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Europeanization by European Parliament Political Groups: The Case of Latvia 2004-2019 欧洲议会政治团体的欧洲化：以拉脱维亚为例2004-2019
Baltic Journal of Law and Politics Pub Date : 2020-12-01 DOI: 10.2478/bjlp-2020-0012
Māris Andžāns, K. Bukovskis, Andris Sprūds
{"title":"Europeanization by European Parliament Political Groups: The Case of Latvia 2004-2019","authors":"Māris Andžāns, K. Bukovskis, Andris Sprūds","doi":"10.2478/bjlp-2020-0012","DOIUrl":"https://doi.org/10.2478/bjlp-2020-0012","url":null,"abstract":"Abstract This article assesses the top-down Europeanization of national political parties by the political groups of the European Parliament. Based on the premise that the national political parties alter their agendas and argumentation because of ties to their respective European Parliament political groups, the paper presents a case study of Latvia in the period from 2004 to 2019. The analysis focuses on the agendas of three political parties whose continuity can be clearly traced during the fifteen years – the “New Unity”, the “National Alliance” and the “Latvian Russian Union”. It concludes that the small number of members of the European Parliament elected from Latvia, migration of individual politicians from party to party, and low durability of Latvian parties themselves has limited the sustainability of Europeanization and impeded downloading of EU topics and principles to the national party level. Meanwhile, party programs of all three observed parties have Europeanized since 2004 in terms of the number and depth of the EU issues addressed.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"13 1","pages":"76 - 108"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48379721","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}
引用次数: 1
The Role of EU Principles in Criminal Law: is the Principle of Direct Effect Applicable? 欧盟原则在刑法中的作用:直接效力原则是否适用?
Baltic Journal of Law and Politics Pub Date : 2020-12-01 DOI: 10.2478/bjlp-2020-0011
Edita Gruodytė, S. Milčiuvienė, Neringa Palionienė
{"title":"The Role of EU Principles in Criminal Law: is the Principle of Direct Effect Applicable?","authors":"Edita Gruodytė, S. Milčiuvienė, Neringa Palionienė","doi":"10.2478/bjlp-2020-0011","DOIUrl":"https://doi.org/10.2478/bjlp-2020-0011","url":null,"abstract":"Abstract With the enactment of the Lisbon Treaty, EU law gained supremacy over national law in ten areas of criminal law (with the possibility of extension in the future) treated as particularly serious crimes with a cross-border dimension and the right to enact directives. The question arises if and when direct effect is possible in criminal law, taking account of developments and applications of this principle in other areas of EU law. To answer this question, the following tasks are necessary: (1) to discuss the role of principles in criminal law, (2) to define the principle of direct effect through the academic literature and the jurisprudence of the CJEU, (3) to discuss whether directives could have direct effect in criminal law, and (4) to analyze the EU’s impact on Lithuanian national criminal law through an analysis of the jurisprudence of the Supreme Court of Lithuania.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"13 1","pages":"49 - 75"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44415302","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}
引用次数: 1
Party Autonomy in the Context of Jurisdictional and Choice of Law Rules of Matrimonial Property Regulation 婚姻财产规制的管辖与法律规则选择语境下的当事人自治
Baltic Journal of Law and Politics Pub Date : 2020-12-01 DOI: 10.2478/bjlp-2020-0014
A. Limantė, Neža Pogorelčnik Vogrinc
{"title":"Party Autonomy in the Context of Jurisdictional and Choice of Law Rules of Matrimonial Property Regulation","authors":"A. Limantė, Neža Pogorelčnik Vogrinc","doi":"10.2478/bjlp-2020-0014","DOIUrl":"https://doi.org/10.2478/bjlp-2020-0014","url":null,"abstract":"Abstract In 2019, the EU Member States started applying the Matrimonial Property Regulation, which concerns the property regimes of international marriages. This regulation is aimed at helping couples manage their property and divide it in case of divorce or the death of one spouse. One of the main features of this regulation is its openness to the parties’ choice. The parties are enabled – in cases foreseen in the regulation – to grant jurisdiction to the court of a Member State of their choice, as well as to choose the law applicable to their matrimonial property regime. Since this regulation is new and the track record of its application is rather short, the limits of party autonomy allowed under the regulation and its advantages still involve a high degree of uncertainty. This article provides an in-depth analysis of party autonomy as provided for in the Matrimonial Property Regulation. In addition, it scrutinises the issue of party autonomy in the Succession Regulation, which often directly interacts with the Matrimonial Property Regulation.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"13 1","pages":"135 - 158"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45705631","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}
引用次数: 0
Arbitration Agreements and Protection of the Right to a Fair Trial 仲裁协议与公平审判权的保护
Baltic Journal of Law and Politics Pub Date : 2020-12-01 DOI: 10.2478/bjlp-2020-0015
Dalia Višinskytė, Remigijus Jokubauskas, Mykolas Kirkutis
