Legal Developments During 30 Years of Lithuanian Independence: Overview of Legal Accomplishments and Challenges in Lithuania

✍ Scribed by Gintaras Švedas (editor), Donatas Murauskas (editor)

• Publisher: Springer
• Year: 2020
• Tongue: English
• Leaves: 308
• Edition: 1st ed. 2021
• Category: Library

✦ Synopsis

This volume provides an overview of selected major areas of legal and institutional development in Lithuania since the Restoration of Independence in 1990. The respective chapters discuss changes in fields varying from the constitutional framework to criminal law and procedure. The content highlights four major aspects of the fundamental changes that have affected the entire legal system: the Post-Soviet country’s complex historical heritage; socio-political and other conditions in the process of adopting new (rule of law) standards; international legal influences on the national legal order over the past 30 years; and finally, the search for entirely new national legal models.

Over a period of 30 years since gaining its independence from the Soviet Union, Lithuania has undergone unique social changes. The state restarted its independent journey burdened by the complicated heritage of the Soviet legal system. Some major reforms have taken place swiftly, while others have required years of thorough analysis of societal needs and the search for optimal examples in other states. The legal system is now substantially different, with some elements being entirely new, and others adapted to present needs. 

✦ Table of Contents

Contents
Part I: Complicated Historical Heritage: Dealing with the Totalitarian Past
Chapter 1: Transitional Justice Cases Against Lithuania at the European Court of Human Rights
1.1 Introduction
1.2 The ECtHR as an Instrument of Transitional Justice in Cases Concerning the Legacy of the Communist Regime
1.3 Overview of Transitional Cases Against Lithuania at the ECtHR
1.3.1 Restitution of Property and the GoodWill of the State
1.3.2 Lustration and `Democracy Capable of Protecting Itself´´ 1.3.3 Punishment of Perpetrators and Battles Over History 1.3.4 Freedom of Expression with Regard to the Past and Its Limits 1.4 Continuing Relevance of Transitional Justice for Lithuania 1.5 Conclusions References Legal Normative Acts Books and Articles Chapter 2: The Legal Framework for Administrative Liability in Lithuania: Lifting Legal Barriers to the Efficient Regulation o... 2.1 Introductory Remarks 2.2 The Development of the Legal Framework for Administrative Liability in National Law: The Key Facts and Considerations 2.3 Constitutional Imperatives on the Legal Framework for Administrative Liability of Administrative Offences 2.4 Institutional Features of the Legal Framework for Administrative Liability of Administrative Offences: Dual Structure of A... 2.5 Substantive Features of the Legal Framework for Administrative Liability of Administrative Offences: Paradigm Shift in App... 2.6 Procedural Features of the Legal Framework for Administrative Liability of Administrative Offences: Enhancing the Efficien... 2.7 Conclusions References Books and Articles Case Law Chapter 3: Development of Property Protection in Criminal Law During Lithuania´s Independence 3.1 Introduction 3.2 The Main Tendencies of the Development of Lithuania´s Criminal Laws Concerning the Protection of Property During 1990-2000 3.3 The New Criminal Code of Lithuania and Further Developments of the Protection of Property During 2000-2019 3.4 Conclusions References Books and Articles Chapter 4: Some Aspects of Economic Regulation in Lithuanian Constitutional Law: From Planned Economy to the Fourth Industrial... 4.1 Introduction 4.2 The Constitutionalisation of Lithuania´s Economic System 4.3 The Reflection of the State of the National Economy in the Jurisprudence of the Constitutional Court 4.4 Conclusions References Books and Articles Part II: Sophisticated Socio-Political and Other Conditions in the Process of Adoption to New (Rule of Law) Standards Chapter 5: Development of the Justice System in Lithuania: Revolution, Evolution or Involution? 