In our focus - Relex Law Firm

August 19, 2024

Don’t be fooled by yellow: workers’ solidarity still needs protection

A recent criminal investigation in which ReLex is acting on behalf of the independent trade union G1PS has drawn significant attention, highlighting the need for strengthening of the role of independent unions in safeguarding labor rights. The claim challenges the actions of the employer’s representatives, who have consistently obstructed the activities of the trade union […]...

June 19, 2024

Class action against arbitrary detention in Lithuania

PLEASE RESPOND IMMEDIATELY IF THIS APPLIES TO YOU From July 2021, at least four thousand people entered Lithuania from Belarus, through the land border, to seek asylum. They were automatically detained, without recourse to a legal remedy to challenge such detention and remained in arbitrary and unlawful detention until 2022. In June 2023, the Lithuanian […]...

June 13, 2024

End of Dublin transfers to Hungary?

By Judgement of 13 June 2024 in case C-123/22 Commission v Hungary the Court of Justice of the EU pronounced the failure of Hungary to comply with it‘s judgment of 17 December 2020, in case C‑808/18 and ordered Hungary to pay 200 million euros and a penalty payment of 1 million euros per day of […]...

March 29, 2024

Ethnicity is objective, courts do not have exclusive competence to rule on the national identity of a foreigner

Decisions of foreign courts confirming a person’s national identity are recognisable in Lithuania. In today’s ruling in case e3K-3-24-969/2024, the Supreme Court confirmed that a person’s ethnic identity is an essential aspect of a person’s private life and identity, falling within the scope of Article 8 of the European Convention of Human Rights and Fundamental […]...

March 18, 2024

Dublin Regulation does not ban family reunion

EU Member States must apply the discretionary clauses in order to respect their human rights obligations. Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States […]...

February 26, 2024

Migration policy can not ever justify children’s rights abuse

The UN Committee on the Rights of the Child (CRC) considered the combined fifth and sixth periodic reports of Lithuania and adopted its concluding observations on 2 February 2024. The Committee paid special attention to the protection measures for asylum-seeking, refugee and migrant children. Recalling the joint general comments No. 3 and No. 4 of […]...

February 14, 2024

Government’s practices of detaining runaway asylum seekers are questioned in application T.M.N. against Lithuania 957/23

The newly published monitoring report by Lithuanian Red Cross on application of the Dublin Regulation notes a consistent court practice imposing limitations on liberty of asylum seekers who moved to another EU Member State seeking efficient asylum procedures but were returned to Lithuania. Such practices may amount to arbitrary detention in violation of the right to liberty […]...

January 29, 2024

First death at the border case has been referred to the ECtHR

Failure to investigate into the death of a person contributes to impunity and systematic violation of the most fundamental value, the right to life. An application before the European Court of Human Rights is brought on behalf of a client whose husband has lost his life at the border after being apprehended in Vilnius and […]...

January 01, 2024

Application for international protection must be registered even pending criminal investigation

Application for international protection must be registered even pending criminal investigation Directive 2013/32/EU establishing minimum standards on procedures for granting and withdrawing refugee status is applicable to all asylum seekers, even those who were detained by the court pending criminal investigation. People in need of international protection must be ensured access to legally safe and […]...

December 21, 2023

Free Words in Belarus

„I am going to stick a rare stamp on the envelope – it‘s got an European roller on it. Maybe they‘ll pass you my letter beause of it. Pretty please! Rollers were once common birds in Belarus, they were beautiful, like birds that live in the tropics, but now they‘ve alsmost disappeared.“ – AU Beginning […]...

December 07, 2023

Asylum seekers are not required to have a passport to register marriage

Foreigner’s registration card may be presented to prove the identity of the asylum seeker. Article 1.25(2) of the Civil Code stipulates that a marriage shall be registered in the civil registry offices of the Republic of Lithuania if at least one of the parties to the marriage has his/her habitual place of residence in Lithuania […]...

