Suchergebnisse

Magistrsko diplomsko delo z naslovom Glavna obravnava v upravnem sporu kot človekova pravica celovito obravnava vprašanje (ne)izvedbe glavne obravnave v upravnem sporu. Mednarodni in slovenski predpisi predvidevajo javne sodne postopke z neposrednim ustnim obravnavanjem zadev. Prvi odstavek 6. člena Evropske konvencije o varstvu človekovih pravic in temeljnih svoboščin določa, da je javna obravnava sestavni del pravice do poštenega sojenja. Ustava Republike Slovenije posredno ureja glavno obravnavo v upravnem sporu, in sicer zlasti v 22. členu (enako varstvo pravic), 23. členu (pravica do sodnega varstva) in 24. členu (javnost sojenja). Glavno obravnavo kot zakonsko materijo podrobneje urejajo določbe Zakona o upravnem sporu in Zakona o pravdnem postopku. Izhajajoč iz ugotovitev Evropskega sodišča za človekove pravice, Ustavnega sodišča Republike Slovenije in Vrhovnega sodišča Republike Slovenije v magistrskem diplomskem delu zagovarjam dosledno izvedbo glavne obravnave, predvsem v primeru spornega dejanskega stanja in ko stranka njeno izvedbo izrecno zahteva. Vrhovno sodišče Republike Slovenije in Ustavno sodišče Republike Slovenije sta v novejši sodni praksi zavzela enotno stališče, da ima glavna obravnava v upravnem sporu enako naravo in smisel kot glavna obravnava v katerem koli drugem sodnem postopku. Ustavno sodišče Republike Slovenije je pravico do glavne obravnave v upravnem sporu opredelilo kot samostojno človekovo pravico, ki jo zagotavlja 22. člen Ustave Republike Slovenije. Pravica ni absolutna, zato morajo biti posegi vanjo zakonsko določeni ter prestati ustavna testa legitimnosti (tretji odstavek 15. člena Ustave Republike Slovenije) in sorazmernosti (2. člen Ustave Republike Slovenije). ; The master's thesis titled The main hearing in an administrative dispute as a human right comprehensively deals with issues regarding decision-making in an administrative dispute. International and Slovenian legal acts envisage public legal procedures with direct oral proceedings. The right to an oral hearing is an integral part of the right to a fair trial, as guaranteed by Article 6 of the European Convention on Human Rights. The Constitution of the Republic of Slovenia indirectly regulates the right to a main hearing in an administrative dispute, especially in Article 22 (Equal Protection of Rights), Article 23 (Right to Judicial Protection) and Article 24 (Public Nature of Court Proceedings). The right to a main hearing is specified in the Administrative Dispute Act and the Contentious Civil Procedure Act. Building on the findings of the European Court of Human Rights, the Constitutional and the Supreme Court of the Republic of Slovenia, the master's thesis advocates for the consistent execution of the main hearing, particularly in cases where facts are being disputed and when a party explicitly demands it. The Constitutional and the Supreme Court of the Republic of Slovenia agreed that the main hearing possesses the same nature and meaning in an administrative dispute as it does in any other judicial proceeding. The Constitutional Court of the Republic of Slovenia has declared the right to a main hearing in an administrative dispute as an independent human right, which is guaranteed by Article 22 of the Constitution. As the right is not absolute, the absence of the main hearing is only permissible in duly justified cases prescribed by law and when the Constitutional tests of legitimacy (paragraph 3 of Article 15 of the Constitution) and proportionality (Article 2 of the Constitution) are passed.

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.

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.

In this paper, the author gives a detailed critical discussion of the conditions of possibility of the politics &/or ethics of enjoyment such as that conceived by Sade. She begins by discussing the hypothesis advanced by a set of eminent interpretations of Sade's work according to which there is an irreducible antagonism between disruptive passions & social bonds. The central theme of this essay -- that society is rooted in the imperative of enjoyment -- is elaborated on. As a consequence of this discussion, the author turns to the question of the evil inherent to enjoyment. She concludes that the entire project of the politics & ethics of enjoyment is centered on the deculpabilization of passions & enjoyment since, in Sade, the evilness of enjoyment is imputed to Nature. It could thus be said, argues the author, that Nature is Sade's "symptom," denouncing in this way that Sade, the theorist of enjoyment, is unable &/or unwilling to assume the evilness of enjoyment. Adapted from the source document.

