Volume 75 (2015)
Zbornik znanstvenih razprav – Volume 75 ( 2015)ISSN (print edition): 1854-3839
ISSN (online edition): 2464-0077
Contents: PDF
----------------------------------------------------------------------------------------------------------------------------------------------------------------------
Matija Damjan
The Authorship of a Musical Work and the Position of a Music Arranger
Avtorstvo glasbenega dela in položaj glasbenega aranžerja
Synopsis:
The creation of the final form of a piece of popular music usually involves several people: the composer, the lyricist, the music arranger, performers, sound engineers, etc. The article explores under what conditions the contributions of these persons constitute co-authorship of a piece of music and discusses in which phase a musical work can be considered finished. The copyright status of a music arranger is discussed in particular, whose work is usually defined in theory as adaptation of existing musical works, whereas in the practice of Slovenian popular music, arrangers often act as co-authors of new original music. The last part of the article examines the rules on the duration of rights in musical works produced in co-authorship and discusses in what way the ownership and the duration of copyrights in musical works is affected by Directive 2011/77/EU, which sets out unified rules on the duration of rights in musical compositions with words.
Key words:
copyright law, music, arrangement, original work, derivative work, co-authorship, combined work, duration of rights, musical composition with words.
Full text (in Slovenian with English summary): PDF
Cite as:
Damjan, Matija: Avtorstvo glasbenega dela in položaj glasbenega aranžerja,
in: Zbornik znanstvenih razprav, 75 (2015), pp. 7 – 34, URL: http://www.pf.uni-lj.si/media/zzr_2015_damjan.pdf
----------------------------------------------------------------------------------------------------------------------------------------------------------------------
Peter Grilc
Competition Law and the Energy Sector
Konkurenčno pravo in energetski sektor
Synopsis:
The paper deals with the influence and place of competition law in the energy sector. Since energy is considered an economic sector, which is regulated, it also touches the phenomenon of regulation itself, as well as the liberalization. In terms of content it is divided into two parts. The first set is of general and introductory character. It deals with regulation, liberalization and competition law from conceptual aspects and tackles the relationship between rules that constitute sectoral regulation and legislation in the field of competition law. The different packages liberalization in the EU, especially the sectoral report in 2007 are dealt with, as well. The second part goes deeper into the analysis of recent cases in the field of competition law in the EU. It deals with agreements which restrict competition, abuse of dominant position. In particular, it analyses the long-term supply contracts and all steps for their assessment, as well as the competitive problems of public undertakings and undertakings with exclusive rights, and the latest anti-competitive practices.
Key words:
abuse of dominance, antitrust, capacity hoarding, degradation, energy, exclusive rights, liberalisation, long-term supply contracts, margin squeeze, reserving, capacity for its own needs, state aids, strategic underinvestment.
Full text (in Slovenian with English summary): PDF
Cite as:
Grilc, Peter: Konkurenčno pravo in energetski sektor,
in: Zbornik znanstvenih razprav, 75 (2015), pp. 35 – 66, URL: http://www.pf.uni-lj.si/media/zzr_2015_grilc.pdf
----------------------------------------------------------------------------------------------------------------------------------------------------------------------
Mojca M. Plesničar
Why do People Stop offending? Recent Theories on Desistance and Their Value in Practical Approaches to offenders
Synopsis:
Desistance theories, researching the ways how and reasons why people stop offending have developed only recently. The article briefly describe their development in general and then examines four of the more recent influential ones in more detail: Laub and Sampson’s Age-graded theory of social control, the Cognitive transformation theory developed by Giordano et al., Maruna’s Theory of narrative self-change and Wikström’s Situational action theory. These theories are analysed with regard to their applicability to general or specific offending populations. Finally, the sociotherapeutic approach common to the Slovenian system in the past is analysed through the lenses of these theories and conclusions as to the value of general and specific theories and approaches are made.
Key words:
desistance, rehabilitation, imprisonment, offenders, sociotherapy.
Full text (in English): PDF
Cite as:
Plesničar, Mojca M.: Why do People Stop offending? Recent Theories on Desistance and Their Value in Practical Approaches to Offenders,
in: Zbornik znanstvenih razprav, 75 (2015), pp. 191 – 212, URL: http://www.pf.uni-lj.si/media/zzr_2015_mihelj.plesnicar.pdf
----------------------------------------------------------------------------------------------------------------------------------------------------------------------
Aleš Novak
Imago iudicis, Four Images from the History of Ideas on Judging
Imago iudicis, štiri podobe iz idejne zgodovine sojenja
Synopsis:
The article traces the developing image of a judge in Western legal thought. It starts with the famous Montesquieu’s characterisation of a judge as “the mouth that pronounces the words of the law”. Despite our common intuition (that he was describing a Continental judge), he was, the author argues, in fact offering his best understanding of an English judge. His portrayal has to a large extent corresponded with the self-understanding an English judge of that time (and long afterwards) surely held. Gradually, Montesquieu’s image of a judge became synonymous with formalistic approach to judging, triggering a backlash. The German Free Law Movement is perhaps the most influential embodiment of such a reaction. Arguing for the recognition of a creative aspect of judging, they relied on their understanding of a common law judge, which was then still at odds with the official self-image cultivated by English judges. In the next decades, the same disillusion with a mechanistic image of judging prevalent also in the United States gave rise to American Legal Realism. The Realists adopted the Free Law Movement agenda to an important extent, part and parcel with the conviction that judicial creativity is an innate characteristic of a judge’s role. It is this conviction that still occupies the centre of all modern theories on judicial decision-making.
