Suchergebnisse

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.

Cilj magistrske naloge je prikaz manifestacije družbene moči skozi pravo, specifično v demokratičnih procesih ; demokracija je temelj razvitih družb ter točka, iz katere naj bi dandanes izviralo vso pravo, zato sem se osredotočila nanjo kot na izvor razlikovanja posameznikov na podlagi sposobnosti (abstraktne) artikulacije interesa v volilnih procesih. Obstajajo namreč določene skupine bitij, ki niso sposobne artikulirati svojega interesa abstraktno, na način, ki je značilen za današnje institucionalizirane volilne procese, zato so iz njih izključene. V tej nalogi sem se osredotočila na primere otrok, mentalno manj sposobnih posameznikov in nekaterih drugih subjektov, katerih interes se ne upošteva na enaki ravni kot interes drugih. Demokracija kot vladavina ljudstva se po mojem mnenju dandanes sprevrača v vladavino tistih, ki imajo golo fizično ter mentalno sposobnost oditi na volišče, brati, pisati, in abstrahirano, torej ne konkretno, izraziti svoj interes ; ne gre torej za vladavino, utemeljeno na ideji temeljne enakosti oziroma neizpodbojno jasnih ter enakovrednih interesov, temveč za vladavino tistih, ki so sposobni artikulirano ter dejavno delovati v družbi, ter zahtevati uveljavitev svojih interesov. Gre torej za neke vrste procesno, ne materialno enakost, zaradi katere tisti, ki niso sposobni artikulacije interesov v družbi, postanejo objekti prava. Ogledala sem si različne poglede na demokracijo, predpise, ki urejajo položaje omenjenih skupin, ter vprašanje (objektivnega ter subjektivnega) interesa, ki je ključno za mojo tezo, saj idejo obstoja diskriminacije utemeljujem na podlagi konkretnega interesa napram abstraktnemu. Poudarjam pa, da gre za pravno-sociološko, ne za primarno filozofsko delo, ki skuša torej zgolj naslikati dejanskost družbe in prava, ne pa ju tudi predpisovati. ; The goal of this paper is to showcase the manifestation of power within a society, specifically in democratic processes ; democracy is the foundation of developed societies and the supposed source of all of today's law, which is why I focused on it as the source of discrimination of individuals based on their ability to abstractly articulate their interest in voting processes. There are certain groups of people who are incapable of abstractly articulating their interest, in a way which is typical of today's institutionalised voting processes, which is why they are excluded from them ; I have focused on children and mentally handicapped individuals, who's interest isn't taken into account as much as other people's is. Democracy as the rule of the people is in my opinion now turning into the rule of those who have the mere physical and mental capacity to go to a voting booth, write and read, and abstractly (as opposed to concretely), formulate their interest ; it is therefore not a rule based on an idea of fundamental equality or clear and equal interests, but a rule of those who are capable of functioning in a society in an articulate and active way, and demand that their interests are enforced. It is therefore a procedural, not a material equality, because those who aren't capable of (abstractly) articulating their interests in this society become an object of the law. I have examined different views of democracy, regulation which deals with the status of the before mentioned groups, and the question of interest, which is crucial for my thesis, because I base my idea of the existence of discrimination on concrete interest versus the abstract one. I would like to point out that this is a legally-sociological, not a philosophical work, which therefore primarily tries only to paint the reality of society and law, not to prescribe them.

The monograph deals with identities in Slovenia at the time of current breaks and turbulences. The first part of the monograph addresses the majority identities; first, European identity at the time of the rise of nationalism, and then Slovenian national identity in the context of the economic crisis and new populist policies in Europe and beyond. In the second part, the authors deal with minority identities - from religious and ethnic to sexual - that place them in the time span from Slovenia's accession to the EU until the time of the economic crisis, the rise of populism and neoconservative policies. In the third section, minority identities are placed in the context of culture, which is one of the important elements of identity construction and preservation.--Publisher's website

Abstract. Among twentieth-century political philosophers, Americans
John Rawls and Robert Nozick are generally recognized as giants – both
for the boldness of their arguments and for the influence they have exerted. They sketched rival visions. Rawls, inspired by Immanuel Kant, argued for a world characterized by tolerance, equality, and justice as fairness. Nozick, claiming a Lockean heritage but actually inspired by Adam Smith (the "invisible hand") and Herbert Spencer ("survival of the fittest"), outlined a program for a minimal state, with very little taxation, offering no cushion at all against poverty, and providing no state assistance for the poor, the sick, the disabled, or the widowed. Rawls' vision is clearly part of the liberal tradition, while Nozick's championing of a minimal state contains illiberal elements.
Keywords: John Rawls, Robert Nozick, political liberalism, libertarianism, taxation, equality, justice.

