Law Review / Teisės apžvalga

The impact of Ukraine's EU candidacy on the legal framework of EU enlargement

2025-11-09T22:06:38+02:00

This article explores how Ukraine’s candidacy for European Union (EU) membership has catalyzed significant institutional, procedural, and strategic innovations within the EU's enlargement policy. Traditionally characterized by legal rigidity and technocratic sequencing, the EU’s approach to enlargement has undergone a transformation due to the geopolitical urgency posed by Russia’s aggression against Ukraine. Through an analysis of key developments—such as the two-phase signing of the Association Agreement, the unprecedented acceleration of candidate status, early screening procedures, and the application of the revised enlargement methodology—this study demonstrates how the EU has adopted a more flexible, politically responsive model. It also examines the role of pre-accession integration and staged membership as tools for embedding Ukraine into EU structures before full accession. Ukraine's unique case has not only tested the resilience of EU institutions but has also redefined enlargement as a strategic instrument of foreign policy rather than a purely administrative process. The findings underscore that Ukraine is both a subject of enlargement and a driver of EU transformation, offering a blueprint for future candidate countries navigating complex geopolitical environments.

Lithuania between borders and business: legal reflections on investment and migration (2019-2024)

2025-11-09T22:18:56+02:00

Between 2019 and 2024, Lithuania underwent a significant transformation in both its economic and legal systems, evolving into a prominent destination for foreign direct investment (FDI) and a strategic entry point for migrants within the European Union. This article critically examines the legal, institutional, and demographic changes that supported Lithuania’s emergence as a Baltic innovation hub. It focuses on the rapid expansion of the startup ecosystem, which reached a valuation of €16 billion by 2024, driven by legal reforms, investor-friendly policies, and support from EU digital initiatives. In parallel, Lithuania experienced a marked increase in migration flows, with growing numbers of labor migrants, students, humanitarian entrants, and business investors arriving from Ukraine, Belarus, India, and beyond. The article further explores the legal challenges associated with investment-based residence permits and assesses Lithuania’s compliance with European standards on migration, fundamental rights, and equal treatment. Using data from national institutions, European directives, and comparative legal analysis, the study offers a nuanced view of how Lithuania balances national sovereignty with regional integration. It concludes with forward-looking policy recommendations to enhance transparency, regulatory efficiency, and migrant integration, ensuring the long-term sustainability of Lithuania’s economic and legal systems.

The Right to Interpretation and Translation as a Procedural Safeguard of the Right to a Fair Trial in the Jurisprudence of the ECtHR and the CJEU

2025-11-09T22:27:42+02:00

This article provides a comprehensive analysis of the right to a fair trial with a particular focus on the right to interpretation and translation as a fundamental procedural safeguard. It examines the multi-layered protection of this right at the international, supranational, and national levels, highlighting the key legal frameworks, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the European Convention on Human Rights (ECHR), and the Charter of Fundamental Rights of the European Union.

Special attention is given to the procedural guarantees enshrined in Article 6(3)(e) ECHR and Directive 2010/64/EU, and to the obligations of public authorities and courts to ensure timely and effective interpretation and translation in criminal proceedings. The study explores the practical challenges in securing these rights, particularly in the context of pre-trial detention and the execution of custodial sentences in the Slovak Republic. It addresses the legal distinction between formal procedural rights and the linguistic rights of foreign nationals in detention settings, and examines the role of ombudsman institutions in monitoring compliance.

The article also reflects de lege ferenda on possible legislative and practical measures, such as the use of English as an auxiliary language upon admission to detention and the deployment of electronic translation tools, aimed at improving the protection of fair trial rights in an increasingly multilingual and diverse society. The research applies a combination of doctrinal legal analysis, comparative method, and case-law study, complemented by analytical and synthetic approaches to evaluate existing legal frameworks, identify shortcomings in practice, and formulate recommendations for reform.