5.1 Introduction 5.2 Origins and Result of the Judicial System Reform 5.3 Official Constitutional Doctrine in Establishing the System of Courts 5.4 Improvement of the System of Courts 5.5 Administration of Justice and Political Culture 5.6 Conclusions References Legal Acts Books and Articles Case Law Chapter 6: Evolution of the Lithuanian Civil Procedure: Objectives and Reality 6.1 Introduction 6.2 Purposes of the Code of Civil Procedure 6.3 Drafting of a Modern CCP Based on Social Civil Procedure Which Would Balance the Powers of the Court and Those of the Part... 6.4 To Turn the First Judicial Instance into Principal Instance 6.5 To Entrench a System of Procedural Measures That Would Help the Court to Prevent the Dishonest Party from Abusing Procedur... 6.6 To Allow for the Application of Particular Features of the Procedural Hearing of Cases, Taking into Account Their Specific... 6.7 To Create an Effective System of Review of Lawfulness and Reasonableness of Court Rulings 6.8 Instead of Conclusions References Books and Articles Legal Acts Jurisprudence Chapter 7: Development of Arbitration Law in the Republic of Lithuania After the Restoration of Independence 7.1 Introduction 7.2 General Perception of Arbitration in Lithuania 7.3 General Overview of the Developments in Statutory Regulation of Arbitration 7.4 Development of the Nonarbitrability Doctrine 7.4.1 Objective Arbitrability (Arbitrability Ratione Materiae) 7.4.2 Subjective Arbitrability (Arbitrability Ratione Personae) 7.5 Development of the Competence-Competence Doctrine 7.5.1 Scope and Implementation of the Tribunal´s Authority to Rule on Its Jurisdiction 7.5.2 Scope and Implementation of the Courts´ Authority to Rule on the Tribunal´s Jurisdiction 7.6 Development of the Public Policy Exception in Enforcement and Annulment Proceedings 7.7 Conclusions References Books and Articles International Legal Acts National Legal Acts Case Law Chapter 8: Understanding Legal Responses to Technological Change in Lithuania Since 1990: Examples of Assisted Reproduction an... 8.1 Introduction 8.2 The Legal Response to Assisted Reproduction Technologies in Lithuania 8.3 The Legal Response to New Skin Care Procedures Regulation in Lithuania Since 1990 8.4 Conclusions References Legal Acts Part III: Authority of International Legal Sources over a Period of 30 Years Chapter 9: Shift in the Role of Lithuanian Courts in the Context of Lithuania´s Membership in International Organizations 9.1 Introduction 9.2 Cooperation Procedure as Envisaged in Protocol No. 16 9.3 Cooperation Procedure Under Article 267 TFEU 9.4 Conclusions References Books and Articles Chapter 10: Forensic Examinations in Lithuania: 30 Years of Experience (1990-2020) 10.1 Introduction 10.2 Stages of Legal Regulation of Forensic Science in Lithuania During 1990-2020 and Their Peculiarities 10.2.1 The Main Peculiarities of Legal Regulation of Forensic Science During the Period 1990-2003 in Lithuania 10.2.2 Relevant Questions on Regulations of Forensic Science During the Period 2003-2020 10.3 Organizational Structural and Other Practical Developments in the Forensic Science of Lithuania in 1990-2020 10.3.1 New Methods Developed and Implemented in the Forensic Practices of FSCL 10.3.2 Development of Existing Types of Forensic Examination by New Examination Methods or Technologies in FSCL 10.3.3 Development in Other State Forensic Institutions 10.4 Instead of Conclusions References International Legal Regulation National Legal Acts Books and Articles Online Sources Chapter 11: Execution of Judgments of the European Court of Human Rights: Lithuanian Case 11.1 Introduction 11.2 Willingness to Comply with International Obligations 11.3 Lithuanian Cases Before the ECtHR 11.3.1 Status of the Convention in the National Legal