O presente trabalho tem como objetivo explorar o instituto da reversão de bens no direito administrativo, realizando pesquisa teórica e legislativa para comparar o uso do instituto e pensar em suas possibilidades em outras áreas do direito administrativo. Para tanto serão adotados métodos de pesquisa qualitativa, dialética e crítica, de modo a obter uma reflexão sobre os usos e interpretações do instituto pelos mais diversos atores, assim como analisar a possibilidade ou impossibilidade de aplicação em outras áreas do direito administrativo. É necessário verificar se o conceito da reversão de bens está atualizado conforme a complexidade das relações jurídicas aplicáveis aos bens públicos e privados no Direito Administrativo na atualidade, pois assim será possível averiguar se o instituto atende aos princípios dessa área do direito, o que possibilitaria também o abarcamento de outras relações entre o setor público e o privado, especialmente aqueles identificados no \"Domínio Público Impróprio\" e se possível, pensar em uma teoria geral da reversão no direito administrativo. / The present work aims to explore the institute of reversal of assets in administrative law, carrying out theoretical and legislative research to compare the use of the institute and think about its possibilities in other areas of administrative law. For that, methods of qualitative, dialectical and critical research will be adopted, in order to obtain a reflection on the uses and interpretations of the institute by the most diverse actors, as well as to analyze the possibility or impossibility of application in other areas of administrative law. It is necessary to check whether the concept of reversal of assets is updated according to the complexity of the legal relations applicable to public and private assets in Administrative Law at the present time, since this will be possible to verify if the institute complies with the principles of this area of law, the coverage of other relations between the public and the private sector, especially those identified in the \"Inappropriate Public Domain\" and if possible, think of a general theory of reversion in administrative law.

This thesis examines the key question: can voluntary associations enhance democracy? It tests critical claims made by Habermas and others that voluntary associations have the potential to reinvigorate a public sphere in a state of atrophy. The thesis outlines the major theoretical arguments pertaining to these areas and then presents the results of empirical work within voluntary organisations. Specifically the thesis: Critically examines the concept of the public sphere, being a sphere between the state and civil society and investigates why theorists have advocated voluntary associations, claimed to be the core institutions of civil society, as sites where democratic ideals can be secured; Goes on to examine the concept of civil society and reviews the recent literature that has attempted to define and analyse the role of voluntary associations in contemporary society; Tests empirically the normative ideals that have been advocated on behalf of voluntary associations through the presentation of data obtained using qualitative methodology. The analysis of the data collected during interviews with key employees and members of six voluntary associations in Melbourne, Australia allows for a more informed knowledge regarding the key concepts and themes of the thesis. The thesis ends by directly addressing the following points: whether or not the public sphere is in a state of atrophy; the particular nature of voluntary associations contemporary engagement in the public sphere; and whether voluntary associations can indeed, be sites where democracy can be enhanced and democratic ideals be secured. It is concluded that voluntary associations operate within Habermasian public spheres, counterspheres, and postmodern public spheres and that unitary notions of the public sphere, such as those Habermas proposes, do not adequately explain voluntary associations engagement in the public sphere. Accordingly, it is concluded that voluntary associations have the potential to invigorate public spheres, though not in ways that many theorists writing on the subject suggest.

<p><strong>Objective:</strong> In this thesis, we assume that the organizations' interests are governing their behavior/positions. It seems possible to draw conclusions about organizations'interests on the basis of the behavior / positions that will appear in the givenopinions on Swedish Public Investigations. The purpose of this thesis is toidentify self-interests of the studied organizations as they appear in their givenopinions.</p><p><strong>Method:</strong> The authors have made a qualitative and quantitative study of the opinions.</p><p><strong>Theoretical perspective:</strong> The basis of the study is the organization theories that focus the self-interest oforganizations.</p><p><strong>Empiric:</strong> Information is taken from four Swedish Public Investigations: the New Company Act, International Accounting for Swedish companies, Abolition of the audit requirement for small and medium sized enterprise and Simplified accounting. Altogether 310 opinions have been given on these, out of which we have studied 59. Furthermore, we have collected information on tasks, activities and objectives from the websites of the opinion giving organizations.</p><p><strong>Conclusions:</strong> In the literature, we found, as mentioned, that organizations havet hree self- interests which we define as general self-interests. They are the interest in survival, resources and power. We have found - what we believe – an additional general self-interest of organizations, namely the interest to avoid accountability and transparency. It was possible to divide the organizations intogroups with high community of interest within each group while the community between the groups was low. This provides an empirical support to Dimaggio’s and Powell’s theory which says that organizations in specific areas are similar. This means that it is possible to study the interest of organizations, without studying the individuals in an organization. We found that the owner's interests expressed in tasks, activities and objectives of the organization are important factors affecting the organization's interest structure. We also found indications - however unclear - that the public interest has an impact on the organizations' self interests. We also found an interest to protect its own market which can be related to the general interest of resource influx under Pfeffers and Salanciks theories of resource dependence.</p>