November 30, 2023

Recent practice of the Migration Department limits asylum seekers’ right to legal representation

The Council of the Lithuanian Bar Association on 15 November 2023 unanimously agreed that refusal to grant access to asylum case files constitute a restriction of the lawyer’s practice. The Bar shall prepare an appeal to the Migration Department. The decision is taken based on ReLex complaints regarding denied access to the case files. The […]...

November 01, 2023

Pushback of injured asylum seekers puts their lives at risk and encourages further mistreatment

Last week at least 5 foreigners fleeing war in Syria, Yemen and Somali who crossed the border illegally ended up in Lithuanian hospital. They were diagnosed with frostbite and traumas from beating, allegedly by Belarus border guards trying to force them out to Lithuania. As reported by the government sources, they were theteafter returned to […]...

October 11, 2023

Children should not be kept apart from their family

Children should be entitled to family reunification from the moment their caretaker receives a residence permit. No family should be kept apart because of low income or high application fees. First individual complait has been communicated to the Government of the Republic of Lithuania in accordance to the Third Optional protocol to the United Nations […]...

September 23, 2023

Right to request the removal reviewed

The circumstances of foreigner’s life might change so can the deportation decision. When a decision to remove a foreigner is taken it is usually based on established lack of economic, social and family ties with the country in question. The law establishes a possibility for judicial review of the decision taken. A foreigner will be […]...

September 07, 2023

Security threat and the right to effective remedy

The connection between migrants, asylum seekers and alleged criminality is increasingly underlined in political debate worldwide. Language connecting asylum seekers and refugees with the threat posed by international terrorism, organized crime and now foreign espionage has become increasingly entrenched in political rhetoric spreading fears of witch hunting and hate speech trends. On August 3 Lithuanian […]...

August 19, 2023

Upholding child’s right to be represented

Children Rights Ombudsmen Institution adopted policy briefs No 117 and No 119 last week, where, based on communication from a ReLex client, it underlined inaction of Sate Border Guard Service resulting in depriving a minor of his or her rights to legal representation, state assistance and right to seek asylum, his or her illegal return […]...

August 16, 2023

Six months’ time-limit to decide on applications for international protection is the law, EU law. EU member state cannot modify the implementation of an EU directive at choice

Asylum seekers cannot hang in limbo for too long. The time limit for the Migration Department to decide on an asylum application is 6 months from the date the application is received. There is no right to extend such deadline whatever arguments advanced to that end concluded today Supreme Administrative Court of Lithuania in ReLex […]...

August 15, 2023

One more episode of quest for competence as investor seizes Spanish school in London

The clash between international legal order and the autonomy of the EU law makes Spanish government disregard its international obligations as English courts continue attaching government owned buildings. Instituto Vicente Cañada Blanch building on Portobello Road was provisionally arrested on 4 August 2023 following the ICSID arbitration decision in Antin case. The Lisbon Treaty granted […]...

August 08, 2023

From 238/2014 to 159/2023 the priority of the right to redress over state immunity consistently affirmed by the Italian Constitutional Court

Both state immunity and the protection against atrocities can be considered as being expressions of two conflicting general principles of international law, such as the sovereign equality of states and the protection of inviolable human rights. By the latest decision published on 21 July the Italian Constitutional Court reaffirmed that hierarchy of customary international law […]...

June 26, 2023

Humanitarian visa as a pathway to apply for international protection

Humanitarian visas allow people in need of international protection to enter a country, where they will be able to apply for asylum, including through accelerated procedures. From August 2020 Lithuania issued more than 800 humanitarian visas to members of Belarus opposition. According to the Migration Department, between 2020 and 2023, 757 Belarussians applied for international […]...

