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20. marec, 2018

IX. Pitamičevo tekmovanje študentov prava

V petek, 16. marca 2018, je na Ustavnem sodišču RS potekalo finale IX. Pitamičevega tekmovanja študentov prava, ki ga kot sponzor že vrsto let podpira tudi Odvetniška družba Zdolšek. Tekmovanja, ki je zastavljeno kot simulacija postopka pred Ustavnim sodiščem, se je letos udeležilo 30 ekip s po tremi študentkami oziroma študenti z vseh treh slovenskih pravnih fakultet. Ekipe so se na tekmovanju spopadle z namišljenim, a še kako aktualnim primerom, povezanim z vprašanjem meja ustavno dopustnega omejevanja vstopa beguncev in migrantov na državno ozemlje.

Tekmovalni primer je opisoval situacijo, v kateri je državni zbor zaradi strahu pred množičnim prihodom beguncev in migrantov sprejel zakon, na podlagi katerega bi lahko v primeru nevarnosti prevelikega navala beguncev in migrantov Vladi RS odobril sprejetje ostrih ukrepov za omejevanje vstopa na državno ozemlje ter celo začasno prenehanje uporabe oz. omejitev veljavnosti Evropske konvencije o človekovih pravicah, drugih mednarodnih pogodb in določenih aktov EU. Ekipe so v prvi fazi tekmovanja zastopale pobudnika za presojo ustavnosti takega zakona, nato pa so se morale postaviti še v vlogo Vlade ali Državnega zbora in odgovoriti na memorandum ene izmed ekip.

Vsak pisni izdelek so ocenili trije vrhunski pravni strokovnjaki s področja ustavnega prava, med katerimi so bili tako nekdanji kot sedanji sodniki ustavnega sodišča, sodniki upravnega sodišča, ugledni profesorji prava in drugi. V zaključni del tekmovanja se je uvrstilo osem ekip, ki so za svoja izdelka prejele najvišjo povprečno oceno. Zaključni del tekmovanja je potekal v obliki simulacij ustnih obravnav, ki so potekale pred senati treh ocenjevalcev, prav tako vrhunskih ustavnopravnih strokovnjakov. Četrtfinalne in polfinalne obravnave so potekale v prostorih Pravne fakultete UL, najboljši dve ekipi pa sta na koncu dobili priložnost, da se v razpravni dvorani Ustavnega sodišča pomerita v finalni obravnavi pred sodnim senatom, ki so ga sestavljali predsednica Ustavnega sodišča doc. dr. Jadranka Sovdat, ustavni sodnik Marko Šorli in prof. dr. Igor Kaučič, redni profesor ustavnega prava na Pravni fakulteti UL.

Po oceni sodnega senata je bila na finalni obravnavi najbolj prepričljiva ekipa, ki je nastopala pod vzdevkom Romul. Sestavljale so jo študentke Pravne fakultete UL Pia Novak, Jana Šteblaj in Eva Venier; slednja je prejela tudi priznanje za najboljšo govorko. Vsem trem članicam zmagovalne ekipe iskreno čestitamo, kot del nagrade pa so bile vse tri povabljene tudi na opravljanje plačane prakse v Odvetniški pisarni Zdolšek.

Več informacij o tekmovanju najdete na spletni strani http://pitamicevotekmovanjestudentovprava.blogspot.si/.

IX. Pitamic Moot Court Competition

On Friday, March 16th 2018, the ninth edition of Pitamic constitutional law moot court competition came to a close with the final hearing, which took place at the Constitutional Court of the Republic of Slovenia. The competition, which has been supported by Zdolšek Attorneys at law for several years now, is designed as a simulation of the procedure before the Constitutional Court. This year it was attended by 30 teams of three students each from all three Slovenian law faculties.