The concepts of media accountability, media criticism and media governance are analysed and discussed in a Swedish setting; how they relate to each other and interact. This is achieved by using various methods – a survey to editors, analy- ses of parliamentary debates, interviews, direct observation and document stu- dies – in studying different stakeholders, media representatives and governance conditions in Sweden during the last 70 years. The findings point in a direction of dynamic complexities with a central role for media criticism. The type, level and intensity of media criticism may affect the functioning of the media governance structure and is a vital part of the media accountability process. The media governance structure – which in addi- tion to media criticism is influenced by international conditions, technological developments and political factors – may in turn affect the media accountability process. In this process, media representatives aim to defend obtained positions of societal influence, achieve and maintain positive PR and enhance editorial quality at the same time. Media criticism may start a substantial media accountability process if the discontent is widespread and not countered by market approval or political iner- tia. The process is facilitated if the critique is connected to more than one frame of accountability and if stakeholders see opportunities for dual objectives. Very strong and widespread media criticism may be difficult for media organizations to neglect. The accountability process in Sweden has become less dependent on corpora- tive negotiations between organized interests and political assemblies. Instead, two other tendencies seem to have emerged: on the one hand a possibility for media organizations to favour such accountability processes that they are able to control, and on the other hand the rise of a rich variety of sometimes short-lived accountability instruments that may develop for specific occasions and are difficult to control.

In 1986, the Supreme Court of Canada cogently summarized various judicial concerns relating to the expansion of public interest standing. In doing so, the Supreme Court invited judges to engage in a purposive and functional enquiry in exercising their discretion to grant access to public interest litigants. That enquiry should take account of the broad social, political and legal factors that provide the backdrop to the constitutional claim. However, both judges and commentators alike have failed to meet this challenge. Instead, they have applied the principles of standing in an increasingly categorical and abstract manner. To this end, they have employed the abstractly defined, directly affected individual without considering who he or she is in the particular circumstances, or what benefits he or she would bring to the litigation process. This is of particular concern when our context is inequality. The increasing abstraction of public interest standing jars discordantly with the purposive interpretation of section 15(1) of the Charter, so that while equality is determined in a contextual fashion, equal access is still conceived of in an abstract fashion. In abstracting the directly affected individual out of relations of radical inequality, there has been a presumption that we all, as individuals, have an equal opportunity (and equal resources) to raise our constitutional concerns in the courts. This presumption cannot be accepted. We need to inject some context into standing. To do so, we must appreciate that inequality is a product of the distribution of power in society, and that equality is to be furthered through multi-dimensionality and respect for diversity. Armed with these insights, we must revisit the judicial concerns that underpin the development of the public interest standing doctrine, and unpack their meaning in a purposive fashion. When we do so, we will begin to appreciate that the traditional resolution of these concerns actually serves to exclude disadvantaged persons from enforcing their Charter rights and obscures the diffuse causality characteristics of disadvantage. From the contextual perspective of social-inequality-as-power, the concerns underpinning public interest standing actually promote judicial access for the public interest organization that represents disadvantaged persons.

Sutartis – teisinio santykio realizavimo forma, todėl jai sutarčių teisėje yra skiriamas ypatingas dėmesys. Lietuvos teisės sistemoje išskiriamos įvairios sutarčių rūšys, tarp kurių yra ir šiame darbe nagrinėjamos viešosios sutartys. Darbe analizuojami esminiai su viešųjų sutarčių sudarymo tvarka, joje veikiančiais subjektais bei nutraukimu susiję klausimai, aptariama su šia tema susijusi Lietuvos Aukščiausiojo Teismo praktika. Siekiant kuo visapusiškiau atskleisti darbo temą, aptariama nemažai užsienio autorių darbų, taip pat ir Europos Bendrijų Teisingumo Teismo praktika. Kadangi sutarčių laisvė bei jos ribojimas viešosiose sutartyse yra aktuali bei daug diskusijų kelianti problema, šiame darbe pagrindinis dėmesys koncentruojamas ties klausimu, kokią vietą viešojoje sutartyje „užima“ fundamentalusis sutarčių teisės principas – sutarties laisvė, o kas „lieka“ imperatyviam valstybiniam reglamentavimui. Reikia pažymėti, jog darbe pateikiama plati Lietuvos bei kitų valstybių sutarčių teisėje aptinkamų analogiškų ar panašių sutarčių lyginamoji analizė, kurios metu stengiamasi ne tik atskleisti kitose valstybėse įtvirtintų sutarčių rūšių ypatumus, bet ir atsakyti į klausimą, ar Lietuvai apskritai reikalingas viešųjų sutarčių institutas. Atkreiptinas dėmesys, jog siekiant išsamiai aptarti viešųjų sutarčių institutą bei susisteminti visus jo bruožus, darbe taip pat analizuojamas galimas viešųjų sutarčių atspindys Europos Bendrijų teisėje. Darbo pabaigoje pateikiamos išvados bei... [toliau žr. visą tekstą] / This article discusses a relevant topic in Lithuania‘s contract law – the conception of public contract and its development. Due to the analysis of various laws, doctrine and precedents, the article provides with coherent understanding about agreements for public purchase and utility services as well as their evolution in the Lithuanian law system. It is needful to stress that the debates on State involvement in the modern market and its participation in the economy and society are still up to date, due to it this article examines what is the proper degree of state intervention in commercial relationship and what type of legislation would be beneficial for both – supplier and consumer. The most important principle in contract law – freedom of contract, which is a cornerstone of wealth maximization, is also discussed in this article. Futhermore, with a purpose to reveal the state’s attitude to the intersection of this principle and public interest, the examination of relationship between public interest and freedom of contract is presented. The article also examines the EU competition law policy and legislation in controlling the business with a dominant market power, as well as assuring the social welfare of other party and consumers. What is more, the clear comparison of Lithuania’s and other countries’ governmental regulation on public or administrative contracts is also provided here. Finally, the author puts forward some conclusions on key questions of public contracts... [to full text]

