This article analyses the right to judicial protection in the context of the EU’s New Pact on Migration and Asylum, adopted in December 2023. While the Pact promises more effective and solidarity-based migration management, many provisions raise serious concerns about fundamental rights protection. Particularly worrying is the expanded use of border and accelerated procedures, which may lead to systematic detention and erosion of procedural safeguards. Access to legal aid remains fragmented and dependent on national regulations, threatening equal access to protection. Legal remedies often lack an automatic suspensive effect, meaning that applicants may be returned before their appeals are heard. The article warns that the Pact’s success will depend heavily on its implementation and the political will of Member States. Without proper enforcement, the new legal framework risks entrenching existing shortcomings and undermining the right to asylum within the EU.

Key words: Pact on Migration and Asylum, access to justice, EU law, asylum, refugees.

Today, the world faces numerous crises and challenges, not least to democracy, the rule of law, and human rights. On the occasion of the anniversary of the establishment of the Faculty of Law, University of Ljubljana, it is appropriate to recall the fundamental mission of law: to safeguard the freedom and dignity of the individual and to provide a legal framework within which sovereignty and power are exercised responsibly and peace can be attained. Its fulfilment depends on the individuals who create and interpret the law, who teach and apply it, and on those who are prepared to defend it responsibly in all circumstances. A prerequisite for this, as Pitamic wisely remarked, is justice within us.

Keywords: law, justice, human rights, Faculty of Law of the University of Ljubljana, European Court of Human Rights.

The article examines civil liability in healthcare arising from the use of robotics and artificial intelligence (AI) and shows how digitalisation is reshaping traditional questions of medical negligence, the duty to inform, and the burden of proof. Its central thesis is that, in principle, Slovenian law reveals no specific liability gap inherent in AI: the core doctrines of contractual and tortious liability, employer liability for the acts of healthcare staff, and product liability remain applicable even in digitised forms of treatment. AI nevertheless significantly intensifies practical difficulties, particularly in proving causation and allocating liability across the chain of actors involved (the doctor, the healthcare institution, the manufacturer, the developer, and the provider responsible for maintenance and updates), while the opacity of algorithmic decision-making further complicates matters (the "black box” effect). The article first highlights the structural weaknesses of the Slovenian healthcare system, particularly the inadequate recording of safety incidents and the lack of uniform clinical guidelines, and considers how these deficiencies are reflected in compensation litigation. It then analyses the legal permissibility of the use of AI through the lens of therapeutic freedom and medical standards, emphasising that the duty to inform is particularly demanding when new methods are used. Finally, the article considers possible de lege ferenda solutions, in particular whether the application of strict liability and joint and several liability is justified in cases where, owing to technological and organisational complexity, the liable party cannot be identified with sufficient certainty.

Keywords: artificial intelligence, liability for damages, healthcare, medical standards, duty to explain, burden of proof, joint and several liability, strict liability, therapeutic freedom

Over the past two decades, a clear trend towards various forms of extrajudicial divorce has emerged across the European Union, primarily to reduce the burden on the courts. Spouses may obtain a divorce by mutual consent before non-judicial bodies, such as notaries or civil registrars. The laws of the Member States differ considerably, both in terms of the competent authority and its role in the procedure. While some authorities merely confirm the spouses’ consent, others have the power to assess whether the conditions for divorce are met and may even refuse it. In Slovenia, this power was conferred on notaries by the Family Code adopted in 2019. Extrajudicial divorces raise key questions in EU private international law, in particular as regards the applicability of the Brussels IIb and Rome III Regulations, which formally bind only national courts. The article examines whether, and to what extent, these Regulations may apply to divorces before non-judicial authorities and critically examines the functional test developed by the Court of Justice of the European Union in Sahyouni and Senatsverwaltung. The article also considers this case law in the context of notarial divorce under Article 97 of the Slovenian Family Code.

Keywords: Brussels IIa Regulation, Brussels IIb Regulation, Rome III Regulation, Senatsverwaltung, judgment, decision, authentic instrument, notary.

