Teisė

Editorial Board and Table of Contents

2021-03-03T09:22:28+00:00

The Legality of the Evidence as a Condition of its Admissibility in Lithuanian Civil Procedure

2021-03-03T09:22:27+00:00

In the article the author, using comparative as well as other methods of scientific research, analyses the issues related to the admissibility of illegally obtained evidence in civil proceedings. The author intends to answer the question of whether the doctrine of the “fruits of the poisonous tree” is applied in Lithuania and, if so, to what extent.

The Positive Procedural Obligations of States under Article 2 and 3 of the European Convention on Human Rights: Lithuanian Experience

2021-03-03T09:22:25+00:00

The article analyzes the reasons why the ECtHR finds violations of Articles 2 and 3 of the ECHR quite often in cases against Lithuania. The investigation aims to reveal the main mistakes made by the subjects of pre-trial investigation and the courts, which lead to violations of the ECHR.

The Termination of an Employment Contract Initiated by the Employer’s Will

2021-03-03T09:22:24+00:00

This article systematically analyses new Labour code rules (regulation from July 2017) and the judicial practice of Lithuania relating to the termination of an employment contract initiated by the employer by employer’s will (Labour Code of the Republic of Lithuania, Article 59). It is important to separate this new background of termination from an ordinary one – the termination of an employment contract by the absence of an employee’s fault (Article 57 of Labour code) – and reveal the theoretical and practical aspects and the conclusions in disclosing the true norm meaning. Employers will be able to terminate an employment agreement without the employees’ fault due to the following reasons (Article 57 of Labour code): employee’s work function is no longer required; employee fails to reach the agreed results of work; employee does not agree to change the terms of their employment agreement, place of work, or working regime; employee does not agree to continue employment after business transfer or a part thereof; employer ceases its activities. New rules, indicated in Article 59 of the Labour code (Termination based on employer’s will), says that if an employer intends to terminate an employment agreement due to other reasons, not listed in Article 57 of Labour code, the employee may be served with a 3 business days’ prior written notice and paid a severance pay of at least 6 average monthly salaries.

The Principle of Judicial Independence in the Context of the Evolution of EU Law

2021-03-03T09:22:23+00:00

This article examines the significance and the content of the principle of judicial independence and its assurance based on Article 267 of the Treaty on the Functioning of the European Union and Article 19 (1) of the Treaty on European Union. The interaction between these provisions is analysed in the context of the development of the case-law of the Court of Justice of the European Union.

Justice in the Republic of Poland: Problems in Implementing the Principle of Independence of the Judiciary

2021-03-03T09:22:22+00:00

The right-wing populist Law and Justice party , which came to power in 2015 in Poland, sought not only to implement its conservative and Christian ideas through the executive and the legislative powers, but also to influence the justice. This article presents an analysis of legal acts adopted or amended on the initiative of this ruling party, which shows how the judicial power has been systematically usurped by this political party, in spite of the constitutional principle of the separation of powers, and states that the principle of judicial independence has been violated.

Selection of Judges for Administrative Courts

2021-03-03T09:22:21+00:00

Administrative law, unlike civil or criminal law, is not a codified branch of law and it is characterized by a large number of sources of different legal force. Thus, a judge hearing administrative disputes must have particularly deep knowledge of administrative law. The article analyzes the experience of France, Germany, the Czech Republic, Slovakia, Poland, and Lithuania in selecting candidates for judges to work with administrative cases.

Problems of Legal Qualification of the Financial Collateral in Cash

2021-03-03T09:22:20+00:00

The article analyzes the distinctive features of the financial collateral in cash as a special form of commercial charge. The analysis is relevant for its legal qualification and distinguishment from another form of charge established in the Civil Code – the pledge of monetary funds in the bank account of a pledgor. A proper legal classification of the collateral in cash is important not only for determining the extent of the rights and obligations between the collateral taker and the collateral provider, but also affects the possibility of other financial collateral provider’s creditors to have their claims satisfied in insolvency proceedings. The classification of collateral in cash through the lens of legal consequences, which is used in the legal practice, does not reveal the peculiarities of this type of collateral, therefore the article will examine its other legally significant features. The article also analyses the causes of legal qualification errors and ways to eliminate them.

Challenges in Harmonising and Implementing the Environmental Crime Directive

2021-03-03T09:22:20+00:00

The article analyses the harmonisation framework under TFEU of the Directive 2008/99/EC and the possible difficulties in implementing the document in national legislation. An inadequately chosen legitimate purpose and the lack of the prioritisation of environmental crime in the Member States result in harmonisation and implementation problems related to issues of the definitions of the offences, their differentiation and compliance with fundamental principles of the law.

Non-Judicial Procedures of Protecting the Rights of Workers in Belarus, other EEU States and Lithuania*

2021-03-03T09:22:19+00:00

The article explores non-judicial mechanisms for labor disputes in Belarus, other Eurasian Economic Union member states (Armenia, Kazakhstan Kyrgyzstan and Russia) and Lithuania in a comparative legal aspect. The author analyzes different procedures for the settlement of individual and collective labor disputes in these countries and puts forward a number of proposals to improve these procedures in the legislation.