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Magistro baigiamajame darbe siekiama atskleisti su viešojo intereso gynimu susijusias problemas Lietuvos administracinės teisės kontekste. Aptariami tokie probleminiai aspektai, kaip viešojo intereso sąvoka, viešojo intereso struktūriniai požymiai, administracinių teismų praktika teisės subjektams ginanant viešąjį interesą teisme. Pirmojoje darbo dalyje aptariama viešojo intereso samprata, viešojo intereso ir teisės santykis. Pristatomos įvairių teisės specialistų nuomonės dėl viešojo intereso sąvokos, privataus ir viešo intereso atskyrimo. Antrojoje, apžvelgiame viešojo intereso struktūrinius požymius (objektą, subjektą, bei agentus, galinčius ginti viešąjį interesą). Šioje darbo dalyje taip pat pristatoma Lietuvos Konstitucinio Teismo ir Lietuvos vyriausiojo administracinio teismo praktika, iš kurios galima matyti, kokie objektai pripažįstami, kaip gintini, saugotini remiantis viešojo intereso svarba. Išskiriami bei analizuojami viešojo intereso subjektai, aptariami viešojo intereso agentai. Trečioje magistro baigiamojo darbo dalyje pristatomi atlikto Lietuvos vyriausiojo administracinio teismo praktikos tyrimo rezultatai, kuriais remiantis analizuojama fizinių asmenų, nevyriausybinių organizacijų, taip pat prokuroro bei valstybinių institucijų veikla ginant viešąjį interesą Lietuvos vyriausiame administraciniame teisme. Atsižvelgiant į tai, pateikiamas teisinis šios veiklos vertinimas, remiantis mokslininkų įžvalgomis, Europos Teisingumo Teismo praktiką bei oficialių... [toliau žr. visą tekstą] / SUMMARY The factor of the public interest in administrative law The main concepts: interest, private interest, public interest, administrative law. The main purpose of this master degree thesis is to reveal the problems which are related with the defense of the public interest in the context of Lithuanian administrative law. In this work problematic aspects such as concept of the public interest, the structural signs of the public interest and jurisprudence of the Supreme Administrative Court of Lithuania are discussed. In the first part of this work the concept of public interest and relationship between interest and law are analyzed. Also variety of opinions of legal experts about the concept of public interest and the posibility of private and public interest separation are presented. In the second part of master degree thesis the structure of public interest (object, subject and agencies) is introduced. In this part of work jurisprudence of the Constitutional Court of the Republic of Lithuania and the Supreme Administrative Court of Lithuania are introduced, which aims to identify the object of the public interest. Also subject and the agents of the public interest are distinguished and analyzed. In the third part of master degree thesis the results of the case study of jurisprudence of the Supreme Administrative Court of Lithuania are presented. Based on the results of the case study the activity of individuals, non-governmental organizations, prosecutors and public... [to full text]

In 1997 the Labour Party introduced the White Paper Rights Brought Home: The Human Rights Bill. Bringing rights home was considered necessary to significantly influence rights conception in the UK and internationally. Rights Brought Home argued that incorporation would allow human rights to become a more prominent feature of society. The Human Rights Act 1998 (HRA) was brought into force with optimism and expectations. However, the war of terror has significantly impacted the way in which rights have been understood and appreciated. National security issues have clashed with Convention rights. There is mounting concern that British judges must blindly follow the rulings established by the European Court of Human Rights. There have been problems of public disengagement and hostility. The HRA is characterized by a story of failure. Understanding the relationship between the war on terror and the HRA is central to human rights development.

In 1997 the Labour Party introduced the White Paper Rights Brought Home: The Human Rights Bill. Bringing rights home was considered necessary to significantly influence rights conception in the UK and internationally. Rights Brought Home argued that incorporation would allow human rights to become a more prominent feature of society. The Human Rights Act 1998 (HRA) was brought into force with optimism and expectations. However, the war of terror has significantly impacted the way in which rights have been understood and appreciated. National security issues have clashed with Convention rights. There is mounting concern that British judges must blindly follow the rulings established by the European Court of Human Rights. There have been problems of public disengagement and hostility. The HRA is characterized by a story of failure. Understanding the relationship between the war on terror and the HRA is central to human rights development.