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In the latest publications – analyses of different Lithuanian courts' practices

The December 2024 issue of the Baltic Journal of Law and Politics, published by Vytautas Magnus University, features four articles authored by researchers from the Law Institute of the Lithuanian Centre for Social Sciences (LCSS). One of them, "The Self-Restrained Positive Legislator: Assessing the Constitutional Review of Legislative Omissions in Lithuania", was co-authored by Dr. Dovilė Pūraitė-Andrikienė and her colleague Andrius Valuta. Another article, "Psychological Violence at Work: Problems in Applying the Law in Lithuania", was written by PhD candidate and junior researcher Aistė Leščinskaitė.

In their publication, Dr. Dovilė Pūraitė-Andrikienė and Andrius Valuta discuss the position of the Constitutional Court of Lithuania in addressing cases of legislative omission. The authors pay particular attention to the Court's efforts to maintain a balance between respecting the autonomy of legislative bodies and ensuring the supremacy of the Constitution. In order to achieve this, they examine the extent to which the Constitutional Court adheres to the principle of self-restraint, ensuring that its interventions do not unjustifiably encroach on the prerogatives of the legislative institutions.

The researchers conducted their study by pursuing the following three objectives: 1) To reveal the concept and typology of legislative omission in comparative constitutional law and to examine trends in its research (including statistical data) across European countries; 2) To analyze the official constitutional doctrine formulated by the Constitutional Court of Lithuania regarding the concept of legislative omission and the scope of the Court’s powers to review such omissions; 3) To investigate the practice of the Constitutional Court of Lithuania in addressing issues of legislative omission using quantitative data.

In her article, Aistė Leščinskaitė, a junior researcher at the LCSS Law Institute, discusses the recently introduced concept of psychological violence in the Lithuanian Labour Code (as of July 28, 2022) and presents an analysis of court practice on this issue. According to the researcher, the established definition of psychological violence is quite controversial and overly abstract. To prevent its misinterpretation, she emphasizes the need for detailed criteria.

Aistė Leščinskaitė analyzes the relatively recent but already valuable case law on psychological violence in the workplace. She pays particular attention to the most significant rulings that have had the greatest impact on discussions surrounding this issue. In her publication, the researcher systematically reviews key court decisions, examines their consequences, and evaluates how these rulings have contributed to the development of a consistent judicial practice.

 

The full article by Dr. Dovilė Pūraitė-Andrikienė and Andrius Valuta in English is available at –Pūraitė-Andrikienė, D. and Valuta A. (2024). The Self-Restrained Positive Legislator: Assessing the Constitutional Review of Legislative Omissions in Lithuania. Baltic Journal of Law & Politics, 17(2), 43–60. https://doi.org/10.2478/bjlp-2024-00014

The full article by PhD candidate Aistė Leščinskaitė in English is available at – Leščinskaitė A. (2024). Psychological Violence at Work: Problems in Applying the Law in Lithuania. Baltic Journal of Law & Politics, 17(2), 228–240. https://doi.org/10.2478/bjlp-2024-00023

 

Representative image by Tingey Injury Law Firm (unsplash.com).