Results for 'užsieniečių teisinė padėtis'

23 found
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  1.  14
    Is There a Need for Extension of Subsidiary Protection in the European Union Qualification Directive?Lyra Jakulevičienė - 2010 - Jurisprudencija: Mokslo darbu žurnalas 120 (2):215-232.
    The establishment of the Common European Asylum System by 2012 remains a key policy objective for the European Union. According to the Council of the European Union, the development of a Common Asylum Policy should be based on a full and inclusive application of the 1951 Geneva Convention Relating to the Status of Refugees and other relevant international treaties. In the European Pact on Immigration and Asylum attention is brought to the persistence of wide disparities amongst Member States in the (...)
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  2.  7
    Reception Conditions Directive: Concerns of Transposition into Lithuanian Legislation and Implementation.Lyra Jakulevičienė & Laurynas Biekša - 2009 - Jurisprudencija: Mokslo darbu žurnalas 115 (1):313-333.
    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 (...)
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  3.  11
    Atskiro Turto Režimas Vedybų Sutartyje: Ar Galioja Sutartis, Kai Akivaizdu, Jog Vieno Iš Sutuoktinių Turtinė Padėtis Pagal Sutartį Bus Geresnė?Aušrinė Pasvenskienė & Julija Kiršienė - 2009 - Jurisprudencija: Mokslo darbu žurnalas 118 (4):167-198.
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  4.  2
    Kovo 11-oji: Nepriklausomybės atkūrimo teisinė konstrukcija.Vytautas Sinkevičius - 2010 - Jurisprudencija: Mokslo darbu žurnalas 121 (3):55-71.
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  5.  29
    Responsibility of Transnational Corporations for Human Rights Violations: Deficiencies of International Legal Background and Solutions Offered by National and Regional Legal Tools.Saulius Katuoka & Monika Dailidaitė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (4):1301-1316.
    The article deals with the question how transnational corporations can bear direct responsibility for human rights abuses they commit by analysing the deficiencies of the current international legal background with respect to human rights and transnational corporations, and the solutions offered by national and regional legal tools. By establishing that current international law is incapable of reducing or compensating for governance gaps, the case law analysis shows that the litigation system under the Alien Tort Claims Act in the United States (...)
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  6.  20
    Legal Status of the Sole Managing Body: Is Unambiguousness Possible?Agnė Tikniūtė & Jūratė Usonienė - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):1095-1111.
    The article analyses the key issues of the legal status of the sole managing body from the perspective of the valid legal regulation, the established case-law and doctrine. The first part of the article analyses the dualism of the manager’s legal status from the perspective of civil law and labour law. The analysis of the latest case-law presented herein shows that the rule of “internal” and “external” relations between the manager and the company formulated in the case-law is applied differently, (...)
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  7.  23
    Reducing Irrationality of Legal Methodology by Realistic Description of Interpretative Tools and Teaching the Causes of Irrationality in Legal Education.Hans Paul Prümm - 2009 - Jurisprudencija: Mokslo darbu žurnalas 115 (1):199-219.
    Lawyers pretend as if the process of application of laws, as well as its outcome, could be an analytic-deductive derivation; especially law students learn that legal decision-making is primarily a logic process. But we know that application of laws depends on analytic-logical as well as on voluntaristic (wilful) elements. Exact relations between these components are unknown and will be unknown. At most German law schools students as the most important imperative tool learn the so called “Auslegung” through the use of (...)
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  8.  25
    The Didactic Turn of German Legal Methodology.Hans Paul Prümm - 2016 - Jurisprudencija: Mokslo darbu žurnalas 23 (2):1233-1282.
    We note an increasing consciousness of weakness of legal methodology taught to law students today: The students get neither real idea nor feeling of legal decision-making as mixture of legal matters, issue of facts, personal inputs, diverging interests, and the interplay with other actors. For minimize these defects it is necessary that law students learn in legal studies the following points: (1) Legal decision-making is a special kind of decision-making and is embedded in all problems of this process. (2) Jurisprudence (...)
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  9.  24
    Legal Effects of Registration of Ownership in Immovable Property.Ramūnas Birštonas & Viktorija Budreckienė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (4):1479-1493.
