The contribution analyses legal provisions on time limits and restrictive conditions for applying for a judicial review and the case-law of National Review Commission. Furthermore, the work argues that the case law does not follow principles of legal protection, and that with improper interpretation of legal rules, it leads to a delay in public procurement procedures. Because subscribers may not conclude a contract for issuing of the public procurement until the deadline for legal protection expires, realization of public procurement contract is delayed. The deadline for legal protection depends on various circumstances, such as potential changes in the tender documents and the nature of the alleged violation. Vagueness of the deadline is exploited by certain providers to also gain competitive advantage. For special circumstances, the contributions argues the necessity to dismiss the applications for review on the grounds of the notion of abuse of rights.
F.23 Development of new system-wide, normative and programme solutions, and methods
COBISS.SI-ID: 4951083Results of research on corporate group legal instruments were included in scientific basis for amendments ZGD-1I. This basis will contribute to a more appropriate implementation of these corporate notions in business practice and in case law, at least in terms of the more efficient protection of creditors and minority shareholders, and in the more efficient judicial procedures in terms of resolving disputed issues in these relationships. The authors have also prepared introductory explanations to the amendments, in which they have comprehensively presented the most important legislative solutions.
F.24 Improvements to existing system-wide, normative and programme solutions, and methods
COBISS.SI-ID: 281377536Prof. dr. Nataša Samec Berghaus was in 2015 a part of working group at the Ministry of Health for preparation of amendments to Complementary and Alternative Medicine Act (decree no. C2711-15-951332), which will continue its work in 2016. In the framework of this working group, she was also responsible for preparation of Study on comparative regulations for the purpose of substantive support in preparation of Complementary and Alternative Medicine Act. The study considers legislation in six countries: Austria, Germany, Italy, Hungary, United Kingdom ans Switzerland.
F.23 Development of new system-wide, normative and programme solutions, and methods
Prof. dr. Vesna Rijavec and prof. dr. Tomaž Keresteš (coordinators) have successfully brought to an end a 2-year EU project "Dimensions of Evidence in European Civil Procedure" (JUST/2011‐2012/JCIV/AG/3434), co-financed by the European Commission (Civil Justice Programme). The project was carried out in cooperation of 10 partners (including universities from Maastricht, Graz, Zagreb, Pavia, Vilnius, Brno). National reporters and experts from almost all EU Member States conducted a comparative research of evidence taking in EU, with emphasis on implementation of Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters and related issues. Project results were presented at four international scientific conferences and published in almost 30 monographs (all national reports, a final monograph with comparative analysis and conference proceedings). All national reports were accepted in Book Citation Index by Web of Science.
D.01 Chairing over/coordinating (international and national) projects
In March 2015, the 24th annual conference Medicine and Law was organized under title "Integrative medicine - A Challenge for Modern Society". A key role in the programme and organizational committee of the conference was once again given to prof. dr. Vesna Rijavec. Integrative medicine is opening many questions in areas of ethics, patient's rights, welfare and legal protection, personalised medicine, the right to choose treatment, medical errors, public opinion, education, etc. These questions were addressed by representatives from fields of medicine, law, health-care, politics and academia, by both supporters and opponents of integrative medicine. The conference was a perfect environment for exchange of opinions and proposal of solutions to attending policy makers.
B.01 Organiser of a scientific meeting