Key words: identity of the charge and the judgment, objective identity, accusatorial principle, modification of the description of the offence, right to be informed of the accusation, separation of procedural functions.

On 6 February 2025, the European Women Lawyers Association Slovenia (EWLA) and the Law Students’ Association Pravna Panda organised an event "Career Challenges of Young Female Lawyers” at Center Rog, attracting over 50 participants. The event was opened by Prof. Dr Verica Trstenjak, who em- phasised the importance of mentorship, communication skills, and mutual support among female lawyers. The keynote speaker, Prof. Dr Vasilka Sancin, shared her career journey and highlighted the value of self-confidence and perseverance in achieving career goals. She noted that young female lawyers often limit themselves by doubting their qualifications, and stressed that fail- ure should not be viewed as the end of the road but rather as an opportunity to change direction. A significant part of the event was a lecture by Prof. Dr Bog- dana Herman on communication skills, where she addressed challenges such as stage fright and the need for precise and confident communication. She also warned about the deterioration of publ

Key words: women, jurists, EWLA, Panda, students, law school.

Legal terminology is a particularly dynamic phenomenon that evolves con- tinually in response to changes in theory, practice, and legislation. This is especially true in the context of international law, including European law. The need for regular care of the legal language has been recognised by the research group of the programme P5-0217 "Incorporation of the EU Legal Terminology into the Slovenian Legal System”, which, in cooperation with ZRC-SAZU, published the first version of an expanding online Dictionary of European Legal terminology. This dictionary transposes European legal terminology into Slovenian, focusing particularly on the legal terminology of the European Union. It also significantly enriches this focus with a collection of established English legal terms. The Dictionary of European Legal Termi- nology is inherently expanding, meaning that the research group will conti- nuously add new legal terms and, with the help of user feedback, modify and supplement previously published entries,

Key words: Dictionary of European Legal Terminology, legal terminology, expanding dictionary, law, European Union.

Rudi Šelih was a distinguished lawyer and will forever remain so in our collective memory. Born on 6 January 1929 in Dobrova near Slovenske Konjice, his studies at the Faculty of Law in Ljubljana were interrupted by World War II, during which he actively participated in the partisan resistance. Following the war, he graduated from university in 1956 and qualified as a lawyer in 1961. In 1963, he was elected a member of the Executive Committee of the Bar Association of Slovenia, and just two years later at the age of 36, he became its president. He served as president for three terms. Over his career, Šelih received numerous awards for his professional and life achievemnts. Notably, he was the inaugural recipient of the highest Slovenian accolade in the legal profession, the Plaque Dr Danilo Majaron, in 2012, and he also received the Danish Queen Margareta II award. Rudi Šelih passed away on 14 November 2024. It is important to note that for many decades, he was a role model for younger generations of lawyers, men

Key words: Rudi Šelih, obituary, lawyer, Lawyer’s Association of Slovenia, plaque of Dr Danilo Majaron, Federation of Lawyers’ Associations of Yugoslavia.

We live in concerning times. After World War II and the Holocaust, and during the crimes committed by communist authorities in Eastern Europe, the mem bers of the Council of Europe established a new, free, and democratic Europe. They adopted the European Convention on Human Rights and established the European Court of Human Rights, one of the most world’s prestigious courts. Out of the ashes of Europe, a legal order emerged, founded on free media, free elections, the prohibition of discrimination, the rule of law, and an independ ent judiciary. Today, as then, the resolution of the global crisis we face can only be founded on respect for these values, not on the principle that "neces sity knows no law”. We can and must all contribute to this effort. The greatest responsibility rests with the authorities, who possess the most leverage to pro tect the democratic order. However, every individual must also contribute to a better society by resisting the sophisticated and well-organised brainwashing on social media, thinking independently, and speaking out publicly when they detect irregularities in society.

Key words: crisis, democracy, freedom, human rights, Constitutional Court of the Republic of Slovenia, government.

