The issue of tort liability of public officers, exercising their powers to decide in administrative matters is in the present time quite interesting and combines legal rules and principles of two large fields of law: administrative and civil law. The absence of special legal provisions regulating the liability of state authorities results in general rules of civil law to be applied in these cases. This is also supported by recent developments in jurisprudence, which has addressed the questions of legal basis for liability in damages resulting from illegal actions by judges and state prosecutors, both being bodies of the State itself. Using the same criteria these conclusions made by the courts can also be used to resolve difficult questions of liability of holders of executive powers. However, with the use of general rules of civil law regulating tort liability for administrative decision-making several difficulties appear that have to be further discussed and resolved, in both legal theory and practice.
F.30 Professional assessment of the situation
COBISS.SI-ID: 14833489Court procedings do not guarantee efficient legal protection of consumers' rights. It is therefore important to provide alternative dispute resolution proceedings. European legislator is regulating only minimum standards of quality in these proceedings. Slovenia will incorporate the regulation of the Directive into its legal order by passing a special law (Zakon o izvensodnem reševanju potrošniških sporov - ZIRPS).
F.30 Professional assessment of the situation
COBISS.SI-ID: 14656337With the ratification of the European Social Charter (revised) Slovenia assumed the obligation to implement through legal regulations and in practice the compliance with the 31 fundamental social rights laid down in the Charter. Fulfillment of the obligations is established on the basis of two different procedures by the European Committee of Social Rights. Its findings should not be an end in themselves, but the public is still not sufficiently informed about them. The purpose of the paper is to inform the public about what can be derived from the recent findings of the Committee in respect to the rights significant from the perspective of work. The paper points at some other issues we should pay attention to regarding the implementation of the Charter.
F.30 Professional assessment of the situation
COBISS.SI-ID: 257106The article presents the fundamental legal consequences of the possible implementation of a universal basic income in the social insurance system. First, the legal definition of a universal basic income system is presented and at the same time a general definition of social insurance as concepts of a non-related legal nature. Within the framework of a comparative analysis of the main characteristics of a universal basic income and social insurance, in particular the significant differences between these two systems are thus presented, as well as some similarities. The central part of the article discusses the changes in the valid legal form of the social insurance system and especially in the legal position of the beneficiary, which would result from the implementation of a universal basic income in the national social security system. The influence of a possible introduction of a universal basic income system in individual subsystems of social insurance is thereby presented, i.e. in pension and disability insurance, health insurance, unemployment insurance and insurance for parental protection. On this basis, the concluding part discusses key findings about the legal effects of a universal basic income on the role and importance of social insurance in the existing social security system.
B.06 Other
COBISS.SI-ID: 14211409The article traces the developing image of a judge in Western legal thought. It starts with the famous Montesquieu´s characterisation of a judge as "the mouth that pronounces the words of the law". Despite our common intuition (that he was describing a Continental judge), he was, the author argues, in fact offering his best understanding of an English judge. His portrayal has to a large extent corresponded with the self-understanding an English judge of that time (and long afterwards) surely held. Gradually, Montesquieu´s image of a judge became synonymous with formalistic approach to judging, triggering a backlash. The German Free Law Movement is perhaps the most influential embodiment of such a reaction. Arguing for the recognition of a creative aspect of judging, they relied on their understanding of a common law judge, which was then still at odds with the official self-image cultivated by English judges. In the next decades, the same disillusion with a mechanistic image of judging prevalent also in the United States gave rise to American Legal Realism. The Realists adopted the Free Law Movement agenda to an important extent, part and parcel with the conviction that judicial creativity is an innate characteristic of a judge´s role. It is this conviction that still occupies the centre of all modern theories on judicial decision-making.
D.11 Other
COBISS.SI-ID: 14682449