The article provides a critical analysis of the Slovenian Constitutional Court’s decision Up-1634/22, which annulled criminal convictions based on the unconstitutionality of telecommunications data retention. The author derives the theoretical framework from the concepts of the »bozo effect« and »dead technocracy«, terms denoting a systemic decay of constitutional substance resulting from negative personnel selection and the dominance of hollow formalistic procedures over sovereign constitutional judicial reasoning. The analysis focuses on the methodological shift in paragraph 21 of the decision’s reasoning, where the majority preemptively rejected the application of the proportionality test. The author characterizes this as a surrender of constitutional sovereignty and an uncritical adherence to the ECtHR case law (specifically the Škoberne case). Special attention is given to the separate opinions, particularly the paradox in the opinion of judge Dr Šugman Stubbs, who, despite acknowledging the case as "borderline” and understanding the concerns of the minority (judges Knez, Čeferin, Kogovšek Šalamon), consented to absolute procedural exclusion. The article warns against the dangers of constitutional purism, which sacrifices substantive justice and public safety in the name of procedural hygiene, and calls for a return to substantive deliberation and constitutional sovereignty.

Keywords: Constitutional Court of the Republic of Slovenia, privacy, traffic data, bozo effect, dead technocracy, exclusionary rule, proportionality test, constitutional sovereignty.

On 13 April 2026, the Society for Labour Law and Social Security held a professional consultation at the Faculty of Law of the University of Ljubljana on the challenges of cross-border provision of services and the posting of workers. Slovenia is one of the leading countries in terms of the number of posted workers. While posted workers contribute to the competitiveness of the European Union’s common market, the posting of workers also gives rise to political friction and creates scope for unlawful practices and violations of workers’ rights. The discussion highlighted the complexity of the legal regulation of postings, which encompasses not only labour law and social security law, but also tax and migration law. Numerous practical challenges were discussed, including subsidiary liability in the construction sector, the obtaining of A1 certificates, abuses relating to so-called simultaneous employment, and the challenges faced by self-employed persons in relation to postings. Participants pointed to inconsistent practice among EU Member States and to the insufficient protection of workers, especially third-country nationals, with Slovenia often serving as an entry point for work in other countries. Some widespread unfair practices, such as irregular payments and poor living conditions, were highlighted as being difficult for supervisory authorities to detect. It was also noted that some unfair practices may be committed by supervisory authorities in host Member States themselves. Nevertheless, postings remain important for the functioning of the EU single market and, in light of this, the panellists adopted several recommendations.

Keywords: cross-border provision of services, labour law, social security law, tax law, coordination of social security systems, postings, simultaneous employment.

Sanctions have played an important role in relations between States since the emergence of the modern international legal order. However, the recent, unprecedented expansion of sanctioning practice following Russia’s invasion of Ukraine in February 2022 has brought to the fore (and in some respects revived) a wide range of legal and practical questions concerning the adoption and implementation of sanctions. This article examines various aspects of international sanctions as discussed at the Ljubljana Sanctions Conference, held on 25 and 26 September 2025 at the Faculty of Law, University of Ljubljana. The conference brought together more than 150 participants—including students, academics, practitioners, and representatives of international organisations, courts, State authorities, and the private sector—and provided a unique interdisciplinary forum for discussions on sanctions in international and European law, politics, and economics. Participants discussed, among other issues, the importance of judicial scrutiny of sanctions, the impact of sanctions on the enjoyment of human rights, issues relating to the implementation and enforcement of sanctions, and the intersections of sanctions with investment law and State immunity. The conference also highlighted critical perspectives, which drew attention to the double standards, colonial connotations and geoeconomic consequences of contemporary sanctions policies, and offered insights into future challenges and possible reforms of sanctioning regimes.

Keywords: sanctions, international law, European Union, judicial review, human rights, double standards, interdisciplinarity, Ljubljana Sanctions Conference.

