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1.
A new approach to rebates after Intel case
Sandra Fišer Šobot, 2018, izvirni znanstveni članek

Opis: Although heated debates are quite common in the law on abuses of dominant position, it is not an exaggeration to state that Intel case has generated an unusual storm of comments and discussions. In 2009, the European Commission fined Intel 1.06 billion % for abusing dominant position by granting exclusivity rebates. In 2014, the General Court rendered judgment in support of the European Commission's decision. In 2017, the Court of Justice of the European Union set aside that judgment and referred the case back to the General Court in order for it to examine Intel's arguments regarding the capacity of the rebates at issue to restrict competition. This long awaited ruling in the Intel case is so far one of the most important judgments regarding exclusivity rebates and Art. 102 TFEU enforcement. The paper addresses relevant issues and conclusions in relation to the exclusivity rebates. Additionally, the author attempts to assess possible effects and implications of the Courts of Justice's judgment.
Ključne besede: Art. 102 TFEU, abuse of dominant position, exclusivity rebates, the "as efficient competitor" test, effects-based approach
Objavljeno: 15.01.2021; Ogledov: 77; Prenosov: 6
URL Povezava na datoteko

2.
The criminal offense of abuse of position or trust in business activity and the limits of free economic initiative
Zlatko Dežman, 2017, izvirni znanstveni članek

Opis: The criminal offense of abuse of position or trust in business activity within the meaning of the Slovenian Criminal Code is the most common criminal offense against the economy. To adequately assess such an offense it is essential to clarify at the very beginning of the criminal proceedings that all preliminary questions have their origin in the field of civil, corporative and commercial law. In other words, the difficulty of problem solving for such cases in later stages of the process only intensifies, as the decision-making process becomes more and more difficult and can cause delays. And even in cases where the facts are undisputed, the whole issue concentrates primarily around the dispute regarding the issue of material criminal law. The purpose of this paper is to present the abovementioned issues, firstly from a more theoretical perspective on freedom of economic (business) initiative in a postmodern era, followed by a presentation of the criminal law subsystem dealing also with phenomena from the economic subsystem, and lastly by a presentation of the Slovenian Criminal Code in regards to prosecution and adjudication of economic crimes and its difficulties, specifically by using the example of the abovementioned offense.
Ključne besede: free economic initiative, criminal offense of abuse of position or trust in business activity, standard of good businessman, blanket criminal offense, factual questions, legal questions, legal description of the offense
Objavljeno: 15.01.2021; Ogledov: 91; Prenosov: 6
URL Povezava na datoteko
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3.
Adolescents as delinquent actors and as targets of preventive measures
Anabel Taefi, Thomas Görgen, Benjamin Kraus, 2013, izvirni znanstveni članek

Opis: Purpose: The article aims at examining the prevalence of deviance and delinquency in a sample of students, at explaining property and violent offending via risk factors and examining students’ experiences with and views on preventive approaches. Design/Methods/Approach: Data stem from a school survey conducted among 2186 13–17 year old male and female students, who attended school in an urban or a rural northwest area of Germany. The instrument was developed on the basis of the new ISRD-3 questionnaire and included newly developed questions on students’ experiences with and views on preventive actors and approaches. Descriptive as well as multivariate methods are applied. Findings: Deviance and delinquency were found to be widespread, but mostly of low severity. Different predictors for violent and property offending can be found. Groups of students with differential involvement in delinquency show clearly differentiated profiles with regard to risk factors. Evaluations of preventive actors and approaches are very similar across groups of students with differential delinquent involvement. Research Limitations / Implications: Special schools have been excluded from the sample. Generally, school surveys may fail at including high risk individuals, such as students who skip school. Practical Implications: Findings hint at the importance of including peers and family in preventive approaches. Originality/Value: Extension of a self-report study among youngsters as targets of prevention with questions on their experiences and evaluations of preventive approaches may give implications on differential receptiveness of young people for preventive approaches.
Ključne besede: self-reports, deviance and delinquency, prevention, youth violence, substance abuse
Objavljeno: 23.04.2020; Ogledov: 363; Prenosov: 13
.pdf Celotno besedilo (648,81 KB)

