and onwards). During the Soviet period, the Code of Labour Laws regulated employment relationship in strict detail as the main employer was the state itself. Good reflections of that period can be (...) pointed out: active (but forced) collective bargaining, single tariff system that implemented equal treatment in the field of remuneration for work and fluent performance of enforcement of labour laws (legal clarity). During the transitional period, new labour laws were introduced and tuned-up with international labour standards (ILO), but in general there were no essential changes in practice. During all that period, the Lithuanian Labour Code was drafted and came in force in 2003. The period of the new Labour Code started together with the European integration and had to bring new trends of the European labour market into Lithuanian practice. The government and academics brought few initiatives for the liberalisation of labour laws but most of them were stuck in the stage of consulting with social partners (Tripartite Council). Nevertheless, 22 years after the collapse of command economy labour laws incompatible with free labour market still dominate. It is obvious that the Lithuanian Labour Code is outdated and needs general reconstruction. Scientific researches and the EU Council recommendations call for the introduction of flexibility, implementation of flexicurity aiming for full integration into the single European labour market. Some strict labour code rules are prevented from functioning in practice. The courts are forced to derogate from disproportionate and improper articles of the Labour Code. The author brings some of the existing problems of labour law into light and proposes their possible solutions. The existing crisis of labour law could be solved by drafting a new Labour Code with the help of academic researchers and by introducing it directly to the Parliament for adoption. (shrink)

The object of this research is the law created and enforced by different selfgoverning institutions such as the Church, the town, province and village communities in Lithuania in the Middle Ages. The author examines what was the contribution of this law to the realization of the law-governed state model in the Grand Duchy of Lithuania. The author believes that this problem can be viewed through the prism of the competition of these communities and their law with the aristocratic Lithuanian (...) state and the law created and ruled by noblemen. This aspect is not considered in the known scientific studies. Pluralism of law is highly preferable as an idea and in practice in law-governed states, because some regress of this conception in one community can be compensated by a progress in any other community. The author thus aimed to advance the hypothesis that favourable conditions for the law-governed state conception in Lithuania in the Middle Ages potentially existed. (shrink)

The principle of solidarity is one of the fundamental legal principles applied in the field of health care regulation. This article analyses EU and Lithuanian legal acts, judicial practice, the doctrine of law and foreign scientific resources in order to reveal the content of solidarity principle and to discuss its role in the legal regulation of health care both at EU and national levels. The article is divided into three parts. The first part of the paper examines the (...) correlation between the right to health established in the EU Charter of Fundamental Rights (the Charter) and the principle of solidarity as the fundamental value upon which the EU is ‘founded’ and which it seeks to ‘preserve and develop’, as the preamble to the Charter states. It is noticed that the principle of solidarity is one of the principles which characterize the European law on social protection. In the summary of the findings of the article, the author states that this principle can be considered as a tool to achieve a greater social cohesion within the EU Member States in defining and implementing all policies and activities in order to ensure a high level of human physical, mental and social health protection through, first of all, a reduction of health care inequalities. For that it is necessary to tackle the factors which determine health care inequalities among the EU Member States. (shrink)

Evasion of value added tax (VAT) is a pressing criminal justice problem; however, there still are no theoretical studies on the specific nature of this offense and the basis of its legal evaluation. This article is an attempt to explain the preconditions of the origin of this type of fraud and its connection with the Value Added Tax Law, to formulate the conceptual understanding of the offense, to reveal the important aspects of its legal evaluation and to discuss relevant examples (...) from the case-law. The preconditions of VAT fraud lie in the legal nature of tax administration and the particularity of VAT regulation creating opportunities to abuse the right of deducting the overpayment from the budget or reducing the tax payable. The system of tax crimes stipulated in the Criminal Code is not sufficient to properly assess the impact and danger of VAT fraud. The judicial practice considering VAT deception as property fraud is theoretically justified and welcome. (shrink)

Legal English, being among the most complex and multifaceted areas of English for Specific Purposes, has duly received considerable attention on the part of linguists, discourse and learner needs′ analysts, sociolinguists and ESP researchers. Most research has been carried out to investigate lexical, syntactic, grammatical and other communicative competences of law students in various cycles of higher education. An area that is still highly in need of examination is the development of communicative competences of Legal English among law practitioners who (...) might have had a course of Legal English in their law studies and face with an urge of revision or might have not been introduced to Legal English whatsoever. In light of these observations, the present study examines the needs and problems regarding the use of general and legal English faced by 34 law practitioners, namely lawyers and judges working at two law companies and a district court in Kaunas, Lithuania. The study assumes qualitative methodology including a semi-structured interview and a questionnaire. The results have revealed that communicative competence of legal practitioners gained during their formal education does not meet the demands of their legal practice. While skills of general English appear not to cause many problems, skills of legal English are not developed to an adequate level. Therefore, as the study shows, it is absolutely inevitable to develop and offer in-service education of Legal English carefully attuned to the diverse levels of competences and needs of legal practitioners. (shrink)

