The author emphasises the foundational elements of the constitutional order, among them human rights, human dignity, and fundamental constitutional principles. These elements impose obligations on every person and the bearers of different branches of the state power. People are aware of the human rights they are entitled to, but they have to exercise them responsibly and with respect for human rights and human dignity of every other person. The bearers of the state power must remain acutely aware, besides to above, of the significance and mission of their office in the system of state power. The constitutionally determined competences that they have to exercise in conformity with the con- stitutional order are their constitutional duties. The principle of the separation of powers forbids any branches of power from omitting its own constitutional functions. When state institutions, including the legislator, disregard decisions of the courts and the Constitutional Court, they undermine the very founda- tions of the constitutional order. Therefore, the legislator and the government have to respond to every single decision of the Constitutional Court which establishes unconstitutionality of a statute provisions within the period deter- mined by the Constitutional Court that the unconstitutionality be remedied on time and the human rights of the addressees of legal provisions be protected.

Key words: human rights, fundamental constitutional principles, the rule of law, the principle of the separation of powers, constitutional duties of the bearers of state powers, respect for decisions of the Constitutional Court.

The Slovenian Constitution regulates both individual and collective rights of the autochthonous Italian and Hungarian national minorities and the status of Roma residing in Slovenia. It has faced criticism for not extending minority protection to Slovenian citizens who are part of nations and nationalities of the former Yugoslav republics, often referred to as "the new minorities”. Besides, Austrian authorities have persistently urged Slovenia to grant constitutional minority rights to individuals belonging to the German-speaking ethic group in Slovenia. In the light of the critical remarks the Advisory Committee on the Framework Convention for the Protection of National Minorities adopted in its Fifth Opinion on Slovenia, the article examines the protection of national minorities in international law. The author observes that the current regulation of national minorities in the Constitution is in conformity with international legal requirements for minority protection. Moreover, the Advisory Commit- tee on the Framework Convention for the Protection of National Minorities acted ultra vires by calling on Slovenia to consider extending constitutionally protected minority rights to the German-speaking ethnic group and the new minorities. Nonetheless, the claims of constitutional minority protection made by the new minorities are legitimate. It is within the competence of the Na- tional Assembly to consider these claims.

Key words: individual and collective minority rights, the Constitution, na- tional minorities and international law, regional and special treaties on the protection of minorities, the competence of the supervisory bodies on national minorities and the internal law of the contracting parties.

The author discusses Montesquieu’s image of the judge, an iconic figure in le- gal theory and legal philosophy, in light of his doctrine of the separation of powers as presented in The Spirit of the Laws. Montesquieu’s discussion ap- pears somewhat incoherent: he sees law as an important social apparatus, yet simultaneously rejects a stable judicial institution to adapt the legal system to a given social reality. He even defines the separation of judicial power from executive power as a criterion for determining moderate regimes, yet perceives judicial power as void. This incoherence arises from the epistemology of natu- ral law, which rejects creativity in favour of discovery of laws. Montesquieu’s image of the judge fits perfectly with the 19th century ideology of codification, which idealises the completeness and clarity of a code of laws. Montesquieu’s rigidly constructed doctrine of separation of powers can justify his anaemic judge only outside the real circumstances of judicial decision-making, for law is created by a judge, not discovered.

Key words: Montesquieu, separation of powers, law, judicial power, legislative power.

This article provides a concise overview of the legal regulations governing spatial and development planning in relation to the utilisation of European funds. It aims to explore how Slovenia can more optimally leverage the finan- cial resources available from the European Union to foster economic growth, innovation, and sustainable development. The capacity of programmes and projects to absorb European cohesion funds is critically dependent on the timely approval or adoption of national programme documents. This is par- ticularly important for ensuring the timely and efficient use of European cohe- sion funds. Strategic and implementation documents in the field of spatial and development planning are also essential at both national and regional levels. Although there have been consistent changes to legal regulations to enhance the efficient use of available European Union financial resources, there remain further opportunities for refinement.

Key words: EU funds, absorption capacity, spatial planning, development planning, municipalities, regions.

The author briefly presents an article by Professor Ljubo Bavcon on the prob- lem of criminal responsibility, originally published in 1959 in the Revija za kriminalistiko in kriminologijo (Journal of Criminalistics and Criminology). It offers a comprehensive report from an international symposium in Stras- bourg, enriched with Bavcon’s scientific credo regarding the issues discussed. The core of the discussed problem was the clash between two views on crimi- nal responsibility. The old view, also known as "classical criminal law”, was based on a metaphysical notion of freedom, wherein a criminal offence was perceived as the outcome of an individual’s free, albeit malevolent, will . The response to this was punishment, intended both as a deterrent and as a form of penance—a means to frighten and reform the perpetrator’s evil will. As a coun- terpoint to this classical view, positivist views emerged, viewing the individual as a product of heredity and environmental factors, thus a deterministic entity. By denying free will, these perspectives also deny the concept of culpability— yet they acknowledge the necessity for society to defend itself against crimes and their perpetrators. This defence of society against criminality is no longer perceived as "deserved punishment” but rather involves various forms of treat- ment of criminals and their removal from the environment. Bavcon’s perspec- tives represent a compromise, somewhere between the heritage of the classical school and the new impulses brought by the New Social Defence Movement. Although the ideas of abolishing the concepts of guilt and deserved punish- ment fell silent in later developments of criminal law, recently there has been a new rise of ideas to expel moralistic undertones from criminal law, and to reorganise the operation of the criminal justice system according to the prin- ciples of public health systems. This suggests that the evolution of criminal law occurs in cyclical phases.

Key words: criminal responsibility, criminal law, penal law, punishment, guilt, criminality.