Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass the most important issues and topics.
COBISS.SI-ID: 5010219
Article deals with possible use of soft law instruments in the Slovenian local self-government law. Though soft law is typically defined as non-legally binding law, it can have practical and indirect legal effects. Article reveals that soft law instruments could acquire at least indirect legal effect in Slovenian law with courts´ intervention under Article 14 of the Slovenian Constitution according to the principle of equal treatment. Since soft law instruments have an impact on the behaviour of the actors to whom they are addressed and since they should be followed by the adopting authority, it seems that the legal basis for their adoption should exist. Therefore, article explores and analyses the existence of the legal basis for adoption of such type of instrument in Slovenian local-self-government law as well.
COBISS.SI-ID: 4900139
This chapter reflects the application of international law by Slovenian courts – to a large extent by the Constitutional Court. Emphasis is given to ‘traditional’ international law, although the last part of the chapter also considers the application of EU law.
COBISS.SI-ID: 4899371
In the monograph, authors are systematically analysing legislation on energy sources and energy production in Slovenia. It includes presentation of all (sub) systems in the Republic of Slovenia, which are especially important from perspective of energy, as well as the relationship between energy policy and energy law. Energy law is defines as a system of legal rules and principles, which regulate management of energy sources. The monograph is a pioneer work in Slovenia, and was prepared when legislation in the field of energy law was newly formed with Energy Act (EZ-1) which introduced a number of systemic changes. Therefore, in terms od many legal issues, the authors could not rely on existing theoretical opinions or on the case law. Included is legal framework for different types of energy and energy sources, namely for: electricity, gas, oil, coal. In this context, the monograph is for each energy source analysing issues of energy production, with emphasis on consent to build energy infrastructure, as well as exploitation, transport, distribution and use of energy. Because of interdisciplinary nature of energy law, therefore its connections with various other legal areas (competition law, environmental law, consumer protection law, administrative law, civil law), and at the same time because of its interdisciplinary nature, the monograph also pays special attention to connection of these issues with environmental, competition and tax law.
COBISS.SI-ID: 5017387
Since the start of the new millennium, many contemporary jurisdictions have been revisiting the fundamental principles of their civil procedures. Even the core areas of the civil process are not left untouched, including the way in which evidence is introduced, collected and presented in court. Exploring these issues, the editors of this book invited the contributors to reflect on how these trends affect the situation in their countries and to present their views on further developments, both nationally and in comparison with the developments in other countries and regions. A further goal was to inquire whether, in spite of national differences that are still dominant, the approaches to civil evidence are converging, and whether reforms affecting fact-finding have a chance of leading to some forms of harmonization.
COBISS.SI-ID: 4958251