A social contract comes into being once the existence of a community is no longer the product of a natural urge for self-preservation. It consists of un spoken, yet tacitly accepted and recognised, provisions that enable each indi vidual to be defended and protected by the force of all. The force of all the co contractors is transformed into a common will, and one of the key issues for society is the recognition—or the management—of this collective force. In this context, in relation to the State and the exercise of public authority, society has evolved from being a mere recipient to becoming a co-creator in that exercise. The prerequisite for successful managing the common force for the benefit of all is a functioning public sphere. Such a sphere requires a clear public interest and a plural society with as many deliberating and participating members as possible. The continual modification or revision of the social contract is in the vital interests of both society and the individual, and is shaped and guided by the functioning public of a democratic society, whose principal purpose is to ensure equal conditions and equal opportunities—within the limits of natural endowments—for every member. The fundamental condition for all this is the active individual.

Key words: social contract, force, society, public, justice.

The fundamental purpose of compulsory settlement proceedings is to enable the fastest possible financial, obligation, corporate, and business restructur ing of an insolvent debtor, thereby ensuring continued operation of the viable part of its undertaking and offering creditors better prospects of settling their claims than would be available were bankruptcy proceedings instituted against the debtor. To ensure that compulsory-settlement proceedings fulfil this purpose, the court must manage them swiftly and effectively while simul taneously safeguarding creditors’ interests, particularly when those interests are threatened by an abuse of rights within the proceedings. In such cases the court must balance the two most important compulsory-settlement proceed ings principles—the expedience (effectiveness) principle and the audi alteram partem (right-to-be-heard) principle—while applying mutatis mutandis, all institutes of "general” civil-procedural law also to compulsory-settlement pro ceedings. Where appropriate, and having regard to the nature and purpose of compulsory-settlement proceedings, the court may restrict the audi alteram partem principle accordingly. The article sets out the grounds and methods for achieving the foregoing and concludes that no legislative amendments but only the diligent exercise of the existing competences of the court are required for providing for such procedural conduct by the court.

Key words: compulsory-settlement proceedings, "right-to-be-heard” principle, expedience principle, abuse of rights, restructuring, speed of compulsory settlement proceedings, mutatis mutandis application of general rules of civil procedural law.

The author addresses the enforcement of court judgments, mostly in the light of the European Convention on Human Rights and the European Court of Human Rights. The article provides an analysis of the enforcement of court decisions in the practice of the European Court of Human Rights through es tablished violations of the Convention on Human Rights. The methodology of this research is to analyse the practice of the European Court of Human Rights, which, in many of its decisions, determines the obligation of the state to provide an effective legal remedy for the enforcement of judgments of its courts. The main hypothesis of this research is that effective judicial protection of individuals depends on an effective system of enforcement of court deci sions and that it is the obligation of the state to provide an effective legal rem edy for the enforcement of court decisions. In this context, the new Croatian Administrative Disputes Act of 2024 and the regulation of the enforcement of administrative court decisions are also being analysed.

Key words: administrative courts, enforcement, European Court of Human Rights, European Convention on Human Rights.

Two years ago, the Supreme Court of the Republic of Slovenia completely changed its position on loans denominated in Swiss francs—a total reversal of the case law that the court had unanimously upheld five years earlier. Although no significant changes have occurred in the intervening case law, doubts have meanwhile arisen regarding the impartiality of some judges. It emerged that one of them is a judge whose appearance of impartiality can legitimately be challenged. At first sight, it may seem odd that such a revelation can so se riously undermine public expectations of the judiciary and the authority of its decision-making, yet trust is an exceedingly fragile commodity. Above all, this episode compels us to re-examine the arguments for the previously de scribed—and, to the author, still incomprehensible—reversal of case law. The author is convinced that the case law as formulated by the Supreme Court of the Republic of Slovenia carries a price: not only in the form of uncertainty and the erosion in confidence in contract law or the principle of the rule of law— principally threatened by retroactive legal regulation—but also in the form of demonstrably higher credit costs for future borrowers.

Key words: bank, credit, Swiss franc, CHF, legal certainty, retroactivity, Supreme Court of the Republic of Slovenia.

