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1.
Competition authorities as the pillar of a competitive social market economy
Tatjana Jovanić, 2017, izvirni znanstveni članek

Opis: The European economic model benefits from market forces as conditions for achieving goals of enterprises and consumers and economic efficiency is assured by necessary market infrastructure. Competition authorities are, without a doubt, one of the crucial pillars of the (social) market economy. The strength and impact of the competition rules is determined by their efficient implementation. The modest results to date of the competition policy in transitional economies militates in favor of an increase of the institutional capacity and require strengthening of the regulatory powers of public agencies in construction of an efficient economic system. Establishing a system of competitive markets through sectoral regulation, competition protection and state aid control at the national level requires a valid solution for a variety of legal, political and institutional conflicts. As the experience of the countries of South-East Europe has shown, many difficulties arising from the establishment of a functioning control system are procedural and relate to institutional building dilemmas. The purpose of this article is to shed light on the requirements the Republic of Serbia has to satisfy in accession negotiations, and in particular, those related to building an efficient system of state aid control.
Ključne besede: social market economy, competition protection, state aid, institution building, Serbia
Objavljeno: 15.01.2021; Ogledov: 26; Prenosov: 2
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2.
A new European market in insurance distribution
María Rocío Quintáns Eiras, 2017, izvirni znanstveni članek

Opis: The present work provides an approach to the main changes brought to the insurance market by the introduction of the Directive (EU) 2016/1997 of the European Parliament and of the Council of 20 January 2016, which comprises the recast of Directive 2002/92 on insurance mediation. The new Directive implements relevant changes with the paramount aim of reaching a harmonization of the different national provisions concerning insurance and reinsurance distribution of the EU, both on the application scope and on the insurance consumer protection.
Ključne besede: insurance and reinsurance distribution, distribution channels, insured protection
Objavljeno: 15.01.2021; Ogledov: 24; Prenosov: 2
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3.
Creation of own reserves for own shares in the acquisition of own shares for withdrawal by simplified procedure under Slovenian law where the consideration is paid in instalments
Gregor Drnovšek, 2018, izvirni znanstveni članek

Opis: During the process of withdrawing own shares, the rules that are relevant, among others, to their acquisition by the company are regulations governing the creation of reserves for own shares. The regulations are clear in cases where the company acquires their own shares simultaneously with the payment of the purchase price. This article will pertain to the proper application of these regulations according to Slovenian law, specifically in cases where the company pays the purchase price for their own shares, which it intends to withdraw after acquisition, in instalments, and acquires their own shares only after paying the last instalment of the purchase price.
Ključne besede: reserves for own shares, protection of creditors, purchase price paid in instalments, capital maintenance principle, withdrawal of own shares, joint-stock company, balance sheet law
Objavljeno: 15.01.2021; Ogledov: 47; Prenosov: 141
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4.
The constitutional right to health protection in Belarus
Aksana Shupitskaya, 2020, izvirni znanstveni članek

Opis: The article analyzes the constitutional right enshrined in the Fundamental law of the Belarusian state, its Constitution, - the right to health protection. The purpose of the research is to analyze the relevant legal regulations and the problems associated with implementing the right to health protection in the modern Belarus. The paper will examine the constitutional basis of the right to health protection in Belarus, its essence and nature, normative legal acts regulating the analyzed right, problems and prospects of its implementation in light of the current conditions of the Belarusian state. The author considers the constitutional legal principles and constitutional legal norms as the basis of the right to health protection and reveals the essence of the analyzed right. The conclusion substantiates the idea that detailed regulation of the right to health protection is carried out at the level of normative legal acts of the Republic of Belarus adopted by various state bodies. The state of realization of the right to health protection is determined by socio-economic, political and other factors. Identifying a number of problems related to ensuring the right to health protection, the researcher analyzes the prospects for its further development in the Republic of Belarus.
Ključne besede: constitution, constitutional principles and norms, medical care, health protection
Objavljeno: 15.01.2021; Ogledov: 32; Prenosov: 7
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5.
Jurisdictional control in the sphere of public health protection in the Russian Federation
Sergey Victorovich Potapenko, Evgeniy Borisovich Luparev, 2020, izvirni znanstveni članek

