The author discusses the research issue, i.e., if the implementation of ECtHR judgments in Slovenia should not be limited only to concrete (inter partes) en- forcement of final ECtHR judgments in which the state was convicted and that takes place under the supervision of the Committee of Ministers. Shouldn’t we be discussing a broader binding legal approach intended to ensure respect for human rights of individuals in other similar cases in proceedings before the Slovenian authorities? The author concludes that the obligation to take into account the ECtHR’s interpretation of human rights from the entire body of case-law is legally binding for all state bodies in Slovenia. This obligation of res interpretata originates firstly from the ECHR and case-law of the ECtHR and secondly from the Constitution of the Republic of Slovenia and the constituti- onal case-law of the Constitutional Court.

Key words: res interpretata, implementation of judgments of the European Court of Human Rights, judicial branch of the government, Constitution of the Republic of Slovenia, exceptio illegalis, constitutional principle of the maximum protection of human rights, ECHR.

The article discusses modern challenges of international space law, which are the consequence of heightened space activities, loose formulations of space law treaties, increasingly complex legal transactions regarding space activities, and a general technological progress. The latter has prompted increasing desi- res for the commercialisation of outer space (for example satellite navigation, satellite telecommunication, commercial flights to outer space, space mining, space tourism) prompting evaluations on, for example, legality of space mining and appropriation of space natural resources in connection to the legal status of those mined resources, or questions concerning the ownership and con- trol over permanent space bases enabling commercial activities in outer space. Furthermore, the article offers up an international legal appraisal of the legal transactions that are, according to publicly accessible records, being concluded between some States regarding the transfer of ownership in objects already in outer space. Moreover, it addresses legal dilemmas concerning the military use of outer space, the hierarchy between astronauts and the imprecise legal stan- dard of harmful contamination of outer space in respect of the international legal prohibition of environmental contamination. Finally, the article touches on the first draft of the Slovenian Law on the supervision of space activity.

Key words: space law, Outer Space, space mining, commercialisation, space object, ownership in Outer Space, liability, military use of Outer Space, astronauts, contamination of Outer Space.

From 25th to 27th March 2021, students form University of Ljubljana’s Faculty of Law once again took part in a prestigious international competition in Eu- ropean Union law (European Law Moot Court). Due to the pandemic restric- tions, the competition was held via the Zoom platform. This year, the moot co- vered complex competition and asylum law issues. The case assessed whether the production of vaccines against a virus that caused a pandemic was in line with EU competition law, whereas in the second part, it touched upon selec- ted issues of asylum law and the principle of non-refoulement. The analyzed questions were not only interesting for the students but are of general public importance. The team of the Faculty of Law once again achieved great results and placed 3rd to 4th in the Advocate General category and 5th to 8th in the team category.

Keywords: ELMC, European Union law, competition law, asylum law, international competition, students.

The article is a review of the book Land Register Act (ZZK-1) with the Amend- ment ZZK-1E, Extended Introductory Notes by the authors Nina Plavšak, PhD, and Prof. Renato Vrenčur, PhD. The authors systematically interpret the changes to the current rules of the Slovenian Land Register Act (ZZK-1) im- plemented through the amendment ZZK-1E. In addition to professionalism, the work is distinguished by its extraordinary systematicity and accuracy in presenting the topics discussed. The first section is very transparent and prac- tical, in which the authors classify all the changes brought about by the amend- ment ZZK-1E under the institutes to which they refer. The work also includes a schematic presentation of changes in the overview table allowing the read- ers to quickly determine which articles of the amendment change the current rules of ZZK-1, and directs them to the respective section of the book dealing with the substance of each change.

Key words: property law, Land Register Act, introductory notes.

Professor Emeritus Ljubo Bavcon, PhD (1924–2021) strongly imprinted our time as a university teacher, a renowned researcher in Slovenia and abroad, a committed public intellectual who responded independently and originally to his time and conditions in it. A man who has always advocated respect for human rights, introduced the concept and meaning of these rights into the Slovenian legal and broader social space and significantly contributed to its implementation. He was a staunch opponent of the death penalty and made this public 50 years ago. Undoubtedly, it is mainly due to him that no death sentences were carried out in Slovenia after 1957.

Key words: obituary, Ljubo Bavcon, criminal law, criminology, death penalty.

