Volume 7 (2014): Issue 2 (December 2014)

The article presents basic findings about courts of honor in Lithuania. The data about disciplinary violations in five legal professions-judges, lawyers, prosecutors, notaries, and bailiffs-was obtained while implementing a scientific project on certain issues of legal ethics. The article provides data on the following issues: subjects initiating disciplinary cases; the number of cases for each legal profession; decisions taken in cases of disciplinary violations; categories of disciplinary violations; sanctions provided. The article is intended to initiate further discussion about these matters among scientists, practitioners, and the general public, not just in Lithuania but in other countries as well.

For a long time post-Soviet space has been perceived as homophobic and intolerant of LGBT persons. The three Baltic States - Lithuania, Latvia and Estonia - as former Soviet republics and current members of the European Union, represent the space where a strong homophobic post-Soviet atmosphere competes with pro-LGBT Western influence. This article examines how the first LGBT Pride Parade (which occurred in Vilnius in 2010) is reflected in Lithuanian media portals. The article also presents the broader context of LGBT issues by reviewing legal changes and Lithuanian political parties’ programs. Our analysis of the media and other sources is based on three arguments: 1) that the LGBT pride parade in Vilnius became the most important event for reflecting LGBT issues in the media and society; 2) it might have not been possible without support and influence from external institutions; and 3) the LGBT parade revealed the division of two competing normative trajectories in Lithuania. The reconstructed trajectories in the article are based on the theoretical framework of new institutionalism, media analysis, interviews and focus groups. Construction of the LGBT campaign and counter-campaign seem delimited rather than approaching them as value normative consensus. However, the way in which LGBT persons are reflected within the Lithuanian media is remarkably different in comparison with the early post-Soviet period. The Baltic gay pride parade “for equality” and external (Western) support for it were highly visible in the media, influenced a significant debate on the topic not otherwise experienced in Lithuania, and (re)introduced a question about the perception of ‘normality’ within society. These debates also raise the question of how norms and institutions change and adapt within society.

Since Lithuania’s independence in 1991, sixteen banks in the country have gone bankrupt. From 2011 to 2013 two banks-the fifth and sixth largest banks in the country- went bankrupt and three credit unions collapsed. One more credit union collapsed in 2014. One of the questions not yet posed in the context of this crisis of financial institutions in Lithuania is the question: “Where were the lawyers?” This article focuses on a comparative analysis of the regulation and practice of the legal profession in considering whether and how outside and inside bank and corporate lawyers can be effective gatekeepers, foreseeing, preventing, and mitigating such collapses. This comparative research concludes with propositions for changing legal profession regulations as well as lawyers’ and corporate officers’ education.

The main aim of the article is to contribute to the bourgeoning debate on semipresidentialism, its definition, and its characteristic features, with analysis of the empirical example of the Czech Republic, a country which, according to Elgie´s standard definition, shifted to semi-presidentialism in 2012. The author investigates whether and how Miloš Zeman, the first directly elected president of the Czech Republic, influences relations among the key political institutions in the direction of the model of a semi-presidential democracy. The paper sets out the working concept of semi-presidentialism first and, through the lenses of process tracing, analyses the goals and acts of Zeman after he entered office in January 2013. The case study of the Czech Republic sheds light not only on the recent development(s) in the Czech political system, but it can be seen as an interesting example of how strong political personalities are attempting to expand their influence on politics in a parliamentary democracy and what the possible limits of this effort are.

