This article examines the increased role of bank regulator in corporate governance of banks in the light of the post-crisis banking legislation. At the outset, the author presents characteristics and specifics of bank regulation and supervision and further analyses provisions of the Slovenian banking legislation, which represent the increase of the role of regulator in governance of banks and assesses them in the light of general corporate law.

With the increasing interest of crime policy for crime victims and the particular attention paid to vulnerable groups of victims, the author explores how the current Slovenian Criminal Code (KZ-1) treats helpless persons as victims of crime. 

The article analyses the mechanisms EU uses to guarantee cybersecurity within its Common Foreign and Security Policy. The complex institutional structure of the EU, along with the specific status of the Common Foreign and Security Policy within it, and the lack of competence, make it difficult, if not impossible, for the EU to become a coherent actor in the field of cybersecurity. 

Pitamic’s contribution to the understanding of law ranges between the meth- odological purity of legal science and an integral conception of law. The methodological purity demands that one avoids mixing different thinking methods, at the same time, however, law as a pure normative structure must also have adequate material prerequisites. The essential elements of an integral conception of law are order and humaneness. The task of law is that, by regulating external human behaviour, it "ensures that people in a community live as human persons.” Pitamic’s challenge opens very broad creative possibilities. For the author of this paper, it is of special importance that Pitamic’s theory also fecundates the modern theory of argumentation in law. The methodological pluralism makes it possible to accept the theory of graduated legal order and to treat it contentually. It is of decisive importance to differentiate between the legal text and the understanding thereof. Acting in a responsible manner, one cannot avoid the arguments of understanding. The work of a lawyer is creative, yet it also burdens him with responsibility that has to be borne.

The judge or any other decision-maker must be aware that, as Pitamic would say, Hominum causa omne ius constitutum. If we deviate from this route, we betray law and nature. If we remain on this course, we can contribute – sometimes more and sometimes less – to the rule of law. It would be naive to think that we shall reach the Golden Age the poet Ovid was talking about, but it is realistic to think that we shall be able to live reasonably securely.

Keywords: understanding of law, pure theory of law, methodological purity, methodological pluralism, order, humaneness, Leonid Pitamic, reaction to the challenge of Leonid Pitamic.

The author describes the path that led to the founding of the Slovenian Law Faculty and briefly summarises its past work and the influence it had on the development of the Slovenian legal culture. He concludes with a vision of the future and tries to answer the question of what the legal studies will have to look like in the digital era.

Keywords: law faculty, Danilo Majaron, legal studies, law.

Due to the coronavirus outbreak and the following pandemic announcement, many tourists had to cancel their journeys. Tourism is severely affected by the coronavirus crisis, which brings many challenges for the consumer protection in this area as well. The author discusses the legal position and the rights of consumers in the field of air transport, package travels and hotel accommoda- tion, thereby focusing on typical situations, which tourists are facing in the time of pandemic. The author examines problems concerning consumer pro- tection that have arisen due to mass cancellations of tourist services and which may be brought before the courts in the future. In the light of the foregoing, the author analyses the legal position of a Slovenian consumer in different phases of the pandemic and proposes solutions of possible future disputes.

Keywords: tourist contracts, package travel, air transport, liability of a tour operator, consumer protection, unfair contract terms, change of circumstances, withdrawal from a contract, pandemic, coronavirus.

Freedom of the press and journalistic freedom are at the core of the freedom of expression as a fundamental human right and democratic value. Its impor- tance for democracy appears obvious and indisputable. It presupposes the right of public to be informed, which stands in the function of democratic con- trol over the state powers. Among the most important elements of free press and journalistic freedom stands the journalists’ right to protect their sources of information. Even though the legal and judicial recognition and protection of this rights is not new, and the same goes for the problem of the so-called chilling effect produced by the intrusions in such right one must not consider it as a self-evident matter, or as a finally resolved concept. Firstly, because in- fringement of this right occurs daily. Secondly, because its dimensions and em- phases are in constant flux due to different circumstances and particularities of concrete cases at hand. Thirdly, effective legal protection and quality exercise of such right rests on determining the exceptions when the intrusion is legally acceptable and the criteria for such deeds. This observation arises from judicial decision-making, especially the ECHR case-law, which is analysed in this ar- ticle. The decision of the Supreme Court of the Republic of Slovenia should be observed in such a spirit since it represents the first judicial conceptualisation of discussed right in Slovenian legal system. The author concludes by doctrinal assessment on the extension and limits of this right.

Keywords: freedom of expression, freedom of the press, rights of journalists, protection of journalist sources, chilling effect.