{"title":"Arbitration Agreements and Protection of the Right to a Fair Trial","authors":"Dalia Višinskytė, Remigijus Jokubauskas, Mykolas Kirkutis","doi":"10.2478/bjlp-2020-0015","DOIUrl":"https://doi.org/10.2478/bjlp-2020-0015","url":null,"abstract":"Abstract Arbitration is a dispute settlement mechanism based on an agreement of the parties. Party autonomy to conclude an arbitration agreement is well established and recognized by the UNCITRAL Model Law on Arbitration and various national laws. However, party autonomy to conclude an arbitration agreement raises certain challenges for protection of human rights. One of them is how an arbitration agreement is compatible with Article 6 of the European Convention on Human Rights, which establishes the right to a fair trial before the state court. Conclusion of an arbitration agreement means that the parties waive their right to submit the dispute to the state court and instead create biding jurisdiction of arbitration court. This waiver of the right to a fair trial before the state court raises questions as to what extent the procedural guarantees of the right to a fair trial are applicable in arbitration court. What are the requirements for such a waiver of the right to a fair trial before the state courts?","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"13 1","pages":"159 - 180"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47060892","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}
引用次数: 0
Balancing Personal Data Protection with Other Human Rights and Public Interest: Between Theory and Practice 平衡个人资料保护与其他人权及公共利益:理论与实践之间
Baltic Journal of Law and Politics Pub Date : 2020-06-01 DOI: 10.2478/bjlp-2020-0006
V. Justickis
{"title":"Balancing Personal Data Protection with Other Human Rights and Public Interest: Between Theory and Practice","authors":"V. Justickis","doi":"10.2478/bjlp-2020-0006","DOIUrl":"https://doi.org/10.2478/bjlp-2020-0006","url":null,"abstract":"Abstract The role of balancing in the development and application of European data protection is enormous. European courts widely use it; it is the basis for harmonization of pan-European and national laws, plays a crucial role in everyday data protection. Therefore, the correctness of a huge number of critical decisions in the EU depends on the perfection of the balancing method. However, the real ability of the balancing method to cope with this mission has been subjected to intense criticism in the scientific literature. This criticism has highlighted its imperfections and casts doubt on its suitability to optimize the relation between competing rights. Paradoxically, the everyday practice of balancing tends to ignore this criticism. The limitations of the balancing method are typically not discussed and are not taken into account when considering legal cases and solving practical issues. Thus, it is tacitly assumed that the shortcomings and limitations of the balancing method, which the criticism points out, are irrelevant when making real-life decisions. This article discusses the scope of this phenomenon, its manifestations, and its impact on the quality of data protection decisions based on the balancing method:sub-optimality of these decisions, their opacity, public dissatisfaction with the legal regulation, its instability and low authority The ways of bridging the gap between the practice of balancing and science and broader consideration by the practice of the shortcomings of the balancing method identified during scientific discussions are considered.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"13 1","pages":"140 - 162"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43459841","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}
引用次数: 0
The Trouble with “Gender” in Latvia: Europeanisation Through the Prism of the Istanbul Convention 拉脱维亚的“性别”问题:伊斯坦布尔公约棱镜下的欧洲化
Baltic Journal of Law and Politics Pub Date : 2020-06-01 DOI: 10.2478/bjlp-2020-0005
Elizabete Vizgunova, Elīna Graudiņa
{"title":"The Trouble with “Gender” in Latvia: Europeanisation Through the Prism of the Istanbul Convention","authors":"Elizabete Vizgunova, Elīna Graudiņa","doi":"10.2478/bjlp-2020-0005","DOIUrl":"https://doi.org/10.2478/bjlp-2020-0005","url":null,"abstract":"Abstract The article analyses the dynamics of Europeanisation revolving around the ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) in Latvia. Whereas the document has not yet been made a part of EU acquis communautaire, the EU has committed to applying the norms enshrined in the Convention by any means, not least through the EU Gender Equality Strategy 2020-2025. The discussion on the repercussions of the implementation of the Istanbul Convention in Latvia’s legislation has occupied a noteworthy place in the discussions of the national parliament of Latvia (Saeima) since 2016. The article first uses critical frame analysis and defines the most important issue frames, document frames and metaframes that are employed by different political parties/politicians and Ministries/Ministers when talking about the Istanbul Convention to promote or refuse the ratification of the document. The article shows how the camps for and against the ratification draw on different and often opposing issues, documents, and meta-frames to substantiate their arguments. Next the article applies two models of Europeanisation: the external incentives model and the social learning model. The article concludes that the social learning model is better positioned to explain the non-ratification of the Convention, mostly due to exclusive national identity and the lack of resonance of the Convention in Latvia. Whereas some liberal-centre political parties are framing the ratification of the Istanbul Convention as aligned with Latvia’s commitment to European values, the framing by national-conservative players which argues that the Istanbul Convention is not in line with Christian values, has borne more fruit.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"13 1","pages":"108 - 139"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47046664","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}
引用次数: 0
Hercules in the Colombian Constitutional Court 哥伦比亚宪法法院的大力神
Baltic Journal of Law and Politics Pub Date : 2020-06-01 DOI: 10.2478/bjlp-2020-0001
I. Vallejo, C. González