June 07, 2023

The automatic detention of foreigners is illegal. Detained foreigners may be entitled to compensation

The foreigners whose freedom has been automatically restricted have the right to claim compensation for damages for illegal detention. In today’s ruling, the Constitutional Court declared Article 5 of the Law on the Legal Status of Foreigners (the Law) as of 13 July 2021 to be contrary to Article 20 of the Constitution in so […]...

May 31, 2023

Prolonged residence at IDP camp does not constitute a ground for rejecting asylum

IDP camps cannot be considered as safe haven from violence and persecution. A standard approach of assessing asylum applications must be set to determine the place of origin/place of former habitual residence prior to displacement. UNHCR’s Guidelines on International Protection No. 12 underlines that the presence of internally displaced persons, including those who are receiving […]...

May 24, 2023

Families with children cannot be detained in migration procedures – CRC Committee

Although Reception Standards Directive 2013/33/EU does not outjudge the possibility of detaining a minor in asylum procedures, United Nations Committee on the Rights of the Child – CRC – remains consistent that no child can be detained in migration procedures. Article 11 (2) of the Directive allows detention of minors as a measure of last […]...

May 04, 2023

Pushbacks are illegal in EU law, grounds for security measures can not be merely declaratory

While for the purposes of the area of free movement, security and justice, (internal) security is considered a common EU policy objective, security measures are still considered an exception to the common rules. This concept is in line with the provisions of Article 4(2) of the EU Treaty, according to which the Union respects the […]...

March 21, 2023

The judgment of the CJEU in case C-356/21 strengthens the protection of the self-employed, albeit belatedly

ReLex senior lawyer Emilija Švobaitė shares her analysis in teise.pro. According to the State Data Agency, in 2021 11.6% of employed persons in Lithuania were self-employed (200.2 thousand inhabitants). This figure has increased more than twice in 10 years. Individuals engaged in self-employment have declared an income of €2.9 billion in 2021 (35.1% more than […]...

March 20, 2023

Lithuania grants political asylum to first Cuban dissidents

For the first time, the Department of Migration has granted refugee status to Cuban nationals forced to flee their country because of persecution. The decision is based on information from the country of origin confirming that human rights are systematically violated in Cuba where the government continues to deny its citizens their basic civil and […]...

March 08, 2023

Asylum seekers are not banned from applying for residence permit, both work or family based

Within global asylum regulations, states must give access to asylum procedures for people who seek international protection. Many governments, Lithuania included, are nevertheless implementing hard line or restrictive asylum policies and practices in order to deter and to prevent asylum-seekers from seeking refuge on their territory, including by interception and interdiction measures, visa controls, administrative […]...

February 13, 2023

If there is one thing to be taken seriously, it is human right to life

One life can make a difference. ReLex managing partner Rytis Satkauskas shares his reflections in teise.pro on the story of Simas Kudirka, pushbacks and right to life. Perhaps a headline would suffice. However, if, along with the author of these lines, you wish to pay your respects to the deceased, I encourage you to read […]...

February 09, 2023

Community protest is not a law. “Rockhopper” award pushes for balance between environment interests an investment protection

The EU announced yesterday plans for joint withdrawal form Energy Charter Treaty (ECT), ending the last dramatic efforts to reform it. ECT was blamed for threatening the autonomy of the EU law and distorting climate goals throug fossil fuel investments. This marks the beginning of the end of the saga of the single most invoked investment agreement that gave legal basis for […]...

February 07, 2023

Depriving asylum seekers of the right to appeal the decision of the Migration Department puts in question the effectiveness of the asylum procedures in Lithuania

The notion of effective remedy, established by Article 13 of the European Convention for Human Rights requires independent scrutiny of the claim that there exist substantial grounds for fearing a real risk of treatment contrary to Articles 2 and 3 of the Convention, given the irreversible character of the removal. Actions of the Government returning persons […]...

