Baltic Journal of Law and Politics最新文献

{"title":"Caring about The Caregivers: Challenges for Female Caregivers in Lithuanian and Estonian Labour Law","authors":"Kristina Ambrazevičiūtė","doi":"10.2478/bjlp-2022-0012","DOIUrl":"https://doi.org/10.2478/bjlp-2022-0012","url":null,"abstract":"ABSTRACT While considerable efforts are being made to consolidate and implement the principle of gender equality, the gender pay gap remains a real problem. One of the reasons for this gap is the traditional role of women in caring for children and other relatives. By devoting a significant part of their time to the unpaid care function, women have fewer opportunities to participate in employment relationships. This leads to women’s poorer financial situation, limited career opportunities, and a higher risk of poverty in old age. Therefore, both at the EU and national level, there has been a search for optimal ways to enable female caregivers to remain in the labour market and ensure their income levels. This article provides an overview of the situation of female caregivers and the legal measures taken by Lithuania and Estonia (both EU Member States) to improve the situation of women performing unpaid care functions in labour relationships.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"15 1","pages":"99 - 128"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49179218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Epieikeia or “Better Justice”: Formalism in Tax Law Revisited","authors":"H. Filipczyk","doi":"10.2478/bjlp-2022-0013","DOIUrl":"https://doi.org/10.2478/bjlp-2022-0013","url":null,"abstract":"ABSTRACT For Aristotle, “the essence what is equitable is that it is an amendment of the law, in those points where is fails through the generality of its language”. The application of legal rules produces appropriate (just) results in the majority of cases, but not in all. When its application would lead to injustice, a legal rule can be defeated by equity. The idea of epieikeia (equity) sheds light on the modern discussion about the nature of legal rules, the distinction between rules and principles, and mechanisms of adjudication. This idea is also relevant in the tax law domain. In this area, the dominant theoretical position is legal formalism, with its focus on (strictly conceived) legal rules in legislation and in the application of the law. The Aristotelian reflection on epieikeia poses challenges to this traditional view: legal rules are deficient, and thus, as demonstrated, so is the formalistic approach to tax law. In particular, the equitable resolution of a tax dispute can be achieved through alternative dispute resolution methods: on the basis of a consensus between a taxpayer and a tax authority that is not strictly based on a legal rule.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"15 1","pages":"129 - 151"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43131203","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Management of The COVID-19 Pandemic and Public Response in Lithuania: Knowledge, Attitudes, and Practices (KAP)","authors":"Dainius Genys, R. Krikštolaitis","doi":"10.2478/bjlp-2022-0011","DOIUrl":"https://doi.org/10.2478/bjlp-2022-0011","url":null,"abstract":"ABSTRACT The article aims to provide an overview of the interrelationships between public knowledge, attitudes, and practical behaviours in the context of a global pandemic and the risk management measures used by the government. By reviewing some of the key trends in crisis management in Lithuania, it seeks to explore the response of society. The aim of the paper is to analyse the interrelationship among subjective public informativeness, attitudes, and behaviours according to different socio-demographic aspects. To meet the main objective of the paper, a representative public survey (N-804) on attitudes towards COVID-19 was conducted (at the end of 2020). The survey sought to explore individual self-protection measures, attitudes towards the dangerousness of the virus, the measures used by the government to combat the pandemic, and prevalent stereotypes and their implications on personal behaviour. The paper discusses the indicators, which are divided into separate blocks, on the basis of which the responses of the study participants are summed up and evaluated on a three-level (good, average, poor) rating scale, followed by correlation analyses on various socio-demographic parameters. The survey revealed that a higher proportion of Lithuanian society behaved responsibly, even being moderately informed and characterised by diverse attitudes.