The case the competitors had to address was fictional, yet it reflected many current legal and wider social and political issues, as it was primarily focused on the question of boundaries of constitutionally permissible limitations of migrations. It described a situation in which the National Assembly, concerned with the possible arrival of large numbers of refugees and other migrants, passed an act that, in case of a large influx of refugees or migrants, allowed the National Assembly to approve and the Government to implement temporary measures that severely restrict the conditions for entering the country and even derogate or limit the use of the European Convention on Human Rights and other international treaties, as well as certain acts of the EU.

Participating teams had to submit two written memoranda, one for the applicant petitioning the Constitutional Court to declare the abovementioned Act unconstitutional, and the other for the respondent, defending the constitutionality of the Act. Each written submission was graded separately by three different judges, selected among the top constitutional law experts, including current and former judges of the Constitutional Court, judges of the Administrative Court, esteemed law professors etc. Eight teams which received the highest average grade qualified for the oral rounds, held in the form of court hearings in front of three judge panels. Quarterfinal and semi-final rounds were held at the University of Ljubljana’s Faculty of Law, and the best two teams had the opportunity to present their arguments at the final hearing, held at the Constitutional Court in front of a panel of three judges that included dr. Jadranka Sovdat, current President of the Constitutional Court, Marko Šorli, judge of the Constitutional Court, and professor dr. Igor Kaučič, professor of constitutional law at Ljubljana’s Faculty of Law.

According to the judges’ assessment, team that competed under the nickname “Romul” was the more convincing of the two finalists. The winning team consisted of three Ljubljana’s Faculty of Law students Pia Novak, Jana Šteblaj and Eva Venier, the latter of which also received the best speaker award. We sincerely congratulate all three members of the winning team, who have all been offered a short-term paid internship at Zdolšek Attorneys at law as part of their reward.

15. december, 2017

The Slovenian Securities Market Agency (ATVP) launches a consultation on ICO

On December 12th 2017 the Securities Market Agency (ATVP) published a consultation document related to the regulation of the field of fundraising by using data block technology (ICO). The financial services industry has recently faced the emergence of new technologies that have impacted both start-up and existing companies. According to the ATVP, the increasing impact of new technologies raises a number of issues, most notably from the legal point of view and the point of view of a level playing field. Given the disruptive nature of new technology and its impact on financial services, the ATVP has focused on the offer of tokens used to raise funds from the general public, i.e. ICO, as the most exposed product of new technologies.

Several ICO procedures have already been carried out in the Republic of Slovenia (or from the Republic of Slovenia) and the size of funds collected through the ICO has also increased.

Due to the proliferation of fundraising by using data block technology (ICO) and a number of legal issues that arise in regard to this, the Securities Market Agency (ATVP) has prepared a consultation document related to the regulation of the ICO field. The document includes a definition of ICO, a warning of ICO-related risks, an analysis of the existing ICO legal framework in relation to the rules falling within the competence of the ATVP and questions for the interested public regarding the possible systematic regulation of the ICO field in the future.

Representatives of the interested public are invited to submit their replies to the consultation document by March 15th 2018. More information on the public consultation is available at the web page of the Slovenian Securities Market Agency: http://www.a-tvp.si/default.aspx?id=2469.

27. september, 2017

Slovenia adopts Class Actions Act

On 26th of September 2017, Slovenian National Assembly adopted the Class Actions Act, introducing institutions of class action and class settlement to the Slovenian legal system. The Act aims to accelerate court proceedings and enable easier access to justice for individuals in the event of mass harm situations, particularly in situations where many injured individuals might otherwise not seek redress due to costly legal proceedings and small amounts involved in individual claims.

Class actions can be filed by a senior state attorney or by a non-profit legal person of private law whose activities are directly related to the rights that have allegedly been breached. However, a class action must meet certain additional criteria in order to be approved by the court. Most importantly, it must refer to the same type of claims, based on same or at least similar factual and legal questions. Those claims must be made by a defined group of people numerous enough, where individual lawsuits or other forms of legal protection available to the claimants would not ensure equally effective protection of their rights.

