The text deals with the idea of the reform of legal studies in the form of a unified five-year master’s degree that has been developing over the past few years at the University of Ljubljana Faculty of Law

The author argues that in practice the prevailing concept of understanding and interpreting age discrimination is the constitutional law concept, as opposed to the labour law concept. Age is a sui generis prohibited ground with specific characteristics – at the same time age is a static, dynamic, and flexible personal characteristic

The article analyses provisions on limitation of antitrust damages actions set out in Directive 2014/104/EU on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union in the light of modern trends in the law of limitation.

The paper addresses the issue of the admissibility of the cross-border transfer of a real seat of a Slovenian company. It argues that laconic statutory provisions governing the seat of a company do not require that a company’s statutory seat and real seat coincide, i.e. that the principle of coincidence between the statutory seat and the real seat is not applicable to domestic companies.

The relation between motive and intent is according to the author a common will to commit a criminal act. The characteristic of both is an individually planned orientation to reach the target of motive.

The contribution is a report from the general assembly of the association Klub alumni Pravne fakultete v Ljubljani ("Alumni Association of the Faculty of Law Ljubljana”), which brings together those who gained their education at the Faculty of Law of the University of Ljubljana

It has been more than fifteen years since the first edition of the book Transport law that was written by prof. dr. Marko Pavliha for the students of the Faculty of Maritime Studies at the University of Ljubljana. These days the third revised edition was published. 

The author emphasizes that economic crime indeed eludes unambiguous and robust criteria for distinguishing between business practices, which are normal in commercial transactions in a capitalist society – a risk society – and practices that are clearly criminal.

Article 240 of the Slovenian Criminal Code (KZ-1) criminalizes the abuse of power or confidence in economic activities and has become one of the most commonly used provisions for the prosecution of the so-called economic crime in recent years.

Proactive response to crime is nowadays associated with the use of the advanced technology that allows law enforcement authorities to effectively monitor, prevent criminal activities and obtain evidence in favour of criminal indictment. 

Authors are focused on the role the Councils for the Judiciary have for an effective judicial system in the EU Member States. Their role is largely defined by their competences. These generally consist of participation in the process of election or appointment of judges and court presidents, assessment of their work, their promotion, transfer, participation in the disciplinary proceedings against them and their dismissal. 

Different forms and methods of public elections have been affected mostly by social economic and technologic development in time. The more the society progressed, the more the methods of voting accommodated and carried with themselves more and more problems in their use.

In the article, the author critically discusses the procedure of qualification to became a judge in Slovenia. He states that from the starting point of this procedure (including the preparation for the state law exam), qualification is not suitable to the characteristics and requirements of judicial profession

The measure of the independence of the Judiciary is the independence of each and every judge. Therefore, the manner in which the status of a judge is regulated in the Constitution and statutes holds a lot of importance. 

Despite the importance of the freedom of expression in a democratic society the exercise of this right may be under certain conditions subject to certain restrictions, inter alia, also in cases of hate speech. In the definition of the concept of the hate speech the author refers to the international instruments which prohibit all forms of discrimination and all forms of expression which spread, incite, promote or justify racial, ethnic or religious hatred, and to the case-law of the ECtHR which under the concept of hate speech understands all forms of expressions of hatred and intolerance

In the manuscript the author summarizes the constitutional principles of public financing and the regulatory framework for financing of public regulatory agencies. 

EU legislation foresees two exceptions from the use of rules of public procurement. Beside the in-house/vertical cooperation (the Teckal doctrine), the Court has also developed in its rulings the so called Hamburg doctrine, which applies to horizontal cooperation between the contracting authorities.

The author reviews a book by Mirjam Baldeger, in which she presents the protection of human rights of legal entities in different countries (Menschenrechtsschutz für juristische Personen in Deutschland, der Schweiz und den Vereinigten Staaten, Begründungsmodelle der korporativen Menschenrechtsträgerschaft. Duncker & Humblot GmbH, Berlin, 2017, 841 pages).

The monograph Constitutional Law Challenges in the 21st Century is dedicated to Professor Ciril Ribičič on the occasion of his 70th birthday. Nineteen eminent Slovenian and foreign scholars discuss topical issues from the field of constitutional law. 

It is in the nature of law that it is prospective. The key issue is how to reinforce the predictability of statutes when deciding cases that took place in the past. There are four basic approaches (with their corresponding transformations) at the judge’s disposal, which are known as subjectivist-static, subjectivist-dynamic, objectivist-static and objectivist-dynamic interpretations.

The author presents the modes of election and/or nomination of judges and their significance for ensuring the judicial independence, which is in Republic of Slovenia the constitutionally prescribed, as well as the international legal standard.

Procedural constraints for the employer intending to terminate the employment contract, are also indicated in the employee’s right to defend himself or herself. The purpose of this right is to allow the employee to present his or her position and perspective on the accusations. 

Besides criminal procedures, national systems endorse also quasi-criminal procedures, in which public legal responsibility is enforced and the relevant authority possesses powers similar to the ones from criminal procedure. An issue, therefore, immediately arises whether evidence from such quasi-criminal procedures could be imported into criminal procedure to establish criminal responsibility

Rights in Prison: A Review and Appraisal of the European Court of Human Rights Case Law brings a comprehensive and analytically deep exploration of the rights of prisoners and detained persons in light of the European Court of Human Rights case law. 

New constitutional arrangement in Slovenia is strengthening the role and importance of voters and their right to demand a referendum. The new regime is also more suitable for the National Assembly since there are less possibilities that a law, that was adopted, is rejected. 

Treaty establishing the European Coal and Steel Community did not contain the provisions providing the protection of human rights, however this fact did not discourage the European Court of Justice to present them as fundamental principles of the law of the European Communities.

The article seeks to present the potential sources of financing the debtor in the financial reorganization proceedings, their basic characteristics, categorization of those sources, and the presentation of the main dilemmas of each individual potential source of financing. Given the lack of such legal literature in Slovenian, the basic purpose of the article is to contribute to the essential legal literature in this field, which could be the basis for much needed further scientific and professional discussions.

The article offers a brief overview of the development of the international children‘s rights law prior and after the adoption of the Convention of the Rights of the Child. 

The two-volume book Legal Philosophy in The Twentieth Century: The Civil Law World edited by Enrico Pattaro and Corrado Rovesi in the closing volume of a twelve-volume series The Treatise of Legal Philosophy and General Jurisprudence. 

We live in a time when controversy about sex definition has never been so topical as is today. Perspectives on the subject are very diverse and multifaceted as the author tries to present in the article. Activists who are transgender or otherwise identify themselves want to be addressed with neutral pronouns such as »they« or with new alternative words, such as ze, xu, hir, zim, zer, thon, zhe and ve. 

The article portrays the development of the US antitrust law and policy. Through the scope of the interpretative development of the Sherman Act, the author aims at defining the original historical goals of the world’s first modern codification of competition law.

In the article, the meaning and scope of the term knowingly as used by the Slovenian legislature in the special part of the Criminal Code is examined. 

Domestic violence has a long history. It is particularly problematic as it is positioned between the private arena and the public sphere. In most cases, perpetrators of domestic violence are men and victims who experience violence are women. Violence against women within the family is a consequence of a general conviction prevalent throughout history, when women and children were considered property of husband and father, who had absolute authority over them. 

The monograph complexly analyses, evaluates and offers understanding of the company while the author offers a comprehensive insight into the relationship between the company and the law. The enterprise is not dealt with from the law perspective, but also through the optics of dominant theories. It broadens the views on the basis of a wider, synthetic introspection, including sociological, even philosophical approaches in addition to classic legal and economic ones.