Is the principle of full compensation for damages caused by a violation of criminal procedure ensured?

2025-11-09T22:37:15+02:00

The Lithuanian legal system is inseparable from the application of common legal standards with the values implemented by the European Union. The trend of protecting human rights in the legal system is improving every year and striving for the highest possible results. Based on national and international laws and/or case law, the topic of the bachelor's thesis has a close connection with the assurance of this right and its implementation in the judicial system. The study focuses on Article 30 of the Constitution of Lithuania, the norms of the Civil and Criminal Procedure Codes, as well as international legal acts, with attention paid to Protocol 7 of the Convention on Human Rights and Fundamental Freedoms. The institute of compensation for damage due to illegal actions in criminal proceedings, which is imperatively established in the laws and the aspiration to compensate for the damage caused by ensuring the principle of full compensation for losses, is problematic in the Lithuanian judicial system, since there is an absolute difference between the damage claimed in the lawsuit and the damage awarded by the court.

In Lithuania, compensation for damage, both material and non-material, is based on monetary terms. Of course, the assessment of material damage is based on the objectively incurred loss, which is assessed using the monetary expression that actually occurred. However, moral compensation is often a considerable challenge for the court, since it is undeniable that in each individual case human values are violated, the proper implementation of which raises the question - how much is the violated constitutional, moral or other internal value of the person really worth? This study analyzes the criteria on the basis of which the court fairly and adequately compensates for the damage caused, ensuring the principle of full compensation for losses. In the course of the study, both the concept of unlawful actions in criminal proceedings and the meaning of the principle of full compensation for losses and their application in an individual situation are discussed. For a more targeted analysis, the practice of national courts was used, which helped to highlight the existing problem. The main goal of the comparative analysis of foreign countries (Germany, Norway and Estonia) was to find out whether the practice existing in foreign countries, due to the fixed model of compensation for losses, would be a potential adaptation mechanism in the Lithuanian legal system.

The hypothesis put forward by the study was partially confirmed, that when assessing fixed or indicative amounts, their essence is important, which would reveal itself as additional assistance to the court, in forming unified case law, or more efficient work productivity of institutions, as well as adjusted compensation for damages, would encourage victims not to abuse the requested amounts or help them better understand the essence of the amount for the loss. However, it is doubtful whether this contributes to the implementation of ensuring human rights or delving into each individual situation, since a mechanically applied model lacks legal certainty or elementary morality.

The main purpose. To determine whether the criteria applied in Lithuanian court practice in compensation cases based on Article 6.272 of the Civil Code ensures the implementation of the full compensation principle.

Object of the Research. The issues of implementing the principle of full compensation in the context of Article 6.272 of the Civil Code.

Legal frameworks of abortion in the European Union: comparative insights from selected jurisdictions

2025-11-09T23:05:11+02:00

Authors of this article examine the evolution and current state of abortion law in two European Union Member States—Poland and Germany—placing their analyses within the broader constitutional and historical context. The study employs a dogmatic-formal method, supplemented by the historical approach, to trace legislative developments and interpret key judicial decisions that have shaped the legal framework governing the permissibility of abortion. Particular emphasis is placed on the role of constitutional interpretation and its impact on the stability—or volatility—of reproductive rights. Beyond the introduction—which succinctly outlines the importance of deliberations on the permissibility of abortion, as well as the implications of the terminology used in public discourse and the resulting terminological discrepancies—the article is divided into two main sections, each devoted to examining the issue in a specific national context.

The first substantive section examines the development of German abortion law, beginning with the Constitutio Criminalis Carolina of 1532 and tracing its evolution through the nineteenth and twentieth centuries. The analysis highlights the formation and endurance of §218 of the Penal Code, the profound transformations it underwent during the Imperial, Weimar, and Nazi periods, and the divergent approaches adopted in East and West Germany after 1949, as well as the complex legal reconciliation following their reunification in 1990. Special attention is devoted to the constitutional dimension of the debate and to the Federal Constitutional Court’s landmark rulings, which articulated both the state’s duty to protect unborn life and the woman’s fundamental rights to dignity and self-determination.