Upon approving the class action, the court will decide whether the system of inclusion or exclusion is to be used in the proceeding. In case of the former, every injured individual has to expressly state that he or she wishes to take part in the class action proceeding (opt-in system), whereas in case of the latter, all injured individuals are automatically included, unless they expressly state that they do not wish participate (opt-out system). In either case, injured individuals are not formally considered parties to the procedure. They are represented by the person who filed the class action and who has a legal duty to protect their interests. Nevertheless, injured individuals will have the option to participate in the procedure and submit comments and evidence to the court.

By providing injured individuals with an easier and more effective way of protecting their rights, the Act also seeks to discourage potential infringers from illegal activities, as it is now more likely that injured parties will seek judicial protection despite small individual claims. The Class Action Act will come into effect on 21st of April 2018, but it is worth pointing out that once the Act enters into effect, class actions can be filed in cases of mass harm situations that occurred prior to the aforementioned date.

5. julij, 2017

Changes to the Commercial crime section of the Slovenian Criminal Code

On 2nd July 2017 the amended Slovenian Criminal Code (the KZ-1E amendment) came into force. Among other novelties, the KZ-1E amendment introduces some significant changes in the description of the criminal offence of abuse of position or trust in commercial activity pursuant to Article 240 of the Slovenian Criminal Code. This particular offence is typically referred to as the “Managers felony” as its offenders are usually directors, managers, board members, etc…

The most important modification is the introduction of the oblique intent (dolus eventualis) as an element of the criminal offence. The criminal offence of abuse of position or trust in commercial activity is an intentional felony; prior to the KZ-1E amendment the criminal offence had to be committed with deliberate intent (dolus directus) and, in addition to that, the perpetrator had to have criminal purpose to acquire illegal benefit or to cause damage to the company’s assets. After the changes introduced by the KZ-1E amendment the oblique intent (dolus eventualis) is now sufficient to prosecute criminal offenders. This means that the offender does not have to strive for the realization of the criminal result (as in the case of dolus directus) but it is sufficient that the he views the criminal result as possible and accepts it. Furthermore, acquiring illegal benefit/causing damages to the company is now defined as a consequence of the criminal offence, which means the offender’s intent in this regard is no longer required.

The above mentioned changes aim at facilitating the prosecution of the offenders of the criminal offence of abuse of position or trust in commercial activity. The introduction of the dolus eventualis as an element of the criminal offence makes it even more important for the management to diligently consider all aspects of their business decisions and support them by appropriate legal analysis.

For additional information please contact: uros.divjak@zdolsek.com.

21. maj, 2017

The EU Antitrust Damages Directive is now transposed into the Slovenian legal system

On May 20, 2017 the Amendment of the Slovenian Competition Act (ZPOmK-1G) entered into force. A new body of provisions aims at transposition of the EU Directive 2014/104/EU on antitrust damages actions into the Slovenian national legislation. The amended Competition Act facilitates the private enforcement of the competition law before the national courts by, inter alia, providing easier access to evidence in actions for damages and extending the limitation period for damage claims in relation to competition regulation infringements to 10 years. The previously attempted comprehensive reform of the competition law proceedings before the Slovenian Competition Protection Agency (including introducing a system of administrative fining, new investigative powers and changes to the merger control regime) was left for a later time.

Our competition lawyers have participated in the expert consultation on the implemented changes of the competition legislation.  For further information on the topic, please contact irena.jurca@zdolsek.com.

11. april, 2017

Chambers2017

Many thanks to our clients for the excellent reviews of our team featured in Chambers Europe 2017:

The team receives glowing reports from clients, with one stating that “the team is flexible with the optimal size to maintain a close relationship with the client while being amazingly passionate about their job and eager to satisfy the needs of their clients.”

They are particularly known for their commercial understanding: “They are really very personable and know our field and industry – very business-oriented.” Another client enthuses that “they produce comprehensive solutions supported by top-level expertise.”

Stojan Zdolšek enters the rankings as a leading individual due to excellent feedback.

For more information please see: http://www.chambersandpartners.com/Europe/firm/22924528/zdolsek-attorneys-at-law.

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