The author starts with the relationship between Badiou's otherwise severe critique of democracy & Lefort's theory of democracy. Though accused of not being democratic, Badiou's theory in a certain sense presupposes democracy & even deepens it, yet not the democracy of today, the democracy of consensus, but a democracy that is not based on exclusion. Through the comparison of Badious's & Deleuze's critiques of representation, the author shows some consequences of Badiou's starting-point that "people think" for the conceptualization of the community, equality, & universality. Adapted from the source document.

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.

V članku je prikazan poskus ureditve mednacionalnih odnosov na istrskem polotoku v letih pred prvo svetovno vojno v širšem kontekstu reševanja nacionalnih konfliktov v avstrijski polovici Habsburške monarhije. Poseben poudarek je na predstavitvi in analizi moravskega kompromisa leta 1905, ki je temeljil na osebnem načelu in je postal nekakšen model za urejanje mednacionalnih odnosov v Cislajtaniji ter na analizi istrskega kompromisa leta 1908, ki je temeljil na teritorialnem načelu. ; The Habsburg monarchy was an absolutist monarchy before 1848, and from the Theresian-Josephine period there was a tendency to introduce a centralised unitary state. However, this was resisted by Hungary, which was able to maintain its special position under constitutional law. In 1867, the Habsurg Monarchy accepted the Austro-Hungarian compromise to be organized as a dual monarchy, as a personal and real union of two equal and more or less centralized states. The Monarchy was renamed to Austro-Hungary, however, in both parts of the states, this caused various national groups to experience a sense of discomfort and threat and consequently revoked their historical rights and national law. After the establishment of the Dual monarchy, the Wienna governments first favoured the correctional measures plans leading to federalism, after the affirmation of the dualism and the centralization, however, the idea of compromises became the central focus of solving the national disputes in Cisleithania. In 1905, German and Czech politicians in Moravia managed to reach an agreement on how to regulate the national situation in the country. The Moravian Agreement, which was conceived by the Regional Committee, was not based on territorial but on personal principles and became a model for the regulation of international relations in Cislaitania. The Istrian peninsula was also a focal point of national conflict, where Slavic deputies, especially after 1883, strongly advocated the realisation of linguistic equality in the country. The Italian majority in the Istrian Regional Assembly consistently rejected linguistic equality in the Regional Assembly. The Italian side became more receptive to Slavic demands only after the introduction of universal male suffrage for the National Assembly (1907), when it became clear that the process of political democratisation was working in favour of the emancipation of the majority Slavic population. In 1908, the Istrian Agreement, or the Regional Electoral Reform, was signed. The Slavs on the Istrian peninsula have thus won a victory. The Istria Agreement was based on the territorial division of electoral districts according to the principle of nationality and ensured that neither side majorised the other.

