Respublikos Prezidento ir Vyriausybės teisinis santykis, jo probleminiai aspektai

Mikalkėnas, Mantas

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Respublikos Prezidento ir Vyriausybės teisinis santykis, jo probleminiai aspektai

Mikalkėnas, Mantas

URI: http://dspace.kaunokolegija.lt//handle/123456789/1276

Data: 2018-06

Santrauka:

Darbe analizuojami LR Prezidento ir Vyriausybės teisiniai santykiai, Vyriausybės formavimas, Vyriausybės įgaliojimų grąžinimas, santykiai užsienio politikoje, krašto apsaugoje, Prezidento dekretų pasirašyme.

Description:

The legal relationship between the President of the Respublic and the Government, its problematic aspects. Mantas Mikalkėnas. Professional Bachelor thesis. Arūnas Purvainis, lecturer at the Faculty of Management and Economics, Department of Law, Faculty of Management and Economics, Kaunas College. The topic of work relates to the legal relations between the President of the Republic and the Government, therefore, in the first and second part of the work, using the descriptive method, the legal status and powers of the President and the Government are discussed. Authorizations such as the powers of the President of the Republic in the formation of the Government, foreign policy, national defense and the powers of the Government in foreign policy and national defense are distinguished. In the third part of the work, using the method of analysis of scientific literature and case documentation, the legal relationship between the President of the Republic and the Government is analyzed. In the last part of the work using the comparative method, the legal relations between the President of the Republic of Lithuania and the Government are compared with Estonia and Germany. The problematic aspects of legal relations between the President and the Government are relevant to the topic of these days. Based on the current relationship between the Government and the President, it is clear that the two parties often disagree on various issues. The current Prime Minister often says that the President does not support the Government. These disagreements encourage the analysis of legal relations between the President of the Republic and the Government and the problems with which these institutes have already encountered. Several problems are analyzed in the paper. The first problem is the legal relationship between the President and the Government in the formation of the Government. The Constitution provides for the obligation to nominate the Prime Minister, but the President must take into account the majority of the Seimas, since the Seimas has the right to approve or disagree with the candidacy of the Prime Minister. But can one suppose that the President's duty to appoint the Prime Minister is limited? The Republic of Lithuania is attributable to the Parliamentary model for the Government's formation, and the Constitutional Court of the Republic of Lithuania has spoken about this, which also responds to this problematic issue. Addressing the main issues of foreign policy, the President of the Republic is the main subject in this area under the Constitution, but according to the book "The Status and Powers of the President of the Republic of Lithuania" written by author Paul Winkler, the President is left behind in resolving key issues of foreign policy, such as the establishment of diplomatic relations, decisions on the conclusion of international treaties. In the area of national defense, the President of the Republic, together with the Prime Minister, the Speaker of the Seimas, the Ministers of National Defense and the Armed Forces, are represented by the State Defense Council. The President can be left behind in the Council of Government, since three out of five members of the council are from the majority of the political party or a coalition of political parties. As a result, there may be a confrontation between the President of the Republic and members of the Government. The aim of the work is to reveal the problematic aspects of legal relations between the President of the Republic of Lithuania and the Government. The final bachelor's thesis consists of 44 pages, 34 literature sources.

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