Use this url to cite researcher: https://hdl.handle.net/20.500.12259/152861
Mokslų daktarė (2006 m.) / Doctor of Sciences
Docentė (2016 m.) / Associate Professor
Now showing 1 - 10 of 42
Data in legal philosophy and practice: contemporary conceptual and regulatory developmentsPublication[Duomenys teisės filosofijoje ir praktikoje: šiuolaikiniai sampratos ir reguliavimo pokyčiai]This article analyzes the recent evolution of the concept and regulation of data as an integral attribute of the digital age. At the conceptual level, two extreme approaches are in focus. First, the so-called dataism approach, characterized by a speculative but also often radical and shocking holism. The other approach is dominated by an equally radical, inert, and problematic skepticism. This paper proposes an alternative philosophical position towards data (as a phenomenon), analogous to sociological jurisprudence or legal realism in the philosophy of law. Various relevant aspects are analyzed at the regulatory level, ranging from attempts to define ‘data’ in legislation to possible tectonic breaks in the paradigm of copyright and sui generis rights. In this context, it is highlighted that the protection of the property rights of data holders, which has been the subject of a narrow academic debate, even though data have a growing economic value and are increasingly important for economic growth and prosperity. This paper calls for a more balanced approach to data while also balancing the interests of data holders, data users, and society. This may also require some significant changes in the regulation of copyright and sui generis rights, in which data are only subject to copyright and sui generis protection in very limited cases. (Translated with www.DeepL.com/Translator, free version). 7 ES finansinio intereso ir teisės principų sąveika ES baudžiamojoje teisėjePublication[Interaction of EU financial interest and legal principles in EU criminal law]Šiame straipsnyje nagrinėjama Europos Sąjungos finansinių interesų apsaugos efektyvumo ir teisės viršenybės principo bei teisėtumo ir teisės nuspėjamumo takoskyra ES baudžiamojoje teisėje. Autorės analizuoja Teisingumo Teismo jurispru-denciją vertinant atvejus, kai, siekiant užtikrinti veiksmingą Europos Sąjungos finansinių interesų apsaugą, taikomas ES teisės viršenybės principas ir ESTT nacionaliniams teismams imperatyviai nurodo šio principo taikymo išimtis. Siekiant nustatyti efektyvumo ir teisės nuspėjamumo principų pusiausvyrą, vertinamos skirtingos atsakomybės sąlygos fiziniam asmeniui ir valstybei narei, nevykdančiai pareigos užtikrinti ES finansinių interesų apsaugą. 39
- 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.
25Scopus© SNIP 0.277
- The meaning of the general principles of EU law has been broadly developed by the Court of Justice of the European Union; however, for many years it had only limited competence in deciding criminal cases. The principle of direct effect is important for ensuring the efficient functioning of EU law. The aim of this research is to find out if and how this principle affects criminal justice. To reach this objective, the researchers examine how the substance and content of the principle, through the doctrine and the judgments of Court of Justice of the European Union, can influence national criminal law and criminal procedure. Afterwards, the actual impact of EU law on national criminal law is evaluated, taking Lithuania as an example. The analysis reveals that direct application of directives in material criminal law is highly unlikely, while in criminal procedural, law such a possibility is real if EU norms are clear, unconditional, and precise.
