ISSN / EISSN: 13921274 / 13921274
Published by: Vilnius University Press
Total articles ≅ 815
Latest articles in this journal
Teisė, Volume 125, pp 72-85; https://doi.org/10.15388/teise.2022.125.4
This paper examines the concept and regulation of some of the latest research in the field of fertility – preimplantation genetic diagnosis – in Lithuania, Poland, the Baltic States, and the Nordic countries. Preimplantation genetic diagnosis raises many legal and ethical questions regarding the protection of embryos, manipulation of the human genome, selection by sex, and the relation of this diagnosis to other similar studies. International legislation or guidelines define genetic testing, including pre-implantation genetic diagnosis, quite broadly, due to the scope of regulation and nuances, leaving the right to decide to the discretion of each state. National regulation of preimplantation genetic diagnosis should be specific, clearly defining cases in which preimplantation genetic diagnosis is applied.
Teisė, Volume 125, pp 114-130; https://doi.org/10.15388/teise.2022.125.7
This paper analyzes the regulation of the object of the right to property in Lithuania and related issues. The first part of the article analyzes the concept of the object of civil property law, revealing a different understanding of the object of property law in the doctrines of property law and in the legal systems of foreign countries. The second part of this paper provides a detailed account of the regulation of the object of civil property law in Lithuania, distinguishes and elaborates the criteria according to which an object is recognized as an object in the legal sense, and articulates the features according to which intangible objects should be classified as “other property” and considered as objects of property law.
Teisė, Volume 125, pp 27-55; https://doi.org/10.15388/teise.2022.125.2
This paper examines the relationship between internal market freedoms and fundamental rights protection in the European Union law. It analyzes the jurisprudence of the Court of Justice of the European Union developed before the Lisbon Treaty and changes predetermined by the entry into force of the Charter of Fundamental Rights of the European Union.
Teisė, Volume 125, pp 145-160; https://doi.org/10.15388/teise.2022.125.9
By analyzing various sources of law, this paper provides an assessment of the method of automated administrative order that is used in Lithuania, its potential problematic risks, determined due to the chosen legal regulation, as well as the European vision of integrating technology in the implementation of the public functions of the state. After evaluating the provisions of both national law and European Union law, a proposal regarding how to improve the chosen method of incorporating algorithms into the process of adopting certain administrative orders is made.
Teisė, Volume 125, pp 56-71; https://doi.org/10.15388/teise.2022.125.3
This paper reviews the origin of the EU consumer protection paradigm, its development in legal doctrine and the CJEU jurisprudence, as well as the impact left on it by the insights from vulnerable consumer theory and behavioural economics discussed in the legal doctrine. The authors search for an answer whether certain social and economic challenges can be addressed within the current framework of the EU Consumer law (i.e., the Unfair Contract Terms Directive).
Teisė, Volume 125, pp 8-26; https://doi.org/10.15388/teise.2022.125.1
This paper examines issues related to the significance of the concept of constitutional identity, which has emerged in the jurisprudence of the Lithuanian Constitutional Court, and its impact on ensuring European Union law in Lithuania. This concept, which also unites the principle of geopolitical orientation, of which membership in the European Union is an integral part, should contribute to guarantee a balance between the legal systems, which is also significant for ensuring EU law in Lithuania.
Teisė, Volume 125, pp 131-144; https://doi.org/10.15388/teise.2022.125.8
This paper deals with civil aviation, which is highly international. Therefore, harmonization of regulation in this area on a global scale is inevitable, which means that aviation law requires an integrated approach. However, only slightly over half of the countries fully comply with the standards issued by the International Civil Aviation Organization for basic international aviation regulation, which poses a serious threat to aviation safety and security. In this respect, the integrative nature of the European Union offers us to look at the Union’s activities in the context of aviation regulation. The aim of this paper is to investigate the impact that the harmonization of civil aviation safety and security regulations in the EU has on the development of global aviation regulations. The paper provides a more detailed analysis of the beginning and further integration of the EU’s internal aviation market and the formation of the Union’s external policy in this area, which has played a key role in harmonizing the legal framework for aviation safety and security. The study revealed the preconditions for the harmonization of aviation safety and security rules in the European Union highlighted the essential features of this process and its impact on the convergence of aviation regulation on a wider scale (beyond the EU).
Teisė, Volume 125, pp 161-174; https://doi.org/10.15388/teise.2022.125.10
The institute of evidence is an integral part of achieving the objectives of civil proceedings, and only through it can effective civil protection be ensured in the courts. Within the framework of this paper, the concept and essence of evidence, as well as the general rules of proof in Latvia in the period from 1918 to 1940, are studied.
Teisė, Volume 125, pp 100-113; https://doi.org/10.15388/teise.2022.125.6
This paper analyzes originalism, which is considered to be the opposing constitutional theory to “living” constitutionalism, and presents and evaluates the main arguments of originalism and its approach on how the constitution should be interpreted, including the shortcomings of this constitutional theory. In the author’s opinion, it is important to start developing constitutional theories that would be considered more suitable in the context of the European tradition of statutory law. The paper does not search for possibilities of using originalism to interpret the Constitution of the Republic of Lithuania, which is considered to be a fundamental error.
Teisė, Volume 125, pp 86-99; https://doi.org/10.15388/teise.2022.125.5
This paper discloses cases in which permanent differences between the legal regulation of financial accounting and corporate income tax arise, while revealing the significance of these differences in the fulfillment of a tax liability (corporate income tax)