January 19, 2023

No, you do not need to report your whereabouts to the Migration Department for more than 18 months, confirmed Supreme Administrative Court

During the declared migration emergency, in case of illegal entry to the territory of the Republic of Lithuania the foreigner can be detained for 6 months, regardless of whether the application for international protection has been submited. If the circumstances indicating the threat of illegal migration can be established, measures alternative to detention can be […]...

January 10, 2023

All Afghan women are entitled to international protection, decides Swedish Migration Agency

In its latest legal opinion, used for deciding on submited asylum application, LIFOS emphasised an accumulation of discriminatory restrictions on women and girls’ access to work, healthcare and education, and to seek protection from violence. The analysis also referred to the very recent restrictions, including a ban on women to go to university studies and […]...

January 09, 2023

No compulsory health insurance scheme is available to foreigners without residence permit

The taxes payable by asylum seekers and foreigners whose asylum applications were rejected are State Social Insurance (VSD) and Personal Income Tax (GPM). These workers do not have the option of paying compulsory health insurance (PSD). By paying VSD, they are entitled to a sickness benefit, but only essential medical care is provided. Foreigners or […]...

January 06, 2023

Temporary residence permit can now be obtained before arriving to Lithuania through external services provider in 34 countries

As of 2023 foreigners can apply for Lithuanian residence permit by submitting documents proving their work, business or family or academic interests in VFS Global offices, regardless of whether they are resident in the country where such services are provided. The time allowed for examining the application and taking a decision will vary from 1 […]...

January 01, 2023

Minimum wage increases as of 1 January: work contracts need renewal

As of January this year, the minimum monthly wage is €840 before taxes. The hourly wage is €5.14. Employment contracts indicating a lower wage must be amended as of January this year to indicate a minimum wage that is in line with these requirements. It should be noted that Article 141 of the Labour Code […]...

December 29, 2022

No one is illegal. Residence permit might be issued if deportation decision is not executed within one year

Rejected asylum seekers will not stay in limbo. Article 132 of the Law on the Legal Status of Foreigners addresses situations where there is no objective possibility to return a person to his country of origin. When application for asylum is rejected, a foreigner can still stay legally in Lithuania based on the length of […]...

December 21, 2022

Ban on intra EU bilateral investment arbitrations might still produce unforeseen complications

In the Achmea case, the Court found that investor-state arbitration clauses in intra-EU BITs are not compatible with the EU Treaties and therefore cannot be applied after the date on which the last of the parties to the intra-EU BIT became an EU Member State. Following this CJEU line of thought the Lithuanian Government decided […]...

December 01, 2022

International Court of Justice reaffirms the importance of international customary law in environment disputes

In its latest Judgement of 1 December 2022 in dispute over the Status and Use of the Waters of the Silala (Chile v. Bolivia) the Court acknowledged the position of the parties that a river crossing their borders is considered as an international watercourse and is governed in its entirety by customary international law on […]...

November 11, 2022

No one can be detained by an administrative decision. Not even by Interpol notice

In a recent ReLex case Supreme Administrative Court of Lithuania affirmed that when deciding on the restriction of a person’s freedom of movement courts must examine individually each case and must give reasons for its decision, taking into account precisely all the factual circumstances characterising those threats and the requirements of the legislation, inter alia, […]...

November 08, 2022

A foreigner may not have concerns about his/her detention, a judge must review its legality ex officio

On 8 November 2022, the Grand Chamber of the Court of Justice of the European Union ruled in Joined Cases C-704/20 PPU and C-39/21 PPU that national courts must review the legality of a detention measure of a third country national ex officio, of its own motion, on the basis of the material in the file brought to […]...

November 02, 2022

Arrived to Lithuania on humanitarian visa? You might need to apply for asylum urgently

Seeking asylum is a right, not an obligation. No one can be forced to seek political asylum against their will. However, persons who have been granted a permit to enter Lithuania for exceptional humanitarian reasons and who fear returning to their country of origin should hurry to take advantage of it before it expires. We […]...