The aim of the article is to answer the question if accession can be maintained as a separate and independent mode of acquisition and loss of ownership in the Lithuanian civil law. Although this mode takes its beginning in the Roman law and is well-known in other European jurisdictions, the situation in Lithuania is less clear because the accession is almost totally absent from the legal texts of the Lithuanian positive civil law, court decisions and legal doctrine as (...) well. Thus, a legal analysis confined to the linguistic analysis of law would come to the conclusion that Lithuanian law functions without the accession. Nevertheless, a deeper analysis of the Lithuanian Civil Code and case law reveals a different view. To respond to the posed question, the article analyses the functions and the concept of accession as one of the aspects of a broader property law principle, namely, of unity. The essence of the latter is that one thing presupposes one right of ownership and it is inconceivable to hold several full ownerships into the same thing. In this respect, accession plays an important role protecting the legal interests of the third parties. Also, the application of accession in other continental European countries and the solutions proposed by the Draft Common Frame of Reference is analysed. Further, the analysis turns to the Lithuanian positive law and case law. In spite of the lack of express reference to the accession rule, careful analysis shows that, in fact, the accession rule is established in the Lithuanian Civil Code, albeit it could be found in various forms and in several different units of the Civil Code. Also, Lithuanian courts routinely apply the rules on accession in practice. Even more, the analysis shows that the Lithuanian Civil Code is not devoid of the rules of accession, but, on the opposite, this legal institute is over-regulated and, in part, incoherent. This quality can be explained as a consequence of an imprecise legal drafting. The final conclusion is drawn that accession is a separate and fully working legal institute of Lithuanian civil law, although to reach its coherent application a certain interpretative position should be adopted. (shrink)

The modern doctrine of the “fresh start” reflects the differences between the past paradigm of punishment of the insolvent person and the current focus on the economic effectiveness and activeness. Global practice in the field of insolvency shows that the “limited liability rule” is eminently effective in the economic and social perspective. The appending threat of abuse and misapplication of the system might be neutralized through the legal regulation of prevention and rehabilitation means, which are analyzed in this article. (...) The aim of this research is to: 1) present a summary of the paradigm of bankruptcy of natural persons; 2) evaluate the categories of prevention and rehabilitation means set in the Lithuanian concept of the bankruptcy of natural persons; 3) identify the physical factors affecting the bankruptcy of natural persons; 4) provide a conceptual model of rehabilitation after bankruptcy and insolvency prevention measures have been implemented in the field of bankruptcy of natural persons. (shrink)

The 6th of February 2005 marks the deadline of transposition of the EU Council Directive No. 2003/9/EC (Reception Conditions‘ Directive) into national legislation. This article is the second in a series of articles on transposition of the European Union Asylum Directives in Lithuania and remaining concerns. It analyses the transposition of the Reception Conditions Directive in the country, the impact of the directive‘s provisions on the development of the Lithuanian asylum law and draws attention to the remaining concerns in (...) relation to implementation of this directive in Lithuania. The authors illustrate the remaining concerns with practical and live examples/stories from Lithuania. (shrink)

The article discusses the possible consequences that can be faced by a Member State of the European Union if its national court does not comply with the obligation to make a reference for a preliminary ruling to the Court of Justice. The TFEU does not specify any sanctions applicable to a state when its national court disregards its obligation under Article 267 TFEU. Therefore, the analysis focuses on the practice of the Court of Justice and its interpretation by scholars. (...) At the outset, the author analyses whether refraining from making a reference for a preliminary ruling can lead to the duty to pay damages to an individual. Taking into account the criteria of a sufficiently serious breach formulated in the Köbler case, the author comes to the conclusion that the infringement of the obligation to make a reference for a preliminary ruling is one of the most important criteria in assessing whether a Member State has to pay damages for any loss suffered by an individual, but the infringement itself is not sufficient to make a state liable. (shrink)