Opis: The article is devoted to the issues of mandatory judicial control over acts of subjects endowed with state powers in the field of medical activity. In particular, we consider the judicial and administrative practice of resolving administrative legal disputes in connection with instituting administrative action in the field of public health protection. The current Code of Administrative Judicial Procedure (CAJP) of the Russian Federation combines the legal procedures previously included in separate regulatory acts for judicial control in the mandatory treatment of people suffering from mental illness, the active form of tuberculosis, as well as other diseases, the list of which remains open.
Ključne besede: medical law, health protection, mandatory judicial control, medical legislation, administrative proceedings
Objavljeno: 15.01.2021; Ogledov: 62; Prenosov: 7
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6.
Self-protective behaviour among young adults during public health crisis
Luka Jelovčan, Kaja Prislan, Anže Mihelič, 2020, izvirni znanstveni članek

Opis: Purpose: The purpose of this article is to examine perceptions of factors deriving from the theory of planned behaviour among younger adults in times of public health crisis, their self-protective behaviour compared to other age groups, and test the predictive factors according to the theory of planned behaviour. Design/Methods/Approach: An online survey has been conducted to examine self-protective behaviour in times of public health crisis. The survey was distributed to Slovenian citizens (n = 280) using the social network Facebook. Descriptive statistics were used to describe the sample and measured variables. Multiple regression analysis was conducted to determine associations between identified factors. Findings: The results of the study indicate that there are no significant differences in self-reported self-protection between younger adults and others. Additionally, attitude toward self-protective measures is the most important predictor of self-protective behaviour for both age groups. Only the attitude is significantly associated with self-protective behaviour among young adults, whereas among others, all three predictors are significantly associated with self-protective behaviour, explaining nearly twice the variance. Research Limitations/Implications: This research contributes to the understanding of motivators that drive individuals to engage in self-protective behaviour in times of health crises. It provides insight into young adults' self-protective behaviour. Most of the limitations are related to the sample, which only contains respondents from one social network and one country. Originality/Value: To the best of our knowledge, this is the first study that explored the self-protective behaviour of young adults during COVID-19 using the theory of planned behaviour and compares the differences in self-protective behaviour predictors among different age groups.
Ključne besede: theory of planned behaviour, young adults, self-protection
Objavljeno: 04.01.2021; Ogledov: 81; Prenosov: 7
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7.
The Impact of the EU General Data Protection Regulation (GDPR) on mobile devices
Domen Hribar, Miha Dvojmoč, Blaž Markelj, 2018, izvirni znanstveni članek

Opis: Purpose: The purpose of this paper is to examine novelties introduced by the European Regulation (2016/679) on the Protection of Natural Persons with Regard to the Processing of Personal Data (GDPR) and its key impacts on mobile device users. The paper also presents some of the main changes affecting both natural persons and legal entities. Further, certain issues that might occur while implementing the Regulation are raised together with the degree of individuals’ awareness of the need to protect the personal data stored on their mobile devices. Design/Methods/Approach: For the purpose of this paper, we reviewed the legislation, Slovenian and international literature, brochures and media stories in the field of personal data protection. We also used a questionnaire to determine the degree of awareness of the importance of protecting personal data among the general population. Findings: The findings show that no revolutionary changes are introduced. Nevertheless, quite a few novelties concern data controllers and processors. In particular, penalties for breaching the GDPR are now much higher. Individuals’ rights are strengthened and easier to control. In contrast, data controllers and processors are subject to more stringent duties and legal obligations. These changes also apply to mobile device users. The research findings show that individuals are relatively well aware of the concept of personal data; however, the scope of their knowledge shrinks as this concept becomes increasingly complex. Familiarity with the new Regulation (2016/679) having been introduced at the EU level was claimed by 55% of the respondents (N = 195). Research Limitations / Implications: The limitations stem from the selective choice of the GDPR’s impact on mobile device users. More important influences are emphasised. Originality/Value: The findings will help both individuals and legal entities understand the changes brought to the area of data protection and tackle them more successfully.
Ključne besede: personal data protection, GDPR, Personal Data Protection Act, mobile devices
Objavljeno: 20.04.2020; Ogledov: 233; Prenosov: 15
.pdf Celotno besedilo (366,32 KB)
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8.
Patients' genetic data protection in Polish law and EU law
Kinga Michałowska, Karol Magoń, 2018, izvirni znanstveni članek

