| Abstract [eng] |
This dissertation presents an interdisciplinary thematic scientific research comprehensively and systematically exploring the constitutional foundations consolidated in the Constitution of the Republic of Lithuania for the freedom of individual economic activity. The dissertation analyses the said foundations of the freedom of individual economic activity from the interdisciplinary comparative, historical, economic and legal perspectives, identifies the beginnings of this freedom and discloses its concept, the entities under protection and the possibilities of its limitation. The dissertation consists of four main parts. In the first part of the dissertation, the research object is analysed from the economic perspective, while seeking to disclose the economic and political concept of the freedom of economic activity. The second part of the dissertation gives a retrospective view of the guarantees of the freedom of individual economic activity at the highest legal level in Lithuania, by discussing the historical genesis of this freedom and analysing the historical developments, which bring to light the historical conditions of the legal regulation governing economic relations. The third part of the dissertation provides an analysis of the constitutional foundations laid down in the 1992 Constitution for the freedom of individual economic activity and the constitutional jurisprudence interpreting them. The research includes an integrated assessment of the constitutional concept of the freedom of individual economic activity, the circle of the entities concerned and the conditions limiting this freedom. The fourth part of the dissertation presents the doctrine of international courts (the ECtHR and the CJEU) interpreting the concept of the freedom of individual economic activity as guaranteed under the European Convention on Human Rights and EU law, the circle of the entities concerned and the conditions limiting this freedom. This part of the dissertation provides the practical examples of the limitations of the freedom of individual economic activity from the case law of the ECtHR and the CJEU, which are of relevance to economic relations in Lithuanian markets. |