31Scopus© SNIP 0.047 “Judicial authority” within the meaning of the framework decision on the european arrest warrantPublicationconference paperСучасні проблеми правового, економічного та соціального розвитку держави : Тези VIII Міжнародної науково-практичної конференції, Харків, 27 листоп. 2020 р. : тези доповідей. Харків: Харківський національний університет внутрішніх справ, 2020, p. 57-58 8 Net-metering compared to battery-based electricity storage in a single-case PV application study considering the Lithuanian contextPublicationFurther increases in the number of photovoltaic installations in industry and residential buildings will require technologically and economically flexible energy storage solutions. Some countries utilize net-metering strategies, which use national networks as “virtual batteries.” Despite the financial attractiveness, net-metering faces many technological and economical challenges. It could also lead to the negative tendencies in prosumer behavior, such as a decrease in motivation for the self-consumption of photovoltaic (PV)-generated electricity. Batteries, which are installed on the prosumer’s premises, could be a solution in a particular case. However, the price for battery-based storage solutions is currently sufficiently unattractive for the average prosumer. This paper aimed to present a comparison of the economic and energy related aspects between net-metering and batteries for a single case study by considering the Lithuanian context. The net present value, degree of self-sufficiency, internal rate of return, payback time, and quantified reduction of carbon emission were calculated using a specially developed Prosumer solution simulation tool (Version 1.1, Delloite, Madrid, Spain) for both the PV and net-metering and PV and batteries cases. The received results highlight that the battery-based energy storage systems are currently not an attractive alternative in terms of price where net-metering is available; a rather radical decrease in the installation price for batteries is required. 30 65Scopus© Citations 7WOS© Citations 8WOS© IF 3.004WOS© AIF 7.341Scopus© SNIP 1.161
- In recent years, the use of photovoltaic-based distributed electricity generation has played a key role in achieving climate and energy policy goals. The energy market is changing rapidly from centralized generation towards unbundling generation, transmission, distribution, and supply activities. As energy consumers also become producers, a new energy market player—the prosumer—is emerging. The role of the prosumer as a market player can be analyzed in terms of implemented technological solutions, economic assessment, environmental impact, and legal regulation requirements. The aim of this article is to investigate the importance and compatibility of energy prosumers with energy justice theory in the context of European Union (EU) law. The authors concluded first that an energy prosumer will help to meet energy justice goals only if government ensures support for generation facilities for low-income consumers, as only then can intrageneration equity be achieved. Second, seeking to ensure equality among places with different energy sources, the government should promote the development of generation facilities using different renewable energy sources. Third, the short-term electricity market, which may allow energy prosumers to participate, should be developed.
51 108Scopus© Citations 8WOS© Citations 26WOS© IF 2.576WOS© AIF 4.525Scopus© SNIP 1.165 The influence of the Court of Justice of the European Union on the issuance of European arrest warrants in LithuaniaPublicationThe European arrest warrant system is one of the greatest achievements in the development of cooperation in judicial matters among EU Member States. However, its implementation has raised many questions, resulting in referrals by national courts to the Court of Justice of the European Union (CJEU) for preliminary rulings. This article analyses the impact of the CJEU’s preliminary rulings on Lithuanian law concerning European arrest warrants. Specifically, the focus of the paper is institutional configuration and corresponding regulation in this field because/after the CJEU decided that (1) the Ministry of Justice cannot be considered a judicial authority because as part of the executive branch it cannot guarantee the protection of the parties’ fundamental rights; (2) however, the Prosecutor General of Lithuania can be considered a judicial authority because it participates in the administration of criminal justice and is independent of executive governance, and because its decisions to issue European arrest warrants are subject to judicial review. 28 30Scopus© Citations 1Scopus© SNIP 0.535 Anonymization of court decisions in the EU : actual and comparative issuesPublication[Teismų sprendimų nuasmeninimas ES: aktualūs ir lyginamieji aspektai]As the Charter of Fundamental Rights establishes the right to data protection as a separate right for privacy, the Regulation on Data Protection aims mainly at finding balance between the right to data protection and freedom of expressions. Also, it aims at creating the uniform legal environment of data protection in all Member States. The Regulation on Data Protection is applicable to the judicial authority, however with certain exceptions. The Regulation on Data Protection remains silent on the requirement to anonymize courts decisions. However, the Regulation on Data Protection give the single definition of personal data for all EU, and we assume that it can standardize the data which is anonymized in court decisions. The aim of the article is to analyze the impact of the EU Regulation on Data Protection to the rules on anonymization of court decisions in Lithuania. The research led us to the conclusion that in Lithuania the existing regulation on the anonymization of the decisions of courts does not reach its aim. Lithuanian rules on anonymization of courts decisions require anonymizing all courts decisions by default. This requirement shows that Lithuania gives the highest priority to the protection of privacy but not the freedom of expression. However, the aim of the anonymization is not reached while the Lithuanian rule requires anonymizing the exhaustive list of personal data, which includes not all data by which directly or indirectly the person can be identified. 486 213