The paper deals with the issue of tying (as well as bundling) practices which are applied by dominant undertakings and which, under certain circumstances, can be considered as abuses of a dominant position. The authors describe the concept of tying, indicate its types, and reveal its economic aspects, since all these issues have a certain impact on the legal assessment of tying practices. The authors conclude that the European Commission (the Commission) and the European Community (EC) courts have usually been (...) too formalistic and unreasonably hostile to tying practices and have not paid due attention to the impact of tying on competition and the beneficial features of tying. Thus certain cases have frequently and rather easily been treated as abuses of a dominant position. A more realistic and effect-based approach was taken by the Commission and the courts in the Microsoft case, where certain criteria for the assessment of tying were formulated. Still, the Microsoft case reflects a rather strict attitude towards tying practices, especially in technological tie-ins. (shrink)

The author tries to explore several new amendments to the penal code of Lithuania, made by the Law on 2 December 2010. The first amendment concerns article 72 of the Penal code of Lithuania (confiscation of property). Prior to the year 2003, confiscation of property implied the right of the court to confiscate any property in possession of the sentenced person. However the Penal code of 2003 set up a new concept of confiscation: just proceeds of the crime or objects (...) intended to be used in committing a crime should be confiscated. However practice was very poor. New law aimed at boosting practice of confiscation, particularly from third persons, to whom usually the offender transfers property. Previous wording of the law provided for that the property should be confiscated from the third person just in case the person knew or could know that the property that he possesses is from a crime. The law of 2010 added new alternative conditions. (shrink)

This is a philosophical study by Lithuanian authors on issues related to how to teach philosophy, especially moral philosophy, through films, paintings, images, etc. The topics include multimodality as a synthesis; semiotics and language and image; cinema and philosophical education; postructuralism; film education; value education through spiritual cinema; Eastern Ethics for Western students through multimodal education; philosophy for children; sound and multimodality; Pedagogy of aesthetic to eco-pedagogy, etc.

Internal protection alternative (further—IPA) as the element of refugee definition is interpreted very differently in the practice of the State Parties to the 1951 Convention and the 1967 Protocol relating to the Status of Refugees (further—Geneva Convention). Thus it is important to regulate this concept clearly in the EC directive 2004/83/EB (further—Qualification directive) and its coming amendments. The definition of the IPA concept does not contain adequate criteria for assessing the level and effectiveness of protection required, in line with (...) the Geneva Convention and the ECHR, thus allowing Member States to reject claims and return applicants to their country of origin despite the lack of effective protection. Moreover, this concept is defined in a broad and vague manner which creates a risk of diverse recognition practices. (shrink)

Both in criminal law science and in the judicial practice there are a lot of discussions as to what should be considered as the beginning and end of human life. Birth and death are not instantaneous acts, but rather processes made up of time-spans that can be construed as evidence of the beginning or end of a human life. From a biological point of view the human life is a constant, continuous metabolic process after cessation of which the human (...) life also ceases. These circumstances very much aggravate the definition of criteria of the moments of beginning and end of human life. There are disagreements in the criminal law science with respect to from which moment the human life is to be protected by the criminal law. Herewith this presupposes also the other problematic question—what is to be considered a “living human” as a homicide subject (a victim). Complication of the said question is also determined by the fact that it is related not only to legal but also to medical, religious, and moral aspects. This article exactly analyses certain aspects of the beginning and end of human life in the context of the homicide composition attributes. (shrink)