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"15 1","pages":"77 - 98"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47265751","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Accessibility of Legal Aid to Children in Conflict With The Law: Bringing the General Concept to Practice","authors":"A. Limantė, R. Vaičiūnienė, Tautvydas Žėkas","doi":"10.2478/bjlp-2022-0014","DOIUrl":"https://doi.org/10.2478/bjlp-2022-0014","url":null,"abstract":"ABSTRACT This paper analyses the concept of accessibility of legal aid for children in conflict with the law, searching for its essential elements in international standards and national practices. By analysing the comparative empirical data on legal regulation in different European jurisdictions, the authors of the paper discuss what it means for legal aid to be accessible to children and what could be done to strengthen it. The paper argues that the goal of improving access to legal aid for children in conflict with the law should be approached from various directions, including the provision of information on legal aid in a child-friendly and age-appropriate manner, the strengthening of children’s legal education, the dissemination of child-friendly materials, and the training and specialisation of legal aid lawyers and other professionals.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"15 1","pages":"152 - 173"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44454148","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A New Norm on Stalking: Is this The New Normal in Lithuania?","authors":"Ramunė Jakštienė","doi":"10.2478/bjlp-2022-0009","DOIUrl":"https://doi.org/10.2478/bjlp-2022-0009","url":null,"abstract":"ABSTRACT The criminalisation of stalking through a specific law is a clear tendency in the EU. At the end of 2021, a new relevant provision in the Criminal Code of the Republic of Lithuania was introduced (Art. 148-1). It incorporates the latest EU legal developments in this field. The new norm determines a wide scope of eligibility and an inclusive concept of stalking to work as an umbrella charge that tackles the whole tactics of stalking. However, the new provision has serious shortcomings that are related to more lenient outcomes for the perpetrator, systemic incompatibility, the generic nature of the law, and consequences-specific construction. Therefore, it is strongly recommended to make urgent amendments to achieve the primary goal of criminalising stalking, i.e., better responding to victims’ experiences.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"15 1","pages":"29 - 47"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44132708","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Democratic Legitimacy of Constituent Referendum(s) in Constitution-Making Process Within The Scope of Turkish Constituent Referendum Experiences","authors":"Hamide Bagceci","doi":"10.2478/bjlp-2022-0010","DOIUrl":"https://doi.org/10.2478/bjlp-2022-0010","url":null,"abstract":"ABSTRACT The referendum experiences of each state vary according to their democratic background, development, and welfare level. Accordingly, it becomes hard to adopt a uniformed approach towards the issue and necessitates questioning the democratic value of each practice within itself. Although a referendum is a tool for reflecting the people’s will, it may not necessarily take place in every case. Constituent referendums differ from other types of referendums in that the constituent power is not bound by any rule of law. In view of this, the democratic value of the constituent referendum has been chosen to be examined in this article, rather than the democratic value of referendums in general. This article focuses on the relationship between the constituent referendum and democracy as a basis and questions whether constituent referendums are indeed a genuine tool of democratic constitution-making and whether they are sufficient to secure democratic legitimacy for the constitutions. Despite the fact that at first glance, constituent referendums tend to have their sights on a democratic goal, the practices reveal that the outcome is not necessarily in accordance with the intended goal. Particularly, the adoption of the 1961 and 1982 Turkish Constitutions has shown that this method is not sufficient in terms of ensuring democratic legitimacy. Therefore, the issue has been evaluated specifically in relation to the constituent referendums that ensured the adoption of the 1961 and 1982 Turkish Constitutions. In this study, the relationship between the constituent referendum and the constitutionmaking process is discussed in a theory-oriented manner in the first three sections, and two important case analyses selected from Turkish constitutional law are included in the following sections. As a consequence, it has been concluded that constituent referendums, when held in antidemocratic settings, are incapable of ensuring democratic legitimacy for constitutions and thus are not necessarily a genuine instrument of democratic constitution-making.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"15 1","pages":"48 - 76"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45763787","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Evolution of Administrative Justice in the Baltic States in 1918–1940","authors":"I. Deviatnikovaitė, Edvins Danovskis, Ivo Pilving","doi":"10.2478/bjlp-2022-0004","DOIUrl":"https://doi.org/10.2478/bjlp-2022-0004","url":null,"abstract":"Abstract At the beginning of the twentieth century, administrative courts were established one after another in European countries. In this article, scholars review the origins of administrative justice in three Baltic states – Lithuania, Latvia, and Estonia – when all three states declared their independence. In the article, the authors reveal the legal regulation of administrative justice, the procedural provisions of judicial review, the system of institutions that supervised the legality of administrative acts, and their jurisdiction during the period from 1918 to 1940 in the Baltic states.