    The principle of publicity is one of the fundamental principles of property law: property rights should be made public in order to inform third parties about the existence of the property right and its holder and thereby to foster legal certainty and efficiency. The publicity of ownership in immovable property is achieved through registration of ownership in the public register. However, the problem arises because of the unavoidable discrepancies between the data contained in the public register and the factual situation. (...)
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  10.  22
    Problems of Application of Detention of Asylum Seekers in the Practice of the Supreme Administrative Court of Lithuania.Laurynas Biekša & Eglė Samuchovaitė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (4):1407-1422.
    The question of detention of asylum seekers is specific due to the special situation of detainees (persons who have experienced human rights violations and apply for asylum in receiving country) and due to peculiarities of detention itself (persons have not committed crimes, but come or stay illegally because they have been forced to do so by fleeing from human rights violations). Therefore, lately it raises many discussions at the European level. Sooner or later, discussions influence national laws, as after adopting (...)
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  11.  19
    Catholic Social Thought in the Interwar Period in Lithuania: The Image of Social State under the Rule of Law in Socialism.Eglė Venckienė - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (2):391-406.
    Social life is changing very fast. People are trying to find out reasons of living in a safe society and understand their role in it. The ‘wrong’ and ‘right‘ models of the social life, state and law systems are appearing. In the XXth century, one of them – socialism – made suggestion how to solve social problems, determinated of capitalism. This work deals with the situation of Lithuanian social thought in the Republic of Lithuania (1900-1940). In the article, the standpoint (...)
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  12.  21
    Civil Society as the Guarantee of Existence of the Legal State: Experience of Lithuania in 1918-1940.Kristina Miliauskaitė & Gintaras Šapoka - 2009 - Jurisprudencija: Mokslo darbu žurnalas 115 (1):183-198.
    The paper deals with mutual conditionality of existence between the civil society and legal state. The paper is based on the 1918-1940 doctrine of independent Lithuania, the models of the legal state and the tentative models of the civil society created at that time. In the first part of the article, the concept of the legal state is discussed. In terms of creation of the model of the legal state, M. Romeris works are of exceptional importance. It his works, M. (...)
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  13.  15
    European Union Accession to the European Convention on Human Rights: Stronger Protection of Fundamental Rights in Europe?Loreta Šaltinytė - 2010 - Jurisprudencija: Mokslo darbu žurnalas 120 (2):177-196.
    The treaty of Lisbon makes European Union (EU) accession to the European Convention on Human Rights (ECHR) an obligation of result. The issue has been intensely discussed for more than thirty years, arguing that such accession is necessary in view of the need to ensure the ECHR standard of fundamental rights protection in Europe. This question again gains prominence as the EU member states and the institutions seek to agree on the negotiation directives of EU accession to the ECHR. The (...)
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  14.  16
    Balancing Between Effective Realisation of Criminal Liability and Effective Defence Rights: The Tasks and the Roles of Prosecutor and Defence Lawyer in Finnish Criminal Procedure.Henna Kosonen & Matti Tolvanen - 2010 - Jurisprudencija: Mokslo darbu žurnalas 120 (2):233-256.
    Prior to the extensive reform of the Finnish criminal procedure in 1997, the roles of the prosecutor and the defence attorney were passive compared to the role of the judge. The main task of the prosecutor was to read the written indictment and to help the judge to find the truth. The judge could procure evidence ex officio, although it may have been detrimental to the suspect. The roles of the judge, the attorneys and the prosecutor changed dramatically when the (...)
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  15.  14
    The Inner Tensions of Legal Culture in Consumer Society.Vytautas Šlapkauskas - 2010 - Jurisprudencija: Mokslo darbu žurnalas 122 (4):371-385.
    The present article explores the inner tensions of the legal culture in consumer society as a consequence of the interaction between democracy, liberalism and market economy under globalization. The interaction between democracy and modern political thought has given rise to liberal democratic society, moral and religious pluralism, and modern law. The interplay between liberal democracy and the market (“new liberalism”) has generated the idea of “instrumental reason”, whose penetration into many realms of life has transformed the structure of society and (...)
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  16.  10
    Legal Regulation of Electronic Marketing.Mindaugas Kiškis - 2010 - Jurisprudencija: Mokslo darbu žurnalas 121 (3):349-370.
