The author discusses the recent theoretical competition law and economics is- sues in light of the 2004 EU competition law enforcement reform. It aligns the US antitrust developments in the academic literature and the judiciary prec- edents with the European efforts to implement a more economic approach to competition law. The transatlantic divide is closing due to converging forces, but the opposition slows down the convergence process in both jurisdictions. The past unchanged case law still limits European competition law reform. However, the empirical analysis demonstrates that the European Commission followed the American example much more than might be concluded only from the wordings of the official texts. The Commission enforcement became more focused on cartels with heavier fines, and the pressure on other compe- tition law subfields, similarly to US antitrust enforcement, relaxed if we em- pirically examine the case-level data. The reform did not cause more litigation because substantive law remained unchanged. Hence, there was no additional legal uncertainty, and in judiciary procedures, firms mainly reacted to higher imposed fines.

Keywords: EU competition law, US antitrust, competition law and economics, 2004 reform, economics-based approach, European Commission, empirical assessment.

The author presents and analyses the options available to the creditor if the debtor fails to pay the debt. The judicial path in which the debts are collected within the state-organised enforcement system is usually more costly and time consuming for the creditor. The author determines that debt collection in the USA is primarily perceived as an activity taking place outside of the court. In principle, the creditor will first try to obtain payment with non-judicial rem- edies, which are: (1) psychological pressure on the debtor and influencing the assessment of the creditworthiness of the debtor, (2) debt collection and debt buying industry (3) secured creditor’s remedy of self-help repossession. The exclusion of the state’s involvement is the most significant element, which is common to all private debt collection methods.

Key words: private debt collection, psychological pressure, credit scoring, debt collection agencies, self-help repossession, secured claims.

David Schultz and Jurij Toplak edited the most thorough printed overview of election law in the world. The Routledge Handbook of Election Law contains 27 chapters by 32 authors from six continents. On 370 pages, it analyses inter- national election law standards and trends in Europe, Asia, Australia, Africa, and the Americas. Most of the chapters comparatively survey topics including election administration, political parties funding, the roles of gender, disabili- ty, and money in elections, and electronic voting. The book review concludes that the volume is the most important comparative book on election law. In addition to its scholarly value, it has a potential to impact the advancement of election laws and practices worldwide.

Key words: election law, comparative law, electoral dispute, courts, book review.

Jože Mencinger was a man with a capital letter: prudent, respectful, kind. As a public intellectual, he presented himself in public with firm and clear posi- tions; he could tell the truth as it is in a precise but conciliatory way, always focused on the matter, not the person. His views were professionally impec- cable and entirely honest. Professional or political opportunism was foreign and unacceptable to him. We will miss his weighty words, his gentle irony, his firmness, uprightness and honesty.

Key words: obituary, in memoriam, Jože Mencinger, economy, University of Ljubljana, Faculty of Law, dean.

In August 2022, academician Professor Jože Mencinger, PhD, one of the pillars of the Ljubljana Faculty of Law for the past 50 years, especially after the inde- pendence of Slovenia, died. He was an important thinker – a contemporary of Slovenian social life, a scientific researcher and a respected and renowned teacher of many generations of iurists. Jože Mencinger was a democrat with a developed social sense, with unchanged high moral and ethical principles throughout his life. By supporting the handicapped, with a strong social sense in all areas of his activity, he personified the principle of justice. He was very kind to students, well-known for helping the homeless of Ljubljana, he stood up for the "erased” and for refugees, and in the world he supported less deve- loped countries in their efforts to escape poverty.

Key words: obituary, in memoriam, Jože Mencinger, economy, University of Ljubljana, Faculty of Law, dean.

The field of labour law is so diverse that we all encounter it in different capa- cities, sometimes in multiple capacities at the same time. Regulation of labour relations on a normative and practical level is critical for legal security, the functioning of the social and rule of law state, and also for prosperity in a purely economic sense; it is, in fact, inextricably linked to the aforementioned "legal values”. More knowledge, and especially knowledge-based dialogue be- tween all stakeholders, including the state, the legislative, executive, and judi- cial authorities, as well as employers and workers, will be required to improve the situation. Notwithstanding, the author remains optimistic.

