Civil Servants’ Right to Information and Consultation
Articles
Tomas Davulis
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Published 2023-11-19
https://doi.org/10.15388/EULLAJ.2023.8
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Keywords

right to information
right to consultation
new generation rights
civil servants
labor councils

Abstract

The article aims to analyze the status and applicability of a new generation rights – right to consultation and right to consultation – for civil servants. The author refers to a right of consultation of employees and assesses, whether such a right is extended to civil servants in the same or similar manner under the current legal framework in Lithuania. The research is carried out form a national, EU and international perspectives, where the international and EU documents serve as the basis and national practices of other jurisdictions serve as examples. Historical, teleological, systematic analysis and comparative methods are used to examine the scope of the right to information and consultation, the grounds for the (non-)application of these rights in the civil service in Lithuania as well as the prospects for the consolidation of these rights. The relevance of the research is linked to the national debates on the mandatory nature of labor councils in the civil service and relevant caselaw of the European Court of Justice. The author comes to a conclusion that the right to information currently is not guaranteed under the Lithuanian law but argues that the similarity of individual and collective situation of civil servants and employees makes a strong argument that it would be appropriate to develop a softer version of the information and consultation mechanism for civil servants.

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