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Principles of national procedural law in summary procedures and the principle of effectiveness of the European law
José Caramelo Gomes, 2010, izvirni znanstveni članek

Opis: This paper presents the limits to the applicability of national procedural rules to the enforcement of European Union law by national courts in general and the European Small Claims Procedure in particular. It discusses several Court of Justice of the European Union principles, such as the principle of the institutional and procedural autonomy of the Member States, the principle of equivalence and the principle of effectiveness and points to the probable evolution of the case-law on the value and validity of national law incompatible with the European Union law.
Ključne besede: European Union, procedural law, litigation, judicial proceedings, efficiency
Objavljeno: 23.07.2018; Ogledov: 179; Prenosov: 24
.pdf Celotno besedilo (114,05 KB)

Some observations regarding cross-border debt collection in consumer disputes
Christophe Verdure, 2010, izvirni znanstveni članek

Opis: Cross-border debt collection in consumer dispute leads to many difficulties. The main one is the access to justice as consumers are generally not aware of their rights and legal proceedings may be expensive. The major difficulty in order to sue a counterpart based in another Member States is the determination of the competent court. However, this private international law issue is the first step in order to bring a legal action. This action may be disproportionate, on time and value, in comparison with the amount of the debt a consumer wants to recover. As a result, the European Commission has adopted the Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters which aims at facilitating cross-border disputes involving consumers. After recalling the main characteristics of the Directive, author also discusses online mediation, that can also lead to more effective results.
Ključne besede: cross-border debt collection, online mediation, consumer law, alternative litigation proceedings, Directive 2008/52/EC, private international law
Objavljeno: 23.07.2018; Ogledov: 134; Prenosov: 14
.pdf Celotno besedilo (120,61 KB)

Foreign insolvent debtor
Jorg Sladič, 2012, izvirni znanstveni članek

Opis: Creditors in international trade are often faced with issues of an insolvent foreign debtor who often has property and assets in several states. In such a case creditors are faced with difficulties of international collective insolvency proceedings. The introductory parts of the article examines the standard questions like the question of a single, universal property of an individual or legal person and on the other hand the principles of territoriality and universality in public international law as far as the effects of foreign collective insolvency proceedings are concerned. The article then deals with issues of the centre of main interests as the point of contact and issues opened with the application of the lex concursus.
Ključne besede: private international law, insolvency law, principle of territoriality, principle of universality, principle of single universal assets and property, recognition of decisions of foreign courts rendered in collective insolvency proceedings, recognition of effects of a foreign collective insolvency proceedings, centre of main interests
Objavljeno: 01.08.2018; Ogledov: 168; Prenosov: 15
.pdf Celotno besedilo (235,44 KB)

General principles in European small claims procedure
Bettina Nunner-Krautgasser, Philipp Anzenberger, 2012, izvirni znanstveni članek

Opis: The European Small Claims Regulation has been offering an alternative proceeding for small claims litigation in cross-border cases for almost four years now. Along with several important procedural simplifications, however, came considerable restrictions regarding the principles of public and oral proceedings established in the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Critics claim especially that the court’s power to omit any oral hearing in a Small Claims Procedure cannot fulfill the requirements of the Convention and the Charter. This question is going to be further investigated in the course of this paper. Before doing so, however, a rough overview of the scope, of some general principals and of the conduct of the European Small Claims Procedure shall be provided.
Ključne besede: European Small Claims Procedure, procedural simplifications, written procedure, principle of public proceedings, principle of oral proceedings, compliance
Objavljeno: 01.08.2018; Ogledov: 154; Prenosov: 13
.pdf Celotno besedilo (206,61 KB)

Interim measures in arbitration proceedings
Tatjana Zoroska-Kamilovska, Tatjana Shterjova, Univerza v Mariboru, 2013, izvirni znanstveni članek

Opis: Interim measures in arbitration proceedings are intended to provide protection of the parties’ rights in the course of the proceedings before the final award is rendered. This issue for a long time has been regarded to be rooted in public policy concerns, but gradually this power is being transferred to the arbitral tribunal itself. In the Republic of Macedonia, the issue of interim measures in international commercial arbitration is regulated in the Law on International Commercial Arbitration. The provisions of the law expressly provide for the power of the arbitral tribunal to grant interim measures, however many questions in regard of arbitral interim relief are left unsettled. The authors give an analysis of the currents state over this issue in the Republic of Macedonia, and make an attempt to provide a solid answer to the question – will the amended provisions of the UNCITRAL Model Law on International Commercial Arbitration be a good basis to overcome the perceived problems, or an approach similar to the Slovenian should be rather accepted.
Ključne besede: arbitration proceedings, concurrent jurisdiction, enforcement, interim relief, interim measures, preliminary orders, UNCITRAL Model Law on International Commercial Arbitration
Objavljeno: 01.08.2018; Ogledov: 166; Prenosov: 15
.pdf Celotno besedilo (402,04 KB)

The new Brussels I regime and arbitration
Petra Hietanen-Kunwald, Rikka Koulu, Santtu Turunen, 2016, izvirni znanstveni članek

Opis: As the revision process of Brussels I Regime has focused on the abolition of exequatur procedures, the interface between the Regulation and arbitration has been mostly a side note. Regardless of the fact that the systems of the Brussels I Regime and arbitration are two separate autonomous systems, overlapping issues arise. These interfaces have been discussed in the case-law of ECJ and later during the revision process. In the end, recitals elaborating the interface were added to the preamble of the Regulation, but no changes to the arbitration exclusion were introduced. The recital 12 aims to clarify how the arbitration exclusion adopted in the Regulation should be interpreted in the future. However, future case-law of ECJ is elemental to define the full meaning of the recitals.
Ključne besede: Brussels I, arbitration, New York Convention, lis pendens, parallel proceedings
Objavljeno: 02.08.2018; Ogledov: 179; Prenosov: 35
.pdf Celotno besedilo (518,28 KB)
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Supervision of medical activities
Grega Strban, 2016, izvirni znanstveni članek

Opis: It is investigated what kind of supervision could be exercised over medical activities in order to ensure the highest attainable quality of healthcare and access to medical services. To this end rights and especially duties of healthcare providers, definitions of sickness and effective healthcare provision, as well as various supervisory mechanisms and procedures for enforcing the rights, are analysed. It is argued that legal definitions of sickness and effective healthcare provision, stricter supervisory mechanisms and a single, legally regulated professional complaint procedure are required de lege ferenda.
Ključne besede: healthcare provision, sickness, mandatory health insurance, supervision, complaint proceedings, judicial review
Objavljeno: 08.10.2018; Ogledov: 171; Prenosov: 25
.pdf Celotno besedilo (333,49 KB)
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XIII. International Conference on Logistics in Agriculture 2019
2019, zbornik recenziranih znanstvenih prispevkov na mednarodni ali tuji konferenci

Opis: The 13th International Conference on Logistics in Agriculture, which has been organized by the Municipality of Sevnica, Grm Novo mesto - Biotechnology and Tourism Center, Faculty of Logistics, University of Maribor, Landscape Governance College GRM, Cooperative Union of Slovenia has this year's central theme the role and importance of human resources in logistics in agriculture. The conference has become traditional and paves the way for a different view of logistics in connection with agriculture. That's why we have invited lecturers on the topic Electric vehicles in agriculture.
Ključne besede: logistics, agriculture, local food, electric vehicles, international conferences, proceedings
Objavljeno: 17.02.2020; Ogledov: 90; Prenosov: 8
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