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Pravila EU in mednarodnih organizacij o javnozasebnem partnerstvu
In: Lex localis: revija za lokalno samoupravo ; journal of local self-government ; Zeitschrift für lokale Selbstverwaltung, Band 7, Heft 2
ISSN: 1581-5374
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.
Razmerje med sektorsko regulacijo in konkurencnim pravom pri regulaciji elektronskih komunikacij
In: Uprava, Band 6, Heft 2, S. 35-53
Uporaba pravil Obligacijskega zakonika za razmerja iz koncesijske pogodbe: koncesijska pogodba na meji med javnim in zasebnim
In: Lex localis: revija za lokalno samoupravo ; journal of local self-government ; Zeitschrift für lokale Selbstverwaltung, Band 6, Heft 2, S. 245-270
ISSN: 1581-5374
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.
K ponatiu, meraniu a globalnej regulacii procesu globalizacie vo svetovej ekonomike
In: Politická ekonomie: teorie, modelování, aplikace, Band 57, Heft 1
ISSN: 0032-3233
The article is concerned with typology of differentiated author's opinions on the world economy phenomena, as internationalization, integration and globalization. The author examines, from the international political economy point of view, their differences and formulates three phases of internationalization process. The author defines also the relation of these phenomena to the process of integration and regionalization in the world economy and pays attention to frequently discussed topic of global governance as well. The author further examines the possibilities of measuring globalization process intensity on both world wide and national economy levels. The article assigns a set of characteristic features or indicators making possible to define main limits of when a given national economy can be hold as being incorporated and in what rate into the globalization process. This step of identification of globalization intensity rate is very important, as starting point, when a strategy of adaptation to globalization trends is needed to be formulated, evidently, closely with the competitiveness growth and catching-up strategy elaboration. Adapted from the source document.
Regionalizacija slovenije -- izzivi in dileme
In: Lex localis: revija za lokalno samoupravo ; journal of local self-government ; Zeitschrift für lokale Selbstverwaltung, Band 5, Heft 4, S. 19-39
ISSN: 1581-5374
The regionalization of Slovenia implies that it is about a demanding professional & political project, which is expected to be completed in 2008 by establishing the regions. The beginning of their functioning is planned as from 1 January 2009. In order to provide this process, some constitutional amendments were introduced in 2006 The regional legislation with its associated implementing regulations should implement them. The bills on regions, their financing, regional elections & establishment of regions (these bills are already being discussed in the National Assembly of the Republic of Slovenia) are a touchstone for introduction of regions & for a successful beginning of their functioning. There is a variety of challenges & dilemmas regarding regional competences & the number of regions, own tax resources, regional authority organization & other issues. Very few international standards & good local & regional self-government principles are adhered to in Slovenia. For this reason, some criticism has come from the Council of Europe & the European Union. Although regionalization is an internal matter of the states concerned, the European principles regarding the objectives of regionalization, division & sharing of powers between levels of government, the scope of regional self-government, sharing of tax revenues & public finance, the connection between the regionalization processes & European & world processes, etc. cannot be avoided. References. Adapted from the source document.