The article offers a new account of the rule of law, revising previous view and criticising some alternatives. It focuses on the rule of law’s aim to avoid arbi- trary government, and on its relation to the essential functions of government. The rule of law requires that government action will manifest an intention to protect and advance the interests of the governed. As such, it is almost a necessary condition for the law’s ability to meet other moral demands, and it facilitates coordination and cooperation internally and internationally.

Key words: rule of law, virtue of law, arbitrary government, discretion, government as custodian.

Hardly any field of expertise possess, produces and analyses such amount of content diverse information as law. In the past decade, we have witnessed accelerated digitalisation of different legal sources. Not only that digitalisation enabled and shortened access time to increased range of its users, but it also enabled exponential development of interdisciplinary legal field called legal analytics. As a scientific discipline, legal analytics studies data patterns, data connections and data relations among various legal sources. Legal analytics deals with specific nature of legal data and examines methods of legal data analysis. Moreover, legal analytics is tightly connected with computer science on one the hand and legal argumentation theory on the other. Described data analysis, where machines provide computational examination of data which aims to uncover data connections in large data sets with purpose to solve un- known cases is called machine learning. The purpose of divergent computati- onal supported data analysis is to obtain data structures either for further data management (interim solution) or final contribution to certain legal solution. The utmost goal of such legal data analysis is either content based legal solu- tion (e.g. predicting court decisions) or legal process optimisation (e.g. acqui- ring electronic statement from land registry). In the first part of the article, the author explains basic elements of machine learning, followed by the part dealing with practical aspects of machine supported legal problem-solving.

Key words: legal analytics, data analysis, machine learning, machine learning models, law.

The Holy Quran has categorically specified the rights of a Muslim woman, leav- ing no scope for speculations or misinterpretations. For a practicing Muslim, the Quran and the Hadiths lay down the model chosen by God for the people and this is not subject to change. However, the truth is far from all this propa- ganda against Muslims. Islam is what the Quran says it is. The Holy Quran was revealed to the Prophet Muhammad at a time when the Arab world had gone astray and immorality was widely spread across the Arab nations. When women were not given their due and female babies were being buried alive, Muhammad came with a code that emancipated women like never before and raised her status so high that paradise lies at her feet. The Holy Quran and the Hadiths of the Noble Prophet have given innumerable rights to women, grant- ing protection to their family life as well as their public life.

Key words: Koran, Muhammad, women, woman, rights, Hadiths.

In 2021, students from the University of Ljubljana’s Faculty of Law once again took part in francophone competition in European Convention on Human Rights law (Concours Européen des Droits de l’Homme René Cassin). The key topic of this year’s competition case, the idea for which was based on real events, were children’s rights. In addition to the key topic, the case also touched upon other interesting subjects of the European Convention on Human Rights law, such as the issue of the Court’s jurisdiction ratione temporis and the na- ture of statutes of limitation in criminal law. The team of the Faculty of Law accomplished great achievement as it placed 14th in competition of over 80 (predominantly French) teams.

Key words: Concours Européen des Droits de l’Homme René Cassin, human rights law, European Convention on Human Rights, children’s rights, jurisdiction ratione temporis, statutes of limitation, competition.

In the text, which is a transcript of his speech on the day of constitutionality on 16 December 2021 at the Constitutional Court of the Republic of Slovenia in Ljubljana, the author explains how it came for the conscience to appear in the Slovenian Constitution. Human as a person, as the bearer of his/her personal dignity, is not subordinate to either the State or the Church. Apart from our conscience, we are not originally committed to anything else. Only at the level of mutual relations or relations with the community, formulated at the state level by the Constitution, a person is bound by (ethical) values and legal (norms). In the 1988 "Writers’ Constitution”, the author included in the preamble the sanctity of life, human dignity, fundamental human rights and civil liberties; the text also speaks of freedom and conscientious objection, but there is no oath of conscience. This was the case in the "Demos Constitution” of March 1990. In its Article 100, the "Podvin Constitution” of August 1990 al- ready contains the oath of the President of the Republic and with it the text on conscience, which the author established through confrontations with other members of the working group, i.e.: "I will always work according to my con- science”. In the current Constitution of the Republic of Slovenia, such oath is contained in Article 104.

Key words: conscience, oath, Roman Catholic Church, Constitution, Demos, state, Slovenia.