Key words: labour law, workers, employers, rule of law, social state, values, dialogue.

The article presents a somewhat broader analysis of the U.S. Supreme Court decision in the Hobby Lobby case, by which the court also recognised the right to freedom of religion to (some) corporations. Proceeding from the key em- phases of the legal-theoretical concept of the legal personality of corporations

/ legal persons, it also flirts with positive legal regulation, in the European legal environment as well. In addition to the known theories on the nature of cor- porations / legal persons, it emphasises in particular the assumption of inde- pendence of the latter and the trend of assimilation in the field of legal capac- ity. From the perspective of legal personality as a set of associated rights, the article also touches upon the right to freedom of religion in both legal systems. In addition to positive legal regulations, it stresses the definition of the concept of the term person in the light of freedom of religion, as well as the individual and the collective aspect of the latter. In doing so, it seeks answers to closely related questions of legal theory and positive law about whose right to freedom of religion could be if/when it is invoked by corporations / legal persons (the right of the latter, the right of their owners or perhaps even both), or how this would affect the generally accepted position on the independence of the legal personality of corporations / legal persons and, last but not least, on the under- standing of legal personality in general.

Key words: legal personality, corporation, legal person, the right to religious freedom, Hobby Lobby.

With its obiter dicta decision in the Barcelona Traction case, the International Court of Justice (ICJ) confirmed the existence of erga omnes obligations in international law and thus took an important step towards the recognition of the general interest in international law. However, the Court did not fur- ther pronounce on these obligations in terms of their content, ascertainment, or legal consequences. The author contends, that even though the Barcelona Tractions’s obiter dicta established a Potemkin village in international law, the Court’s pronouncement in this case was nevertheless significant as it acted as a driving force for the development of secondary rules on the enforcement of erga omnes (partes) obligations as enshrined in the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA). Moreover, the Court importantly clarified erga omnes (partes) obligations through its subsequent practice. One of the most significant pronouncements relates to the confirma- tion, that standing for the invocation of responsibility of states in cases of erga omnes (partes) obligations includes a standing of not directly injured states to initiate proceedings against the wrongdoing state before the ICJ, provided that conditions for the jurisdiction of the Court are met. The most recent confirma- tion of this was provided for in the Application of the Convention on the Preven- tion and Punishment of the Crime of Genocide (The Gambia v. Myanmar) case.

Key words: erga omnes obligations, erga omnes partes obligations, general interest, responsibility of states, International Court of Justice, jurisdiction.

In 2020, the publishing house Uradni list Republike Slovenije together with the Faculty of Law of the University of Ljubljana published a commentary on the General Administrative Procedure Act (Zakon o splošnem upravnem postopku – ZUP), edited by Professor Polonca Kovač, PhD, and Erik Kerševan, PhD. The commentary, which was published in two volumes, was a great success among users, as top Slovenian experts participated in it, and with the adoption of the Act on Debureaucratisation (Zakon o debirokratizaciji – ZDeb), which also interfered with the field covered by ZUP a reason arose to upgrade the Com- mentary. In September 2022, both the publisher and the authors added a third volume to the set, in which the authors discuss the changes enacted by the legislature from the first edition to the end of June 2022, taking into account important case law adopted during that time. The third book of the commen- tary was presented to the public at a round table in mid-September.

Key words: ZUP, general administrative procedure, Polonca Kovač, Erik Kerševan, Faculty of Law, University of Ljubljana, Official Gazette of the Republic of Slovenia, debureaucratisation.

