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THE FUTURE DECADE of the EU LAW. 8Th International Conference of Phd Students and Young Researchers / Conference Papers

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THE FUTURE DECADE of the EU LAW. 8Th International Conference of Phd Students and Young Researchers / Conference Papers 8th International Conference of PhD Students and Young Researchers THE FUTURE DECADE OFI8th International THE Conference EU ofLAW PhD Students and Young Researchers CONFERENCE PAPERS THE FUTURE DECADE OF THE EU LAW CONFERENCE PAPERS VILNIUS UNIVERSITY PRESS DOI: https://doi.org/10.15388/OS.LAW.2020 FOREWORD BY THE ORGANISERS e are delighted to present you already the eight edition of international conference papers Wof the PhD students and young researchers. This year the international conference has been devoted to the topic “The Future Decade of the EU Law“. The shift in the landscape of the EU is evident during the past decade. The spread of technology has unlocked opportunities for future development, milestones were reached in the sphere of data protection and the free flow of the digital single market. However, many of the achievements were followed by challenges some of which were tackled, yet others remain. For example, among the pri- orities of the European Commission there are the aims of building a more integrated energy union, developing a balanced and progressive trade policy to harness globalisation, and strengthening the EU’s position as a global actor. The EU and its Member States made significant achievements and faced challenges, in the context of which one may find it difficult to resist the question as to whether the EU is at a crossroads and what lies ahead. Participants of the International Conference of PhD Students and Young Researchers discussed both the developments of EU law during the past decade and the prospects of the Union in the future. Year 2020 will go into history as the year, during which Covid-19 virus pandemic spread throughout the world and many events and meetings had to cancelled or had to be moved to online version. We are happy that our members managed to organize international conference virtually and made it possible for the doctoral students or young researchers to participate in the event and present their ideas in such a way. Diversity of topics and number of papers shows that in 2014 established International Network of Doctoral Studies in Law by Vilnius University Faculty of Law, Frankfurt am Main J.W. Goethe Univer- sity Faculty of Law, Paris Nanterre University Faculty of Law and Lodz University Faculty of Law and Administration already created an international platform to develop academic and scientific activities, to enhance quality of doctoral studies in law and to help the interchange of information and ideas among PhD students and professors. INFORMATION ABOUT THE CONFERENCE: Virtual Conference Date: 8-9 MAY, 2020 SCIENTIFIC COMMITTEE OF THE CONFERENCE: Prof. Dr. Tomas Davulis, Faculty of Law, Vilnius University Prof.Dr. Eric Millard, Paris Nanterre University Prof. Dr. Monika Namyslowska, Faculty of Law and Administration, Lodz University Assoc. Prof. Dr. Vigita Vėbraitė, Faculty of Law, Vilnius University Dr. Izabela Skomerka-Muchowska, Lodz University All submitted papers have been double blind reviewed. Conference papers were compiled by Ieva Marija Ragaišytė (Vilnius University), Goda Strikaitė-Latušinskaja (Vilnius University), Miranda Borusevičiūtė (Vilnius University), Eimantas Kadys (Vilnius University) Leidinio bibliografinė informacija pateikiama Lietuvos nacionalinės Martyno Mažvydo bibliotekos Nacionalinės bibliografijos duomenų banke (NBDB) ISBN 978-609-07-0573-5 © Vilnius university, 2020 TABLE OF CONTENTS FOREWORD BY THE ORGANISERS ..........................................................................3 PROTECTION OF MINORITY SHAREHOLDERS’ RIGHTS IN GROUP OF COMPANIES: LITHUANIA AND EU COMPANY LAW PERSPECTIVES .......................................................................7 Bakanauskas, Edvinas LEGISLATIVE PRINCIPLES OF INFORMATION SECURITY PROVISION IN THE EUROPEAN UNION MEMBER STATES ..............................................................................................................18 Bratsuk, Ivan, Kavin, Svyatoslav FREE MOVEMENT OF DATA IN THE EUROPEAN UNION: OPPORTUNITY OR BIG CHALLENGE IN A USE OF ARTIFICIAL INTELLIGENCE? .......................................................................................29 Breskienė, Ineta NATIONAL IDENTITY AS A PATH TOWARDS THE COMPATIBILITY OF THE OPPOSITE STANDPOINTS ...............................................................................................................................40 Griciūnas, Paulius THE DEFINTIONS OF INFORMATION AND SECURITY; HISTORY OF INFORMATION SECURITY DEVELOPMENT .............................................................................................................................48 