The mechanism of overriding decision stipulated in Article 11(6–8) of Brussels II bis Regulation was argued to be an upgrade of the return mechanism laid down in the 1980 Hague Convention on Civil Aspects of International Child Abduction aiming at strengthening the Convention. The mechanism in Article 11(6–8) enables "second chance” decisions in cases of issuing the non-return order by guaranteeing a court of child’s habitual residence immediately before the removal to decide again on the child’s return, using the "extension proce- dure”. By establishing such mechanism, the EU not only raises the question of mutual trust principle, but also remodels the Convention’s basic aim, i.e. to pursue the best interest of the child. A positive impact of the mechanism can be attained (only) in the case where the provisional measure is acting as the "overriding” decision, however not without affecting the mutual trust princi- ple. The Recast Brussels II bis Regulation prevents the use of provisional mea- sures as "overriding” decisions and thus exposes the main goal of the mechani- sm, which is to guarantee the final decision to the court of habitual residence, even though it may, by doing so, hinder the efforts in pursuing the best interest of the child and efforts to build mutual trust among the national courts.

Keywords: The Hague Convention on the Civil Aspects of International Child Abduction, Mechanism of overriding decision, Article 11 of the Brussels II bis Regulation, provisional measure, enforcement, mutual trust.

The story of Professor Jože Goričar (1907–1985) is a story of a lawyer who, through the world of law practice, delved into the broader field of social sci- ences, and in a crucial period of post-war construction followed an internal tendency that lead him to the profession of university teacher in the fledg- ling field of sociology. He laid the foundations of Slovenian sociological sci- ence and made a significant contribution to the rise of sociology as a scientific discipline through decades of academic work as an outstanding educationist and mentor to many young sociologists. Professor Goričar best embodies the pioneering generation of sociologists who, in the post-war period, paved the way for sociological science in our academic milieu and served as a source of inspiration to all who had just embarked on this journey. The article attempts to outline his life and work and highlight some of the significant achievements of Goričar’s pedagogical and scholarly contribution. It concludes by taking a closer look at his understanding of becoming and withering away of the law.

Keywords: Jože Goričar, sociology, law, Faculty of Law, 100th anniversary, withering away of the law.

The text is an in memoriam for Vida Šibenik (1944–2020), a long years ma- nager of the GV Publishing House Ltd. and the main organiser of the annual Days of the Slovenian Jurists event. In addition, throughout her career, Mrs. Šibenik held official positions in various law societies.

Keywords: Vida Šibenik, in memoriam, publishing, death, lawyer’s society, Association of the Iurist’s Societies of Slovenia, Association of the Commercial Law Societies of Slovenia.

The author presents and analyses the relationship between creditor’s and debtor’s rights in the enforcement procedure with an emphasis on the role of the state. On the creditor’s side, both a violation of the right to enforcement as one of the elements of the right to trial and also a violation of the right to pea- ceful enjoyment of property may occur. On the debtor’s side, both a violation of the right to peaceful enjoyment of property, and in reference to interference with home, a violation of the right to respect for private and family life may occur. The enforcement procedure must in theory be oriented in favour of the creditor and his right to enforcement, whereas the debtor’s protection is pro- vided by law, both substantially (restrictions and exemptions of enforcement) and procedurally (possibilities of filing objections and other legal remedies). The author determines the boundary between the efficiency of the enforce- ment and the protection of the debtor’s rights after the consultation of the Eu- ropean Court of Human rights (ECtHR) case-law. The state plays a key role, as it must ensure an effective enforcement system while providing debtors with adequate protection. The ECtHR sets the creditor’s repayment as the goal of enforcement and the debtor’s rights as restrictions on enforcement. Moreover, the ECtHR imposes a regulation of these relations on the state due to its coer- cive monopoly, leaving it with a wide margin of discretion.

Keywords: enforcement proceedings, right to trial, right to enforcement, right to peaceful enjoyment of property, right to respect for private life and family life, proportionality.

The fundamental problem with employment of persons on the farm stems from the lack of legal status of the farm. According to Article 4 of the Slovenian Agriculture Act, a farm is defined as a form of agricultural holding, which, however, does not have its legal subjectivity. Although agriculture is defined in the Agriculture Act as a form of agricultural holding, it is not disputed that it is a sui generis entity, since it is not a legal entity. The author analyses whether a farm can have an employer status in the employment of persons on farms and identifies opened issues regarding farm employment.

Keywords: employment, work on the farm, employer, farmer, farm, agricultural holdings, status and legal aspect of the farm.