When confronted with the brutal aggression against Ukraine and numerous similar attacks on human and national integrity in many countries around the world, including the Balkans, the author asks what Slovenian lawyers can and must do for the survival of Slovenians at home and abroad, each for himself and all together. Are we truly capable of uniting only in the most critical times for the survival of the Slovenian nation, and even then, we witnessed a split, the consequences of which continue to be traumatic even today? Will we re- cognise and be able to overcome the historical divisions between liberals and conservatives on critical social concerns, such as the continual respect and enforcement of constitutionality and legality in the work of all state bodies and public authority holders? Will we apply the essential tenets of the welfare state with respect to the health of all citizens, their education, and housing in a much more consistent manner?

Key words: Slovenes, abroad, duty, Italy, National House in Trieste, Austrian Carinthia, Porabje, law, Pravnik Association, Pravnik journal.

The paper addresses the issue of the insured’s loss of rights under collision in- surance, as well as insurer’s recourse in the case of car liability insurance due to driving under the influence of alcohol and psychoactive substances in excess of the permitted limit. The authors provide guidelines for interpreting the legal standard of evading the detection of alcohol or psychoactive substances in the body after a traffic accident and examines the validity of the provision of the insurance terms and conditions that stipulates negative consequences for the insured due to the failure to notify the police about the traffic accident. The issue exists both in the field of collision insurance and in the field of car liabil- ity insurance. In the first case, fulfilment of the standard results in the loss of insurance rights and in the second case, it results in the insurer’s right to claim compensation that it paid to third parties.

Key words: car insurance, drink-driving, loss of insurance rights, right of recourse, collision car insurance, car liability insurance, insurance terms and conditions.

The article highlights the proceedings of the welfare state and poverty confer- ence, which took place in January 2023 at the University of Ljubljana’s Faculty of Law. Addressing the multifaceted nature of poverty and social exclusion, the article emphasises the crucial role the state plays in devising effective strate- gies to combat poverty, promote social justice, and foster equality. It advocates for comprehensive policies and initiatives aimed at alleviating poverty and enhancing the quality of life for vulnerable populations. These efforts should encompass social assistance, tax relief, healthcare access, education, housing, and employment opportunities. The article underscores the importance of col- laborative engagement among various stakeholders, including the state, civil society, NGOs, the private sector, and individuals, to successfully embody the welfare state’s principles and uphold constitutional social rights. Ultimately, this concerted action will pave the way for a dignified life where individuals can pursue their aspirations and contribute to societal progress. At the end of the article are the conference’s concluding findings, as they were shaped by the panels leaders at the event.

Key words: poverty, welfare state, law, civil society, charities, state, NGOs.

The article presents a doctoral thesis examining the impact and significance of Article 9 of the Aarhus Convention, despite its brevity, on the foundational principles of Slovenian constitutional jurisprudence. The author portrays the request for a special public role as a legal enhancement of the checks-and- balances system among different authorities, addressing dwindling civil so- ciety confidence that it alone (without the public) can ensure that "the state authority will be a good or sufficient guardian of the (healthy living) environ- ment and which emerges as a legal response to the ‘feeling’ of a democratic deficit”. This doctoral thesis marks the first comprehensive study of judicial protection against environmentally impactful decision-making in the spatial interventions, which – according to other decisions of the enforcement law – is characterised by a number of specifics.

Key words: Aarhus Convention, judicial protection, spatial intervention, civil society, environmental law, public.

The electoral system has an impact on the country’s party and political sys- tem. The current system does not allow citizens of the Republic of Slovenia to directly influence the composition of the National Assembly; it does not en- courage within-party democracy; it does not allow voters to punish potential poor performance of an individual member of the parliament; and it limits the independence of the legislative branch of power in relation to the execu- tive branch. In most cases, the current electoral system has resulted in a frag- mented parliament, consequently to weak governments with smaller reform potential. It reduces the behaviour of the coalition majority in the parliament primarily to the role of the government’s voting machine. Awareness of the need to replace the electoral system is broadly present among scholars, but less supported by the political elite. New electoral law should be tailor-made to respond to the main shortcomings of the electoral system in the Republic of Slovenia. Otherwise, the change will fail to produce the desired results and disappointment will ensue.

