Tanel Kerikmäe · Kristi Joamets Jānis Pleps · Anita Rodiņa Tomas Berkmanas · Edita Gruodytė Editors the Law of the Baltic States the Law of the Baltic States
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Tanel Kerikmäe · Kristi Joamets Jānis Pleps · Anita Rodiņa Tomas Berkmanas · Edita Gruodytė Editors The Law of the Baltic States The Law of the Baltic States [email protected] Tanel Kerikma¨e • Kristi Joamets Ja¯nis Pleps • Anita Rodin¸a Tomas Berkmanas • Edita Gruodyte˙ Editors The Law of the Baltic States [email protected] Editors Tanel Kerikma¨e Kristi Joamets Tallinn Law School Tallinn Law School Tallinn University of Technology Tallinn University of Technology Tallinn, Estonia Tallinn, Estonia Ja¯nis Pleps Anita Rodin¸a Faculty of Law Faculty of Law University of Latvia University of Latvia Riga, Latvia Riga, Latvia Tomas Berkmanas Edita Gruodyte˙ Law Faculty Law Faculty Vytautas Magnus University Vytautas Magnus University Kaunas, Lithuania Kaunas, Lithuania ISBN 978-3-319-54477-9 ISBN 978-3-319-54478-6 (eBook) DOI 10.1007/978-3-319-54478-6 Library of Congress Control Number: 2017934084 # Springer International Publishing AG 2017 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer International Publishing AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland [email protected] Preface The current volume is a unique accomplishment from several aspects. To begin with, it is the first international collaboration project of Estonian, Lithuanian and Latvian legal scholars that provides comprehensive analytical overviews of the legal systems in the three countries. Moreover, it is a significant milestone marking the era of already mature states and their legal societies containing descriptions of historical development and explaining the achievements and challenges of lawmak- ing—it is a development story of states that are all having different languages but are sharing a lot in their political, economic and legal dynamics. Baltic states cannot be crucial global players alone, taking into account their population (all together slightly over six million), but they can be a louder voice in international decision-making process as members of the European Union (EU) (all states joined 2004) and other international alliances. The trust of their own citizens and foreign partners, the key for better establishment and stability of all three relatively small states, is the rule of law as the main ground for statehood. This is also a primary soul of the project—the editors believe that there is a need for a systematic overview of legal systems in the Baltic region that has never been offered with sufficient depth. We can assure that the text recites the perceptions of experienced and learned specialists in the field. This voluminous book is not only instructing a reader on domestic legal pecularities but gives also a solid discourse on the positioning of these legal orders to the international and EU legal space. Although the authors are all active in academic sphere, many of them are also related to legal practice both in the public and private sectors, which makes the text simultaneously theoretical and practice oriented, referring to the problematics and details that can be derived only from real life. It is also a doctrinal statement—the leading authors cannot avoid their own understandings and approaches that are, in the end, framing the main concept of the book. This compilation not only is based on legal text but also is using broader perspective in explaining the legal policies, guiding authorities in making crucial choices, tailoring the methodologies and intepretation approaches. We hope that this excellent project is only a first stage in our joint cooperation. The process of writing and editing introduced relevant experts in the field to each other. Already during the drafting of the chapters, several authors from different countries had passionate discussions on how to structure and frame certain branches v [email protected] vi Preface of law, how much to use extra-legal sources, etc. These conversations become a fertile soil for further, more specific joint ventures between legal scholars. The book is a collective effort of Baltic legal scholars to