Varstvo materinstva je bistvenega pomena za zdravje in dobro počutje žensk ter njihovih otrok. Ključnega pomena je ženskam zagotoviti dostojno delo in enakost spolov, saj jim omogoča združitev reproduktivne in produktivne funkcije ter prepreči neenako obravnavanje pri zaposlovanju. Magistrsko diplomsko delo obravnava diskriminacijo nosečnic na delovnem mestu na nadnacionalni in nacionalni ravni. Uvodu v drugem poglavju sledi opis pojma in oblike diskriminacije nosečnic na delovnem mestu, v tretjem poglavju pa so na kratko opisani dokumenti, ki urejajo diskriminacijo nosečnic na mednarodni ravni. Ker pa je bistvo naloge primerjalnopravni vidik diskriminacije nosečnic na delovnem mestu, ki se bo nanašal na primerjavo med državami članicami Evropske unije, je v četrtem poglavju opisana diskriminacija nosečnic na ravni Evropske unije, dve najpomembnejši direktivi na tem področju in sodna praksa Sodišča EU. V petem poglavju je bolj podrobno opisana diskriminacija nosečnic na delovnem mestu v Sloveniji, relevantna zakonodaja, postopki v primeru diskriminacije, primeri pred Zagovornikom načela enakosti in nekaj primerov iz sodne prakse slovenskih sodišč. Šesto poglavje je namenjeno primerjavi diskriminacije nosečnic na delovnem mestu v različnih državah članicah Evropske unije, v katerem so primerjane Belgija, Nemčija, Poljska, Romunija, Španija in Švedska. V sedmem poglavju sledijo moji zaključki in ugotovitve, kako kljub zelo veliki zaščiti nosečih delavk v zakonodaji še vedno prihaja do številnih diskriminacij, zakaj je temu tako in kako bi lahko stanje izboljšali. ; Maternity protection is essential for the health and well-being of women and their children. It is crucial to ensure that women have access to decent work and gender equality, to enable them to combine their reproductive and productive functions and to prevent unequal treatment in employment. Master thesis deals with discrimination of pregnant women in the workplace at supranational and national level. The introduction is followed by the second chapter which describes the term and forms of discrimination against pregnant women in the workplace, while the third section briefly describes the documents governing discrimination against pregnant women on the international level. However, since the essence of the thesis is the comparative legal aspect of discrimination against pregnant women in the workplace, which will refer to the comparison between the Member States of the European Union, Chapter 4 describes the discrimination of pregnant women at European Union level, the two most important directives in this field and the case-law of the European Court of Justice. Chapter 5 in more detail describes the discrimination against pregnant women in the workplace in Slovenia, relevant legislation, procedures in case of discrimination, cases before the Advocate of the principle of equality, and some examples from the Slovenian case-law. Chapter 6 is intended to compare the discrimination against pregnant women in the workplace in different Member States of the European Union, comparing Belgium, Germany, Poland, Romania, Spain and Sweden. In Chapter 7 my conclusions are presented and the conclusions on how, despite the very high protection of pregnant worker in legislation, there are still many disparities, why is this the case and how the situation could be improved.

Book, written in Slovene, discusses the legal content and scope of the concept of discriminatory harassment, which is deemed to be an unlawful discrimination under modern EU non-discrimination law, in the context of implementation of provisions of relevant EU directives in legal systems of the United Kingdom and Ireland. the two most important EU non-discrimination directives, adopted under Article 13 of the Treaty Establishing the European Community (now Article 19 of the treaty on the Functioning of the European union) - Racial Equality Directive (Directive 2000/43/EC) and Employment Framework Directive (Directive 2000/78/EC) - explicity mention harassment as prohibited form of discrimination. Legal definitions contained in these two directives define harassment as discriminationdiscrimination itself. Prior to the transposition of the EU non-discrimination directives into their laws, while few member states tackled this issue either within the context of the law on equal treatment (e.g. Denmark, the United Kingdom and Ireland) or outside this context (e.g. France), that is in the framework of criminal, civil, health and safety or employment legislation. As a result of the implementation of relevant provisions of the two main non-discrimination directives (Directives 200/43/EC and 200/78/EC) a definition of harassment has been included in legislations of all EU member states. In most member states such legislative definition is a literal copy of the definition of harrasment that can be found in the Directives 2000/43/EC and 2000/78/EC. The approach to the definition of harassment that appears to be the most "generous" from the perspective of victims of discriminatory harrasment is the one that was taken by British legislator. Such legal position in respect of the prohibition of discrimination has been developed in British case law and is based on the extensive interpretation of non-discrimination laws.

