1. Is the essential facilities doctrine fit for access to data cases? The data protection aspectRok Dacar, 2022, original scientific article Abstract: Personal data can be of great economic value for companies as it is an essential input for the offering of a wide array of services. One way for a company to obtain access to essential personal data controlled by another company is by demanding mandatory access on the grounds of the essential facilities doctrine. Such access, however, can violate the right to the protection of personal data of the data subjects if it is not based on one of the legitimate grounds for the processing of personal data set by the GDPR. Two of these grounds are especially likely to be applicable to the access to personal data mandated using the essential facilities doctrine: the interpretation of the Commission decision or the judgment of the Court of Justice ordering the granting of access as a legal obligation and the legitimate interest of the company requesting access, for such access. The anonymisation of personal data is not a viable option for the circumvention of the rules of the GDPR as anonymised personal data loses most of its economic relevance for companies.
Keywords: essential facilities doctrine, right to protection of personal data, grounds for processing personal data, anonymisation of personal data, General Data Protection Regulation
Published in DKUM: 26.09.2023; Views: 6; Downloads: 0
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2. Implementation of food matrix effects into chemical food contaminant risk assessmentAna-Andreea Cioca, Tomaž Langerholc, Livija Tušar, 2022, original scientific article Abstract: Food risk assessment plays an important role in protecting public health worldwide. Stakeholders involved in food risk assessment, such as national authorities, agencies, non-governmental organisations (NGOs), industry and consumers, need to properly understand the terminology of food risk assessment effectively. In this respect, the first part of the EU-FORA work programme (WP1) aimed to provide insights into the actual translation of two essential terms used in food risk assessment. ‘Hazard’ and ‘risk’ were first identified and compared between the English version of various food regulations and their equivalents in the national legislation of EU Member States. The comparison and critical evaluation revealed several inconsistencies. These inconsistencies could lead to misinterpretations, followed by errors in conducting risk assessments or communicating risks. We recommend that consistency is restored and maintained so that the message is properly communicated. The second part of the work programme (WP2) was focused on a specific area within chemical risk assessment (CRA). In this context, special attention was given to the impact of the food matrix on the bioaccessibility and bioavailability of heavy metals and metalloids. After collection and careful selection of data from scientific journals, a database with information on the bioaccessibility and bioavailability of cadmium (Cd), lead (Pb), mercury (Hg) and arsenic (As) in different food matrices was created for future statistical analyses related to dietary exposure.
Keywords: hazard, risk, food regulation, chemical contaminants, bioavailability, bioaccessibility, food matrix
Published in DKUM: 18.09.2023; Views: 54; Downloads: 5
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3. Cleavage-mediated regulation of Myd88 signaling by inflammasome-activated caspase-1Monika Avbelj, Iva Hafner Bratkovič, Duško Lainšček, Mateja Manček Keber, Tina Tinkara Peternelj, Gabriela Panter, Steven P. Treon, Boris Gole, Uroš Potočnik, Roman Jerala, 2022, original scientific article Abstract: Coordination among multiple signaling pathways ensures an appropriate immune response, where a signaling pathway may impair or augment another signaling pathway. Here, we report a negative feedback regulation of signaling through the key innate immune mediator MyD88 by inflammasome-activated caspase-1. NLRP3 inflammasome activation impaired agonist- or infection-induced TLR signaling and cytokine production through the proteolytic cleavage of MyD88 by caspase-1. Site-specific mutagenesis was used to identify caspase-1 cleavage site within MyD88 intermediary segment. Different cleavage site location within MyD88 defined the functional consequences of MyD88 cleavage between mouse and human cells. LPS/monosodium urate–induced mouse inflammation model corroborated the physiological role of this mechanism of regulation, that could be reversed by chemical inhibition of NLRP3. While Toll/interleukin-1 receptor (TIR) domain released by MyD88 cleavage additionally contributed to the inhibition of signaling, Waldenström’s macroglobulinemia associated MyD88L265P mutation is able to evade the caspase-1-mediated inhibition of MyD88 signaling through the ability of its TIRL265P domain to recruit full length MyD88 and facilitate signaling. The characterization of this mechanism reveals an additional layer of innate immunity regulation.