Monograph Sexual Criminal Law: From Antiquity to Present-Day Efforts to Manage Sexuality by Means of Criminal Law presents the turbulent topic of sexual offences in a scientific, concise, and systematic manner. The core of the monograph consists of a historical legal study, a comparative analysis of a long list of sexual offences and a review of a relevant international and EU legisla tion. The authors, Damjan Korošec, Sabina Zgaga Markelj, and Vid Žepič, have produced a work that will remain an integral part of any serious examination of sexual criminal law for years to come. Simultaneously, the monography is valuable for case law. In this respect, suggested interpretations and warnings against pitfalls lurking in the divisive 2021 amendment to the Slovenian Crim inal Code KZ-1H are especially topical.

Key words: criminal law, rape, sexuality, history, children, violence, yes means yes.

The Faculty of Law and the Faculty of Sports of the University of Ljubljana, together with the company Litteralis, the Sports Law Society, the Olympic Committee of Slovenia, the Student Council of the Faculty of Law and the student association Pravna panda, organised a conference entitled From Law and Economy to Olympic Medals on 24 April 2025 at the Faculty of Law of the University of Ljubljana. The speakers were jurist and Olympian Miro Cerar Sr. and President of the Olympic Committee of Slovenia and former President of the Board of Directors of Gorenje Franjo Bobinac. They discussed the interrelationship between the economy and sport with moderator Kristijan Briški. They emphasized the key role of volunteering in sport, its significance for tourism and the wider economy, and the positive effects of promoting both the economy and the country through participation and success in international sporting competitions, as well as through hosting such events. All agreed that Slovenia excels on both fronts, that sport unites people and serves as a universal language, and that it teaches self-discipline and while strengthening physical and mental health. An Olympic gold medal from the 1964 Tokyo Games—won by Miro Cerar Sr. on the pommel horse and one of his two gold and three total Olympic medals—was also on display for attendees.

Key words: sport, economy, law, Miro Cerar Sr., Franjo Bobinac, Olympic Games, sports law, tourism

One of the (two) priorities of the judicial year 2025 is judicial administration, particularly in view of the anticipated amendments to judicial legislation and the introduction of a single-judge concept. This priority is also linked to the author’s earlier announcement that, once judges’ salaries have been regulated (improved), he will turn his attention to the numbers—that is to judges’ performance. The author has consistently advocated measuring the productivity and economy of court operations; determining quality indicators and standards; measuring the quality of court work; setting time standards; preparing a court workload measurement system and introducing a performance-management model. These measures must be accompanied by appropriate steps to ensure efficient and prompt resolution of cases, as a court decision must be rendered within a reasonable time. Special attention should be paid to the work of judges. They, too, must strive to balance compliance with minimum standards of judicial decision-making against the need to resolve cases within a reasonable time. The task of court administration is to secure productivity at the collective level and to identify and address deviations or individual difficulties among judges by finding solutions to remove obstacles to the effective exercise of judicial authority.

Keywords: Supreme Court of the Republic of Slovenia, judge, court administration, efficiency, economy, quality, trial within a reasonable time.

The entertainment industry is a major sector of modern capitalist economies, deeply tied to intellectual property law. This article examines the legal challenges posed by fictional characters through a case study of Mickey Mouse, the iconic symbol of Walt Disney Corporation. It explores the interplay between copyright and trademark law, starting with the temporal limits of copyright protection. The analysis then explores whether Mickey Mouse’s entry into the public domain in the United States affects his status within the European Union and Slovenia, and evaluates originality requirements for subsequent iterations. The authors further investigate trademark law, emphasising dual protection and the implications of extending exclusivity through trademarks. By addressing key legal provisions, the authors assess how intellectual property law mediates between incentivising creative investment and ensuring public access to cultural heritage.

Key words: copyright, trademark, intellectual property, fictional characters, public domain, rule of the shorter term, rule of comparison of terms.