4.
Prevention of juvenile crime and deviance
Thomas Görgen, Anneke Evenepoel, Benjamin Kraus, Anabel Taefi, 2013, izvirni znanstveni članek

Opis: Purpose: This article analyses perspectives on youth crime prevention in samples of 13–17 year old students from 6 European countries and of practitioners/experts in Belgium and Germany. Design/Methods/Approach: Surveys were conducted among urban and rural school students (n = 10682). Expert and practitioner perspectives were taken into account using Delphi surveys, standardized surveys on the state of youth crime prevention, and semistructured interviews with practitioners in the areas where the school surveys were conducted. Findings: While the majority of students have been targeted by drug abuse prevention measures, rates for violence prevention are lower. Students ascribe moderate preventive potential to school and they regard peers and parents as most influential in prevention while professional agents are viewed as less important. Punitive approaches are not rejected, but approaches focusing on individual resources and problems are given priority. Experts point at the significance of socioeconomic factors related to the problem of (youth) delinquency and hence of social policy measures. They recommend prevention starting at an early age, strengthening social skills and following multi-professional approaches. Research Limitations / Implications: Schools surveys excluded special schools, and response rates in expert surveys were low or moderate. Practical Implications: Findings point to young persons’ understanding of factors influencing their behaviour and at connections between involvement in offending and accessibility for approaches to prevention. Expert surveys show needs for improvement in the field of prevention, especially in terms of funding, evaluation, and fundamental strategic approaches. Originality/Value: Perspectives of both actors and targets of preventive approaches are taken into account.
Ključne besede: prevention, juvenile delinquency, school survey, expert survey, drug abuse, violence
Objavljeno: 23.04.2020; Ogledov: 314; Prenosov: 18
.pdf Celotno besedilo (528,16 KB)
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5.
The criminal offense of abuse of position or trust in business activity and the limits of free economic initiative
Zlatan Dežman, 2017, izvirni znanstveni članek

Opis: The criminal offense of abuse of position or trust in business activity within the meaning of the Slovenian Criminal Code is the most common criminal offense against the economy. To adequately assess such an offense it is essential to clarify at the very beginning of the criminal proceedings that all preliminary questions have their origin in the field of civil, corporative and commercial law. In other words, the difficulty of problem solving for such cases in later stages of the process only intensifies, as the decision-making process becomes more and more difficult and can cause delays. And even in cases where the facts are undisputed, the whole issue concentrates primarily around the dispute regarding the issue of material criminal law. The purpose of this paper is to present the above mentioned issues, firstly from a more theoretical perspective on freedom of economic (business) initiative in a postmodern era, followed by a presentation of the criminal law subsystem dealing also with phenomena from the economic subsystem, and lastly by a presentation of the Slovenian Criminal Code in regards to prosecution and adjudication of economic crimes and its difficulties, specifically by using the example of the above mentioned offense.
Ključne besede: free economic initiative, criminal offense of abuse of position or trust in business activity, standard of good businessman, blanket criminal offense, factual questions, legal questions, legal description of the offense
Objavljeno: 02.08.2018; Ogledov: 550; Prenosov: 51
.pdf Celotno besedilo (452,38 KB)
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6.
Introduction to copyright and collective management in competition law
Jorg Sladič, 2013, izvirni znanstveni članek

Opis: Copyright is an absolute intellectual property right. Historically it is of territorial nature. One of the central issues of copyright is the remuneration of authors. A copyright confers to its holder a legal monopoly comprising certain economic rights that are granted for pecuniary consideration. The economically most efficient way of management of copyright's pecuniary consideration is the collective management. However, collective management covers due to territorial nature of copyright only territory of a certain state. In competition law that might be considered as a monopoly by collecting societies limited to borders of states, in other words there are issues of a possible abuse of a dominant position.
Ključne besede: copyright, common law, droit d'auteur, civil law, collective management, intellectual property rights, dominant position, abuse of a dominant position, principle of solidarity, copyright related market, search market
Objavljeno: 01.08.2018; Ogledov: 411; Prenosov: 183
.pdf Celotno besedilo (388,17 KB)