present an adequate scene of legal reality with the assumptions of further developments as the law and legal systems, accordingly, are living and constantly changing. The thrust of the book is that we have to see a holistic picture of the whole legal system to be able to analyse a specific part of it. The volume is also carrying the role of comparing the three states with the purpose of learning from each other and finding the ways of using the best practices in the Baltic region. The book makes reasonable use of relevant legal materials to allow the reader to become familiar with the essential elements of the legislation. The most difficult for the authors, patriots of their legal field, was certainly to be limited with the pages and establish a structure focusing mainly on the core elements of the particular regulation area. The parts of this book are divided by countries involved; however, the length and priorities vary by legal systems. Estonia is stressing its capacity and perspectives as an e-governed society; Latvia points out particularities of building up a modern legal system based on the rule of law, which roots to the constitution passed in 1922 and renewed in full amount after the restoration of independence in 1993; and Lithuania, starting from its rich legal tradition dating back to the three monumental Statutes of the Grand Dutchy, proceeds with the representation of the dynamic and fourth industrial-revolution-ready Lithuanian Rechtsstaat. Tallinn, Estonia Tanel Kerikma¨e [email protected] Contents Part I Estonian Law 1 General Frameworks .................................... 3 Tatjana Evas, Thomas Hoffmann, Kristi Joamets, Tanel Kerikma¨e, Ramon Loik, Katrin Nyman-Metcalf, Aleksandr Popov, and Sandra Sa¨rav 2 Public Law ............................................ 41 Marek Herm, Kristi Joamets, Marko Kairjak, Tanel Kerikma¨e, Helen Kranich, Kaido Künnapas, Ramon Loik, Maret Maripuu, Monika Mikiver, Lehte Roots, and Dmitri Teplo˜hh 3 Private Law ........................................... 101 Edgar Grünberg, Kristi Joamets, Rene Lauk, Priidu Pa¨rna, Margus Poola, and Addi Rull Part II Latvian Law 4 General Frameworks .................................... 151 Arnis Buka, Ire¯na Kucina, Ja¯nis Lazdin¸sˇ, and Daiga Rezevska 5 Public Law ............................................ 191 Ma¯ris Badovskis, Jautrı¯te Briede, Edvı¯ns Danovskis, Kristı¯ne Dupate, Annija Ka¯rklin¸a, Ka¯rlis Ketners, Valentija Liholaja, Anita Rodin¸a, and Kristı¯ne Strada-Rozenberga 6 Private Law ........................................... 277 Linda Damane, Ja¯nis Ka¯rklin¸sˇ, Inese Lı¯bin¸a-Egner, Vadims Mantrovs, Daina Ose, Martins Osis, Ja¯nis Rozenfelds, Kalvis Torga¯ns, and Kristı¯ne Zı¯le Part III Lithuanian Law 7 General Frameworks of Lithuanian Law ..................... 359 Tomas Berkmanas, Marius Jonaitis, Saule˙ Milcˇiuviene˙, Birute˙ Pranevicˇiene˙, Stasys Sˇedbaras, Violeta Vasiliauskiene˙, and Evelina Zˇ urauskaite˙ vii [email protected] viii Contents 8 Lithuanian Public Law ................................... 407 Marius Bartninkas, Mindaugas Bilius, Paulius Cˇ erka, Tomas Davulis, Edita Gruodyte˙, Ausˇra Kargaudiene˙, Linas Mesˇkys, Dainius Raižys, and Tomas Versˇinskas 9 Lithuanian Private Law .................................. 471 Paulius Astromskis, Jurgita Grigiene˙, Julija Kirsˇiene˙, Ausˇrine˙ Pasvenskiene˙, Evaldas Rapolas, Siuzana Sˇcˇerbina-Dalibagiene˙, Jurgita Spaicˇiene˙, and Vigintas Visˇinskis [email protected] Contributors Paulius Astromskis Faculty of Law, Vytautas Magnus University, Kaunas, Lithuania Viliusˇis & Astromskis Law Firm, Kaunas, Lithuania Ma¯ris Badovskis Labour Relations and Labour Protection Policy Department, Ministry of Welfare, Riga, Latvia Marius Bartninkas Faculty of Law, Vytautas Magnus University, Kaunas, Lithuania Ke˙dainiai District Court of the Republic of Lithuania, Kaunas, Lithuania Tomas Berkmanas Faculty of Law, Vytautas Magnus University, Kaunas, Lithuania Mindaugas Bilius Faculty of Law, Vytautas Magnus University, Kaunas, Lithuania Jautrı¯te Briede Law Faculty, University of Latvia, Riga, Latvia Arnis Buka Faculty of Law, University of Latvia, Riga, Latvia Paulius Cˇ erka Cˇ erka & Partneriai Advocates Bureau, Kaunas, Lithuania