The article explores the possibility of comprehending natural law, together with an alternative to the Schmittean political, through an inquiry into the layers of professional philosophy with a special focus on epistemology and analytic philosophy. The starting point of the research is the controversy surrounding the ideas of Carl Schmitt, in which it is unclear what lies at the origin of law and the political - sovereign decision or the situation (Part I)? The latter possibility directs the inquiry to the conceptual field related to natural law and epistemology. Proceeding via both diachronic and synchronic perspectives, the inquiry further analyses what has happened to natural law in modernity, and what its current status is, theorizing both streams of inquiry under the concept of political exile (Part II). The Schmittean political happens to be very much at home in this context, opening up the coherent ideological framework that may be called modern political ontology, which at first appears to camouflage Schmittean antagonistic political praxis (Part III). However, through inquiry into ideas mostly attributable to analytic philosophy (or philosophy of language), this ontology is also shown to function as an ‘anti-onto’-logy - that is, as a direct (i.e. open, not hidden) ideological basis for modern political praxis. The analysis here also discloses the rivalry inside professional philosophy in relation to ‘anti-onto’-logy, the latter finding its disciplinary origin(s) in language itself. It shows that at the level of professional philosophy there is a general trend that could be helpful in the attempt to revive natural law (Part IV).

Despite the applicable general principles and essential standards provided for in the law, the right of vulnerable persons (i.e. children under 18 years of age and vulnerable adults, for example, adults with mental disabilities) to a fair hearing at different stages of criminal proceedings in the EU is not yet ensured to the full extent. Based on both EU and Lithuanian legal regulation, this article will review only the principal provisions concerning the allocation of victims, suspects, and accused persons to the category of “vulnerable persons”. Due to the scope of the article, the vulnerability identification procedure falls outside this research.

EU and national legislation suggest that early identification of vulnerability allows for the provision of specific protection measures during criminal proceedings. Analysis of EU and Lithuanian normative acts suggests that minor victims are a priori considered vulnerable and specific protection measures must apply in their case. Meanwhile, the vulnerability of adult victims and their specific protection needs are not assessed at any stage of the proceedings in Lithuania, although the Code of Criminal Procedure provides for certain specific protection measures for victims who, due to a public hearing or questioning, may be subject to “psychological trauma or other serious consequences”. Given future EU requirements concerning suspected or accused children and current recommendations concerning the consideration of suspected or accused adults as vulnerable participants of the proceedings, Lithuanian legal regulations in this area must be improved.

This article discusses the continuous substitution of traditional mutual conflicts and historical grievances between Slovakia and Hungary that has created fertile ground for nationalists on both sides. Currently, we witness the rise of anti-Roma positions and negativism oriented toward this particular group of the population in Slovakia and Hungary. For this reason, we track the sources of new nationalism associated with the hatred of the Roma population. This can be demonstrated by a variety of political incentives and measuring extremism as a tool of acquiring and maintaining political power. The aim of the article is to investigate the extent and reasons of the new social and political dimensions of Slovak and Hungarian nationalism. We assume that the traditional form of bilateral nationalism based on historical, political and social tensions between Slovakia and Hungary is being transformed by the ethnic nationalism against the Roma minority in Central Europe. To support our argumentation, we use the qualitative data from in-depth interviews with young respondents from two contrasting research field sites in Slovakia from EC research project MYPLACE (Memory, Youth, Political Legacy and Civic Engagement).

This article analyzes the purpose of the action for failure to act under article 265 of the Treaty on the Functioning of the European Union (TFEU). The statements are derived from the analysis of scientific literature, relevant legislation, practice of the European Union Court of Justice (CJEU) and the European Union General Court (EUGC). Useful information has also been obtained from the opinions of general advocates of the CJEU. The article of TFEU 265, which governs the action for failure to act, is very abstract. For this reason, a whole procedure under the article 265 TFEU was developed by the EU courts. The original purpose of the action for failure to act was to constitute whether European Union (EU) institution properly fulfilled its obligations under the EU legislation. However, in the course of case-law, a mere EU institution’s express refusal to fulfill its duties became sufficient to constitute that the EU institution acted and therefore action for failure to act became devoid of purpose. This article analyzes whether the action for failure to act has lost its purpose and become an ineffective legal remedy in the system of judicial review in the EU. Additionally, the action for failure to act is compared to similar national actions.