{"title":"Hercules in the Colombian Constitutional Court","authors":"I. Vallejo, C. González","doi":"10.2478/bjlp-2020-0001","DOIUrl":"https://doi.org/10.2478/bjlp-2020-0001","url":null,"abstract":"Abstract This paper explores how the Colombian Constitutional Court has used the legal and political philosophy of Ronald Dworkin to show that the use of the concepts of rights as trump cards, individual autonomy, and state neutrality, have configured the reception of egalitarian liberalism. This conclusion is reached by means of an analysis of the meaning and use of these concepts in certain judicial decisions and of personal interviews with certain head justices and law clerks of said Court, which also made it possible to frame this question within the larger issue of the relationship of philosophy to the decisions of the judges.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":" ","pages":"1 - 23"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49645932","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}
引用次数: 0
The Conceptualization of Energy Justice: The EU Sphere 能源正义的概念化：欧盟范围
Baltic Journal of Law and Politics Pub Date : 2020-06-01 DOI: 10.2478/bjlp-2020-0007
Julius Paškevičius
{"title":"The Conceptualization of Energy Justice: The EU Sphere","authors":"Julius Paškevičius","doi":"10.2478/bjlp-2020-0007","DOIUrl":"https://doi.org/10.2478/bjlp-2020-0007","url":null,"abstract":"Abstract The regulation of the energy sector in the EU adresses different challenges in pursuance of ensuring the functioning of the energy system. One of the most pressing current energy issues in the EU is household access to energy services, which is acknowledged as social justice concern. Provided that access to universal service in the EU is recognised as a right of households, the article aims to introduce the advanced concept of energy justice desiged for the investigation of households’ ability to access sufficient energy service in the EU. The article is organized in three parts. The first part specifies the roots of energy justice. The second part assesses whether the constituent elements of energy justice comply with EU fuonding values. Lastly, the more comprehensive concept of energy justice is presented with underlying rationale.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"13 1","pages":"163 - 190"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43406711","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}
引用次数: 0
Unequal Contributions: Problems within the Division of Shares in Joint Community Property 分摊不均:夫妻共同财产分配中的问题
Baltic Journal of Law and Politics Pub Date : 2020-06-01 DOI: 10.2478/bjlp-2020-0002
J. Grigiene, Paulius Čerka, Milda Štuikytė-Skužinskienė
{"title":"Unequal Contributions: Problems within the Division of Shares in Joint Community Property","authors":"J. Grigiene, Paulius Čerka, Milda Štuikytė-Skužinskienė","doi":"10.2478/bjlp-2020-0002","DOIUrl":"https://doi.org/10.2478/bjlp-2020-0002","url":null,"abstract":"Abstract Marriage influences the economic rights of spouses when joint community property is created. When a marriage is dissolved, joint community property has to be divided. Each country sets different rules about how joint community property should be divided between spouses. Lithuania has chosen the presumption of equal shares in joint community property. Courts may depart from equal shares of spouses because of such important circumstances as interests of children, health state of a spouse, and personal income used to increase joint community property. However, courts have never departed from the equal shares principle due to differing contributions by spouses to matrimonial property. Meanwhile, other countries take into account contribution of spouses in order to divide property fairly and to protect the interests of the spouse who has contributed significantly to joint property, if the marriage was brief and the marriage produced no children. The impossibility to depart from equal shares to different contribution of spouses could increase the misuse of the institution of marriage and the unjust division of joint community property when the spouse who has not contributed to joint community property receives an equal share of it.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"13 1","pages":"24 - 50"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43675532","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}
引用次数: 0
The Future of Legal Education: Do Law Schools Have the Right to Be Conservative? 法律教育的未来：法学院有保守的权利吗？
Baltic Journal of Law and Politics Pub Date : 2020-06-01 DOI: 10.2478/bjlp-2020-0008
Aušrinė Pasvenskienė, Paulius Astromskis
{"title":"The Future of Legal Education: Do Law Schools Have the Right to Be Conservative?","authors":"Aušrinė Pasvenskienė, Paulius Astromskis","doi":"10.2478/bjlp-2020-0008","DOIUrl":"https://doi.org/10.2478/bjlp-2020-0008","url":null,"abstract":"Abstract This article explores how emerging technologies should shape legal studies, recognizing that the new technological era requires a new generation of tech-savvy lawyers who possess specific technology-related skills and knowledge. The article builds on analysis of the future of work through the lens of the International Labor Organization Centenary Declaration, followed by an analysis of the right to education, leading to the formation of a theoretical justification of the legal duty to adapt the legal education curriculum to a technology-driven future. This article exposes the existing state of the legal education curriculum with a systematic analysis of the existing Law & Tech master’s programs at leading universities worldwide. This research demonstrates that relatively few (9.8%) leading world universities offer specialized Law & Tech master’s programs. This clear underdevelopment of the Law & Tech curriculum suggests that deeply embedded conservatism in legal education might be violating the rights of future lawyers – the right to work and the right to education, in particular.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"13 1","pages":"191 - 217"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45945485","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}
引用次数: 1
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