Keywords: Myeloid differentiation factor 88, Myd88, caspase-1, inflammasomes, regulation, innate immunity, inflammation
Published in DKUM: 16.08.2023; Views: 66; Downloads: 9
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4. Case studies of independent audits of police financial operations by the Court of Audit of the Republic of SloveniaBojan Tičar, Jona Koren Fric, 2020, original scientific article Abstract: Purpose: This paper presents an overview of audit-case studies of the Slovenian Court of Audit where the audit subjects were Police financial operations. In relation to other state authorities, the Court of Audit of the Republic of Slovenia is an autonomous and independent state authority that supervises the use of public funds. The Court of Audit supervises all bodies and authorities in Slovenia that are users of public funds, including the Police. Design/Methods/Approach: Research design of this paper is the set of three research methods used in collecting data and analysing findings. First method is descriptive analysis of legal regulations. Second research method is case-study analysis. Third research method is observational study based on direct interview. Synthesis is presented in the conclusions. Findings: The Court of Audit reviews the credibility of the response report of auditee after audit. If the Court of Audit assesses that the remedial actions were not satisfactory and that the user of public funds violated the obligation to ensure operational efficiency, the Court of Audit may issue a call for remedial action and serve such on the competent authority, which can take measures against the auditee. As the Police are a direct user of public funds, the Court of Audit has the power to carry out an audit of the operations of the Police based on the law. The Police as whole have never been the subject of a regularity or performance audit by the Court of Audit. Research Limitations / Implications: We have limited analysed in details only those cases where police units were subjects of audit performed by Slovenian Court of Audit. Originality/Value: The Police have been the subject of three audits in time from beginning of Court of Audit operations and today. These cases are presented in the quality analysis. Based on this quality analysis, authors have also addressed some questions directly to the Court of Audit of the Republic of Slovenia, i.e., in the form of a directed interview. The questions concerned external audits of Police operations by the Court of Audit and an assessment of the cooperation of the Court of Audit with the Police. Our research results are presented in the end of this article. In conclusion, the standpoints of the Court of Audit in fact support our previous findings presented in this paper.
Keywords: Slovenian Police, Slovenian Court of Audit, mandatory audits, regularity audits, performance audits, legal regulation of the Court of Audit
Published in DKUM: 11.06.2021; Views: 884; Downloads: 13
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5. Selective distribution restrictions in the EU competition lawDaria Kostecka-Jurczyk, 2020, original scientific article Abstract: The dynamic development of digital technologies favours the rapid increase the popularity of electronic commerce, but at the same time causes an ever-stronger competitive pressure, prompting manufacturers and wholesalers to use various tools for controlling the sales system, especially prices. They often impose various restrictions on commercial partners (e.g. distributors) by preventing them from using certain sales channels. However, it is difficult to delimit the legality of such sales restrictions. It is very difficult to find an answer to the question of where the appropriate demarcation line should be drawn that determines the violation of competition rules, especially in online sales. Regulation 330/2010 seems not to be tailored to the assessment of restrictions in online distribution channels. The aim of the article is to point out the lack of appropriate tools to assess the restrictions of internet sales. The article shows that there is currently no uniform approach by antitrust authorities, which in turn results in legal uncertainty. It seems that the amendment of Regulation 330/2010 should be considered and the market share threshold set out in it should be lowered, while at the same time ensuring that it will be an actual safe harbour for companies, including online distributors.