Even though administrative contracts are not recognised in the Slovene reg- ulatory framework, they have also appeared in this territory: firstly, only in theoretical discussions and later in courts’ case law, which identifies them by relying on legal theory that derives from the French regulation of the admin- istrative contracts. Consequently, numerous contracts can be found in the Slo- vene legal system containing elements of administrative contracts. However, due to the absence of a special public law regulation or insufficient regulation of such contracts, the rules of obligation law are applicable to them. These rules, however, are not adapted to the specifics of such contractual relations, since they do not consider the fact that in administrative contracts a public- law entity does not act only as a contracting party, but above all as a power. Therefore, the author takes the position that the institute of administrative contracts should also be regulated at our normative level.

Key words: contracts of administration, administrative contracts, distinguishing between administrative contracts and other contracts of administration, special publiclaw regime, models of administrative contracts, replacing administrative acts with an administrative contract.

The intertwinement of Roman (civil) law and canon law in the medieval Eu- rope is commonly designated as "both laws” (ius utrumque). Medieval canon law was a universal law, which emerged from ecclesiastical as well as ancient Roman legal sources and was at its core a product of scholastic ecclesiastical science of canon lawyers as well as papal legislation. The article outlines three centuries of development and the core content of ecclesiastical legal collections in the period of the classical age of canonist science (12th−14th centuries). The period is characterised primarily by the private collection of canon sources Decretum Gratiani (1140), the most extensive medieval official codification – Liber Extra (1234) as well as its additions Liber Sextus (1298), Clementinae (1317) and Extravagantes. The mission of the papal legislation was to upgrade Roman law provisions in the light of Gospel and theological teachings. The law-making activity of the Church, resembling the vocation of Roman prae- tor, facilitated the reception Roman law in a society governed by the values of Christian morality.

Key words: Canon law, Roman law, reception of Roman law, Catholic Church, codification, Code of Canon Law, Christianity, Middle Ages.

Only a handful of lawyers exist whose fame transcends enclosed legal circles and transforms them into cultural icons who enjoy almost celebrity status in the society. Ruth Bader Ginsburg was one of those exceptions. Through her work as a lawyer, law professor, and justice, she dedicated an essential part of her career to drawing attention to artificially created ideological and gender divisions, thus contributing to a fairer legal system and society. The authors outline her life and career path that led her to become a professor and lawyer and later a judge of the U.S. Court of Appeal and justice of the Supreme Court.

Key words: Ruth Bader Ginsburg, Supreme Court of the United States, principle of equality, gender discrimination.

On the occasion of the 100th anniversary of the Faculty of Law of the Uni- versity of Ljubljana, the Solemn Academy was organised, which took place on 27 May 2021 in the Gallus Hall of Cankarjev dom in Ljubljana. The head of the Programme and Organising Committee of the Solemn Academy was Professor Katja Škrubej. A series of events in honour of the centenary was concluded with the Solemn Academy, which began in October 2018 with the unveiling of a monument in the main faculty hall in memory of the formation of the first Slovenian government the SHS National Government in Ljubljana. On the same day, the Law Faculty International Forum, under the leadership of Professor Janez Kranjc, organised a round table discussion Challenges and Perspectives of the Highest European Courts, attended by the President of the Court of Justice of the European Union, Professor Koen Lenaerts, and the President of the European Court of Human Rights, Professor Robert Spano. The discussion was led by London attorney Shaheed Fatima QC and NYU professor Joseph H. H. Weiler. The round table discussion was held by videoconference.

Key words: Law Faculty of the University of Ljubljana, solemn academy, Court of Justice of the EU, ECtHR.

There are a large number of different institutions in the world that carry out the comparison of universities and, within these classifications, also the clas- sification by fields of study. Quacquarelli Symonds (QS), Times Higher Ed- ucation (THE) and the Shanghai Ranking (the Academic Ranking of World Universities; ARWU) are generally listed as the three most recognised and reputable ranking systems. High ranking is very important for universities. Especially for those who offer paid programmes and compete with each other for students. It is no surprise, then, that American and English universities mostly top all of the charts. The high ranking is a sign of excellence and quality, which universities emphasise and constantly strive to improve, thus attract- ing domestic and international students. According to the Times’ legal studies ranking in 2022, the University of Ljubljana ranks 69th in the world. A ranking that is more than excellent.

Key words: Quacquarelli Symonds (QS), Times Higher Education (THE), Shanghai Scale, the Academic Ranking of World Universities, ARWU, Faculty of Law, University of Ljubljana, quality, law, study.

