RIGHT TO BE FORGOTTEN – INDEED A NEW PERSONAL RIGHT IN DIGITAL EU MARKET?

The article analyses the judgment in case Google Spain, C-131/12, in which the Court of justice of the EU (CJEU) decided that search engines do bear certain part of a responsibility to protect privacy, although that they are not the author of certain information, nor they change the substance of such an information. The sole argument that they help searching certain information is, for the CJEU, enough to nclude them in the circle of persons, who are not without responsibility regarding different internet services. The decision has huge effects and as it is seen from the literature, much bigger and more comprehensive than the CJEU wanted. The article argues that this decision does not mean (not yet) a right to be forgotten as it could be understood from the outset. Namely, certain information, which somebody wanted to have removed, is still there, somewhere in the internet, just we cannot fi nd it any more (unless we know the internet address or other criteria, not the name, which could help us find it)

AJAR DOOR TO PRIVATE INTERESTS IN WATER (DRINKING WATER SUPPLY) MARKET – RARE CASE OF SLOVENIA, TRIGGERED BY THE EU PROPOSAL OF THE DIRECTIVE ON CONCESSIONS

This article discusses a new constitutional right, a right to (drinking) water in Slovenia, especially elements of the public service for the supply of drinking water. This change of the Constitution was triggered by the 2011 proposal of the EU Directive on concession, which had proposed concessions for the supply of drinking water. A harsh reply from the wider public changes the mainstream of this idea. At the same time, it had triggered certain political sphere to think how to preserve the supply of drinking water out of the private interests. Corollary, in Slovenia, the supply of drinking water is taken out of the market, that way also from the EU internal market and the competition rules, which both might be contestable. Arguments are put forward to support the exclusion of the above services from overall water market, claiming that the supply of drinking water has certain distinctive elements from other public services, where the natural resources are not in foreground, especially where every individual is not only potential, but real end-user. The article emphasizes that the measure is more important for future generations and for our inheritors and adds supportive arguments in this respect

RIGHT TO BE FORGOTTEN – INDEED A NEW PERSONAL RIGHT IN DIGITAL EU MARKET?

The article analyses the judgment in case Google Spain, C-131/12, in which the Court of justice of the EU (CJEU) decided that search engines do bear certain part of a responsibility to protect privacy, although that they are not the author of certain information, nor they change the substance of such an information. The sole argument that they help searching certain information is, for the CJEU, enough to nclude them in the circle of persons, who are not without responsibility regarding different internet services. The decision has huge effects and as it is seen from the literature, much bigger and more comprehensive than the CJEU wanted. The article argues that this decision does not mean (not yet) a right to be forgotten as it could be understood from the outset. Namely, certain information, which somebody wanted to have removed, is still there, somewhere in the internet, just we cannot fi nd it any more (unless we know the internet address or other criteria, not the name, which could help us find it)

STATE OF PLAY IN THE EU

This article deals with some issues that are arisen in the EU in the past years and how they shall be tackled with the vision of the EU. The author refers to the internal market as a cornerstone of the EU, the economic idea that overgrew to political goals. This idea brought a lasting peace to the EU, enable the economic prosperity among the Member States and also indirectly influence to respect human rights. This is nowadays questionable. The financial stability was put over the social rights. At least lawyers shall not agree with the fact that consequences of the measures to solve economic and financial crises shall primarily lie at the poorest part of the society. The author also touches the issue of ageing the EU, environmental policies that shall repair the damage done by the baby-boom generation, unemployment, especially of the youth. Go green, go social shall be two cornerstones of the EU prospective

Ustavno načelo enakosti ne dovoljuje slabšega položaja slovenskih državljanov

Ustavni vidik načela enakosti pred zakonom v povezavi s pravom Evropske unije v zadnjem času dobiva nekatere nove vidike. Ti so vse pogosteje del slovenske pravne realnosti, tako v postopku sprejemanja zakonodaje kot na izvršilni ravni in pri delu sodne veje oblasti. Ne gre sicer za kakšno novo obveznost, ki nam bi jo nalagala Evropska unija. S članstvom v Evropski uniji to ustavno načelo ni bilo spremenjeno. Lahko pa govorimo o nekaterih novih vidikih pri interpretaciji tega ustavnega načela..

PROPERTY AND ENVIRONMENTAL PROTECTION - AN OVERVIEW OF THE SLOVENE LEGAL FRAMEWORK

Property in the field of the environment can serve as an argument for better Protection measures or as a reason to make protection measures diffi cult in case that the owner does not agree with the measures. In another words, the property can serve as a reason for and against the (state or private) environmental protection measures. It can also be used against authorities and against private persons, i.e. polluters, factories etc. This article explore different viewpoints on how the objection of property (a use of it, its protection, a protection of its value, etc.) can be used in different legal relationship, what kind of legal proceedings are possible in case of administrative law (public law remedies) and in private law (private law remedies)

PROPERTY AND ENVIRONMENTAL PROTECTION - AN OVERVIEW OF THE SLOVENE LEGAL FRAMEWORK

Property in the field of the environment can serve as an argument for better Protection measures or as a reason to make protection measures diffi cult in case that the owner does not agree with the measures. In another words, the property can serve as a reason for and against the (state or private) environmental protection measures. It can also be used against authorities and against private persons, i.e. polluters, factories etc. This article explore different viewpoints on how the objection of property (a use of it, its protection, a protection of its value, etc.) can be used in different legal relationship, what kind of legal proceedings are possible in case of administrative law (public law remedies) and in private law (private law remedies)

Legal aspects of health implications caused by environmental distress

The article tries to explore legal consequences in cases where the environmental distress causes health implications for individuals. The author begins with the observations from two different angles, that is ex ante and ex post actions. Both approaches differ substantively, since the ex ante approach is applied by state authorities (command-and-control approach, de iure imperii acts), while the ex post approach is by a general rule initiated by individuals against polluters/state. Both approaches are discussed considering the application of EU rules and beyond (ECHR, Aarhus convention). The main emphasis is given to one of the biggest problems, that is the issue of causality, which discourages many plaintiffs from claiming damages. For the so-called post-industrial risks the conventional rules of causality do not suffice, which is why certain courts proposed that changes in this respect are necessary. In addition, the role of NGOs is emphasised, since the NGO can, especially in the ex ante approach, achieve better effects, especially when locus standi is assured

Applicability and effect of directives from the sphere of environmental protection in administrative and legal proceedings

Prispevek analizira pravila o neposrednem učinku, neposredni uporabnosti in konsistentni razlagi, ki se uporabljajo na področju direktiv, ki urejajo varstvo okolja v EU. Analizira tudi, zakaj je potrebno omenjena pravila uporabljati po uradni dolžnosti in da je slednje dolžnost tako sodišč kot državnih organov. Področje varstva okolja je urejeno predvsem z direktivami, ki pa stremijo k varstvu okolja v javnem interesu. To je značilnost, ki vpliva na razumevanje neposrednega učinka, kajti pravica posameznika ni v ospredju in to postavlja pod vprašaj neposredni učinek. Ne glede na to, ni znatnih odstopanj od splošnih pravil glede neposrednega učinka. Dodatno avtor pojasnjuje, da je uporaba teh pravil po uradni dolžnosti ne samo dolžnost, ampak velikokrat tudi pomembna pomoč