1. Mobile phones as photocopying devices in the context of exceptions or limitations to the reproduction rightEneja Drobež, 2025, izvirni znanstveni članek Opis: In the collective management of copyright and related rights in the Republic of Slovenia, we face numerous challenges related to the collection, management, and distribution of copyright royalties and equitable remunerations. The most pressing issue in Slovenian case law is the payment of fair compensation for reproduction under conditions of private or other personal use. The Higher Court of Ljubljana, in its judgments No. V Cpg 248/2023 (Higler Court of Ljubljana, 2024a) and V Cpg 249/2023 (Higher Court of Ljubljana, 2024b), addressed the question of whether under Slovenian law, fair compensation for photocopying must be paid for the import and sale of mobile phones? We believe the answer to this question depends on the complex intertwining of the EU and national law and is far from unambiguous. The article aims to provide a comprehensive overview of Slovenia's remuneration system for private copying, considering the scientific literature and binding EU law and aims to provide legislative solutions for effectively collecting fair compensation for private copying in Slovenia
Ključne besede: copyright, private copying, EU Law, fair compensation in copyright
Objavljeno v ReVIS: 05.03.2026; Ogledov: 101; Prenosov: 3
 Celotno besedilo (378,59 KB) |
2. The charter of fundamental rights of the European Union as an instrument of judicial EuropeanisationKatarina Vatovec, 2025, izvirni znanstveni članek Opis: the article examines whether and how the charter of Fun-damental rights of the European Union, as an autonomous source of EU primary law, can function as an instrument ofjudicial Europeanisation at the national level. Although the charter became legally binding with the entry into force of the Lisbon treaty, its effects on national—particularly consti-tutional—courts remain relatively understudied. to address this gap, the article develops an analytical framework con-sisting of four dimensions—doctrinal, institutional, normative, and discursive—conceived as a model for empirical studiesof charter-driven judicial Europeanisation. the usefulness of this framework is tested through an analysis of two decisions of the slovenian constitutional court that engage with EU law and, in that context, with the charter. While the examina-tion of only two decisions does not permit even partial, let alone comprehensive, conclusions regarding the Europeani-sation of constitutional adjudication through the charter, the findings suggest that the charter can influence the reasoning of the slovenian constitutional court and that the proposed framework identifies the presence of four dimensions in both decisions analysed. the analytical framework thus helps to identify the possible pathways through which the charter may influence and co-shape constitutional adjudication.
Ključne besede: Charter of Fundamental Rights of the European Union, judicial Europeanisation, constitutional court, Slovenia, case law
Objavljeno v ReVIS: 19.02.2026; Ogledov: 150; Prenosov: 2
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4. Different aspects of the right to be heard in administrative proceedingsMartin Dekleva, 2025, izvirni znanstveni članek Opis: the right to be heard is a fundamental legal principle, recognised by the highest-ranking domestic and interna-tional legal instruments, bodies, and courts. In its most gen-eral and typical sense, the right to be heard enables an indi-vidual whose rights, legal interests, or obligations are being determined in a specific proceeding to present his opinionon the relevant circumstances upon which the decision in that proceeding depends. However, the right to be heard is also important in many other legal contexts and relation-ships. It may be understood as a legally enforceable right or as a legal rule that prescribes the manner in which anauthority must act and the way in which an individual may act. the right to be heard is especially important in admin-istrative proceedings, where administrative authorities, as bodies vested with public powers, are in a position of su-periority vis-à-vis subordinate individuals. In this context, the right to be heard is multi-layered and has wide-rang-ing implications. this article presents the right to be heard within the context of the European convention on Human rights, the charter of Fundamental rights of the European Union, and the slovenian administrative law system. the author examines individual aspects of the right to be heard and defines two groups of derogations from this right. Any derogations from the right to be heard must be carefully considered and proportionate.