Succession of states means the replacement of a state by another in the respon- sibility for the international relations of a particular territory. In the event of any territorial change, the question arises as to whether the rights and obliga- tions associated with that territory disappear or are transferred to the state to which the territory has been transferred. Older international legal theories re- jected the possibility of succession of rights and obligations, which applied not only to international responsibility but also to other matters of succession. Mo- dern practice, however, shows, that many of these theories are now redundant due to a different practice. Nevertheless, significant number of international law experts reject the possibility of succession to international responsibility and justify this with a rule of the law of international responsibility that "every internationally wrongful act of a State entails the international responsibility of that State”. Since the successor state is not that state within the meaning of the rule, the law of international responsibility appears to place an impenetrable wall in front of the possibility of the successor state succeeding to international responsibility. Based on the basic principles of the law of international respon- sibility and the law of succession of states, the article demonstrates that the law of international responsibility allows for the possibility for the successor State to be responsible for illegal acts committed before the date of the succession.

Keywords: State succession, international responsibility, succession of international responsibility, predecessor State, successor State.

The objective of statutory regulations in international maritime conventions is to create a fair balance between carrier’s and cargo interest by defining the carrier’s liability regime. At the core of the carrier’s liability regime is the basis of carrier’s liability and the allocation of burden (onus) of proof. Article 4 of the Hamburg Rules provides the carrier liability for the loss or of damage to the goods as well as the delay in delivery. The Hamburg Rules make fundamen- tal changes to the basic rules on allocation of risks between cargo owners and carriers provided by the Brussels Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1924 (also known as the Hague Rules), the Hague rules amended with the 1968 Visby Protocol and the SDR protocol of 1979 (the Hague-Visby Rules). For instance, it has abolished the traditional exoneration for nautical fault and fault in the management of ship and chan- ged the way exemption of fire is invoked. Yet, the system of the presumed fault has remained the single basis of carrier’s liability under its Article 5. It has abo- lished the catalogue of exonerations under Article IV (2) of the Hague-Visby Rules. By so doing, it changed the system of carrier’s liability from "incomplete fault liability system” to "complete fault liability system”. The article analyses the basis of liability of a sea carrier and the burden of proof as modified under the Hamburg Rules.

Keywords: carrier’s liability, burden of proof, carriage of goods by sea, the Hamburg Rules, maritime conventions, maritime law.

Professor Gorazd Kušej (1907–1985) laid the foundations of Slovene legal the- ory and legal terminology through decades of academic work at the Faculty of Law (University of Ljubljana). Belonging to the first generations of students at the newly founded faculty, Kušej quickly began his academic ascent. He was an active faculty member in the Kingdom of Yugoslavia, during the Second World War and in socialist Yugoslavia: he witnessed several profound social and po- litical transformations which undoubtedly impacted his academic opus. Not only was he a distinguished professor that taught generations of future law- yers, he was also an important member of international academic community and an influential constitutional lawyer. This article takes a closer look at his biography and the lasting influence of his work. Furthermore, the article en- gages with his dedication to democracy and its entanglement within historical context. To illustrate this, the article reviews his publications regarding demo- cratic ideal written in diverse ideological settings: withering liberal democracy, fascist occupation and socialism.

Keywords: Gorazd Kušej, legal theory, democracy, ideology, Faculty of Law, University of Ljubljana.

New president of the Association of the Slovenian Jurists Societies is a pro- fessor at the University of Ljubljana Faculty of Law Miha Juhart, PhD. Vice-

-president remains the same as before, Franci Gerbec, as well as its Secretary General, Boštjan Koritnik. The new Treasurer instead of the late Vida Šibenik is Branka Neffat. The former President Lojze Ude, PhD, who lead the Associa- tion for 16 years, was declared Honourable President.

Keywords: Association of the Slovenian Jurists Societies, president, vice-president, secretary general, treasurer.

The text is an in memoriam for Karlo Primožič, PhD (1939–2020), a Slove- nian native and a lawyer in Italy, a member of the editorial board of the jour- nal Odvetnik (Lawyer) – published by the Slovenian Bar – for more than 20 years. He was among the first lawyers on the Italian side of the border who in the 1970s began with the procedures of turning primarily Slovenian surnames back to Slovenian forms from their Italian versions.

Keywords: Karlo Primožič, in memoriam, death, journal Odvetnik (Lawyer), Slovenian Bar.

