Summary:
The presumption of innocence is a fundamental constitutional right, whereby the person accused of a criminal offense is presumed innocent until his guilt is determined with a final conviction (Article 27 of the Constitution of the Republic of Slovenia). The privilege against self-incrimination is inextricably linked with the presumption of innocence, meaning that the person accused of a criminal offense has the right not to incriminate himself or his close family members, or admit guilt (fourth indent of Article 29 of the Constitution of the Republic of Slovenia).
Summary:
The right to information security is a fundamental constitutional right protecting individuals from unjustified intrusions into their personal life and related personal data (every individual has the right to keep his personal information private and only he decides what information he wants to disclose and to whom he wants to disclose it). The Constitutional Court of the Republic of Slovenia made an important step towards further ensuring and protecting this constitutional right with the partial final decision No U-I-152/17-30, with which it invalidated provisions of the Act on the Tasks and Powers of the Police (ZNPPol) in the part regulating the new technical means for optical recognition of registration plates.
Summary:
International road transport enables easy and fast accessibility of various commodities and goods worldwide. The organization of international road transport entails collaborations and interactions of various entities, particularly between the consignor, consignee and carrier of goods. A tripartite legal relationship is thus created between the consignor, consignee and carrier of goods for the transport of goods. This tripartite legal relationship functions successfully as long as all contractual parties meet the obligations they assume under the relevant transport contract.
Summary:
A limited liability company is a type of company in which, due to a generally small number of shareholders and their close association (family undertakings or companies of people who otherwise also know each other etc.), personal contents are also emphasized in addition to equity components. These contents are particularly reflected in the regulation of shareholding transfers, adopting decisions at meetings and expulsions of shareholders form the company. In practice, disputes often arise between shareholders and can reach a point where further collaboration or participation in a company no longer makes sense or doesn’t comply with interests of a particular shareholder. What possibilities does the shareholder have who no longer wants to participate in a limited liability company? One possibility, recognized by the Companies Act (ZGD-1), is the withdrawal of a shareholder from the limited liability company. The law does not know or recognize an unrestricted possibility of withdrawal. We know two forms of withdrawal from a company: contractual or judicial withdrawal from a company.
Summary:
When conducting their business, companies often encounter situations, in which a business partner gives them an NDA to sign. The NDA is meant as a commitment to honor or safeguard a trade secret that will be uncovered during the course of their business collaboration. Abroad, non-disclosure agreements or NDAs are common in every new business collaboration. But in Slovenia, they were not that common (until recently).

Non-compete clause

Summary:
A non-compete clause contractually prohibits an employee to take part in any competitive business for a certain time period following the termination of an employment relationship and is defined in the provisions of the Workers’ Statute (hereinafter ‘ZDR-1’). With a non-compete clause, the employer and employee agree that the employee will not seek to exercise the same business activity he performed for the employer for a certain time period following the termination of an employment relationship with this employer, or not to use technical, manufacturing or business knowledge and business connections he gained while working for or in connection with his work for this employer. The non-compete clause is regulated by Article 40 paragraph 1 of ZDR-1. Even though the non-compete clause is also regulated by two other articles (Articles 41 and 42 ZDR-1), meaning it is legally pretty accurately defined, some difficulties remain in practice and in my experience it is very hard to realize, especially in the part pertaining to the employee’s rights, if he is unable to secure an income due to obligations under the non-compete clause.
Summary:
The existing legislation on building construction which determines conditions for building all types of buildings foresees lengthy, complicated and irrational procedures to obtain building permits and planning permissions. The new Building Act (GZ). which enters into force on the 1st of June 2018 and will replace the current Act on Building Construction (ZGO-1), extends the definition of a building and introduces faster and more rational procedures to obtain building permits and planning permissions based on formally less extensive documentation, improves the protection of investors and allows more effective oversight.
Summary:
Slovenia is among the countries that have always attached great importance to the traditional concept of family and marriage. The invalid Law on marriage and family relationships, which is still being used, is also based on this view. The latter defines a marriage as a legally regulated partnership of a man and a woman. The provisions of this law, regulating marriage, are mandatory in their nature and with the exception of individual provisions relating to spouse maintenance and management of joint assets, do not allow to freely regulate mutual property relationships between the spouses. By adopting the new Family Code that entered into force on April 15th 2017, but will be used as of April 15th 2019, profound changes have been adopted in the field of property relationships between spouses. The new provisions are optional and are used only if the spouses cannot reach an agreement otherwise.
Summary:
The protection of personal data and it’s processing by external staff Various companies gather large quantities of personal data in connection with their business, which are analyzed for the purposes of their business. The question arises, what happens with this personal data, or what is the company undertaking to adequately protect the personal data and prevent unauthorized people to access it? Usually the company itself protects the personal data it processes, but ever more often it happens that the company outsources another company, which is registered for such activities and meets the requirements as set out it the Personal Data Protection Act, to protect the personal data. In the Republic of Slovenia the legal framework for the protection of personal data is the Personal Data Protection Act, which entered into force in the year 1999 in it’s basic version (ZVOP) and was later substantially amended in 2007. Historically, the need for the protection of privacy has arisen because of various insults, attacks, eavesdropping and the like. The reason that this right was stipulated and enforced in legal systems so late is that the majority of modern violations of privacy, such as wiretapping, eavesdropping with microphones and electronic amplifiers, data collection, sharing and storing information with video cameras, computers etc., only became possible with the rise of new technologies. Before these were invented, an individual had reason to believe that nobody can eavesdrop on him in a private space.
Summary:
On January 18th 2017 the Regulation (EU) No 655/2014 of the European parliament and of the Council establishing a European Account Preservation Order procedure came into effect. The purpose of this regulation is to facilitate cross-border debt recovery in civil and commercial matters. It is used for all debt-recoveries with the exception of rights in property arising out of a matrimonial or non marital relationships, claims arising from wills and succession, claims against debtors that have become insolvent, claims out of social security and claims arising from arbitration agreements. The regulation is a big step forward in securing successful cross-border debt recovery.