The article presents reflections on the changes in the judicial review of environ- mental decisions needed to ensure the compliance of judicial protection with the requirements of the Aarhus Convention. The Committee and the CJEU practice show the need for a further transformation of the understanding of the legal interests of individuals and non-governmental organisations. When arranging judicial protection against the EIA consent and other decisions fall- ing under Article 6 of the Convention, plaintiff shall not be the only one who bears the burden of proof that the violation of procedural provisions has af- fected the decision. In these proceedings, as far as this is not already the case, a requirement of prior cooperation and a limitation to statements and evidence already submitted during the administrative procedure should be waived at least for non-governmental organisations. However, as abandoning the pre- clusion upsets the established balance of the various procedural instruments, some suggestions for possible changes that would again tip the scales towards greater efficiency, are made. The author emphasises that persons belonging to the public concerned (under any of the sectoral rules) should have access to ju- dicial protection against all decisions that constitute an EIA decision on activi- ties affecting the environment and determines some inconsistencies regarding access to justice against preliminary ruling decisions. It concludes with a rec- ommendation for enaction of an exceptionally ex-post environmental impact assessment to establish a possibility to remedy the breach of EU law.

Key words: Aarhus Convention, access to justice, administrative decision on activities affecting the environment, preclusion, public concerned, environmental decision-making.

The author discusses forms of work (the term employment for both contracts of employment and civil law contracts is used) in agriculture. She argues that the agricultural holding, organised as a legal entity, is the predominant legal organisational form of employment in the agricultural sector. The author gives a brief overview of the legal regulation of agricultural workers. In addition to employment contracts under the provisions of the Slovenian Employment Relationship Act (Zakon o delovnih razmerjih – ZDR-1), in the agricultural sector are also possible on the basis of civil law contracts, in particular under the provisions of the Obligations Code (Obligacijski zakonik – OZ). A new form of a civil law contract has been introduced by the Agriculture Act (Zakon o kmetijstvu – ZKme-1). This is a contract for temporary or occasional work, which the author critically assesses from the perspective of its regulation as a civil law contract and its necessity.

Key words: agricultural holding organised as a legal entity, forms of employment temporary or occasional work contract.

Editors Erik Kerševan, PhD., and Professor Polonca Kovač, PhD., and a team of other authors successfully completed the third part of the large project Commentary on the General Administrative Procedure Act. In the third book, the authors updated and expanded commentaries on several articles of the general and special part of the Act, prepared a commentary on two entirely new articles (86a and 306a) and commented on all the changes in the light of the adoption or changes of numerous legal and by-laws in the recent period. It is a project which deserves the title "commentary of an act”. It is exhaustively based on both jurisprudence and theoretical positions regarding this practice. The work deals with important and complex legal issues in an original way and with the appropriate scientific method and use of scientific instruments.

Key words: administrative procedure, General Administrative Procedure Act, serving, commentary.

The Constitutional Court is not the end, but the means that we must properly understand, use and nurture. According to the President of the Constitutional Court of the Republic of Slovenia, this call is primarily addressed at the judges and other judicial staff of the Constitutional Court, who must understand their role as one of responsibility, not power. However, it also addresses all other actors of the legal order: both of the political branches of government, so as to create the appropriate conditions for the work of the Constitutional Court through their normative and budgetary actions; as well as, at least in certain ways, all of the applicants and complainants who lodge their applications at the Constitutional Court.

Key words: Constitutional Court, 30 years, legal order, purpose of law, separation of powers, protection of human rights.

Article presents the case of »Berlin drag race road accident«, in which the Fe- deral Supreme Court of Germany (BGH) created a set of value decision bullet points on which a court should rely when valuing the most extreme negative behaviours in road traffic, especially in the field of mens rea. The core of the article presents arguments that require the court to construct legal intent (do- lus eventualis) with using the circumstances of exposure to self-risk of harm. When this self-hazardous behaviour results in damage to a criminal law good, the court should value the volitional component of dolus eventualis as proven. The other field that requires a construct of dolus eventualis is perpetrator’s mo- tives for the act, in the case that they were considered as utterly discarding (hi- ghering ones self-worth through winning the illegal drag race) from the view of the court, the court should consider that the perpetrator acted with legal intent (dolus eventualis). In the article, the authors also research the problems of meeting qualifying circumstances that constitute murder with legal intent (dolus eventualis). There is also a small-scale comparative research in the field of road traffic criminal law between German and Slovenian road traffic crimi- nal law. Slovenian Penal Code deficits in the field of road traffic criminal law are pointed out.

Key words: criminal substantial law, dolus eventualis, murder, road traffic, illegal drag races, comparative law analysis.