The article summarises a round-table discussion on the key challenges and prospects of Slovenia’s energy sector. The participants emphasised the urgent need to modernise the electricity grid, accelerate spatial planning procedures, and reform outdated legislation. Particular attention was paid to the need to strike an appropriate balance between the public interest, environmental protection, and the interests of local communities. The discussion showed that Slovenia still lacks a broad societal consensus on the future development of renewable energy sources and nuclear energy. The participants highlighted the importance of investments in solar power, hydropower, energy storage systems, and the possible construction of Unit 2 of the Krško Nuclear Power Plant. They also stressed the need to reduce dependence on imported energy and to strengthen resilience against geopolitical and climate-related shocks. It was concluded that the success of the energy transition will depend primarily on decisive, expert-led, and long-term action by the state.

Keywords: energy sector, energy transition, renewable energy sources, nuclear energy, electricity grid, spatial planning, energy security.

The article discusses a lecture by Dr Marko Bošnjak, which focused on the relationship between constitutionalism and artificial intelligence as one of the key challenges facing contemporary society. It shows that artificial intelligence affects fundamental areas of constitutional law, in particular the protection of personal data, the integrity of democratic processes, and the right to effective judicial protection. The paper further considers how contemporary society should respond to the emergence of artificial intelligence and how the law should respond to its development. In discussing constitutionalism and artificial intelligence, the lecturer argued that a key question is what kind of society we want and what conception of the human being should underpin it. The idea of constitutionalism arose from a particular view of the human being and a certain view of society. Artificial intelligence is not merely a new technological challenge; it also tests the very foundations of constitutional democracy. The question remains: will we succeed in adapting the law to artificial intelligence, or will artificial intelligence transform the law?

Keywords: constitutionalism, artificial intelligence, data protection, democracy, regulation.

For more than 25 years, the Association of Jurists’ Societies of Slovenia (ZDPS) has been granting awards to jurists for significant achievements in the field of legal science, legal culture and legal theory, in the last few years together with another large legal organisation, the Association of Commercial Law Societies of Slovenia (ZDGPS). The membership of the two associations consists of various societies of jurists, some societies are members of both associations, while others belong only to the so-called general association, i.e. ZDPS. Pursuant to Article 9 of the Rules on Awards and Prizes of the Association of Jurists’ Societies of Slovenia, both associations have published a public call for nominations for the ZDPS and ZDGPS awards. For significant achievements in the fields of legal science, legal culture and legal theory, both associations award: a lifetime achievement award, an award for the most outstanding achievement in the previous year (jurist of the year), an award to a young jurist for the most outstanding achievement in the preceding year (for a doctorate, a master’s degree, or another achievement, e.g. for an article, project, achievements in competitions) and an award for work in one of the two associations or in their member societies. Candidates can be nominated by members of both associations, members of the associations’ bodies and other individuals and legal entities on the basis of a reasoned nomination.

Keywords: Association of Jurists’ Societies of Slovenia, Association of Commercial Law Societies of Slovenia, societies, awards, jurist of the year, young jurist of the year, lifetime achievement award.

The ZUP-I amendment to the Slovenian General Administrative Procedure Act (ZUP), adopted in October 2025, represents one of the most extensive updates to administrative procedure in recent years. The basic concept of the ZUP is preserved, while numerous solutions have been introduced to streamline and accelerate procedures. The main changes concern submissions by parties, recording minutes, the use of language in proceedings, and revised rules on service of documents. The amendment also introduces new legal instruments such as the so-called informative decision, an abridged statement of reasons, and the waiver of the right to judicial review, all of which are intended to facilitate faster decision-making. Although ZUP-I introduces many welcome changes, some may also give rise to difficulties or complications in practice. Experts in administrative law critically assess the systemic effects of the amendment in the Introductory Explanations to ZUP-I and identify challenges that will require further development of ZUP.

Keywords: administrative procedure, ZUP-I amendment, service of documents, administrative decision, legal remedies, fact-finding proceedings, digitalisation of public administration, classified information, informative decision.