The article presents the adoption of the Code of Ethics for Deputies of the National Assembly. Codes of conduct for members of parliaments are in place in several European and non-European countries and only differ with regard to the approaches taken in their formulation and integration into legal rules or acts. Although various institutions have been drawing attention to the neces- sity of adopting ethical rules for many years, the Code of Ethics for Deputies of the National Assembly was only adopted this year. The Code was discussed by the Council of the President of the National Assembly on 12 June 2020 and adopted by more than a two-thirds majority vote. The Code mandates a soci- ally acceptable conduct of deputies as representatives of the people. It is a set of principles that the deputies must adhere to, such as reputation and integrity, loyalty, justice and fairness, responsibility, dignity and respect. Any violation thereof is discussed by the Council of the President of the National Assembly, which may also impose sanctions on the deputies violating the Code.

Keywords: integrity, ethics, code of ethics, ethnical rules and principles, deputies, National Assembly.

In Slovenian legal order, the general rules of civil law regulating unjust en- richment have been applied since 1983 for the reimbursement of receivables from the Pension and Disability Insurance Institute concerning overpayments from related insurance. It is a relatively simple legal solution, which in practice, however, causes ample ambiguity and complications due to the unclear demar- cation between administrative and civil law. The author discusses the question of the circumstances in which the insured, as the recipient of such overpay- ments, would be successful in the case of a reparation claim of the Institute by referring either to the basic principle of enrichment law volenti non fit iniuria or by using the objection of disenrichment. Based on a detailed review of the case law of both the Court of Justice of the European Union and the European Court of Human Rights, the issue of the consequences of insufficient diligence of the Institute as a public law body in exercising its administrative powers is also addressed.

Keywords: law of obligations, administrative law, damages, unjust enrichment, unjust enrichment claim, enrichment, impoverishment, pension, disenrichment.

The existence of prostitution is in large part maintained by the demand for it. There are two persons involved in prostitution—the client and the prostitute. The reasons for their cooperation are different. As a rule, the client expects pleasure, the prostitute benefit. Third parties (intermediary, exploiter) in relation to these two persons cannot be connected with sexuality, but exclusively with the conscious exploitation of a sexual act. According to Slovenian legislature, abuse of prostitution and trafficking in human beings for the purpose of exploiting prostitution is a criminal offence. According to the provisions of Article 37 of the Obligations Code it is unlawful to enter into contracts for the abuse or exploitation of prostitution. The most known forms of abuse of prostitution are procuring prostitution and exploitation of prostitution in a brothel, when the exploiter of prostitution receives payment. According to the content of Article 175 of the Criminal Code and the principle of legality, in the Republic of Slovenia any participation of a third person with the purpose of obtaining payment for prostitution of a prostitute is defined as a criminal offence. According to the legislator, the aspect of exploitation is not bound to a certain financial value or to the share of the earnings, nor to the purpose of protecting the personal autonomy (choice) of the prostitute. In economic exploitation of prostitution in the form of procuring prostitution or serving as an agent in prostitution, restricting the personal freedom of the prostitute or any other similar use of duress are not the elements of a criminal offence.

Keywords: principle of legality, elements of a criminal offence, trafficking in human beings for the purpose of exploitation of prostitution, forced prostitution, abuse or exploitation of prostitution, prostitution, prostitute, autonomy, client, participation in the exploitation of prostitution, procuring prostitution, serving as an agent in prostitution, abuse of a position of vulnerability.

Determining whether a criminal offence is continuous is not only a topic of interest to the doctrine. It is also of great importance to case-law. Whether such a criminal offence is completed is a critical question in relation to a continuous criminal offence. Only the latter distinguishes between two types of completion: formal and substantive. The precise definition of the moment of completion has several significant practical implications and it is also especially important to delimitate between an attempt and a completed criminal offence; it is important for estimating the possibility of voluntary resignation; it dictates the moment until when it is possible for participants to join the perpetrator; it also answers the question until when a defence against such a criminal offence is possible and when the period of the limitation of criminal prosecution starts. Misclassifying a continuous crime as an instantaneous criminal offence (and vice versa) can have very absurd consequences, such as not recognising a kidnapped victim as being entitled to a defence. Despite the fact that much has been written about a continuous criminal offence, both in domestic and foreign professional literature, the use of this institute poses difficulties in case- law, and partly in doctrine, too.

Keywords: substantivecriminallaw, continuouscriminaloffence, instantaneous criminal offence, substantive and formal completion of a criminal offence.