October 28, 2022

No extradition allowed for the purposes of double sentencing and more in Generalstaatsanwaltschaft München

European Union Court of Justice declared in today’s judgement in Case C-435/22 PPU that Member States are not to extradite a person to another country if that national has already been convicted by final judgment in another Member State for the same acts as those referred to in the extradition request. This applies regardless of […]...

October 27, 2022

Overpaying house maintenance bills abroad? You are protected by EU Consumer Directive

In S.V. (Immeuble en copropriété) (C-485/21) case the CJEU extended EU consumer protection to management and maintenance services for a co-owned building. In the decided case an owner of an apartment in a building of a housing association in Bulgaria concluded a contract for management and maintenance of the communal areas of that building. The […]...

October 27, 2022

Lithuanian State Border Guard Service can be held liable for a migrant losing both legs

According to publicly available information Tamil asylum seeker (25) was the latest victim of the Lithuanian pushback policy in place for more than a year. The shocking information provided by the Red Cross spoke person indicates that the asylum seeker had one leg amputated in Vilnius hospital after crossing a Lithuanian-Belarus border with a group […]...

October 19, 2022

No measure alternative to detention can be imposed for more than 18 months

Supreme Administrative Court of Lithuania reversed the practice of the regional courts imposing alternative measures to foreigners beyond the 18 months from their entry. In an important decision in ReLex case A-3944-822-2022 today, the court confirmed that the alternative measures have same time limits as the detention itself, whether they amount to de facto detention […]...

October 13, 2022

Refusing to participate in war crimes is a duty not a choice

War crimes and crimes against humanity are serious violations which result in an individual responsibility directly under international law. No one can be denied asylum for fleeing forced participation to this. ReLex partner Rytis Satkauskas shares his reflections on the forced mobilisation in the Russian Federation and the right to seek asylum in Leiden Law […]...

September 22, 2022

Avoiding forced recruitment in Russian Federation constitutes basis for asylum

Protests and sold out flights out of the country forecast a wave of forced conscripts and anti war protesters seeking asylum in the neighbouring countries...

September 20, 2022

End of invincible international organisations?

As a rule international organisations have immunities form host state jurisdiction, defined by a constituent treaty or headquarters agreement. Immunity of international organisations is generally founded on the principle of functional necessity: international organisations need immunity to be able to perform their functions independently. The subsequent practice of the organisation and its member states has […]...

September 17, 2022

Service or employment contract: how far it can stretch?

The Labor Code of the Republic of Lithuania regulates individual employment relationships arising upon the conclusion of an employment contract (Article 1 of the Labor Code). On the other hand, service agreements are widely used as flexible alternatives. Service agreements create a possibility for private persons to engage in provision of specific services as such […]...

September 15, 2022

Afghanistan marks one year of Taliban rule

Last year on 15 August 2021, Taliban authorities took control of Afghanistan. After capturing Kabul, rebel forces have suppressed the media, and arbitrarily detained, tortured, and summarily executed critics and perceived opponents, among other abuses. During the 51st session of the UN Human Rights Council, on 12 September the Special Rapporteur on the situation of […]...

September 14, 2022

The Syrian Arab Republic is still not a safe place to return

The UN Human Rights Council-mandated Commission of Inquiry on Syria released a report on 14 September, documenting continued grave violations of international human rights and humanitarian law across Syria, many of which amount to likely war crimes and crimes against humanity. Cases of arbitrary arrests, beatings, disappearances, harassment and extortion, including of returnees, continued to […]...

August 21, 2022

Sri Lankan Tamil asylum cases require thorough examination, recalls ReLex partner

Sexual violence in armed conflict (SVAC) and impunity for the perpetrators of the mass crimes against civil population in Sri Lanka written in blood in the stories of the Tamil asylum seekers. Despite real threats acknowledged in foreign courts and human rights organisations, Sri Lankan Tamils seeking asylum in Lithuania have not yet received a […]...