Key words:
judge, Montesquieu, separation of powers, declaratory theory, Free law movement, American Legal Realism, formalism.
Full text (in Slovenian with English summary): PDF
Cite as:
Novak, Aleš: Imago iudicis, štiri podobe iz idejne zgodovine sojenja,
in: Zbornik znanstvenih razprav, 75 (2015), pp. 67 – 101, URL: http://www.pf.uni-lj.si/media/zzr_2015_novak.pdf
----------------------------------------------------------------------------------------------------------------------------------------------------------------------
Jernej Podlipnik
Substantive Legality in the Determination of Tax Liabilities in Terms of Time Validity
Materialna zakonitost pri določanju davčnih obveznostih z vidika časovne veljavnosti
Synopsis:
In the article the author deals with the question which substantive tax rules that determine a taxpayer and tax liability (tax debt) should apply in cases where these rules change from the time a taxable event takes place and until the tax is self-assessed of levied, if the legislator has not prescribed anything in the transitional provisions in this respect. Since the Slovenian tax legislation has no general provisions for such cases, the jurisprudence has decided to either apply the provisions that were in force at the date that tax obligation occurred or provisions that were in force during the tax period to which the tax liability relates. The author is a bit critical of that position because he finds it inadequate to some extent. Therefore he suggests an amended interpretation which takes into account provisions of the Slovenian constitution and practice of the Slovenian Constitutional Court. In conclusion, the author proposes an amendment of the Slovenian tax legislation with the enactment of a general provision that would resolve such legal situations.
Key words:
tax, tax liability, the principle of legality, substantive law, retroactivity, amendment of law, tax procedure, equality before the law.
Full text (in Slovenian with English summary): PDF
Cite as:
Podlipnik, Jernej: Materialna zakonitost pri določanju davčnih obveznostih z vidika časovne veljavnosti,
in: Zbornik znanstvenih razprav, 75 (2015), pp. 103 – 122, URL: http://www.pf.uni-lj.si/media/zzr_2015_podlipnik.pdf
----------------------------------------------------------------------------------------------------------------------------------------------------------------------
Mirjam Škrk, Ana Polak Petrič, Marko Rakovec
The Agreement on Succession Issues and Some Dilemmas Regarding Its Implementation
Synopsis:
The Agreement on Succession Issues was concluded only ten years after the break-up of Yugoslavia and was at the time considered a great political success as it was the first treaty concluded between all of the successor states to the former SFRY. The international community has affirmed its contribution to peace and stability in the region. It regulates almost all succession issues, namely movable and immovable state property, including diplomatic and consular properties, financial assets and liabilities, state archives, other rights and interests, pensions and acquired rights. This article analyses the Agreement in the light of its implementation and highlights important issues that are still to be settled among the successor states in order to bring this process to an end, bearing in mind the consequences for bilateral relations among states and regional cooperation if its full implementation fails. Legal issues are discussed, as well as the political environment, which affects the implementation.
Key words:
international law, Yugoslavia (SFRY), succession of states, dissolution of a state, state property, financial assets, financial liabilities, archives, guarantees for the hard currency savings, acquired rights, the European Court of Human Rights, the Ališić judgement.
