Slovene family law regulates three forms of life union partnerships: marriage, extramarital unions and registered unions of same-sex partners. The first two forms of life union are intended only for partners of the opposite sex and are regulated by the Marriage and Family Relations Act, while a registered same-sex partnership is regulated separately from the other two heterosexual life partnerships, by a special law: the Registration of Same-Sex Civil Partnership Act. The Marriage and Family Relations Act, which has been in force since 1977, was created as a republican law of the Socialist Federative Republic of Yugoslavia. The regulation of family relations in Yugoslavia was the responsibility of individual republics. After the disintegration of Yugoslavia, the republics formed new states or units of new states, which accepted their existing republican family legislation as their own new legislation. Slovene family law is thus still regulated by the Marriage and Family Relations Act of 1977. The Marriage and Family Relations Act has been amended several times since 1977, but major changes only occurred in 2004. An amending act to the law changed the legal arrangements for the care and upbringing of children whose parents live apart; the child’s contact with the non-resident parent and other family members, and the entire legal arrangement of maintenance, including both maintenance between spouses and maintenance between parents and children or between the children and other persons. A complete reform of family law in Slovenia has already been in progress for more than a decade.
COBISS.SI-ID: 14835793
Constitutional law is a body of legal rules and principles governing the basic relationship between the legislative, judicial and executive branch thereby defying the form of government and the separation of powers, the form of the political system and the organization of the state. Constitutional rules and principles also provide and enforce human rights and basic freedoms in the relationship between the individual and the state or also in the relationship between the individuals themselves.
COBISS.SI-ID: 282014720
The right to social security is recognized as one of the fundamental human rights in international and European Union (EU) law. It is also enshrined in many national constitutions, including the Slovenian one. As such, it cannot be regulated as a very precise and concrete legal rule. It is one of the basic values and guidance for all legal subjects in a society. The content of the right to social security is rather open and there might be no direct correlation between the constitutional provisions and concrete rights stemming from the social security system. Hence, the right to social security has to be determined foremost by the national legislator, by regulating individual social security rights of insured persons (and other beneficiaries). National legislator is bound to respect minimum standards of international law and constitutional guarantees, as well as the EU law. It could be argued that the Slovenian Constitution is a modern one. It was passed at the beginning of 1990s and incudes the social state principle as well as fundamental social rights. Among them is the right to social security, which gained importance during the times of economic recession.
COBISS.SI-ID: 15169617
Protection of national sovereignty is no longer the major concern in the system of cross-border service of documents. What is gaining on importance is the protection of fundamental rights and legitimate expectations of litigants, whereby proper balance must be struck between the competing values. The EU 1393/2007 Regulation strengthens the guarantees concerning language, the question however is whether the party can waive in advance these guarantees. Another question discussed in this paper concerns the CJEU´s departure from the traditional view that states are free to implement various methods, which make service abroad unnecessary.
COBISS.SI-ID: 15171665