International and national civil aviation have been linked with a confidence. The term of confidence is a safe and secure civil aviation. Today the internatio- nal and national civil aviation have been threatened by the illegal interference. The author wishes to answer the question whether cyber operations are arms in terms of Article 3bis of the Convention on International Civil Aviation whi- ch prohibits to the Member States the use of weapons against civil aircrafts in flight. The Convention does not provide the precise meaning of the term arms. Therefore, there is a need to examine closely the effects of misuse of cyber operations on civil aviation in the sense of components which could certify a thesis that the cyber operations are arms.

Keywords: Article 3bis of the Convention on International Civil Aviation, cy- ber operations, arms, safety and security of civil aviation.

The contribution is a report from the election meeting of the Sports Law Society of Slovenia, where the new management was elected and a report on the activities in the past 4 years was presented. The old/new president is Boštjan Koritnik. The supervisory board has three members (Vesna Bergant Rakočević, PhD, Irena Ilešič Čujovič and Tone Jagodic, PhD), the same as the disciplinary commission (Igor Angelovski, Simona Volaj Rakušček and Saša Zagorc, PhD). The executive committee has five members: Boštjan Koritnik as the president, Jernej Podlipnik, PhD, and Rožle Prezelj as members, Eva Mustar as the new secretary general and Anita Husak as the old/new treasurer of the Society.

Keywords: society, sports law, elections, sport and law, Association of the Slovenian Jurists’ Societies.

The article is a review of the scientific monograph Sports and Law, which was published this summer and was edited by Vesna Bergant Rakočević, PhD. The book presents the rapid development of sports law in the ten years that have passed since the publication of the last book dedicated to this legal field in Slovenia. It consists of eleven chapters written by seventeen authors, dealing with the legal basis of competitive sport and its organisation, the issue of sport autonomy, liability in sport, the emergence of sport in European Union law, the marketing of the image of athletes, the social rights of athletes and coach- es, sponsorship and endorsement in sport, television rights, the prevention of doping and the resolution of sports disputes before the Court of Arbitration for Sport.

Keywords: sport, sports law, autonomy of sport, sports organisations, damages liability, sponsorship, endorsement, doping, sports arbitration.

The system of legal norms has a double function in society. On the one hand, it appears as an instrument of social control and settlement of conflicts and as such ensures certain stability. On the other hand, legal norms are also an agent of social change. This innovative function of the legal system is observable par- ticularly following a social revolution, when political and economic relation and social values in society have change. Social changes in Slovenia after 1990 were going on at the highest speed on the political level, and more slowly in the economic area, although economic reasons—low productivity of the socialist economic system with state and social property—were primarily responsible for political changes. These were followed by alterations of prevailing patterns of social behaviour, determined by legal and other norms. The stated changes were slowest in the area of social consciousness and actual internalisation of new social values.

Keywords: revolution, legal system, continuity, dialectics, legitimacy, normative integration.

At the time of the COVID-19 pandemic spread, state authorities may introduce various measures and activities to protect public health. The effective response to the COVID-19 pandemic requires the increased interference of authorities with the privacy of individuals. The author presents the provisions of the most important international legal documents regulating protection of personal data and right on individual on privacy (as a fundamental human right). Enjoying certain human rights without limitations could collide with interests of a society as a whole, or with same or similar rights of others, rights that also need to be protected. This is why existence of limitations (for example: the right of privacy) in international human rights instruments are considered to be reasonable and justified, but they must be based on law (and be in accordance with the Constitution, which was not respected in Slovenia, also with regard to freedom of movement and assembly) and proportionate to the legitimate aim of protection of public health. In the article, the author critically analyses the constitutionality and legality of decisions of state bodies and their impact on fundamental human rights and freedoms in relation to SARS- CoV-2 virus, which causes the disease COVID-19. Slovenia has undertaken several measures that limit the privacy during pandemic. The measure taken by the Slovenian authorities in the form of a mobile application for informing about contacts with those infected with SARS-CoV-2 virus and persons who have been quarantined is disproportionate (it seems to lack some important safeguards explicitly invoked recently by relevant institutions and bodies of the European Union and the Council of Europe).

Keywords: the right of privacy, personal data protection, human rights, derogation and facultative limitations of human rights, European Convention on Human Rights, European Court of Human Rights, COVID-19 disease, constitutionality.

The doctrine of an unconstitutional constitutional amendment is considered a special, controversial topic of constitutional law theory. In recent years, several books have been written and published on this topic. The author emphasises that in the last twenty years he has not significantly changed his view of this doctrine and its constitutional applicability. The article outlines the develop- ment of this doctrine and the problem of rejecting any serious discussion of this doctrine in the domestic legal environment. He draws attention to the fact that the Slovenian Constitutional Court continues to reject this doctrine with- out providing a single sentence on the reasons—argumentation. The article concludes with an indication of the cases in which, in the author’s opinion, this doctrine should be applied.