Full text (in English): PDF
Cite as:
Škrk, Mirjam, Polak Petrič, Ana, Rakovec, Marko: The Agreement on Succession Issues and Some Dilemmas Regarding Its Implementation,
in: Zbornik znanstvenih razprav, 75 (2015), pp. 213 – 261, URL: http://www.pf.uni-lj.si/media/zzr_2015_skrk_polak.petric_rakovec.pdf
----------------------------------------------------------------------------------------------------------------------------------------------------------------------
Katja Šugman Stubbs
Structural Changes in Slovenian Criminal Procedure over the Last 20 Years
Strukturne spremembe slovenskega kazenskega procesnega prava v zadnjih dvajsetih letih
Synopsis:
The author analyses changes to Slovenian criminal procedure between 1994, when the first Slovenian code was adopted on the basis of the last consistent Yugoslavian model (enacted in 1967) to the present day. Thirteen amendments have already been made to the Code since 1994, and the author argues that it is the role of public prosecutor which has changed the most in this period: prosecutors are slowly but surely becoming the dominus litis of pre-trial procedure, thereby pushing the investigating judge ever further towards the role of a pre-trial judge and away from that of an inquisitorial investigator. This trend has been accompanied by a tendency to abolish the phase of judicial investigation completely and to introduce a unitary preliminary phase of criminal procedure led by the prosecutor. The basic principle of Slovenian procedure is still the so-called inquisitorial maxim, which therefore places it among other European inquisitorial systems, but gradually more adversarial solutions are being incorporated. Key examples of this trend are: the solution granting the suspect the right to be acquainted with his rights in the moment when the investigation becomes focused on him/her; in the introduction of selection mechanisms; in the adversarial model of a decision-making process of ordering investigating and coercive measures and consequently in the stronger activation of both parties at an earlier stage. The peak of this trend can be found in the introduction of plea negotiations. Increasingly, we see the adoption of legal solutions which put the defendant and the prosecutor in ever more active roles, making them more autonomous subjects with the power to resolve cases quicker than before, while the court becomes more passive, shrinking to the much more limited role of controlling their agreements.
Key words:
criminal procedure, history of criminal procedure, amendments of criminal procedure, investigating judge, state prosecutor, pre-trial procedure, phase of investigation, adversary procedure, pre-trial arraignment, plea bargaining.
Full text (in Slovenian with English summary): PDF
Cite as:
Šugman Stubbs, Katja: Strukturne spremembe slovenskega kazenskega procesnega prava v zadnjih dvajsetih letih,
in: Zbornik znanstvenih razprav, 75 (2015), pp. 123 – 160, URL: http://www.pf.uni-lj.si/media/zzr_2015_sugman.stubbs.pdf
----------------------------------------------------------------------------------------------------------------------------------------------------------------------
Dejan Valentinčič
Protection Acts for Slovenian Linguistic Minority in Italy and the Municipality of Resia: Minority Rights between Law and Politics
Zaščitna zakonodaja za slovensko jezikovno manjšino v Italiji in občina Rezija: manjšinske pravice med pravom in politiko
Synopsis:
Resia is a part of Slovenian ethnic settlement in Italy, yet due to geographical and historical reasons, most of the population has not developed a sense of Slovenian ethnic identity, but rather, only their local one. After 1999 the municipality of Resia was included into three protection acts for Slovenian linguistic minority. Part of the population and the actual municipal government is categorically opposed to that, which has provoked many drastic conflicts in the valley. In this paper, the author presents and analyses the placement of the municipality of Resia into the protection acts for Slovenian minority, reasons for opposing this placement and the problems with the application of the minority protection by the authorities.
Key words:
slovenian linguistic minority in Italy, Resia, protective minority legislation, divided identity, policy, conflicts.
Full text (in Slovenian with English summary): PDF
Cite as:
Valentinčič, Dejan: Zaščitna zakonodaja za slovensko jezikovno manjšino v Italiji in občina Rezija: manjšinske pravice med pravom in politiko,
in: Zbornik znanstvenih razprav, 75 (2015), pp. 161 – 187, URL: http://www.pf.uni-lj.si/media/zzr_2015_valentincic.pdf
----------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sabina Zgaga
Arms Trafficking: Aiding and Abetting Core Crimes
Synopsis:
The provision of arms for the commission of crimes is one of the typical forms of aiding and abetting. This article discusses arms trafficking as a form of aiding and abetting the commission of core crimes. It opens with a discussion of aiding and abetting as a form of complicity in the Rome Statute and the case law of the International Criminal Court. Furthermore, the article also analyses the regulation of legal arms trafficking in international and European law. Accordingly, the international criminal law further regulates illegal arms trafficking as an international crime and as complicity to core crimes. Therefore, the article first presents arms trafficking as an international crime and subsequently discusses arms trafficking as complicity in core crimes. The article concludes with a discussion on the regulation of arms trafficking in Slovene law, beginning with legal arms trafficking according to the Firearms Act-1 and ending with illegal arms trafficking as a crime.
Key words:
aiding and abetting, complicity, core crime, intent, arms trafficking, merger of offences, international criminal court.
Full text (in English): PDF
Cite as:
Zgaga, Sabina. Arms Trafficking: Aiding and Abetting Core Crimes,
in: Zbornik znanstvenih razprav, 75 (2015), pp. 263 – 294, URL: http://www.pf.uni-lj.si/media/zzr_2015_zgaga.pdf
----------------------------------------------------------------------------------------------------------------------------------------------------------------------
This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------
Zbornik znanstvenih razprav, Volume 75 (2015), was published with the financial assistance of the Slovenian Research Agency.