Ključne besede: administrative law, administrative procedure, legal principles, right to be heard
Objavljeno v ReVIS: 19.02.2026; Ogledov: 142; Prenosov: 2
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5. The right to a healthy living environment in the context of the European Convention on Human RightsŠpela Zagorc, 2025, izvirni znanstveni članek Opis: Although more than 150 countries recognize the right to a healthy environment in their national constitutions, there is no autonomous, globally recognized human right to live in a healthy environment. Despite the absence of explicit rec-ognition of the human right to a healthy living environment in the international environment, it exists and is developing through the application of already existing internationally recognized human rights to environmental issues. the con-ducted analysis, presented in this Article, implicitly formu-lates the right to a healthy living environment as it stems from the EcHr and the case law of the EctHr. the presented Article is focused on the substantive and procedural aspects of essential EcHr rights that can be implicitly linked to the right to a healthy living environment, while also identifying and defining the most important factors that ensure the ef-fective enforcement and protection of the right to a healthy living environment in accordance with the EcHr. the pre-sented concept of a model of the right to a healthy living environment, as it implicitly derives from the EcHr and the EctHr, offers a broader insight into the right to a healthy living environment, together with extensive, yet fundamen-tal arguments stemming from the case law of the EctHr. Undoubtedly, the results of the conducted analysis contribute to raising awareness and strengthening environmental protection as well as protecting the rights of individuals in relation to the topic at the national level.
Ključne besede: healthy living environment, protection of human rights, ECHR, ECtHR, case law
Objavljeno v ReVIS: 19.02.2026; Ogledov: 130; Prenosov: 2
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7. Integral Pre-emption of EU Democracy in Economic Crisis under Transnational LawMatej Avbelj, 2015, izvirni znanstveni članek Opis: This article examines the challenges of transnational law for democracy in the European Union in times of economic crisis. The concept of democracy is fleshed out first. This is followed by a two-pronged study of the internal and external democracy-affecting processes, taken separately as well as jointly, and of their impact on democracy in the European Union. Finally, some normative proposals, embedded in the theory of legal pluralism, to improve the state of European Union democracy in the present unfavourable internal and transnational environment are offered in the conclusion
Ključne besede: European Union, democracy, economis crisis, transnational law, legal pluralism
Objavljeno v ReVIS: 26.06.2025; Ogledov: 763; Prenosov: 2
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8. Rule of Law and the Economic Crisis in a Pluralist European UnionMatej Avbelj, 2016, izvirni znanstveni članek Opis: By way of introduction to the special issue, the article’s objective is threefold. First, it conceptually re-examines the often assumed correlation between the rule of law and economy. Secondly, it situates this conceptual relationship in the present crisis-ridden context of the European Union as synthesized in the contributions to the special issue. By so doing, it demonstrates that due to the EU’s pluralist nature, the economic and rule of law crises have had very different faces and consequences in different member states. Despite that the article in conclusion nevertheless tries to identify the shared patterns of the crisis and, in the inevitable absence of a single way of improving the situation, proposes at least a common one.
Ključne besede: rule of law, economy, European Union, pluralism, liberalism
Objavljeno v ReVIS: 18.06.2025; Ogledov: 711; Prenosov: 2
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9. Conceptual framework and empirical methodology for measuring multidimensional judicial ideologyMatej Avbelj, Janez Šušteršič, 2019, izvirni znanstveni članek Opis: The article presents a conceptual framework and empirical methodology of an on-going research on the role of ideology in the decisions of the Slovenian Constitution Court. The literature review demonstrates that research on judicial ideology in the courts of European countries and international courts is still rare. This can be explained by conceptual, methodological and empirical challenges posed by this type of research. The article hence advances a conceptual framework which is, contra to the mainstream theoretical approach in the field, based on a multidimensional conception of ideology that is empirically operationalised along the economic, social and authoritarian dimensions with five possible ideological positions on each dimension. By applying the newly developed methodology to a sample of Courts decisions, it is demonstrated that this methodological approach is able to account for ideological differences between judges. This confirms that (judges) ideology is a complex multidimensional set of values and convictions that cannot be reduced to simply equating ideology with (possible) political affiliations.
Ključne besede: judicial ideology, multidimensional methodology, constitutional Court of the Republic of Slovenia, objectivist concept of law
Objavljeno v ReVIS: 18.06.2025; Ogledov: 776; Prenosov: 4
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