_Relevance_. The starting point for embedding CSR as part of the management culture is the vision and values. But first, you need to understand what 'values' means in CSR terms. Companies spend time and effort in creating their mission, vision and values statements, but these are often only from a commercial and internal viewpoint. To achieve CSR values, managers need to take an objective external vie", identifying their various stakeholders, and the company's impacts upon them [1]. Management culture is part (...) of an organizational culture that includes both formal and informal elements of the organizational culture. Management culture reflects the level of the organization’s managerial system development, modernity, efficiency and functionality. It depends on this level how innovations will be implemented in the organization’s management and whether they will be implemented at all, and how effectively the objectives will be solved and the aims will be implemented [2]. Summarizing the results of various research made in different countries, it becomes clear that large companies are not always inclined to coordinate their activities with stakeholders because of their institutional weakness. Research aim: assess the level of cultural and social responsibility of organisational management and discuss their links. Research methods. Analysis of scientific literature, questionnaire survey. Research results. The findings of the research carried out in other countries proved that organizations evaluate not all aspects of corporate social responsibility, and this is influenced by the lack of the employees, as one part of the stakeholders, strong institutional capacity. The quantitative research found that the administration of both groups of companies inadequately evaluate corporate social responsibility activities, there is no feedback guaranteed, there is insufficient care about the relations with employees who are one part of stakeholders, their physical environment and psychological condition. There is no effective internal audit system of social responsibility which should be developed to guarantee feedback, and corporate social responsibility has not become an inseparable part of organizational culture. Having evaluated the weaknesses and the positive trends of management culture and social responsibility characteristics of groups of companies, it should be stated that firstly, management culture expression has influence when aiming for corporate social responsibility; secondly, corporate social responsibility can be regarded as an integral derivative of management culture realized in organizations’ management practice. However, there are also significant differences. There were set personal managerial personnel culture and management knowledge significant amounts of estimates, associated with different approaches to other management work criteria according to which the management culture condition is diagnosed. The clearer dynamics of indicator estimates of the second group of companies leads to the conclusion that the management culture is still being formed, but without clear direction vector. Processes are not clearly focused and uncoordinated. The standards, regulations existing in the second group are not sufficiently linked to the activities practice, so they do not guarantee the optimality of processes, unlike in the first group of companies, where there is a standard peculiar management culture, although the estimates of indicators diagnosing it are not particularly high. In such a situation, the questions of investment in the modernization of management, optimization of working processes remain relevant, unresolved, but the effectiveness of their payoff remains uncertain. Human resources in management policy of both groups of companies are under-estimated; in order to create favorable conditions for their effective use, communication and the interrelationship functionality problems are acute. Organizations (larger problems fixed in the second group of companies) are not adequately prepared to implement corporate social responsibility organization-wide, as management work is not optimally organized, the managerial personnel lacks knowledge and skills working with human resources. Even in the evaluation of formal aspects of corporate social responsibility standards implementation possibilities, the situation existing in groups of companies and organizational abilities of leaders would not allow to realize them systematically and effectively. In this case, corporate social responsibility values would remain more as a declarative form and not the organization’s management culture inseperable part, and a natural, balanced way of functioning of processes based on this philosophy. Though in the second group of companies there is clearer dynamics according to separate management culture parameters, the apparent orientation to modernization of activities shows more open to innovation, in which the elimination of drawbacks and purposeful development can serve the realization of corporate social responsibility more effectively. In both groups of companies the highlighted declarative corporate social responsibility policy trends contradict the actual practice of social responsibility in relations with the organization's internal and external stakeholders. This partly confirms theoretical insights presented in Lithuanian scientific works, which emphasize marketing direction of corporate social responsibility as a general cultural dominant. However, this aspect has not been developed yet in the case of the discussed groups of companies, and the research results lead to the conclusion that organizations lack basic knowledge of corporate social responsibility and motivation to realize them in practice, and the high level of clustering and internal corruption impedes social responsibility transfer to the strategic level. The lack of development of dialogue culture between stakeholders (subjects) became apparent in management culture problem areas and can become a formidable obstacle to the implementation of both individual social responsibility initiatives and installing in complex. This is true in the sense that the organizations do not have universal support from employees, and the procedures are carried out in a superficial manner and have a formal character. Corporate social responsibility is a valuable organization's internal culture category, but this base is not strong enough and balanced. Corporate social responsibility in the activities of both groups of companies (and especially - the first) can be considered still developing and has not taken clear shapes yet. According Hoskins (2006) CSR is a means of developing a management culture. However, the fundamental CSR success factor is that it is a living management process. The strategy needs to be reviewed regularly, and implemented across business units and all CSR components. The delivery of CSR practice is a critical activity. If any of the components are weak, then they detract from the effectiveness of the other components. Like all cultural aspects, CSR is only as strong as its weakest link A CSR management system is essential for CSR to become embedded within the business culture. CSR should not be a separate central activity, but become part of the business process and practice for all business units. (shrink)

Legal acts of the Republic of Lithuania establish several types of material liability of workers engaged in labour (professional) relations: material liability applied pursuant to the Labour Code of the Republic of Lithuania (hereinafter referred to as the LC) and material liability applied pursuant to the Law on Public Service of the Republic of Lithuania (hereinafter referred to as the LPC). In the present article, theoretical and practical aspects of material liability of Lithuanian public servants for material damage caused (...) are analysed. The authors of the article study the conditions for the application of the material liability and identify the main circumstances that must be determined in applying this type of legal compulsion. Furthermore, the authors investigate the relation between the material and disciplinary liabilities, study the limits of the application of labour law norms (that regulate material liability of employees) and civil law norms (regulating personal civil liability) in professional legal relations, identify the means and procedure for solving disputes arising in the application of the material liability. Practical mistakes in the application of the material liability of public servants and violations are analysed on the basis of a rather sparse case-law of the Supreme Administrative Court of Lithuania related to the material liability. (shrink)

