The author analyses judgment of the Court of Justice in Danosa case and her impact on the labour and company law of member states, especially Slovenia. In this regard the article deals with the ...notion of the employee in the EU law and with the protection of the pregnant member of the board regarding the removal and the termination of the contract. Adapted from the source document.
It may occur in practice that facts which would enhance a pension calculation basis and also the amount of a pension, could be established only after the right to an old-age pension has been granted. ...Examples are equities or difference to a higher salary. The problem may occur, if such facts either existed before taking the decision, but the insured person was not acquainted with them, or are established after the deadline for the reopening of the proceedings, for instance by the decision of the court of law. It seems that in this respect the case law is not yet settled. Social Courts of distinctive levels, but also in time, change their argumentations. Changing case law of the courts and historical overview of legislative acts is presented in the article. It is analysed whether the decision regarding determination of pension level could become final and unchangeable, or could the continuance of the proceedings (or new proceedings) where new facts are taken into account also be admissible. It is argued that there are arguments for the possibility of new determination of the pension calculation basis. The strongest among them is property protection of the constitutionally recognised right to a pension. If contributions have been paid, they should be reflected in the calculation of a pension. Adapted from the source document.
The constitutional principle of protection of legitimate expectations allows only exceptional tightening of conditions for pursuit of business or occupation. The Constitutional Court of the Republic ...of Slovenia has through its numerous decisions formed precise criteria on circumstances in which such tightening of conditions is permissible. Inter alia, if conditions are changed, persons who already pursue business in accordance with old regulations should have several years to adapt and meet the new conditions. The interference with rights of such persons can be done solely on the basis of law. The article analyses the case law of the Constitutional Court of the Republic of Slovenia in cases in which it adjudicated on compliance of the tightening of conditions for the pursuit of business with Article 2 (Rule of Law, Social State) of the Slovenian constitution. Based on this analysis the recently enacted regulations which have not yet been ruled upon by the Constitutional Court are assessed. Among those regulations is also the one by which the Ministry of Interior changed the conditions for pursuit of business in such a way that for an occupation for which previously only higher professional education was needed now requires the university level. The regulation was enacted without transitional period and without regulation of the status of those persons who have been pursuing their business fulfilling the former conditions. Moreover, the new regulation by which the conditions were tightened was published only on Internet. Adapted from the source document.
Building on the analysis of the most influential case law and theoretical perspectives and considering regulatory frameworks and relevant documents, the author deals with development of the concept ...of predatory pricing in the EU and the US. The author identifies doctrinal differences in approaches, particularly with regard to recoupment and predatory intent, and similarities in applying cost benchmark. As a conclusion it is argued that predatory pricing can be described particularly as an exclusionary abuse in the EU, as well as an exploitative abuse in the US. Adapted from the source document.
The right of superficies and the land charge are two new limited real rights, introduced in our legal system with the adoption of the Law of Property Code. Consequently neither the legal theory nor ...the legal practice have till today satisfactory answered the question whether, taking into account of the sense of both legal institutions, the land charge could be established on the right of superficies. Therefore the basic purpose of this article is answer the question whether the establishment of the land charge on the right of superficies is admissible. In pursuit of the answer the paper elaborates on the nature of the right of superficies and its manifestations and argumentative confronts with substantive reasons which could prevent such a combination of these two rights. The paper is based on the Slovenian legal regulation in this field which in turn it compares with the German one. Adapted from the source document.
The article overviews the theories and current experiences in judicial reform projects, especially in Eastern Europe and South America. It also analyses the pitfalls and the recommendations for good ...practices in the reform projects. It concludes that project Lukenda to reduce the backlog of cases in Slovenia, with additional measures introduced by the Supreme Court in 2012, should improve the state of the judiciary. Adapted from the source document.
The authoress deals with several procedural questions regarding the rights & obligations of employees, employers, unemployed, retired, parents & other parties when social institutions decide within ...compulsory social care & insurance schemes (pension insurance, health insurance, insurance regarding unemployment & parental care, which is primarily the result of family relations). The authoress emphasizes the need for the systematic regulation of their roles within specific administrative procedures, especially the role of field ministries. Firstly, there is a question whether it is appropriate to use General Administrative Procedure Act in the field of social insurances. Secondly, there are different possibilities of ensuring the right to use legal remedies due to different parties in the procedure, which is in conflict with constitutional principle of equality. Specific procedural deeds, such as the notification of decisions & other obligatory acts or the execution of them (for example execution of decision of Centers of Social Work or within tax procedures), should be closely regulated & implemented in practice as the most important when the state intends to ensure that individual rights are taken into account. References. Adapted from the source document.
In the author's perspective the entrepreneurship is a "drop-out money game," which is usually regulated by legal norms, but in practice needs to be humanized with reasonable, moral & ethics rules ...called business practices. Participants in an entrepreneurial game are well aware that additional rules are necessary since the law can not bring more humanity in business practices. In order to introduce more humanity in the game participants must learn about the meaning of entrepreneurship & the importance of their conduct for others. Business ethics do not negate entrepreneurship & the necessity or the objective of the game, which is "the creation of profit by taking someone else's property," but they contribute to the participants' awareness that taking property from someone else is merely a game & not the manner of destruction of other participants in order to make them drop out of the game. Adapted from the source document.
The author deals with financial mediation in connection with the regulation & business practices in financial markets. The greater freedom of capital movement demands higher responsibility of ...financial mediators, particularly the employees involved in this process in order to reduce risks, especially moral hazard. Ethic business operations of various institutions under new circumstances are a condicio sine qua non also on the account of the more severe competition & a variety of ownership & cultures among the financial mediators. References. Adapted from the source document.
The author presents the legal regulation of professional sportsmen & sportswomen in the EU member states (old & new ones). He establishes that the legal state of sportsmen & sportswomen differs from ...country to country, but in most legal systems they hold the status of a worker with all the social rights arising from it. Later on, the author presents the current position of sportsmen & sportswomen of sportsmen & sportswomen in Slovenia. By analysing the elements of employment from Article 4 of the Slovenian Employment Relationships Act, he concludes that sportsmen & sportswomen in the team sports also should be given the status of workers. The author criticises the current state & offers a few suggestions as how to correct the Slovenian legislation (Act on Sports & the Employment Relationships Act). References. Adapted from the source document.
