De Gruyter

The article reviews the most important legislative, case law and legal literature developments in Lithuanian tort law in 2022. It iincludes a discussion of Lithuanian Supreme Court cases which have raised issues vicarious tort liability of school and parents, liability of bancruptcy administrators to company's creditors, and public liability for a company's lost income.

The article addresses the most important tort law developments in Lithuania in 2021 covering legislative amendments, case law and research. Case law in respect of compensations for personal injury is addressed separately.

Reflecting on the Sustainable Development Agenda 2030, which emphasises that progress in sustainable development depends on ensuring prosperity, and in line with the Sustainable Development Goal 3, which aims to promote the well-being of all age groups, including children, this study aims to examine the childís legitimate right to communicate with both parents in the context of divorce and support arrangements. Filling the gaps in previous research, our research problem is focused on analysing the impact on sustainability, the childís emotional well-being and the protection of the childís rights in the situation of parental divorce. Following the emergent approach, an instrumental case study design and a qualitative research strategy were employed using methods such as content analysis of legal documents and semi-structured interviews. The research questions addressed two dimensions of the analysis: the factors contributing to the exercise of the childís right to communicate with the separated parent; and violations of the childís rights where the childís right to communicate with both parents is not properly ensured or not at all ensured. The results of this study reveal that the parent living with the child after the divorce acts contrary to the best interests of the child, denying the childís inherent right to be raised and educated by both parents.

Review of developments of tort law in European jurisdictions in 2020.

This paper uses novel qualitative research methods (phenomenology, ethnography, and enactivism) to understand the cognitive processes through which radiologists interpret medical images to arrive at a diagnosis. From this perspective, diagnosis is not simply a matching of findings to retrieved mental images, but more properly an act of embodied or situated cognition, one that involves perception along with the actualisation of professional memory and imagination and an expert-level understanding of the involved technology. Image interpretation involves a diverse set of factors, each of which is critical to arriving at the correct diagnostic interpretations, and conversely, may be the source of mis-interpretations, and diagnostic error. Interpretation depends on the radiologist’s understanding of the imaging modality that was used, a deep appreciation of anatomy, and comprehensive knowledge of relevant diseases and how they manifest in medical imaging. A range of personal and inter-personal factors may also come into play, including understanding the actions, values, and goals of the patient, the imaging technicians, and the clinicians and other medical professionals involved in the patient’s care. This multi-dimensional perspective provides novel insights regarding the cognitive aspects of diagnostic radiology and a novel framework for understanding how diagnostic errors arise in this process. Some of the findings of this research may have applications for diagnostic praxis in general, that is, beyond radiology diagnostics.

The role of balancing in the development and application of European data protection is enormous. European courts widely use it; it is the basis for harmonization of pan-European and national laws, plays a crucial role in everyday data protection. Therefore, the correctness of a huge number of critical decisions in the EU depends on the perfection of the balancing method. However, the real ability of the balancing method to cope with this mission has been subjected to intense criticism in the scientific literature. This criticism has highlighted its imperfections and casts doubt on its suitability to optimize the relation between competing rights. Paradoxically, the everyday practice of balancing tends to ignore this criticism. The limitations of the balancing method are typically not discussed and are not taken into account when considering legal cases and solving practical issues. Thus, it is tacitly assumed that the shortcomings and limitations of the balancing method, which the criticism points out, are irrelevant when making real-life decisions. This article discusses the scope of this phenomenon, its manifestations, and its impact on the quality of data protection decisions based on the balancing method:sub-optimality of these decisions, their opacity, public dissatisfaction with the legal regulation, its instability and low authority The ways of bridging the gap between the practice of balancing and science and broader consideration by the practice of the shortcomings of the balancing method identified during scientific discussions are considered.

Three field studies using norm-based public service announcements were carried out in a university context. The studies yielded inconclusive results, pointing toward the need to investigate the contextual and individual effectiveness of persuasive communication based on making social norms salient. The presented studies are discussed as the first steps in introducing persuasive pro-environmental communication in a specific university context and some ways forward are proposed.

In the Commonwealth of the Two Nations, significant legal texts were implemented under the rule of King Stanislaw August, the most important being the Constitution of May 3, 1791, adopted during the Four-Year Sejm (1788- 1792). Its framers faced numerous challenges, first, because then only nobles were considered as constituting the Republic, one was to define who should be considered as a member of the People, who could be elected deputy to the Sejm, and at which condition. Second, since the 1569 Union of Lublin the Commonwealth is made of two distinct states: Poland (the Crown) and the Grand-Duchy of Lithuania, drafters had to handle Lithuanian statehood in a Constitution, which was primarily seen as a way to enhance unification of the two nations. Third, the Grand-Duchy of Lithuania having its own legislation, enclosed in the Lithuanian statute, (adopted in 1529, followed with a Second Statute in 1566, and a Third Statute in 1588), the question of its maintaining or not too had to be taken into consideration by framers. We hope that considering how these different issues were handled will shed a new light on the permanence of Lithuanian laws and political tradition in the May 3 Constitution.

Problems in modernizing human resources of Lithuania’s service sector are discussed in the article. The objective of the article is to reveal the issues of human resources modernization, identify the trends and measures for human resources’ modernization in the service sector of Lithuania. The process of human resource management is understood as a continuous procedure where the main activities are planning, recruitment, selection, socialization, training and improvement, assessment of activity, promotion, displacement, downgrading or dismissal. The essential trends and measures for modernizing management of human resources is strategic management of human resources, growth of employee competencies and development of electronic human resources. Noteworthy to mention that in the modern world, when striving for competitive advantage, it is important to follow the guidelines of strategic management of human resources. The significance of information technologies cannot be forgotten, because the instalment of these technologies helps to coordinate innovations in science, originality and practical experience, all of which is oriented towards creation of new services and products for the society. Methodology: The research methods are based on the insights of the researchers using the analysis of scientific literature and synthesis methods. The study analyzes issues related to the modernization of human resources management in the Lithuanian service sector. Findings: Summarizing the study results, aspects of a modern organizational culture can be distinguished: promotion of friendly communication among employees (this allows solving problems in the organization among employees without the need for the employer to interrupt); constructive conflict solving with the help of a mediator; an employee who is valued in the organization becomes initiative, able to independently make decisions, is more involved in achieving goals of the organization; organizational culture is being modernized by promoting employee creativeness, or through pleasant and beneficial tasks; a manager in a modern organization is distinguished by a democratic leading style, is not a sole controller – decisions are made with the involvement of the entire team; it is modern to seek for a high level of service provision (not to be only profit-oriented). Value Added: Based on the results of the research, a way of modernizing human resource management in Lithuanian catering establishments was suggested in order to maintain high level of services provided by modern motivation methods and other elements of the organizational culture model. Recommendations: Summarizing the results of the research it is possible to distinguish aspects of modern organization culture, which showed that modernization of human resource management in Lithuanian catering establishments includes ensuring of microclimate in the organization; healthy workplace emotional and physical well-being; employee socialization; motivation of employees and encouragement to seek a high level of service in modern ways of motivation and other elements of the organizational culture model that are recommended to be emphasized in the organization.