The main subject of the present research is the enforcement of the European Union law in the domestic legal order. This topic was chosen considering the Treaty of Lisbon amending the Treaty on the European Union and the Treaty establishing the European Community and especially its declaration No. 17 on primacy of EU law. This article will explain the meaning of primacy of the European Union law and the resulting problems in some EU Member States, as well as possible solutions (...) to tackle the problems. The primacy of the European Union law over the national law was recognised as one of the constitutive principles of the European Union. The article includes relevant provisions of the Lisbon Treaty that deal with the rules concerning the legal requirements of the primacy of the European Union law in the EU primary law. The European Court of Justice has developed the meaning of the principle of primacy, which means that the European Union law should take precedence over national law (even over constitutional provisions) and should there be any conflicts between EU law and national law, every national court is obliged to apply the law of the European Union. The main issue of this article is analysing the principle of primacy of the European Union law over the Lithuanian law. (shrink)

The research analyses the grounds for separation of employment relationship and independent contractors in civil relationship as it is established in legal provisions and court practice of the Republic of Lithuania. Firstly, criteria for separation of civil and labour legal relationship are analysed. Secondly, Lithuanian judicial practice is examined. Since employment contracts are closely related to undeclared work, thirdly, practise of recognizing of undeclared work is used as criteria for identification of employment relationship. The criteria of illegal (...) and undeclared work revealed in court practice are discussed. The changing nature of employment, atypical workers and independent contractors create many problems for separation of these relations. (shrink)

Along with providing a translation into English of the last text Immanuel Kant published during his lifetime, Nachschrift eines Freundes, this essay provides a historical account of the context surrounding the writing and publishing of this postscript as well as the German-Lithuanian and Lithuanian-German dictionary that contains it. In addition, this essay discusses the intellectual-historical significance of Kants essay as a political intervention in the name of Lithuanians, their language, and their culture. Nachschrift eines Freundes demonstrates Kant practicing (...) some of the theoretical Enlightenment tenets that his philosophy espouses. (shrink)

The modern Lithuanian legal doctrine recognises that criminal liability is a last resort (ultima ratio) protecting the society from various law violations. This idea has got deep roots in criminology and is obviously based on the position of rational approach towards the state criminal policy. However, it is not clear whether it is of obligatory legal status to the legislature and the courts. This article attempts to present the idea of a last resort as a concept based on the (...) constitutional principles of the rule of law, justice, proportionality and rationality in the legislation and case law. The author concludes that the main precursors of the ultima ratio principle are the German legal doctrine of protection of legal goods (Rechtsgüterschutz) and Harm principle respected in the common law tradition, as well as the need for protection of human rights in the democratic world. These concepts raise the duty of the legislator to justify the act of criminalisation by legitimate purpose and to comply with certain constitutional limits of application of criminal law. The idea of criminal liability as a last resort is recognised both in the jurisprudence of the Constitutional Court (obiter dictum) and in the practice of the Supreme Court of Lithuania reasoning particular decisions in criminal cases, especially delimiting criminal and other types of legal liability. The author concludes that the fact of discrepancy of criminal law to ultima ratio test can be one of the arguments in support of its objection to the Constitution and even the European Convention on Human Rights and Fundamental Freedoms. At the same time, the author of the article has found that many norms of the Criminal Code are in conflict with the idea of a last resort. (shrink)

The Labour Code of the Republic of Lithuania was enacted on 4 June 2002. However, the practice of ten years has shown that even the systematisation of this branch of law by means of codification could not help avoiding gaps in labour law. The Lithuanian labour law system balances on the brink of flexibility, liberalisation and stability. The purpose of this article is to examine the legal side of this problem and to evaluate the quality of legal regulation (...) of labour relations, also to propose instruments and means to improve them. The main aim of the article is to show the difference between gaps in labour law and some similar (contiguous) legal phenomena that will also be discussed in the article. (shrink)