Key words: electoral system, influence on the party system, legitimacy, rule of law, electoral system reform.

Composing legal English text poses challenges for all writers, especially for non-native English speakers. Historically, legal English was comprised of dif- ficult to understand language replete with jargon and what derisively has been called legalese. The plain English movement has attempted to rectify this, but changing the legal profession’s attitudes and long-held habits about how to ef- fectively communicate in writing with our audiences has proven challenging. It is imperative that English legal text be written clearly, concisely, completely and correctly. These objectives can be achieved by following a number of relatively easy strategies. As with architects, composers and artists, authors of legal texts must first conceive a well thought out and organized plan. They must, above all else, consider the specific needs of their audiences. Authors should employ a simple and direct style that makes consuming their work a pleasure not a chore. This can be achieved through a number of mechanisms including using eve- ryday language and preferring the familiar word to the obscure and complex; by preferring the short word and short sentence to the long; by preferring the active voice to the passive; by avoiding foreign phrases to the extent possible; by preferring the single word to the circumlocution; by preferring positive words over the negative; by eliminating pronominal adverbs and other vestiges of le- galese; and, by mastering the proper use of English articles. Plain talk should prevail over stilted language. Both vigorous and diligent planning and editing hold the keys to drastically improving the quality of English legal writing.

Key words: legal English writing, plain English, writing clearly and concisely, primacy and recency in legal English writing, editing legal English.

Between 15 and 23 February 2023, the Supreme Court of Slovenia hosted a rare exhibition showcasing an extraordinary collection of judicial insignia, representing both Slovenian and broader European legal traditions. Unveiled at the opening was ‘Judicial Insignia in the European and Slovene Legal Tradi- tion,’ an interdisciplinary monograph collaboratively penned by Vid Žepič, Dr. Tomaž Nabergoj, Dr. Polona Vidmar, and Igor Zemljič. The event culminated with a curated exploration of the most opulent rods of justice and swords hail- ing from Slovenia’s rich judicial history.

Key words: judicial insignia, exhibition, Supreme Court of Slovenia, mono- graph, symbolism, cultural heritage.

Retired diplomat mag. Aleksander Čičerov (1949–2022) was an established legal expert, researcher, teacher, volunteer, mountaineer, and many more of his activities could be mentioned. His work left an indelible mark on the Slovenian legal landscape and beyond. In particular, his contribution to the development of the field of air and aviation law in Slovenia, in theory and practice, is so ex- tensive and important that he can rightly be considered the father of the field. His monograph International Air Law, stands out as the first comprehensive professional examination of the subject in Slovenia, showcasing his expertise in this area. Besides his remarkable expertise and invaluable contributions across diverse fields, he was an extraordinary individual who served as a shin- ing example and source of inspiration to countless people.

Key words: in memoriam, Aleksander Čičerov, international law, air law, diplomat.

The protection of confidential information and trade secrets during the sale of a company is crucial not only for the position of the target company on the market, but also for the success of the sale transaction itself. Due to the complexities of the sale process, a large amount of information is exchanged between the target company as seller and the (potential) buyers. Confidential information and trade secrets present the greatest risk, and it is in the target company’s interest that this information is disclosed gradually. On the other hand, potential buyers seek to obtain as much information as possible as early as possible in the sale process to facilitate their decision on a future purchase of the company. Therefore, it is critical for the success of the process that the par- ties strike the right balance between the amount of information disclosed and the amount of information withheld in relation to each stage of the process. In doing so, all parties should be aware of all the risks and pitfalls involved in protecting confidential information and trade secrets.

Key words: non-disclosure agreement, sale of a business, trade secret, confidential information, exchange of information, disclosure of information, protection of trade secrets, Trade Secrets Act, Directive (EU) 2016/943.