Keywords: unconstitutional constitutional amendment doctrine, constitutional court, Council of Europe Member States, foundational constitutional democracy, constitution.

The authors analyse in detail some as of yet shrouded dimensions of the crimi- nal offence of business fraud as incriminated in Article 228 of the Slovenian Criminal Code. Therefore, they enable one to make an authentic view of the contradictory nature of the discussed criminal offence. The absence of the causal nexus between concealment or transfer of certain facts, and a transfer of wealth inevitably means that the discussed criminal offence partly suits the criminal offence of embezzlement, rather than that of fraud. The object which the discussed criminal offence endangers (or harms) is, therefore, besides the wealth of the another, the confidentiality of the business relationship between the parties. The authors also discuss dilemmas that may be derived from the specific understanding of harm inflicted on another’s wealth as an element of the criminal offence of business fraud, and also with questions regarding the moment of its realisation. Sometimes, the authors also seek arguments for their conclusions in examples from Anglo-Saxon legal systems, which are—when compared to ours—completely different. It is finally necessary to emphasise that certain authors’ conclusions, together with some older ones, accordantly question the conformity of the discussed incrimination with the constitutional principle lex certa.

Keywords: business fraud, fraud, embezzlement, another’s wealth, confidential relationships, making off without payment, prohibited consequence, perpetrator’s act, objective condition of criminalisation.

On 26 February 2020, the German Federal Constitutional Court (Bundesver- fassungsgericht) delivered a judgement, declaring § 217 (prohibition of assisted suicide services) of the German Criminal Code (Strafgesetzbuch) void. Both the disputed prohibition as well as the judgement, recognising it for uncon- stitutional, sparked an intense dispute in the general and professional pub- lic alike, unveiling its fragile moral and ethical basis making this dilemma so politically intriguing. The authors present the theoretical dogma and relevant circumstances of the judgement, stressing its applicability in Slovene crimi- nal law, where such debates over the current criminal regulation of assisted suicide, execution by demand and euthanasia are being called into question regularly, fuelled by opposing political beliefs.

Keywords: Slovenia, Germany, manslaughter, suicide, euthanasia, Strafgesetzbuch.

The authors share their experience from the Regional Moot Court Competi- tion regarding the knowledge of the European Convention on Human Rights, where they won first place this year. In doing so, they highlight the most sig- nificant legal issues related to international environmental issues. Finally, the competitors also share their impressions of the preparation for the competi- tion during the COVID-19 lockdown.

Keywords: first place, moot court, ECHR, international environmental law, COVID-19.

The article is a review of the work "Obligations, the General Provisions: A Com- mentary on the General Provisions of the Obligations Code”, which was pub- lished this November. Dr. Nina Plavšak edited and authored the commentary, along with the co-authors prof. dr. Miha Juhart and prof. dr. Renato Vrenčur. As opposed to being conventionally divided based on the Code’s articles, the commentary’s texts have been arranged into consolidated sections of material, which follow the systematics of the Code’s general provisions. The volume in- cludes a comprehensive commentary on the Code’s general provisions—rang- ing from the prerequisites to formation of an obligational relationship, classi- fied according to legal bases, to the various sets of legal facts, which cause the extinguishment of an obligation and those which cause changes to creditors and obligors. Following are chapters on the general provisions’ specific frame- works for certain types of obligations (Monetary obligations, Obligations with multiple performances (objects) and Obligations with multiple creditors and debtors), and finally, two chapters out of the Code’s specific contracts volume (Surety and Payment Order (Assignation)).

Keywords: civil law, law of obligations, general provisions of the law of obligations, commentary on the general provisions of the Obligations Code.

In the contribution, triggered by the Covid-19 epidemic in Slovenia, the authors examine the lively relationship between law and medicine in the case of triage or emergency medicine. With only brief referral to key criminal and civil law challenges, which they leave aside for experts in their respective fields, they try to determine the boundaries of lawful conduct of physicians and other medical professionals by interpreting relevant provisions of Slovenian Health Services Act, Medical Practitioners Act, and Patients’ Rights Act. The authors focus on hard cases of triage, in which rejection or postponement of (parti- cular) medical care may lead not only to severe or irreversible interferences with the right to health, but also to the patient’s death. They do not specifical- ly address the provisions of the Healthcare and Health Insurance Act as they deem the sheer mention of the fact that any limitation of the right to medical services of a compulsorily insured person may represent a breach of rights and obligations stipulated within a social-insurance relationship as sufficient for this debate.