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"15 1","pages":"71 - 97"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42018786","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"COVID-19 Affected State Aid Provision in the EU","authors":"Andrius Puksas, Raimundas Moisejevas, Andrejus Novikovas","doi":"10.2478/bjlp-2022-0005","DOIUrl":"https://doi.org/10.2478/bjlp-2022-0005","url":null,"abstract":"Abstract The EU State Aid regulation is based on the premise that the market and the entities within it must operate independently without additional unnecessary intervention by the state. In other words, state intervention must be kept to a minimum. Unjustified aid to one or another entity may distort the situation in the market and lead to a number of undesirable consequences, including market advantage acquired by the aided entity. The willingness of the state and its institutions to help those who face difficulties may be understandable, but not always justified. However, the prohibition on a state and its institutions to grant aid is not unconditional and, in some cases, may cause serious undesired consequences. The coronavirus disease (COVID-19), which hit EU member states in the first half of 2020, led to a re-thinking of the rules in force and a broadening of the scope for state aid exemptions. However, there are a number of questions about the nature of the EU State Aid regulation and its correlation with COVID-19 outbreak-conditioned decisions. The article analyses the state aid granting practices across the EU (including the UK) related to COVID-19. It covers approximately two- year period—from the start of the pandemic in Europe to March 2022.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"15 1","pages":"98 - 116"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46365584","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Individual Constitutional Complaints in Lithuania: An Effective Remedy to be Exhausted Before Applying to the European Court of Human Rights?","authors":"Dovilė Pūraitė-Andrikienė","doi":"10.2478/bjlp-2022-0001","DOIUrl":"https://doi.org/10.2478/bjlp-2022-0001","url":null,"abstract":"Abstract Although the significance of an individual constitutional complaint mechanism is mostly associated with the national constitutional protection of human rights, it is a no less significant remedy in the context of the international human rights protection system. Individual constitutional complaints can be considered an effective domestic legal remedy to be exhausted before applying to the European Court of Human Rights (the ECtHR). However, the answer to the question of whether proceedings in a constitutional justice institution fall within the scope of such domestic remedies is very complex and may vary from case to case. Whether it will be required to exhaust an individual constitutional complaint procedure before filing a complaint with the ECtHR will largely depend on the legal system of the state and the scope of the powers of the constitutional justice institution. This article aims to assess whether the individual constitutional complaint mechanism operating in Lithuania could be recognised an effective remedy to be exhausted before applying to the ECtHR.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"15 1","pages":"1 - 30"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42866730","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Criminal Liability Nuances of Medical Negligence During the COVID-19 Pandemic","authors":"Darius Pranka","doi":"10.2478/bjlp-2022-0006","DOIUrl":"https://doi.org/10.2478/bjlp-2022-0006","url":null,"abstract":"Abstract Under normal circumstances, the medical negligence of doctors in most European (continental) states is assessed within the limits of criminal liability under the criminal laws of each state, without exception in the case of COVID-19 or another pandemic. The author raises the question of whether doctors, in the performance of their duties and in the provision of treatment services during the COVID-19 pandemic, deserve any relief from their liability due to errors or negligence in the performance of their duties that have resulted in the consequences of damage to health or life loss of patients. The article provides an analysis of the special laws created for such situations and adopted in Poland and Italy while presenting the shortcomings and advantages of such legal regulation and distinguishing the discussion issues raised by legal scholars and practitioners of the abovementioned states. The author criticises the attempt to adopt a similar legal act in Lithuania and at the same time proposes to discuss the possibility of changing the existing legal regulation and setting limits on the criminal liability of doctors during the COVID-19 pandemic.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"15 1","pages":"117 - 140"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47011808","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}