Abstract. Informal carers' telecare acceptance decisions
depend on how their care recipients perceive telecare,
yet this relationship has not been researched very much.
This article draws on qualitative data gathered from
informal carers to explore reciprocity in telecare perceptions
within dyads of informal carers and care receivers.
A 4-month intervention study was conducted from
2018 to 2019 in the Central Slovenia region. A purposive
sample of 22 older adults and their informal carers
tested two telecare solutions. Thematic analysis was
conducted using Atlas.ti 8, with four themes emerging:
1. the benefits of telecare use for older adults; 2. reluctance,
rejection or negative perceptions of telecare; 3.
the potential violation of older adults' privacy; and 4.
the importance of external and internal information
for effective telecare use. This study confirms that that
telecare perception is dyadically interdependent.
Keywords: assistive technologies, informal care, ageing
in place, dyads, older adults

V pričujočem delu se avtorica loteva raziskovanja terapevtovega doživljanja terapevtskega odnosa in sicer skozi prizmo navezanosti. Teoretični uvod tako predstavlja podrobno predstavitev teorije navezanosti od Bowlbyja naprej. Avtorica pregleda zgodovino koncepta kot tudi njegov razvoj in etiologijo. Drugi del teoretičnega uvoda je sestavljen iz predstavitve koncepta terapevtskega delovnega odnosa in njegove implikacije za terapevtsko delo. Avtorica se znova poglobi v razumevanje koncepta in skuša slediti njegovemu razvoju. Delo nato preide na raziskovalni del. Avtorico je zanimalo, kako terapevti doživljajo terapevtski odnos skozi lečo navezanosti. Za ta namen je terapevtski odnos razdelila na tri faze – fazo prednavezanosti, ki jo zaznamuje vzpostavljanje kontakta in učenje pravil terapevtskega dela, sledi ji faza oblikovanja navezanosti, kjer je dinamika že utečena, klienti pa opažajo prve spremembe v svojem življenju, in zadnja faza, torej faza navezanosti, ki jo oblikuje visoka stopnja zaupanja, jasna komunikacija med klientom in terapevtom in dobra delovna aliansa. Avtorica je za namen naloge intervjuvala osem terapevtov in podatke, pridobljene v teh intervjujih analizirala s pomočjo kvalitativne metode fenomenološke raziskave. Ugotovitve so pokazale, da se doživljanje terapevtov v veliki meri sklada z do sedaj aktualno teorijo. V fazi prednavezanosti so terapevti poročali o tem, da se odnos šele oblikuje, zaupanje vzpostavlja, komunikacija še usklajuje. V fazi oblikovanja navezanosti terapevti poročajo o naraščajočem zaupanju in opažanju sprememb in v zadnji fazi poročajo o močni navezanosti in z rastjo odnosa vedno bolj enakovreden odnos med terapevtom in klientom. To je tudi obdobje, ko klient in terapevt načrtujeta zaključek. Raziskovalno delo je avtorici ponudilo vpogled v globoko doživljanje terapevtskih odnosov s strani terapevta, spoznala je izzive, s katerimi se terapevti srečujejo pri svojem delu, pa tudi dobrobiti terapevtskega dela. V svojem delu je avtorica izpostavila tudi pomanjkanje informacij s področja raziskovanja terapevtske perspektive. ; In the current master thesis, the author is exploring a therapists' perception of psychotherapy process through the lens of attachment. The theoretical part consists of precise description of ontogeny of the attachment theory from his beginner, John Bowlby. The author follows the history and etiology of the mentioned concept. The other part of the master thesis consists of presentation of the working alliance concept and its indication for therapeutic work. Author tries to get an overall understanding about the concept, its origins and current implications. In the current master thesis, the author was interested in therapists' perception of psychotherapy relationship through the attachment perspective. To enquire about it she divided the attachment process on three main stages – the preattachment stage, characterized by first contact and establishment of communication, second stage, namely attachment in the making stage, where the trust and therapy framework is already established and clients can see first changes, and last, third phase that is the attachment phase, where therapist and clients have high level of trust, good communication and good working alliance. Author interviewed eight therapists and analyzed the information from the interviews via phenomenological research. Results have shown that the way therapists from the research see their relationships folds well with the current theory from the field. In the preattachment stage the therapist spoke about the way the relationship has yet to be built, the trust has yet to be gained and communication is still on shaky grounds. In the second, attachment in the making phase, therapists observe deeper trust, clients start seeing changes in their lives and in the last, attachment phase they describe the relationship as of one of strong attachment. With continuation of the relationship the relationship itself become more of an equal one and is, as such, slowly transcending into the conclusion phase. The research work enabled the author to see the depth of the therapists' experiencing of the relationships they make with their clients, she get to know the challenges of the therapeutic relationships and also the benefits of it. As a conclusion, the author exposes the lack of information available on research done of exploring the therapists' perspective.