This article contains an implicit comparison of the institutions and thought of the Italian city republics in the period from about 1150 to 1350 with medieval and early-modern monarchies and oligarchical republics, the latter being exemplified here by a passage from Bartolo of Sassoferrato. The grammarians, notaries, and jurists treated here are representative of the secular or lay professionalism that first emerged on a large scale in these republics. To these have been added occasional clerks who show the influence of (...) these legal and secular traditions, including Ptolemy of Lucca , whose On Princely Government continued a work by the far more famous Dominican Thomas Aquinas and hence enjoyed wide circulation and great influence. His work shows evidence of the influence of the translation of Aristotle's Politics done c. 1260; the only other author treated here who absorbed part of that tradition is the civilian jurist Bartolo of Sassoferrato. Most of the lawyers and other professionals derived their ideas from Roman law and, to a lesser extent, from Seneca and even Cicero. Readers may be surprised to observe that Marsiglio of Padua, surely Italy's premier political thinker, is not seen here at all or, rather, only once mentioned in passing. A reason for this is that he is much discussed in today's scholarly literature of political theory. A main intention of this author, however, has to do with him. It is to help explain the world he came from. If exaggerated, A. J. Carlyle's observation remains sound. Marsiglio, he said, “is not … setting out some new and revolutionary democratic doctrine, but is rather expressing, even if in rather drastic and unqualified terms, the normal judgement and practice of the [Italian] Middle Ages. (shrink)

The European Union policy is geared towards fostering the diversity of cultural expression in its member states. Globalisation, cosmopolitanism and increasing mobility of the population have been destroying the fundamental values of nation-based states. The preservation of the ethnicity of the nation is becoming an increasing challenge. In Lithuania, where ethnicity has deep roots, many prominent representatives of the Lithuanian national revival, cultural figures, philosophers and pedagogues have emphasised the importance of national culture and the development of national identity (...) in the educational space in order to preserve the foundations of the state and its future sovereignty. This is, therefore, becoming an important educational challenge. In 2009, the Ministry of Education, Science and Sport of the Republic of Lithuania adopted the “Strategy for the Development of Ethnic Culture in Educational Institutions”, which was specified in the action program in 2012. However, the modelling of civic education, especially the practical implementation process, faces challenges in the area of education, one of which is the lack of proper attention from participants in education and media. The empirical research reveals that the interest of Lithuanian youth in the history of the national and ethnic culture remains low. This shows that when implementing reforms in the country’s education system, it is appropriate to impart fundamental provisions of citizenship and nationality to the young generation in a consistent and attractive manner. The aim of the article is to present the expression of citizenship and nationality in the educational space of Lithuania and to provide guidelines for improvement of civic education based on research. (shrink)