Ibrahimova, Aytakin Nazim ROMAN PRINCIPLES – FOUNDATIONS OF THE EUROPEAN LEGAL CULTURE AND THEIR POSITION IN THE CHANGING WORLD ..........................................................................................58 Ivančík, Ján STRATEGIC LENIENCY: INSIGHTS FROM GAME THEORY AND EMPIRICAL EVIDENCE ...................68 Jablonskis, Martynas UPCOMING LEGAL CHALLENGES FOR CROSS-BORDER EHEALTH SERVICES IN THE EU ................86 Janeckaitė, Rūta DOES THE EU HAVE A SUBSTITUTE FOR A CONSTITUTION? THE RULE OF LAW AND COMMON IDENTITY .....................................................................................................................98 Kolczyńska, Magdalena THE PHENOMENON OF MEDIEVAL IUS COMMUNE: THE PAST OF EUROPE’S LEGAL FUTURE? ..108 Lukošius, Tadas 6 TABLE OF CONTENTS COMBATING DISCRIMINATION THROUGH BIG DATA – FUTURE OF EQUALITY? .........................120 Máčaj, Adam, Sakolciová, Sandra CAPTAIN AMERICA PROTECTING DIGITAL RIGHTS: “OLD SCHOOL” NATIONAL LAW vs. EMERGING INTERNET COMPLEXITIES IN AZERBAIJAN ...............................................................132 Mammadrzali, Shahin BREXIT: LESSONS LEARNED, STATUS QUO AND WAY AHEAD ......................................................146 Okinčic, Sebastjan SUSTAINABILITY: EXTENDING THE VIRTUE OF PERSONAL DATA LEGISLATION TO GOODS AND PRODUCTS ..........................................................................................................................156 Philippe, Eva CAUGHT IN THE GREY AREA BETWEEN EUROPEAN ECONOMIC COMMUNITY AND EUROPEAN FEDERATION? ..........................................................................................................169 Podhalicz, Mateusz INFORMATION CREATIVITY AS A RIGHT IN THE NEW SOCIETY ...................................................180 Rzayeva, Gulnaz Aydin THE SCOPE OF CRIMINAL LIABILITY FOR MISAPPROPRIATION OF AUTHORSHIP IN EU COUNTRIES: COMPARATIVE ANALYSIS .......................................................................................192 Steponavičiūtė, Ramunė ONLINE DISPUTE RESOLUTION: QUO VADIS, EUROPE? ..............................................................218 Strikaitė, Goda THE EU LEGISLATION ON THE SUPERVISION OF ACTIVITIES OF ECONOMIC OPERATORS: SUBSTANCE OF PROCEDURAL RIGHTS AND IMPACT ON LITHUANIAN LAW ...............................227 Šilvaitė, Eimantė FUTURE OF THE STATE – WELFARE STATE? LITHUANIA’S PATH ...................................................239 Taminskaitė, Gabrielė THE POSSIBILITY OF USING REPRESENTATIVE ACTIONS TO PURSUE CLAIMS RESULTING FROM THE DIESELGATE SCANDAL – THE FUTURE OF REDRESS FOR INFRINGEMENTS OF COLLECTIVE CONSUMER INTERESTS...........................................................................................252 Urbanek, Anna DOI: https://doi.org/10.15388/OS.LAW.2020.1 BAKANAUSKAS, EDVINAS 7 PROTECTION OF MINORITY SHAREHOLDERS’ RIGHTS IN GROUP OF COMPANIES: LITHUANIA AND EU COMPANY LAW PERSPECTIVES Edvinas Bakanauskas1 Abstract. Just as in the entire European Union, in Lithuania company groups are an integral part of the modern business world. It is the companies that are part of company groups are leading both in Lithuania and in the European Union in terms of a number of economic indicators: revenues, number of employees, amounts of taxes paid and other contributions. Despite being an integral part of modern business, regulation of company groups has not yet attracted sufficient attention both at the European Union or the national level. Such absence of a consistent regulation may lead to or cause,inter alia, infringements of rights of minority shareholders. Accordingly, the purpose of the present article is to assess whether the effective Lithuanian or European Union regulation is sufficient to protect minority shareholders’ rights in group of companies. Keywords: protection of minority shareholders’ rights, group of companies. INTRODUCTION In Lithuania, as in other European Union (hereinafter – EU) countries, groups of companies are an integral part of the modern economy. It is the companies belonging to the groups of companies that are leading ones in Lithuania in terms of various economic indicators: revenue2, number of employees3, amount of taxes and other contributions paid4. Meanwhile in Europe, the largest companies also belong to groups of companies5. It may then seem, that much attention should be paid at both EU and national level to the proper regulation of groups of companies, including the protection of the rights of minority shareholders in groups of companies. Nevertheless, despite the fact that groups of companies are an integral part of the modern economy, to date there is no special regulation of groups 1 PhD candidate in Law, Vilnius University of Faculty of Law Department of Private Law, with a dissertation on Protection of Minority Shareholders’ Rights in Group of Companies. E-mail [email protected], ORCID i-D: 0000-0002-5669-0974.
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