Keywords: triage, epidemic, right to health, right to life, human dignity.

The author presents the leading theories of the European integration, which have as ideational roadmaps steered the process of integration. The theories are divided into three groups: international law theories, statist theories and the sui generis theories in between. They have all impacted on the process of the European integration, even if not to the same extent. Over the last decade, as the European Union has been riddled by many crises, these theories have also served as a stepping stone for the development of the visions of the future of the EU. The international law theory has thus engendered the status quo ante political vision; sui generis theories breathed life into the status quo vision, while the reformed EU constitutionalism undergirds the reformist political vision of the EU. The latter, which should give rise also to the political union necessary for a democratic legitimation of the competences that the EU cur- rently has and is yet to receive has clear descriptive, explanatory and normative advantages over the alternative political visions of the EU and their underlying theories. Provided, of course, that the EU develops into a union of 27 Mem- ber States and the supranational level connected into a non-statist federation. This type of constitutional construction necessitates for its efficient and viable functioning a rigorous integral theory for the future of the EU. It is the latter’s development that presents the greatest intellectual challenge in the field of EU law and politics.

Keywords: European Union, theories of European integration, international law, state, sui generis nature of EU, federalism, constitutionalism, integral theory of the future of the EU.

The authors analyse the conception of the constitutional principle of separation of powers in the recent decision of the Constitutional Court of the Republic of Slovenia in the PIC case (U-I-194/19). The authors suggest that the reasoning of the Constitutional Court rests on a method of application of the principle of separation of powers which they designate as "the typical functions doctrine”. This doctrine accords a typical function to each of the branches of government and prohibits the other branches from interfering with that function. In deter- mining the content of the typical functions, the doctrine relies on a typology which classifies legal acts on the basis of their general or individual nature and their abstractness or concreteness. The authors then proceed to analyse two aspects of the typical functions doctrine. First, they discuss the potentially broad scope of the doctrine; subsequently, they question its understanding of the typical function of the executive branch.

Keywords: constitutional law, the Constitutional Court of the Republic of Slovenia, the principle of separation of powers, the typical functions doctrine, the executive branch.

The authors examine how companies listed on the Ljubljana Stock Exchange’s Prime Market respect human rights in their 2018 annual reports. Thus far, the researchers have not paid particular attention to respect for human rights in the annual reports of corporations registered and listed on the Prime Market of the Ljubljana Stock Exchange. Therefore, the authors aim to fill this gap by examining the situation and identifying opportunities for improvement. The article is divided into five sections. The second part deals with methodological issues. The third part presents and discusses the business and human rights in the 2018 annual reports of the nine corporations listed on the Ljubljana Stock Exchange’s Prime Market, whereas the fourth part analyses the strengths and weaknesses of their annual reports. An examination of the annual reports is certainly only the first, but indispensable, step in improving business and hu- man rights standards both in annual reports and in practice.

Keywords: business and human rights, Ljubljana Stock Exchange, Prime Mar- ket, corporations, annual reports.

The author refers to the increasingly frequent cases when the application and interpretation of international law is required before domestic courts, inclu- ding in the field of human rights implementation. In doing so, she briefly discusses the various possible ways of applying international law before do- mestic courts with the aim of providing horizontally (between courts of the same degree) and vertically (between higher and lower courts) harmonised interpretations, as both application and interpretation of international law by domestic courts contribute to respect for international law in each country and to international legal development and consistent enforcement at the global level. A brief critical-analytical summary of legal regulation and practice in Slovenia is presented, while the conclusions provide some concrete proposals on how the use of international law and human rights law in the Slovenian judicial system could be further strengthened, also in light of ensuring the rule of law at domestic and international level, which is not only in the interest of individuals, which is especially true in ensuring respect for fundamental human rights and freedoms, but also in the strategic interest of the state.

Keywords: international law, human rights, treaties, customary international law, general principles of law, domestic courts.