The form and registration requirements applicable for transfer of close company shares differ in various countries. Discussions on separate related aspects take place in the international business transfer theory and practice. The Lithuanian legal regulation of the said requirements is continually improved, taking into account the experience of other countries and business practice needs. Based on the analysis of the European Union, the Lithuanian and foreign legislation, case law and doctrine, this article is designed for the (...) examination of effectiveness and adequacy of current requirements for the form of share sales transactions as well as expedience of fixing the model of public registration of data about shareholders of a close company. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rhetoric, Reflection, and Emancipation: Farrell and Habermas on the Critical Studies of CommunicationG. Thomas GoodnightThere are moments in history that appear to be alive with emancipatory possibilities. Such were the years moving toward the end of the long twentieth century. In spring 1989, students protested the communist regime in China; the Tiananmen Square massacre initiated an episode of opposition and commenced China’s modern journey toward global reengagement. Revolutions in (...) Europe that autumn were more peaceful. On August 23 two million Estonian, Latvian, and Lithuanian citizens held hands and announced the Baltic Way as a departure from Soviet rule. Transitions rapidly followed in Hungary, Bulgaria, and East Germany, culminating in the Velvet Revolution where on November 17 student protests were beaten back by police in Prague only to be followed three days later by an assembly of 200,000 demanding the transfer of power from the Communist Party. On December 3, George Bush and Mikhail Gorbachev jointly announced an imminent end to the fifty-year-old Cold War. During this time of hopeful transition, two scholars were at work refiguring the philosophical mission of the Frankfurt school, transforming critique from its early totalizing posture into the critical study of communication.Thomas B. Farrell and Jürgen Habermas were trained in different traditions but adjacent disciplines, communication and sociology. Their works [End Page 421] share a commitment to philosophical inquiry directed toward critique and understanding the cultural, social, and linguistic constitution of communication. As a rhetorician and as a philosopher, these scholars share an evident passion for scholarly argument and for engagement with the controversies of public culture. In different ways, both were at work during the portentous years of transition from the Cold War to new democracies and incipient globalization. Each constructed a guarded program of hope in the possibilities of communicative reflection and reasoning. In the post-World War II era, such a broad, positive vision took long to develop. After the brutal realities of the Holocaust became publicly known in the late 1940s, “the generous faith in rationality and the possibilities of human progress which underlay much of earlier historical thought seems discredited today” (Katznelson 2003, 2). The Enlightenment possibilities for reason had been invested in the technical efficiency of modern institutions that produced the capacity to kill systematically without constraints. Ira Katznelson points to a generation of scholars—including individuals at Chicago, Columbia, the New School, and others—who began in the 1950s to engage in a project that would “shade the Enlightenment’s philosophical anthropology, thicken its defenses against evil, deepen its capacity to reason, and restore” an Enlightenment more critical and less susceptible to co-optation by the excesses of nationalism, ideology, and evil (2003, 2). The work of Farrell and Habermas belongs to the extended post-Holocaust moment, where the possibilities of reflective reason in ethical and moral deliberations were set carefully on a road to personal and collective emancipation.Max Horkheimer saw in the modern, postwar welfare state little reason for optimism. Writing in 1946 at the beginning of the Cold War, he concluded: “Language has been reduced to just another tool in the gigantic apparatus of production in modern society” (1974, 22). “Salestalk” by “the surrogates of culture” creates an “illusory triumph of democratic progress that consumes the intellectual substance on which democracy has lived” (Horkheimer 1974, 31). Scientifically engineered propaganda renders public opinion as “a substitute for reason.” With such tools, the forces of barbarism are always waiting in the wings to seize power. Early on, Habermas shared these views. His thesis, in The Structural Transformation of the Public Sphere (1989a), tracks the opening possibilities of communicative reasoning in the liminal spaces of eighteenth-century coffeehouses where frank talk replaced hierarchically driven politeness, the development of these talks into the practices of deliberative democracy, and the decline of deliberative democracy with the union of the state and mass media in producing spectacles in [End Page 422] support of rituals of legitimation. Habermas broke with Horkheimer over the dissertation, however. A thesis of decline, by itself, leaves open only the route of totalizing critique. While never far from critique of institutional practices, Habermas spent his career in opening a positive... (shrink)

This essay traces the Greek and Roman roots of Polish sixteenth- to eighteenth-century political thought by discussing the Polish nobility’s concept of the “Golden Freedom”. By focusing on the Roman and the Greek concepts of liberty and the mixed constitution, it argues that the Golden Freedom, a notion central to the Polish-Lithuanian nobility’s self-identification, was based on Roman political ideals and practices that were incompatible with the political reality of the Commonwealth.

The aim of this article is to analyse different goals of the competition law, which are established in European Union and Lithuania. EU Commission and the Court of Justice distinguish a number of goals of the competition law. Most commonly, mentioned goals of competition law are the following: the integration of the Internal Market, the protection of consumers, protection of the competitors, freedom of competition and economic efficiency. Different goals of competition law are analysed in this paper and relationship between (...) them is explained. Special attention is given to the analysis of protection of the consumers as one of the main objectives of competition law. While analysing protection of the consumers in competition law, a difference between the concept of consumer in competition law and consumer protection law is explained. The authors express a number of critical thoughts towards practice of the EU Commission and the Court of Justice so far, as there is a lack of consistency in evaluation of the protection of consumers’ rights in the context of the other objectives of competition law. Relevance of the present article is supported by the several facts such as revision of the competition law goals by the EU Commission and adoption of resolution “Concerning priority of the activities of the Lithuanian Competition Council” by the Lithuanian Competition Council that establishes main principles (priorities) applied while implementing competition policy in Lithuania. Setting out the main goals in Lithuanian competition law may have important practical consequences in the everyday activities of the Lithuanian national competition authority. (shrink)

Under the Lithuanian legislation, current and future spouses are allowed to sign marital agreements by which their property rights and obligations are set. However, it underlines that in some cases the court may declare the whole agreement or some of its terms unenforceable. The legislator does not specify which particular terms may be declared unenforceable. Therefore, the implementation of the spouses’ right to choose the terms they want is put under doubt. As a result, it is very important to (...) find out the circumstances and the criteria that should be evaluated before a marital agreement or some of its terms are declared unenforceable. Under the Lithuanian legislation, the validity of a marital agreement is considered only at the moment it is signed. However, it is not the case in other countries. For instance, many courts of the United States in deciding on the validity of a marital agreement take into account all the circumstances and conditions both at the time a marital agreement is signed and at the time of divorce. Some courts analyse if an agreement was executed voluntarily, without any pressure or fraud, and if both parties provided fair and reasonable disclosure of the property or financial obligations as well as what were their bargaining powers and expectations. Other courts attempt to establish the effect an agreement will have on the parties after the termination of their marriage. Currently, Lithuanian courts have no practice in declaring a marital agreement unenforceable. However, due to the particularities of marital agreements and the state’s aim to defend the public interest, the means to evaluate the validity of a marital agreement become unclear. (shrink)