In November 2020, the European Commission presented its European Medicines Strategy, whose objectives include: (1) ensuring timely and equitable access for all EU patients to safe, effective and affordable medicines; (2) increasing security of supply and ensuring that medicines are available to patients wherever they live in the EU; while (3) ensuring an attractive, innovationfriendly and competitive environment for research, development and production of medicines. Medicine shortages are becoming a significant public health risk across Europe and beyond. Tackling these shortages demands measures to be taken at all levels to improve the supply of medicines. Among other actors, wholesalers constitute crucial, though overlooked, link. They—especially the ones with the so-called full-line of operations—can also be part of the solution in reducing the risk of disruptions in the supply of medicines due to their way of doing business. However, it is true that with the changed market structure and other factors, the issue of the continued economic motivation of wholesalers to work in the public interest is becoming increasingly important, which participation in the process of supplying medicines undoubtedly is. Given that wholesaler margins in Slovenia are among the lowest in Europe, the author believes that changes in this area are urgently needed. The existing method of determining the wholesale margin may also call into question the expediency of carrying out the activity of supplying medicines in Slovenia. The author sheds light on the role of wholesalers in the supply of medicines, as well as changes in this market over the last fifteen years and the method of determining the socalled wholesale margin, in Slovenia and selected European countr

Key words: European medicines strategy, medicine shortages, public health, wholesalers, margin, medicines market.

An agreement on a contractual penalty that the former partners—now shareholders—inserted as a formal clause in the company’s articles of association remains valid after the company is transformed into a joint-stock company, even though the clause is no longer reproduced in the statute. Such an agreement would bind the parties even if it had never been included in the articles of association; its incorporation was merely formal, and its effectiveness extends beyond the articles of themselves. Because the penalty clause is merely a formal component of the articles of association, it is not constitutively bound by it, in terms of its formation, content and termination. The shareholders’ rules, which do not prohibit parallel obligation agreements between shareholders, also allow the same. Therefore, this relationship between the former partners, now shareholders, continues. Although the scope of autonomous regulation in a company’s statute is narrower under stock-company law than under the law of limited-liability companies (the principle of statutory strictness), stockcomänzende Nebenabreden). Such agreements can be included as a formal component in the text of the statute, or they can be agreed and concluded without being included in the statute, i.e. "outside the statute”. In either case they are binding only on those who agreed on them, and are assessed under the general law of obligations.

Key words: limited liability company, joint stock company, statutory transformation, partnership agreement, statute, contractual penalty.

The article addresses opportunities for, and the importance of, subsidies supporting the installation of solar power plants in Slovenia, presenting solar energy as a pivotal resource in the nation’s energy transition. It analyses of the principal financial incentives—particularly non-repayable grants and favourable loans available through the Eko Fund—while outlining the legal and regulatory frameworks that govern the planning, installation, and grid connection of photovoltaic systems. Technical requirements and standards that equipment must satisfy, together with the application process for obtaining support. Particular attention is paid to the recent shift from net-metering to surplus-energy compensation, a change that materially influences project profitability. The article also highlights the growing importance of energy-storage solutions and smart-management technologies, and reviews trends within the Slovenian solar-energy market. It concludes by stressing that clear legislation, transparent procedures and stable support mechanisms are essential to delivering a successful energy transition.

Key words: photovoltaics, solar energy, subsidies, energy transition, electricity, self-sufficiency, energy storage systems.

On 8 May 2025, the Faculty of Law of the University of Ljubljana hosted a round table organised by the Association of Jurists’ Societies of Slovenia (ZDPS) and the Society for International Law for Slovenia, at the initiative of the ZDPS Legal Forum for Minorities. The event marked the 70th anniversary of the State Treaty on the Re-establishment of an Independent and Democratic Austria (AST) and, in particular, examined Article 7, which defines the rights of the Slovenian national community in Austrian Carinthia and Styria. Alongside the ZDPS President, Miha Juhart, PhD, and the Secretary of the Legal Forum for Minorities, Franci Gerbec, the panel comprised Vasilka Sancin, PhD, Lojze Ude, PhD, Rudi Vouk, mag. iur., Marco Jarc, and Attila Kovács, PhD. At the close of discussion, the participants adopted a statement proposing the creation of an institutionalised, permanent and constructive dialogue between the governments of the Republic of Slovenia and the Republic of Austria. This dialogue would include representatives of the autochthonous Slovenian minority in Austrian Carinthia and Styria, the governments of the relevant Austrian Länder, and experts from both countries. Its purpose would be to devise mechanisms and measures to ensure Austria’s full compliance with the AST— particularly Article 7, which guarantees the rights of the Slovenian minority in Austrian Carinthia and Styria. Slovenian jurists have expressed their readiness to assist in this endeavour, including through structured co-operation with their Austrian colleagues at all appropriate levels.

