This reference work provides a systematic presentation of the liability systems in EU member states for the first time. Similarities and differences between EU states’ various legal systems are presented and also explained in terms of Union Law. In addition, approaches to establishing a uniform state liability law in the future are outlined. Comprehensive specialized report explain the entire European context and present comparative conclusions on the individual specialized topics. Based on the synopsis of the state liability systems together with the current state of Union liability as developed in case law, the law on state liability in the EU is extensively analyzed and its capability to develop based on general legal principles is defined.
F.30 Professional assessment of the situation
COBISS.SI-ID: 13586513In the broader context of bank rehabilitation and growing public debt in Slovenia the article presents proposals for starting the "good" deleveraging of companies that would limit negative impacts on economic growth. The differences between asset based and cash flow based lending are presented. It is demonstrated that the important problematic borrowers from banks balance sheets are not necessarily important for economic recovery and that companies with excessive debt owe a large portion of their liabilities to non-bank creditors. Therefore, for deleveraging of a big number of potentially viable companies it will be necessary to use various approaches, with most of the cases agreed between owners and active creditors out of court. The article analyses the opportunities for a broader use of debt-to-equity conversions and for separation of the healthy operational part of the firm, where the creditors are paid from cash flow, from the speculative investing part of the firm, where the creditors are paid from assets sale.
B.06 Other
COBISS.SI-ID: 14003025National Assembly of the Republic of Slovenia adopted in 2009 a Resolution on regulatory activities. This document is crucial for the development of Slovenia towards a modern state based on the rule of law. The Resolution first sets out the main objectives to be achieved in the preparation and adoption of rules: strengthening the rule of law, respect for separation of powers and the hierarchy of norms, assurance of the quality of regulations, encouragement of civic participation and implementation of regulatory impact assessment. The objectives were thus set and not any path leads to their achievement. However, most of the paths taken by the actual Slovenian legislative policy are not conducive to the objectives of the Resolution. Insufficient efforts to achieve the objectives are indicated in bodies preparing and proposing new regulations, in legislative and regulatory bodies, as well as in bodies responsible for the enforcement of said regulations.
F.30 Professional assessment of the situation
COBISS.SI-ID: 14142289The Brussels I Regulation protects the consumer, who is regarded as economically weaker and less experienced in legal matters than the other party to the contract, by rules of jurisdiction more favourable to his interests than the general rules of jurisdiction. The special jurisdictional protective regime, however, does not extend to all types of consumer contracts. In addition to contracts for sale on instalment credit terms or combined with a consumer credit, it applies only in cases where the trader pursues commercial or professional activities in the state of the consumer´s domicile or directs such activities to that state by any means and the contract falls within the scope of such activities. This requirement gives rise to the question whether (and if, to what extent and under what conditions) it can be established that the trader who is (either directly or through intermediaries) present on the Internet ˝directs commercial or professional activities˝ to the country of the consumer´s domicile. In 2010, the Court of Justice of the European Union delivered a landmark decision in joint cases of Pammer and Hotel Alpenhof, in which it clarified this dilemma to a certain extent, but not fully. Inter alia, it clarified that the mere accessibility of the trader´s or of the intermediary´s website in the Member State where the consumer is domiciled is insufficient in order to establish that the trader directed commercial activities to the country of the consumer´s domicile. It must be apparent from his (or the intermediary´s) website and the traders overall activity that the trader was envisaging doing business with consumers domiciled abroad. In order to enable such a conclusion, the CJEU provided a non-exclusive list of circumstances, which can be relied upon in order to establish such intent of the trader. The question however is whether this list is not so broad that at least one of the circumstances will inevitably be fulfilled in most cases of trader´s presence in Internet. Following the aforementioned CJEU judgment, numerous new dilemmas appeared. In the Mühlleitner judgment, the CJEU clarified that in order to establish that by engaging in marketing on the Internet the trader directed its activities to the Member State of the consumers domicile, it is not necessary for the contract between the consumer and the trader to be concluded at a distance. Additionally, in a rather controversial judgment in the Emrek case, the CJEU extended the applicability of the aforementioned provisions and principles even if no causal link exists between the means used to direct the commercial or professional activity to the consumers´ Member State, and the conclusion of the contract (e.g. cases where the consumer wasn´t even aware of the trader´s presence on Internet in the time of conclusion of the contract). By analysing of the aforementioned judgments of the CJEU, the author critically assesses whether the Court has not in fact extended the limits of consumer protection beyond what the drafters of the Brussels Regulation wanted (and perhaps beyond what is needed) and whether this will necessarily apply to the construction of the Rome I Regulation as well. Concerning the language of the website as an indication of the trader´s intention to direct its commercial activities to the country of the consumer´s domicile, a danger also exists that both the traders as well as the consumers from the Member States with ˝small languages˝ will be discriminated against.
F.30 Professional assessment of the situation
COBISS.SI-ID: 13739601The author has prepared a comprehensive textbook of family law. The work goes beyond usual scope of textbooks and is actually more in-depth and scientifically based. As such it is an excellent tool not only for students but also for those who are intensely involved in family law. The focus is on the current legislation with the numerous examples of domestic and foreign case law and the decisions of the European Court of Human Rights included.
D.11 Other
COBISS.SI-ID: 276097792