Starting from 2009, national courts of the EU Member States for the first time gained a “real” right to request the EU Court of Justice for preliminary rulings in asylum matters. First judgments of this Court demonstrate equivocal tendencies: some are blaming the Court for incompetence in asylum matters, others believe that the adoption of authoritative decisions at the European level will assist in developing consistent practice of applying asylum law in the European Union, something that failed at international (...) level due to absence of a single authoritative body to provide guidance on interpretation and application of the 1951 Refugee Convention. Considering that the judgments of the EU Court are part of the EU law, the Member States should develop their national asylum law with due regard being taken to those judgments. By the beginning of 2012, the Court has issued eight judgments on the interpretation of various problematic issues of EU asylum law. This Article analyses the jurisprudence of the EU Court in asylum cases, related to the granting of refugee status and subsidiary protection. It also provides a critical evaluation of those judgments. The main objective of the Article is to familiarise the relevant Lithuanian institutions and lawyers with the first judgments of the EU Court in asylum cases and encourage discussions concerning the application of rules established by the Court in the Lithuanian context. Due to limited size, this Article presents the analysis of two EU Court judgments adopted on interpretation of the 2004 Qualification Directive: Elgafaji v. The Netherlands (2009) dealing with granting of subsidiary protection, and Abdulla and others v. Bundesrepublik Deutschland (2010), dealing with cessation of refugee status. The value of those judgments first of all lies in the guidance they provided to the Member States on such concepts as: protection in a situation of an armed conflict, agents of protection, effectiveness of protection; as well as determination of a relationship between refugee status and subsidiary protection, relationship of the Qualification Directive with the European Convention on Human Rights and Fundamental Freedoms (ECHR), also cessation of protection. Elgafaji decision, while quite liberal with regard to persons seeking international protection, is not so liberally applied in the Member States’ practice and does not in itself guarantee positive outcome of the application of a concrete individual fleeing from an armed conflict, or a liberal approach to granting subsidiary protection in the Member States. Based on Elgafaji judgment it is clear that: Art. 15(b) of the Qualification Directive correspond to Art. 3 ECHR, while Art. 15(c) provides additional protection and in that it expands the Member States’ obligations beyond the ECHR to provide protection to persons fleeing in situations of armed conflict. While not every person arriving from an armed conflict situation would automatically fall under the granting of subsidiary protection, in certain exceptional situations indiscriminate violence may amount to individual threat without invoking personal circumstances. The EU Court departed from the individualisation requirement applied by the European Court of Human Rights in Art. 3 cases and did not also rely on international humanitarian law, by introducing a “sliding scale” formula for establishing an individual threat in armed conflict situation instead. This formula addressed the alleged internal discrepancy between “individual threat” and “indiscriminate violence”. The Abdulla decision brought in the human rights and law enforcement perspectives to the interpretation of cessation clauses, however it represents a rather superficial approach in the context of the analysed concepts (e.g. towards effectiveness of protection provided by the multinational armed forces) and is likely to be incompatible with the latest legislative trends in the EU asylum instruments (e.g. determination of refugee status and subsidiary protection by means of a single procedure) and the recent jurisprudence under the ECHR (e.g. failure to ensure a minimum standard of living may violate the ECHR). (shrink)

The paper highlights the dependence of the level of organizational trust on work ethic and aims to show that development of trust in organizations can be stimulated by raising the level of work ethic with organizational practices. Based on the framework by Kanungo, R. N. and A. M. Jaeger, Management in Developing Countries, pp. 1-23), historical-cultural analysis of the Lithuanian context is carried out. The country is chosen as an example of a post-socialist context where work ethic and trust (...) in the society tended to be rather low. The authors discuss organizational practices, particularly the ones related to people management, which can facilitate development of work ethic, and thus, trust in organizations operating in a post-socialist context. The importance of a processual approach to the development of organizational trust and the ethical content of organizational practices, which are aimed at developing organizational trust is highlighted. Directions for further research are indicated. (shrink)