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Case studies of independent audits of police financial operations by the Court of Audit of the Republic of Slovenia
Bojan 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: 11.06.2021; Views: 127; Downloads: 3
URL Link to full text

Selective distribution restrictions in the EU competition law
Daria 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: 15.01.2021; Views: 201; Downloads: 0

The cross-border enforcement of court settlements within Brussels Ia Regulation
Philipp 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: 15.01.2021; Views: 124; Downloads: 0

Provisional security of creditors in cross-border civil and commercial matters
Neža 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: 15.01.2021; Views: 147; Downloads: 0

The right to cyborgization in Slovenia
Blaž Ivanc, 2019, original scientific article

Keywords: right to health, cyborg, legal regulation, personality, ethics, Slovenia
Published: 15.01.2021; Views: 89; Downloads: 10
URL Link to file

International surrogacy arrangements - perspectives on international regulation
Jasmina 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: 15.01.2021; Views: 66; Downloads: 38
URL Link to file

Community health nursing in Slovenia and Croatia - selected legal aspects
Suzana 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: 15.01.2021; Views: 91; Downloads: 33
URL Link to file

Obseg dopustnosti nerevizijskih storitev po najnovejši evropski revizijski reformi ter njena implementacija v sloveniji, nemčiji in na hrvaškem
Irena Štaher, 2019, master's thesis

Abstract: Zaradi izgube zaupanja v revizorjevo delo (različni škandali) je Evropska komisija izdala leta 2014 Direktivo 2014/56/EU ter Uredbo 537/2014/EU, da bi povrnila zaupanje. Države članice so morale to ustrezno implementirati do 17. junija 2016. Pri implementaciji je državam članicam bilo danih kar nekaj izbirnih opcij. Glavni cilj pa je, da se poveča neodvisnost ter nepristranskost revizorja kot tudi kakovost ter preglednost revizije … Nekaj sprememb oziroma novosti sem proučila v prvem delu magistrske naloge, potem pa sem se osredotočila na prepovedane nerevizijske storitve. Uredba v 5. členu daje seznam prepovedanih nerevizijskih storitev in možnost, da so pod določenimi pogoji nekatere storitve tudi dopustne. Pomembno je, ali gre pri izvajanju obvezne revizije za subjekt javnega interesa ali ne, saj 5. člen Uredbe daje prepoved samo za subjekte javnega interesa. Primerjala sem, kako je z njimi v Sloveniji, na Hrvaškem in v Nemčiji. Obstajajo razlike, Slovenija je do sedaj imela kar širok nabor teh storitev in so veljale za vse družbe. Po novem pa bi imela Slovenija seznam za subjekte javnega interesa, kot je to določeno v 5. členu Uredbe, ter dopustnost nerevizijskih storitev enako kot to predvideva Uredba, pri ostalih pa se ne sme kršiti pravil revidiranja. Pri prepovedanih nerevizijskih storitvah in dovoljenih izjemah za subjekte javnega interesa sledita Nemčija in Hrvaška Uredbi, le da na Hrvaškem niso dovoljene storitve vrednotenja kot to predvideva Uredba, v Nemčiji pa je prepovedeno dodatno še agresivno davčno načrtovanje. Pri obeh omenjenih državah pa za ostale družbe, ki niso subjekti javnega interesa obstajajo nekatere storitve, ki so prepovedane. Ugotavljajo tudi, da se je položaj revizijske komisije zaradi najnovejše revizijske reforme v zvezi z nerevizijskimi storitvami še dodatno okrepil. Revizijska komisija še podrobneje spremlja delo zakonitega revizorja in revizijskih družb ter preverja neodvisnost, prav tako pa mora spremljati naročene nerevizijske storitve, samo izvajanje takšnih storitev in neodvisnost pri izvajanju takšnih storitev. Pomembno vlogo ima tudi pri izbiri zakonitega revizorja oziroma revizijske družbe. Z implemetacijo novele ZGD-1I se je položaj revizijske komisije okrepil.
Keywords: audit reform, Directive 2014/56/EU, Regulation 537/2014/EU, banned non-audit services, audit committee.
Published: 16.08.2019; Views: 672; Downloads: 62
.pdf Full text (1,89 MB)

Public policy in Brussels regulation I
Tomaž Keresteš, 2016, original scientific article

Abstract: This article deals with the notion of public policy in the framework of Brussels system the past, present and future. Author concludes that Brussels I Recast Regulation did not change much regarding the public policy issue. Even though initially there were thoughts that it should be removed from the system altogether, at the end only the exequatur has been abolished, but the public policy exception remained. As there was no significant change related to the public policy exception in the last Regulation, all the case law made under Brussels Convention and Brussels I Regulation is still applicable. This means that the public policy exception can be based on either procedural or substantive public policy arising out of national legal order and suitable for international relations (international public policy). There are also emerging contours of pure EU public policy. However, this one is still not supplementing the public policy based on national legal rules as this is a hallmark of European diversity.
Keywords: Brussels Regulation I, Brussels Convention, Court of Justice of the EU, contradictory principle, judgement, public policy
Published: 02.08.2018; Views: 607; Downloads: 50
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Abolition of exequatur in Brussels Ia regulation
Paula Poretti, 2016, original scientific article

Abstract: This article will analyse and evaluate if and to what extent enforcement of judgments according to the Brussels Ia Regulation may be challenging for Croatian judges. It seeks to answer the questions a) which novelties in terms of recognition and enforcement of foreign judgments are introduced through the system of cross-border enforcement of judgments under Brussels Ia and b) with regard to the lack of implementation provisions in Croatian legal system, how will a new “adaptation device” according to Art. 54 of the Brussels operate. In particular, how and by whom will the adaptation of measure or order be carried out and how will it be challenged pursuant to Art. 54 (2) of the Brussels Ia Regulation. In a search for possible answers, approaches as well as solutions adopted in the legal systems of some Member States will also be taken into account. Considerations which can be attributed to the lack of provisions regarding implementation of the Brussels Ia Regulation in Croatian legal system will be highlighted.
Keywords: exequatur, abolition, Brussels Ia Regulation, adaptation, measure, order, recognition, enforcement, execution, judgment
Published: 02.08.2018; Views: 433; Downloads: 40
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