Key words: national minorities, Austrian State Treaty, Slovenian language, Forum for Minorities, Society for International Law, Association of Jurists’ Societies of Slovenia.

It is now 30 years since notarial services were re-introduced in the Republic of Slovenia. To mark the anniversary, the Notary Chamber of Slovenia (NCS) held a ceremonial event attended by Slovenian and foreign guests, legal experts and others. After a review of the milestones that have shaped Slovenian notarial practice over the past three decades, participants heard addresses by the President of the NCS, notary Dr Bojan Podgoršek, the Minister of Justice, Andreja Katič, and several other speakers. The programme continued with a round-table discussion on the still-untapped potential of notarial services in Slovenia and the presentation of awards for outstanding contributions to their development. Among the opportunities identified, the transfer of undisputed inheritance proceedings to notaries featured prominently. Doing so would ease the workload of the courts—relieving at least 40 judges—while accelerating the resolution of cases and making the process more accessible for the parties involved. Public expenditure would fall and private costs would remain unchanged. A further opportunity lies in performing notarial acts in a digital environment. For three years Notarial Act has contained a legal basis for issuing electronic notarial instruments prepared via a secure, real-time video link with a notary. However, implementation is still pending because the Ministry of Justice has yet to select a provider for the necessary information and video-communication system that would enable remote drafting of notarial documents.

Key words: notarial services, notary public, probate procedures, relief of the burden on courts, digitalisation.

In the panel discussion The Legacy of the Francs: The Evolution of the Law of Obligations in Consumer Credit Disputes, legal experts discussed the complex legal challenges arising from consumer credit denominated in Swiss francs. Damjan Možina, PhD, outlined the development of Slovenian legislation and case-law on consumer protection, drew attention to inconsistencies with European law and criticised the Supreme Court’s recent shift in jurisprudence. Miha Juhart, PhD, focused on the sanction of nullity for unfair contractual terms and related issues of enrichment claims (condictiones). Professor Karmen Lutman, PhD, noted that the consequences of the nullity of consumer contracts are governed by national law—namely the Code of Obligations, which was never designed for such complex relationships—and highlighted the difficulties of incorporating the views of the Court of Justice of the European Union into the Slovenian legal order. Matija Damjan, PhD, discussed the particular features of the limitation of condominium claims in these cases. The discussion showcased differing perspectives on the assessment of contractual fairness, the consequences of nullity, and the respective roles of courts and notaries in consumer protection.

Key words: Swiss francs, consumer credit, law of obligations, unfair contract terms, nullity, case law, consumer protection.

Cybersecurity is becoming increasingly important for both organisations and individuals, as digital threats continue to proliferate and evolve. The Cybersecurity Handbook, published by the Information Security Office of the Republic of Slovenia, provides comprehensive guidelines and practical solutions designed to foster a safer digital environment. By adopting suitable preventive measures, establishing robust incident-response procedures, and maintaining effective crisis communication, organisations can mitigate risks and protect both their data and infrastructure. Sharing information about information incidents within organisations can be an important experience and lesson. It makes sense to pass it on to other organisations, as community and cooperation can be very important factors in the event of individual information incidents. Although the Handbook is not legally binding and does not alter statutory obligations, it serves as a practical reference for any organisations and individual preparing securit

Key words: cybersecurity, cyber threats, protection, Information Security Office of the Republic of Slovenia, data, digitalization.