This contribution is an attempt to illuminate various aspects of the adjudi- cation of conflicts between human rights. The author first argues towards a proper distinction between balancing as a judicial method for resolving such conflicts and the analysis of proportionality stricto sensu in cases concerned with human rights interferences in pursuit of public interest goals. She then ap- proaches a number of problems relating to the determination of the nature of conflicts between human rights and the search for balance between competing human rights. Building upon the case-law of the European Court of Human Rights (ECtHR) and contemporary debates in legal theory on this subject, she argues (1) that the determination of the nature of the conflict between rights is important because it sets the parameters of balancing and (2) that the judicial interpretation of the balance between conflicting rights requires a value-based assessment of the impediment to the enjoyment of one or both rights. Finally, the author looks at the balancing between human rights from the perspective of the relationship between the ECtHR and the domestic courts. This rela- tionship is characterised by, on the one hand, the principle of subsidiarity and the doctrine of margin of appreciation, and, on the other hand, the domestic courts’ obligation to substantiate their decisions which adversely affect human rights on the arguments compatible with the European Convention of Human Rights.

Keywords: European Convention on Human Rights, principle of proportionality, conflict between fundamental rights, balancing, practical concordance, principle of subsidiarity, margin of appreciation.

With historical development, the criminal law outgrew the relationship be- tween the victim and the perpetrator. Criminal offences have become viola- tions of fundamental social values and the response to them became reserved for the state. The victim, which once made its own decision about the punitive response, thus remained particularly the source of information for procedural authorities. The poor position of victims of crime was pointed out by move- ments for the rights of victims of crime, which encouraged reforms of criminal procedures. In Europe, the Council of Europe and the European Union stood up for the strengthening of the position of victims of crime. The author exam- ines rights, which allow the victim to (more actively) participate in the crimi- nal procedure. Such inclusion of the victim into the criminal procedure and consequently strengthening of its position is generally followed by a discussion about the impact of reforms on the fundamental principles of the criminal procedure and the traditional procedural relationships. In the Slovenian regu- lation it has recently transformed into an argumentation of the Constitutional Court of the Republic of Slovenia, which decided that the victim was entitled to the right to appeal in order to protect its procedural rights. An additional step towards the empowerment of the victim was made by the Slovenian leg- islator, when it broadened the victim’s right to appeal against the judgement.

Keywords: criminal procedural law, victim, participation in a criminal proceeding, the victims’ rights directive, ZKP-N.

The author critically analyses the constitutionality and legality of decisions of state bodies, the most important (for example Ordinance on the Temporary Prohibition of the Gathering of People at Public Meetings at Public Events and Other Events in Public Places in the Republic of Slovenia and Prohibition of Movement Outside the Municipalities, Ordinance on the Temporary Par- tial Restriction of Movement of People and on the Restriction or Prohibition of Gathering of People to Prevent the Spread of COVID-19, etc.) also from the perspective of certain international legal documents dealing with the issue and their impact on fundamental human rights and freedoms in relation to the SARS-CoV-2 virus, which causes the disease COVID-19. Enjoying cer- tain human rights without limitations could collide with interests of a society as a whole, or with same or similar rights of others, rights that also need to be protected. This is why existence of limitations (derogation and facultative limitations) in international human rights instruments are considered to be reasonable and justified, but they must be lawful, legitimate and proportionate. Special attention is given to the European Convention on Human Rights in the interpretation of the European Court of Human Rights. With respect to the measures taken that deviate from human rights, an explicitly repressive appro- ach is observable which entailed lengthy time intervals of suspension of the freedom of movement. Finally, the violation of temporary restriction or pro- hibition of the gathering (or movement) of people at public places and areas in the Republic of Slovenia, which is currently in force in Republic of Slovenia cannot constitute the criminal offence under Article 177 of the Criminal Code of Republic of Slovenia (and also not a minor offence).

Keywords: constitutionality, legality, human rights, derogation and facultative limitations of human rights, European Convention on Human Rights, European Court of Human Rights, the SARS-CoV-2 virus, the COVID-19 disease, criminal offence, minor offence.

The article is a review of the book Rhetoric 101 – Part II. Topics focus on rhetorical theory and rhetorical skills. Attention is paid to the elements of ev- ery speech. These are ethos, pathos, and logic. The chapters also discuss the language, legal expression and personality of the speaker. For the teaching of rhetoric and the practice of oratory, therefore, the book presented is a good foundation and guide.

Keywords: rhetoric, language, ethos, pathos, logic, skill.

At the electoral assembly of the Association of Commercial Law Societies of Slovenia, Etelka Korpič-Horvat, PhD, was elected to be the new president of the Association. She will be provided all the necessary support in managing the Association by three vice-presidents (former president Darja Senčur Pe- ček, PhD, Branka Neffat and Franci Gerbec) and also the old/new secretary general Maja Habjanič and the treasurer Boštjan Koritnik.

Keywords: law, societies, association, electoral assembly, Slovenia.