Opis: The article entitled "Patients' genetic data protection in Polish law and EU law - selected issues" presents issues related to the protection of patients' rights and focuses on the legal basis for genetic testing and genetic data protection. Based on a comparison of regulations of international law and regulations on genetic tests introduced in foreign legal systems, the text analyzes the assumptions for the draft of the Polish act on genetic tests performed for health purposes. It presents the patient's consent to testing, the scope of information provided to the patient, the right to disclose research results to related persons and the protection of genetic data. In reference to the regulations set out in other acts, it was noted that they do not guarantee the protection of information obtained as a result of research. Due to the particular nature of genetic data, they require increased protection, which can be guaranteed through implementation of the Act on Genetic Research. In the final part, authors presented the most important achievements of the judicature of European Court of Human Rights in the field of genetic data protection.
Ključne besede: genetic research, genetic data, protection of genetic data, patient's rights, medical documentation
Objavljeno: 09.10.2018; Ogledov: 532; Prenosov: 48
.pdf Celotno besedilo (581,68 KB)
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9.
Legal aspects of health implications caused by environmental distress
Rajko Knez, 2017, izvirni znanstveni članek

Opis: The article tries to explore legal consequences in cases where the environmental distress causes health implications for individuals. The author begins with the observations from two different angles, that is ex ante and ex post actions. Both approaches differ substantively, since the ex ante approach is applied by state authorities (command-and-control approach, de iure imperii acts), while the ex post approach is by a general rule initiated by individuals against polluters/state. Both approaches are discussed considering the application of EU rules and beyond (ECHR, Aarhus convention). The main emphasis is given to one of the biggest problems, that is the issue of causality, which discourages many plaintiffs from claiming damages. For the so-called post-industrial risks the conventional rules of causality do not suffice, which is why certain courts proposed that changes in this respect are necessary. In addition, the role of NGOs is emphasised, since the NGO can, especially in the ex ante approach, achieve better effects, especially when locus standi is assured.
Ključne besede: environmental protection, healthy living environment, legal remedies in environmental law, ECHR Art. 8, ECHR Art. 2, command-and-control approach, claims for damages, health
Objavljeno: 09.10.2018; Ogledov: 363; Prenosov: 53
.pdf Celotno besedilo (470,49 KB)
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10.
Asylum seekers and HIV/AIDS
Neža Kogovšek Šalamon, 2016, izvirni znanstveni članek

Opis: Migrants, including asylum seekers, are a key population to focus on, according to the European Action Plan for HIV/AIDS 2012-2015. In general, data on the prevalence of HIV/AIDS among asylum seekers are scarce, but some receiving states have already noted a high HIV prevalence among asylum seekers who give birth. While there are many challenges in ensuring asylum seekers living with HIV/AIDS have access to adequate health services, it seems that protection of rejected asylum seekers (and other irregularly staying migrants) living with HIV/AIDS will be at the forefront of their struggle for adequate protection of their human rights.
Ključne besede: asylum, international protection, HIV, non-refoulement, fundamental rights
Objavljeno: 08.10.2018; Ogledov: 364; Prenosov: 44
.pdf Celotno besedilo (9,26 MB)
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