The second section focuses on Poland, tracing the trajectory of its abortion law from the early twentieth century to the present. The period prior to 1932 is addressed only in general terms, primarily due to historical circumstances: the 123 years of partition which deprived Poland of the ability to enact and enforce its own criminal laws. Therefore, the analysis concentrates mainly on Polish legislation from 1932 onwards, examining key statutory reforms and constitutional interpretations. It covers, in particular, the 1932 Penal Code, the 1956 liberalization introducing the social indication, subsequent restrictions and amendments, the 1993 Family Planning Act, and the landmark Constitutional Tribunal rulings of 1997 and 2020, along with ministerial and prosecutorial interpretative guidelines issued in 2024 as a response to the ongoing abortion debate.

The comparative perspective underscores profound differences between the two systems. While both constitutional courts acknowledge the state’s obligation to protect prenatal life, their interpretations of how this obligation interacts with women’s rights have diverged sharply. In Germany, the principle of proportionality has guided a balanced approach that integrates the protection of life with respect for individual autonomy and legal certainty; in Poland, constitutional reasoning has led to successive restrictions and enduring instability, reflecting deep societal divisions and the subordination of reproductive rights to political interests. The authors conclude that reproductive rights, as reflected in abortion law, serve as a crucial indicator of a legal system’s commitment to democratic values, legal certainty, and respect for individual autonomy. The comparison of Poland and Germany demonstrates that enduring legal stability in this area depends not only on legislative design but also on the broader constitutional culture and the capacity of legal institutions to reconcile competing fundamental values.

The matter of criminal liability for grooming a person under the age of sixteen

2025-11-09T23:12:10+02:00

This article examines the issue of criminal liability for grooming minors under the age of sixteen within the context of the Lithuanian criminal law. It explores how this criminal offence is settled in the Criminal Code of the Republic of Lithuania (Article 152¹), identifies the main practical challenges associated with the application of this provision, and analyses the conceptual and procedural boundaries surrounding its interpretation. The study evaluates whether the current legislative formulation is sufficiently clear and effective to provide real protection for children, especially in the digitized environment.

The research demonstrates that the offence of grooming is often difficult to distinguish from other sexually motivated crimes such as preparation to commit rape or sexual assault, actual rape, and sexual coercion. These conceptual overlaps pose significant obstacles in both the pre-trial investigation and trial stages. The article offers an in-depth analysis of the definition of grooming, examining of its development in scientific literature and international documents. Further, the article investigates the concept of grooming as it is elaborated in both academic discourse and international legal instruments. It provides a comparative overview of the phenomenon in the context of European Union law, with a particular emphasis on Directive 2011/93/EU and the Lanzarote Convention. These instruments obligate Member States to criminalise not only physical acts of sexual abuse, but also preparatory conduct - such as the manipulative establishment of trust and psychological influence over a child - with the intent to commit a sexual offence.

In Lithuania there are significant difficulties in qualifying grooming conduct and interpreting evidence in a manner consistent with the goals of child protection. When compared to the legal systems of countries such as the United Kingdom, Spain, and Germany, the Lithuanian regulation appears to be narrower in scope, less applicable and insufficiently tailored to address modern threats, particularly those emerging in online settings.

As a result, the article argues for a reassessment of Article 152¹ of the Criminal Code. It recommends expanding the scope of this provision and redefining the legal concept of grooming to encompass a wider range of preparatory behaviours. Such reform would allow for more effective legal protection of minors, both in the physical world and in virtual environments. The findings of this research confirm that the existing legal framework in Lithuania does not ensure adequate protection for minors and that legislative alterations are urgently needed.

Editor's note

2025-11-09T22:12:20+02:00