    The article analyses the legal regulation of electronic marketing in the European context. The historical and teleological perspective on past and present regulations of electronic marketing is provided. Emphasis is given on the ability of the legal rules to preserve the balance of private and entrepreneurial interests, and the desirable principles of the regulation of the socially beneficial electronic marketing. The paper concludes that the harmonization of legal regulation of electronic marketing at the European Union level is limited, which causes (...)
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  17.  11
    Jurisdiction of the European Court of Justice Over Issues Relating to the Common Foreign and Security Policy Under the Lisbon Treaty.Loreta Saltinyte - 2010 - Jurisprudencija: Mokslo darbu žurnalas 119 (1):261-279.
    Although the Lisbon Treaty maintained the general exclusion of Common Foreign and Security Policy (CFSP) matters from ECJ jurisdiction, it introduced a number of changes into this area, including an explicit statement that the Court is competent to review the legality of the Council decisions imposing restraining measures on persons. The article analyzes the nature and origin of those changes and considers the legal implications for the level of the protection of fundamental rights in the European Union. For this purpose (...)
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  18.  11
    Tomáš Garrigue Masaryk and Mykolas Romeris: Two Personalities and Two Approaches to the State and Constitution.Gediminas Mesonis - 2009 - Jurisprudencija: Mokslo darbu žurnalas 115 (1):7-37.
    T. G. Masaryk and M. Romeris are certainly prominent personalities and great names in history. It would be hard to understand the Czech nation and the development of the state of Czechoslovakia without T. G. Masaryk’s philosophical views on person, nation, state, and his political activity; and it would be hard to understand certain aspects of the interwar Lithuania’s legal and political development without M. Romeris’ scientific heritage. These are the personalities, who have left a significant inheritance due to their (...)
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  19.  10
    The Beginning of Lithuanian Roman Legal System Research and its Pioneer, A. Tamošaitis (article in Lithuanian).Mindaugas Maksimaitis & Stasys Vėlyvis - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (3):805-820.
    Based on archival documents, regulatory and other official materials, as well as the press of that time, the article attempts to shed some light on the complex beginning of Lithuanian Roman legal system research. Since the beginning of theUniversity law degree in 1922, the Roman law courses (then divided into history and dogma, the system) were taught with an exclusive focus. However, while assembling the faculty of professors at the Lithuanian university, in the beginning they had to content mainly with (...)
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  20.  9
    Peculiarities of Administrative Legal Regulation of Metrology.Andrejus Novikovas - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (4):1515-1527.
    The main aim of this research is to analyse the peculiarities of legal regulation of metrology and the problems arising in this area. The content of the article is divided into two parts. The first part of the article analyses the concept of metrology, reveals the relation between fundamental and legal metrology and accentuates problems of metrology as well as repressive means applied in the metrological procedure. The second part analyses the European Union as well as national legislation regulating the (...)
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  21.  5
    The Contribution of the Non-Aristocratic Communities Law to the Realization of the Law-Governed State Model in the Grand Duchy of Lithuania (text only in Lithuanian).Jevgenij Machovenko - 2010 - Jurisprudencija: Mokslo darbu žurnalas 121 (3):39-53.
    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 (...)
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  22.  6
    Ambivalences in Consumer Law: Remarks on the Effects of Writing the Law.Vincent Forray - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):971-1003.
    In every legal system, consumer law indicates problems that it is supposed to solve: imbalance, unfairness and unconscionability. It raises important questions about a legal system’s pre-existing ability to deal with those problems. In a way, consumer law’s very presence in a legal system judges that system. When considering consumer law as a part of the system, an opposition arises between two kinds of discourse. First, there is a discourse, which constructs consumer law as a legal entity apart from the (...)
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  23.  3
    Justice and Equity Within Civil Process.Rūta Petkuvienė - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):1061-1080.
    The article provides an analysis on how much the standard court proceedings can be regarded as the research, which is performed by investigating by what manner and measures the justice in a procedural sense is implemented. It is generally acknowledged that the court, as a subject, solving a legal dispute, implements justice only in the case, when it ensures the impartiality towards all persons. The appropriate legal proceedings form a constituent part of the constitutional right to apply in the court. (...)
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