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Problems of Identification of Public Interest in Lithuanian Law: Criteria and Priorities

The Project is based on an assumption, that a more definite (more precise and comprehensive) determination of the public interest in Lithuanian law is both needed and possible. This determination may be reached by formulating conceptional guidelines of identification of the public interest. For the determination thereof the researches of the Project intend to analyse the topic of public interest in two directions: direction of criteria (elements, features, making it possible to identify public interest) and direction of priorities (arguments, determining the submission of priority to the public interest).

Such option of directions was conditioned by the fact that Lithuanian researchers limit themselves by the statement that criteria of the identification of public interest contain value nature, are insufficient to determine the public interest in a particular case (in the new circumstances) therefore these criteria are not further analysed. As well, case law of Lithuanian courts fails to analyse in consistence the arguments determining the submission of priority to public interest. Thus, the main attention of the research will be paid to the analysis of the case law of Lithuanian courts in the considered field, besides the research literature, legal regulation and review of best practices of foreign countries. Moreover, seeking to clear out the public attitudes towards the public interest a sociological survey is intended to be carried out and also a survey of judges and prosecutors.

Since the public interest is not only a legal category, the case law will be analysed in an interdisciplinary way, using legal, economic, political sciences‘ perspectives, invoking not only legal professionals, but as well scientists and researchers of economics, political sciences and sociology. The outcomes of the research are planned to be published in research publications and in a monograph.

 

Duration: 2013.04.01 – 2015.09.30.

Researchers: Lina Beliūnienė, Rita Matulionytė, Eglė Kavoliūnaitė – Ragauskienė, Egidijus Krivka, Simonas Nikartas, Mindaugas Lankauskas, Milda Burnytė.

 

Project is financed by the Research Council of Lithuania (agreement No. MIP-019/2013).