Order 11.3.2 Trends of Cases 11.3.3 Judgments and Execution 11.4 Insights on Exceptional Non-compliance Examples 11.4.1 L. v. Lithuania: National Courts as Policy Creators 11.4.2 Paksas v. Lithuania: The Need for a Political Consensus 11.4.3 Abu Zubaydah v. Lithuania: Extra-jurisdictional Challenges and Restricted Domestic Venues 11.5 Conclusion References Books and Articles Part IV: The Search for Experimental and/or Entirely New National Legal Models Chapter 12: The Development and Prospects of the Lithuanian Constitutional Justice Model 12.1 Introduction 12.2 The Essential Features Defining the Status of the Constitutional Court: The Result of Political Compromise 12.3 The Lithuanian Constitutional Justice Model 12.4 The Development of the Lithuanian Constitutional Justice Model 12.4.1 The Development of the Legal Regulation Governing the Constitutional Justice Model (Legislative Mechanism of Developmen... 12.4.2 The Jurisprudential Mechanism in the Development of the Constitutional Justice Model 12.5 Further Prospects for the Development of the Constitutional Justice Model 12.6 Conclusions References Books and Articles Legal Acts and Draft Legal Acts of the Republic of Lithuania Sources of the Constitutional Court of the Republic of Lithuania Legal Acts of Foreign States Chapter 13: Constitutional Principles As a Criterion for Declaring Legal Regulation to Be Incompatible with the Constitution o... 13.1 Introduction 13.2 The Constitutional Doctrine Preceding the Year 2000 13.3 The Constitutional Principle of the Rule of Law 13.4 The Constitutional Principle of Justice 13.5 The Constitutional Principle of Sound Governance 13.6 The Constitutional Principle of Separation of Powers 13.7 Other Constitutional Principles 13.8 Conclusions References Books and Articles Legal Acts and Jurisprudence of the Constitutional Court of the Republic of Lithuania Chapter 14: Administrative Liability in Lithuania: The Model of Corporate Administrative Liability 14.1 Introduction: State of Research, Its Novelty and Originality 14.2 The Evolution of the Model of the Supervision of Business Entities and Corporate Administrative Liability in the Ordinary... 14.3 The Substantive Features of the Model of Corporate Administrative Liability: Application Conditions and Sanction Types 14.4 Constitutional Imperatives and Other Legal Principles Influencing the Model of Corporate Administrative Liability 14.5 Institutional Aspects of the Model of Corporate Administrative Liability 14.6 Procedural Aspects of the Model of Corporate Administrative Liability: Catalog of General Procedural Guarantees and Its R... 14.7 Conclusions References Books and Articles Law and Soft Law Jurisprudence Chapter 15: Collective Labour Law in Lithuania: Search for a National Model 15.1 Introduction 15.2 The Concept, System and Role of Collective Labour Law 15.3 Representation of Employees and Employers in Industrial Relations 15.4 Specific Features of the Legal Regulation of Social Partnership 15.5 Collective Bargaining and Collective Agreements 15.6 Conclusions References Books and Articles Legal Acts Chapter 16: Tendencies and Problematical Aspects of Criminal Liability of a Legal Person in Lithuania 16.1 Introduction 16.2 General Provisions on the Criminal Liability of a Legal Person in Lithuania 16.2.1 The Scope of Criminal Acts for Which Legal Persons May Be Held Liable Under the CC 16.2.2 The Grounds of Criminal Liability of a Legal Person 16.2.3 The Content of the Condition ThatCriminal Act Was Committed for the Benefit or in the Interests of the Legal Person´
16.3 Peculiarities of Criminal Liability of a Legal Person
16.3.1 The Guilt of a Legal Person
16.3.2 Principle of Non Bis in Idem and Criminal Liability of a Legal Person
16.4 Punishments and Measures Applicable to a Legal Person for the Commission of a Criminal Act, Sentencing Rules and Release ...
16.5 Conclusions
References
Books and Articles
Jurisprudence
Legal Acts