Suchergebnisse

The article presents legal solutions of the European Union (EU) and Member States (MS) with respect to the digitalisation of company law. We analyse and evaluate the EU's efforts to overcome the backlog of legislation concerning technological development, with legal solutions in the field of the electronic formation and registration of companies and in shareholders' communication with company board members. The analysis shows that company law in the EU is lagging behind technological development. Despite ongoing dynamic efforts to modernise it on the EU level, the MS reveal differences in their speed of implementing the EU's directives. The case of Slovenia shows that while digital tools are in wide use for ensuring transparent data disclosure and publication, along with the realisation of basic corporate governance functions, big differences remain between the minority of companies traded on the regulated market and the majority of companies for which such regulation is deficient. Keywords: digitalisation, electronic means, block chain technology, company registration, shareholders' general meeting (SGM), COVID-19 pandemic

The decision by the Council of Europe to ter minate the Russian Federation's membership of the Council of Europe on 16 March 2022 makes the issue of legal certainty for aliens actively participating in the war in Ukraine as part of the Ukrainian Armed Forces completely unpredictable. The academic literature and the case law of the European Court of Human Rights in the field of the legal status of alien combatants is limited, and the International Criminal Court has not complet ed any cases on this topic. This article addresses the prin ciple of case law and, above all, the principle of legality with regard to aliens and their active participation in the armed forces of Ukraine. This issue has become cen tral since the Russian Federation may or may not grant these persons the status of prisoner of war according to the Third Geneva Convention, relating to Protocol I, or may characterise them as criminal offenders or terro rists. Keywords: aliens, combatants, mercenaries, prisoners of war, war, armed conflict, terrorists

The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public & private interests meet (two parties cooperate for mutual benefit) is characterized by intertwining of general rules of obligation law & special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative & private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding these contracts, & a special legal position of a public law entity as a holder of this public interest. Despite adoption of the new Public-Private Partnership Act in the legislative regulation of the concession contract that still remains variously regulated in previously adopted special provisions of sectoral laws, there are still some deficiencies & dilemmas that are more or less effectively dealt with in the contractual practice. For the legal positions that are classically civil at first sight, the legislator or court practice have laid down special modified rules of civil law in most developed countries. In the course of time, these rules became part of public law/administrative law. Thus, the French legal order has best developed the rules of the public contractual law & the legal institute of the administrative contract that the Slovenian administrative theoreticians try more & more to introduce also into our legal order. References. Adapted from the source document.

When national authorities decide what activities will be needed to provide public goods & to what extent, they must also make a decision on the modes of allocation & distribution of public goods (which are the objects of public service provision) among users. In the practice of the EU Member States, a variety of diverse public service provision systems can be found. They vary between the public sector & the market, & they include numerous & highly diverse organizational forms of public service provision. A public enterprise is one of them. In the Slovenian legal regulation, a variety of problems arise due to the deficiencies in the existing public enterprise organization. These problems mostly result from some public enterprise status issues regulated under private law. The biggest problem of statutory regulation of the public enterprise status in Slovenia is certainly the absence of a special organizational model of the public enterprise. Adapted from the source document.

The Law Amending the General Administrative Procedure Act refers to a variety of provisions. New solutions should contribute to a more rapid, more efficient and more cost-effective procedure. Primarily due to elimination of the inconsistent use of individual provisions in practice, the amending law regulates more definitely the issues of authorizing the persons to manage and make decisions at different decision-making levels in administrative procedures in municipalities. The law also develops electronic operations and it especially amends the electronic service provisions. There is a fairly large number of amendments in the Service Chapter. And an important novelty needs to be emphasized. This is the institute of the waiver of the right to appeal which the General Administrative Procedure Act did not know. However, it is well-known in foreign legal regulations and in the Construction Act adopted in our country. Adapted from the source document.

Abstract. The challenge of ensuring the space environment's long-term sustainability in the context of the exploration and commercialisation of outer space raises several important issues and dimensions with respect to both international environmental law and sustainable development. The research question analyses the extent to which such exploration benefits humanity and expands the province of all humankind. In this article, historical achievements of the international legal framework governing the area of space exploration are presented. Opportunities for further developing and strengthening this framework to ensure the cooperative, transparent, inclusive and equitable development of space exploration are deliberated, notably those that do not limit the interests and opportunities of space-faring countries. The key finding and proposition of this article is that while discussing the need to improve and strengthen the international regulatory framework, developing countries' needs and interests should also be effectively incorporated. More equitable, inclusive and sustainable development is as much in the interest of developed countries as it is of developing countries. Keywords: The Outer Space Treaty, space law, UNCOPUOS, space commercialisation, Sustainable Development Goals, inclusive and balanced development, international environmental law

Through the public procurement rules, protection of competition, equality of choice & transparency of the procedure in relationships between the public & private sectors are provided, to the greatest extent possible, in the EU rules. All the contractual relationships between the public & private sectors cannot be subject to strict & formal rules on public procurement primarily due to the special nature of business operations, complexity & duration of the relationships. Concessions or public-private partnerships of a concessionary nature are excluded from the legal regime that applies to public procurement. This paper analyses the contractual relationships of the concessionary nature & the EU efforts for ensuring a certain degree of equal treatment of private partners entering into public-private partnerships. Adapted from the source document.

Abstract. The Covid-19 pandemic has transformed our
society, with administrative procedures – as relationships between public authorities and citizens and businesses – being no exception. Still, the innovative digitalisation of such procedures means the 58 administrative
units across Slovenia have been able to develop a responsive administrative system. Using normative, descriptive
and statistical research methods, the article identifies the
relevant drivers and barriers, like user demands leading to a more responsive service, the lack of legal bases,
and the top-down approach discouraging progress.
Correlation analysis shows that digitalisation also holds
important positive implications for the principles of good
governance. Moreover, larger administrative units are
more likely to achieve a higher degree of digitalisation
and hence better public governance. The findings are
useful for designing evidence-based public policies to
properly respond to pandemic-associated challenges.
Keywords: public administration, administrative procedures, Covid-19, good public governance, innovation,
digitalisation, Slovenia

Among the tasks performed by the Slovenian municipalities to meet the needs of individual residents there is also the provision of local public services. A municipality provides the performance of the public services determined by the municipality itself, & the performance of the public services established by law (local public services). The legal foundations for the regulation & operation of public utility services are given primarily in the Local Self-Government Act & in the Public Utilities Act, as well as in sector-specific laws for individual services. The overview of public utility services & the modes of their performance in two urban municipalities indicate that in Slovenian municipalities, public utility services are performed primarily in two ways: in public enterprises & by awarding a public service concession. Adapted from the source document.

After explaining the difference between the notions of self-government & local autonomy, the applicability of both to the description of the political-administrative status of the Slovene city of Ljubljana in the 19th-century Austrian Empire is examined. The Austrian March Constitution of 1849, its abolishment by the emperor Franz Joseph in 1851, the municipalities law of 1849 & 1862, & December Constitution of 1867 are some of the legal acts examined in the outline of the chronology of the self-government & autonomy of Ljubljana as a provincial capital in the Austrian Empire. The powers & prerogatives contained in the city's municipal statues are discussed, considering the relationship & power sharing between the state & municipalities in the Austrian Empire & the Austria-Hungary dual monarchy. The study of the Ljubljana archive sources concludes that prior to 1895, the city's municipal council powers to issue normative legislation were limited, & an increased norm-giving activity resulted only from the need to rebuild the city after the 1895 earthquake. The council's municipal autonomy was largely responsible for regulating all reconstruction activities, including the organization & modernization of transport, electrification, & other infrastructure. Adapted from the source document.