The particle still remains a challenge for linguists given that its meaning
is determined each time it is used in a specific text. From a propositionality
aspect, particles are a kind of communication by an author, including their
mood; from a functional point of view, particle use can be either primarily
in modal (interpersonal) or connecting (text) roles. It was particularly
this communicative-pragmatic perspective, which includes the speaker or
author in the system of dictionary explanations, accompanied by definitions
of particles as part of speech, that featured among the many other
reflections on language that occupied Prof. T. Korošec. The article therefore
describes how the presentation of particles and particle use is solved in the
new explanatory dictionary of standard literary Slovenian. The most comprehensive
and functional semantic-circumstantial evaluation of particles
can be found in lexical representation.
Keywords: particles, particle use/role, modality, text, dictionary

The article analyzes three constellations of the notion we -- one coming from Hegel & two from Nietzsche. Their common feature is that in their inner sense, they should not be understood as something that designates a group of people, but rather instead as three different structures of nothing. By developing them, the author attempts to grasp some of the key differences between the two philosophical endeavors. Adapted from the source document.

This essay is an attempt to explore the status of otherness in politics & psychoanalysis by analyzing & bringing into question the seemingly self-evident relationship of the mutual exclusion between politics & psychoanalysis. In an attempt to move beyond the traditionally hostile polarities of the singular & the universal & to reverse the usual perspective, the author considers the relationship between psychoanalysis & politics from the point of view of the community "for all" constituted through a complex practice of disidentification & production of the "whatever" singularities. Adapted from the source document.

Through his analysis of classical sources, the author finds no convincing grounds for understanding the myth of Europe as the foundational myth of the modern political & cultural entity that calls itself Europe. In this Europe, however, it is widely believed that Greek myth is the European foundational myth. By taking over Greek & Roman interpretations of the myth of Europe as a love story, & the adjunct eroticizing & banalizing the rape of Europe, rape has become a constitutive element of European identity. Adapted from the source document.

The author poses the question of whether it is possible to say, contrary to common agreement, that Hegel's political thought contains the elements of liberal political thought. She shows, through examination of The Elements of the Philosophy of Right, that Hegel's definition of an individual as a being of reason & as a free being at the same time points in the direction of liberalism & its preoccupation with the freedom & autonomy of the individual. Hegel's key emphasis, however, is that freedom of free choice already presupposes a choice already made, a forced choice of the frame of the free choice itself, which an individual has to take upon himself/herself. Adapted from the source document.

Abstract. The article reflects on a key category introduced by Adolf Bibič
in his 1990 theoretical work Civil Society and Political Pluralism; namely,
association pluralism. Bibič introduced this concept into Slovenian political thought to grasp the diverse social and political developments of the 1980s and to open up a new view of political pluralism that moves beyond party pluralism. The author therefore asks whether the notion of associational pluralism still holds sufficient explanatory potential and is worth preserving and developing further, or whether it can be used to deal with a new social and political reality, i.e., political pluralism, which is also strongly marked by multifaceted environmental issues.
Keywords: associational pluralism, political pluralism, party pluralism,
civil society, state.

Does science think or does it not think, this traditionally philosophical dilemma has today become, according to the central thesis of this essay, inherent to science itself. The author argues that it is in the interest of contemporary science itself to affirm itself as thought. It is precisely this perspective of science as thought which implies the ethical dimension of science. This is not to be understood in the sense of the necessity of some prohibitive instance such as an ethical demand, but rather in the sense that science, for its own internal reasons, should not give up regarding its desire: to be, both, an experiment of thought & a condition for thought. Only by being useful for thought can science be useful for something else. Adapted from the source document.

The "integration of Europe" is, among other things, a huge ideological undertaking. Part of that undertaking entails the appropriation of history for the political project of building a "European Union." One aspect of that appropriation of history is the rooting of Europe as a political community in historical times & places where Europe as such did not exist. Popular among such ideological constructs is presentation of the Carolingian Empire as the predecessor of contemporary, united Europe. By analyzing early medieval usages of the word Europe, the author argues that it is unwarranted to speak of any clear "idea of Europe," in the Carolingian period or, in turn, to portray the Carolingian Empire as the "first Europe" & a potential model for today's "integration of Europe.". Adapted from the source document.

The great restructuring of power in the Christian West at the beginning of the second millennium did not change the meaning of the notion of Europe as inherited from the previous two centuries. Rather, it brought forth new concepts to describe the unity of Western Christians, thus marginalizing "Europe" as a potential bearer of collective identity. Foremost among those new unitary concepts was Christendom -- a concept closely linked with the rise of the papal monarchy & the launching of the First Crusade as the pope's own war. By analyzing 11th-century sources & literature connected with the First Crusade, the author shows that the term Europe -- used merely in its geographical sense or in connection with the ancient myth of Europa & the legend of Japheth -- had little relevance for the practical & spiritual concerns of that age. Adapted from the source document.