Demokracija je oblika oblasti, ki jo danes večina ljudi dojema kot najbližjo idealni ureditvi države, saj temelji na svobodi, enakosti in varnosti – ciljih, za katere bi si morala prizadevati sodobna družba. V uvodu, ki je hkrati prvo poglavje magistrske naloge, podajam opredelitve demokracije in ustavne demokracije na način, kot jih trenutno razumem sama. V drugem poglavju se ukvarjam z načeli in pogoji ustavne demokracije ter z ustavno demokracijo v Republiki Sloveniji. V tretjem poglavju poskušam poudariti pomen ustave. Najbolj me zanima, ali ustava kot najpomembnejši pravni in politični akt svobodo v demokratični ureditvi omejuje ali jo zagotavlja. Čeprav je demokracija nepredstavljiva brez svobode kot svojega temeljnega elementa, ta svoboda ne sme in ne more biti neomejena. Si lahko predstavljamo družbo, v kateri svoboda nima meje, v kateri ni vrhovnega zakona, na katerega bi se lahko vsak posameznik skliceval, ko njegove pravice ogroža država ali drug posameznik? Prvo ključno vprašanje, s katerim se v tem kontekstu ukvarjam, je del četrtega poglavja z naslovom »Človekove pravice in svoboščine – srž ustavne demokracije?«. V petem poglavju namenim pozornost Ustavnemu sodišču. Bistvo ustavne demokracije je Ustavno sodišče opredelilo v odločbi št. U-I-111/04 z dne 8. 7. 2004, ki jo predstavim na koncu magistrske naloge. V sklepu predstavim moj osebni pogled na politični sistem, kakšna je ustavna demokracija ter potrdim oziroma zavrnem postavljene hipoteze ; Democracy is a form of government that is perceived by most people today as the closest to the ideal form of a state, since it is based on freedom, equality and security – the goals that every modern society should aim for. The introduction of the master's thesis, which is also its first chapter, defines democracy and constitutional democracy from our point of view. The second chapter focuses on the principles and conditions of the constitutional democracy and briefly presents the constitutional democracy in the Republic of Slovenia. The third chapter tries to underline the significance of the Constitution. We were mostly interested if the Constitution as the most important legal and political act in a democratic systemrestricts or guarantees ourfreedom. Although democracy is unperceivable without freedom as its fundamental element, it must not and cannot be unlimited. Is it possible to imagine a society in which freedom is unlimited and where there is no supreme law one can refer to in case their rights are undermined by the state or another individual? The first key question that is raised in this context is part of the forth chapter, titled Human Rights and Liberties – Core of Constitutional Democracy? The fifth chapter deals with the Constitutional Court. The essence of the constitutional democracy was defined by the Constitutional Court in the U-I111/04 decree on July 8th, 2004, which is presented at the very end of our master's thesis. The conclusion encompasses our personal view of the political system, such as the constitutional democracy, and either confirms or refutes our set hypotheses.

Sub-Saharan Africa is a very diverse region with extensive natural wealth, great human potential, and a rich history. However, the majority of its countries are among the poorest in the world and about half of its 800 million inhabitants live in extreme poverty. Sub-Saharan Africa produces only 1.5% of the world's GDP and its share in world trade has fallen from 6% in 1980 to 2% today. The region's exports remain dominated by primary goods (fuels, ores, and agricultural products). The roots of the region's economic weakness lie variously in the past colonial relationships with European countries and in unjust global trade patterns as well as in misuse of power by ruling political elites in the post-independence era. Numerous civil wars and other conflicts have fragmented the sub-Saharan countries into many factions and parties fighting for domination. The region is lagging behind developed countries because of corruption, lack of infrastructure, weakness of its institutions, heavy indebtedness, lack of education and health services, and unfavorable natural conditions, among other factors. Subsistence agriculture is the source of livelihood for most Africans. Nevertheless, average yields per hectare are low and heavily dependent on climatic conditions. Compared to urban areas (except for slums), people living in rural areas have worse infrastructure and are further from achieving the UN's Millennium Development Goals. The recent increase in food prices is threatening the limited progress in reducing hunger and malnutrition (28% of children under age five are underweight and particularly vulnerable to infectious diseases). Little progress has been made in reducing child and maternal mortality; mortality rates remain the highest in the world. In the previous decade, life expectancy in sub-Saharan countries has fallen due to the spread of HIV/AIDS and it still remains below fifty. In addition, many negative socioeconomic effects are the result of malaria, which kills approximately one million people every year, 91% of whom live in sub-Saharan Africa. In order to promote gender equality and empower women, education is of vital importance. Compared to other (especially developed) regions, school enrollment rates are considerably lower and dropout rates considerably higher, particularly for girls. The majority of countries in subSaharan Africa will not be able to achieve their educational goals by 2015. Despite the fact that the region is not exceeding the carrying capacities of its environment (as measured by its ecological footprint), environmental problems in some areas are severe. Deforestation, desertification, coral bleaching, negative effects of climate changes (sea level rise, reduced freshwater availability, extreme weather events, etc.), loss of biodiversity, and soil degradation are the most worrying. Population growth is exacerbating these environmental problems and is making it more difficult to achieve a higher standard of living for all. Owing to the complexity of developmental problems, sub-Saharan Africa will have to use its own resources very wisely and make the most of development aid from developed countries.