7.
Opinions and behavior of students in social aspects of internet use in Serbia and Slovenia
Borislav Josanov, Andreja Pucihar, Ivana Jošanov-Vrgović, 2014, izvirni znanstveni članek

Opis: Rapid involvement of Internet infrastructure and services brought a lot of new products based on information and communication technologies. In the focus of world's social interest at this time are social networks and WikiLeaks and their abuse. In this paper authors analyze opinions and behaviour of students at Novi Sad Business School, Serbia, and Faculty of Organizational Sciences in Kranj, Slovenia. This research focuses on different kinds of abuse of social networks and WikiLeaks. Results are presented and analyzed according to the place where examinees study. Conclusions about the differences found between the above-mentioned two groups are compared to the social states and events in these 2 countries which officially separated 25 years ago.
Ključne besede: social networks, abuse, students, Slovenia, Serbia, WikiLeaks
Objavljeno: 24.07.2017; Ogledov: 544; Prenosov: 67
.pdf Celotno besedilo (737,63 KB)
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8.
Opinions and behavior of students about abuse of internet in social involvments
Borislav Josanov, Andreja Pucihar, Ivana Jošanov-Vrgović, Zoran Marošan, 2016, izvirni znanstveni članek

Opis: New Internet technologies brought new gamma of interests worldwide. In the focus of people are social networks, main usage and the abuse of Internet usage. Authors analyze the group of students in Higher School for Professional Business Studies in in Novi Sad, Serbia, and in Faculty of Organizational Sciences Kranj, Slovenia. In the focus of this research are opinions and behavior of students about social aspects of Internet general usage, and specificly opinions about social networks and WikiLeaks. This paper is the succesor of the sross-cultural research that was presented in this journal with the same data two years ago, but structured diferently, acording to the location where they were taken. Results of this research are analyzed and presented according to the gender of examinees.
Ključne besede: social networks, internet, gender, abuse, students, WikiLeaks
Objavljeno: 24.07.2017; Ogledov: 425; Prenosov: 97
.pdf Celotno besedilo (550,09 KB)
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9.
Maternal perceptions of and responses to child sexual abuse
Zlatka Rakovec-Felser, Lea Vidovič, 2016, izvirni znanstveni članek

Opis: Background: Several researches indicate that most child victims delay disclosing of sexual abuse for significant periods of time. There are numerous reasons as to why children are avoiding the disclosure of the abuse. The aim of this study was to determine how a mother’s response to a child’s allegations impacts the child’s willingness to disclose sexual abuse. Methods: We conducted a retrospective quantitative and qualitative analysis of 73 court-referred cases of child sexual abuse which have been disclosed in Slovenia in the last ten years. All the child victims included in the study were female and the perpetrators adult male persons. The expert opinions were made by the same expert. Results: We realized that, at the occurrence of abuse, the child victims were from 4 to 15 years old and their mean age was at 11. 5 years. About two-thirds of children were victims of the intra-familial type (61.6%) and a little more than one third of extra-familial type of sexual abuse (38.4%). The group of victims with the support of their mothers needed about 9 months to disclose the secret, while the delay of the disclosure in the cases without the support of mothers was much longer (M=6.9 years). Conclusion: For female child victims of sexual abuse the perceived protective attitude of their mothers is very important. Especially when the sexual abuse happened in the family, the mother’s support can attribute to stop the ongoing abuse, eliminate its immediate effects and decrease its likely negative long-term outcome.
Ključne besede: child sexual abuse, disclosure, maternal response
Objavljeno: 05.04.2017; Ogledov: 799; Prenosov: 328
.pdf Celotno besedilo (889,29 KB)
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