The European Court for Human Rights has in its case law extended Article 10 of the European Convention of Human Rights to multiple other areas. The ar- ticle primarily discusses the concept of academic freedom. The Court’s defini- tion of academic freedom is generally very broad, but it has established certain situations where academics actually enjoy a more limited freedom of expres- sion. And despite the high degree of protection academic freedom is awarded by the Court, some countries endeavour to expand it. For example, the United Kingdom is in the process of enacting a higher education freedom of expres- sion bill that would severely expand the scope of this right, for which it has received some pushback.

Key words: ECtHR, ECHR, freedom of expression, academic freedom, Mahi v Belgium, Torres v Spain, higher education (freedom of expression) bill.

Students from the University of Ljubljana’s Faculty of Law have once again distinguished themselves at the Price Media Law Moot Court competition, winning the regional round held in Budapest. The competition, which focused on nuances of academic freedom and the regulation of social media provi- ders, predominantly emphasises the latter’s challenges. A uniform stance on how to navigate the liability of social media platforms for third-party content is conspicuously absent across national legal frameworks. Furthermore, there is a lack of a consistent standard on content regulation by these platforms. At a national level, such matters are typically addressed through legislation. Internationally, the case-law of the European Court of Human Rights, guide- lines from international and non-governmental organisations, and the rather circumspect legal measures of the European Union, collectively offer a foun- dation for user protection. The forthcoming Digital Services Act is poised to address certain facets, yet many complexities will either remain unresolved or be devolved to the discretion of individual Member States.

Key words: freedom of expression, pluralism, internet, regulation of social media platforms, hate speech, social media platforms, the European Conven- tion on Human Rights, Digital Service Act, Delfi AS.

The State Prosecutor’s Office has the statutory power, as stipulated in the pro- vision of Article 385 (1) of the Civil Procedure Act (CPA), to lodge the re- quest for the protection of legality against a final judgment of a court. This constitutes an extraordinary legal remedy in the public interest, the purpose of which is to ensure equality before the law, legal predictability, and legal cer- tainty. The request by the state prosecutor, as a public interest intervener, is therefore not a substitute for, nor exclusive of, but complementary to, a party’s revision. Where it is filed for the purpose of ensuring uniformity of case-law and the development of the law, the State Prosecutor’s Office may lodge it only under the same conditions as those under which the Supreme Court may al- low a revision of the party. These conditions are laid down in Article 367a (1) of the CPA. They take the form of a general clause on the objective importance of the legal issue for the legal order as a whole, as the sole criterion for access to the Supreme Court. Based on this criterion, both the Supreme Court and the State Prosecutor’s Office conduct the preliminary procedure to establish the existence of a public interest to lodge the extraordinary legal remedies. Both legal remedies lead to an extraordinary review of a specific case before an enlarged panel of five judges of the Supreme Court. The Supreme Court has no legal basis to deny the state prosecutor, as an autonomous and independent judicial body, a substantive review of a request for the protection of legality on the grounds that it does not raise an important legal issue, provided that it meets all the procedural prerequisites set out in Article 374 of the CPA. In such a case, the Supreme Court must decide on the merits of the request for the protection of legality on the basis of the relevant provisions of Articles 378, 379 and 380 of the CPA.

Key words: state prosecutor, public interest, legal interest, presumptions for admissibility of a remedy, revision, request for the protection of legality, extraordinary legal remedies, Supreme Court.

Hugo Sinzheimer Moot Court Competition revolving around European la- bour law took place for the seventh time in 2023, whereas the team from Slo- venia comprising of students of the University of Ljubljana Faculty of Law par- ticipated for the first time and finished in an excellent third place out of twelve teams in total. The case for 2023 related to tort liability, safety and health at work, employee’s participation and robotisation. Final ranking combined with mentor’s efforts resulted in placing Slovenia in the pool of countries that will be able to place their candidacy towards participation in the competition in the future (in Vienna, Austria, in 2024).

Key words: Hugo Sinzheimer, moot court, competition, European labour law.