Keywords: anticompetitive agreements, block exemption regulation, competition law, online sales, selective distribution, vertical agreements
Published in DKUM: 15.01.2021; Views: 793; Downloads: 0 |
6. The cross-border enforcement of court settlements within Brussels Ia Regulation : from a European and an Austrian perspectivePhilipp Anzenberger, 2020, original scientific article Abstract: Despite the enormous practical relevance of court settlements, the Brussels Ia Regulation contains only a few explicit provisions for the cross-border enforcement of this legal instrument. This can cause difficulties in borderline cases, for example when it is doubtful whether the legal act in question is to be classified as a settlement or a judgment or which specific European regulation is applicable to a settlement containing several different claims. This paper provides a general overview of the rules for the enforcement of court settlements under the Brussels Ia Regulation and examines some problems that may specifically arise in the case of cross-border enforcement of court settlements.
Keywords: court settlement, Brussels Ia Regulation, cross-border enforcement, recognition, scope, judgment, certificate, exequatur
Published in DKUM: 15.01.2021; Views: 536; Downloads: 0 |
7. Provisional security of creditors in cross-border civil and commercial mattersNeža Pogorelčnik Vogrinc, 2020, original scientific article Abstract: Provisional measures can be of utmost importance to creditors especially in relationships with a cross-border element. The Regulation 1215/2012 is the legal source that provides rules regarding the jurisdiction to issue a provisional measure but also offers imperfect provisions regarding the recognition and enforcement of foreign provisional measures issued in other Member States of the European Union. Due to the inadequate regulation, CJEU case law has played an important role, but nevertheless the article finds and opens new questions that have not yet been answered.
Keywords: Regulation 44/2001, Regulation 1215/2012, provisional measure, jurisdiction, recognition, enforcement, arbitration clause, real connecting link
Published in DKUM: 15.01.2021; Views: 586; Downloads: 0 |
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9. International surrogacy arrangements - perspectives on international regulationJasmina Alihodžić, Anita Duraković, 2020, original scientific article Abstract: Although more than 30 years have passed since the birth of the first surrogate baby, surrogacy motherhood as a form of ART is still one of the most controversial issues that reflect moral, ethical, cultural, psychological, medical, economic and legal dilemmas. The juxtaposition of legal solutions at the national level has given rise to discussions on the optimal solutions for regulating model international surrogacy arrangements. Given the current social and political climate, the authors of this paper advocate for the reform of international adoption procedures as opposed to passing a new convention, in a way that respective provisions of international adoption convention should be adapted to capture the effects of international surrogacy arrangements - recognition of legal parentage, provided that it is in the best interests of the child, and that there is a biological link between the child and at least one intended parent.
Keywords: international surrogacy arrangements, international regulation, reform of international adoption procedure, recognition of legal parentage, best interest of the child
Published in DKUM: 15.01.2021; Views: 461; Downloads: 52
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10. Community health nursing in Slovenia and Croatia - selected legal aspectsSuzana Kraljić, Blanka Kačer, 2020, original scientific article Abstract: This article is dedicated to community health nursing which today constitutes the indispensable cornerstone of Slovenian and Croatian primary health-care. Authors also stress that community health nursing is recognized of crucial importance for public health and various vulnerable groups (e.g., children, elderly, ...) in many other European as well as non-European states. In Chapter 2, the authors represent basic historical milestones in both countries, Slovenia and Croatia, which have common historical roots. In Chapters 3 and 4, the central part of the article, authors analyze the current legal regulation related to community health nursing and thereby give special attention to differences in both national legal regulations. The major difference is given in concessions. Namely in Slovenia, community health nursing can be performed also based on a granted concession, but not in Croatia. In Chapter 5, some legal views on the role of community health nursing in local communities are emphasized (e.g., domestic violence). The last chapter is dedicated to the summarization of the authors' conclusions, in which they especially stress that the community health nursing in both countries today represents an important key factor for ensuring the constitutional right to health-care.
Keywords: community health nurse, primary care, aging population, concession, legal regulation
Published in DKUM: 15.01.2021; Views: 607; Downloads: 44
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