Limits in Times of Crisis: on Limitations of Human Rights and Fundamental Freedoms in the Slovenian Constitutional Order

Bardutzky, Samo

doi:10.47078/2020.2.9-31

Cited by 3 publications

(2 citation statements)

References 5 publications

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“…Niewątpliwie wprowadzenie środków mających na celu ochronę zdrowia publicznego powinno być uprzednio konsultowane z ekspertami 10 E. Kużelewska, Slovenia's crisis-driven path from neo-to quasi-militant democracy, (w:) J. Rak, R. Bäcker (red. 18 . Słoweńskie Zgromadzenie Narodowe przyjęło ustawę z dnia 2 kwietnia 2020 r. określającą środki interwencyjne mające na celu powstrzymanie epidemii COVID-19 i złagodzenie jej skutków dla obywateli i gospodarki.…”

Section: Ograniczenia Wolności Zgromadzeń I Stowarzyszania Się Podcza...unclassified

Restrictions of Freedom of Assembly and Association in Slovenia during COVID-19 Pandemic

Kużelewska

Podolak

2022

Białostockie Studia Prawnicze

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Slovenia is one of the European Union Member States which disproportionately restricted political rights during the COVID-19 pandemic. Since the new government of Prime Minister Janez Janša came to power in March 2020, the anti-government and anti-lockdown protests have been taking place across the country. The pandemic-related restrictions have been introduced by government’s ordinances. They have greatly limited political rights of citizens, in particular the right to public assembly and association. Citizens’ dissatisfaction with the government’s policies and inadequate handling of the epidemic, resulting in undue restrictions on liberty and other fundamental rights, led to the filing of petitions to the Constitutional Court. The Constitutional Court, resolving the dispute between citizens and the government, ruled that government regulations implementing restrictions on fundamental rights, particularly the rights to public assembly and association, were unconstitutional in several cases.

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Section: Ograniczenia Wolności Zgromadzeń I Stowarzyszania Się Podcza...unclassified

Restrictions of Freedom of Assembly and Association in Slovenia during COVID-19 Pandemic

Kużelewska

Podolak

2022

Białostockie Studia Prawnicze

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“…| For an in-depth engagement with governmental measures during the first wave of Covid-19 epidemic and the role of the Constitutional Court see:Bardutzky, 2020. 9 | Jereb, 2020.…”

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(Re)Constructions of Social Networks in Slovenian Case Law

Čufar

2022

LIVe

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The article explores the disruptions and puzzles that Slovenian courts encounter when dealing with contested speech on social networks. In recent years, social networks have thoroughly transformed the ways in which we communicate, relate to ourselves and others, disseminate and perceive information, as well as our understanding of privacy and limits of freedom of expression. Social networks are commercial products of private companies, which are more or less autonomous regarding the regulation and moderation of user-generated content they host. However, legal remedies may be activated when such content conflicts with legal norms. An overview of the Slovenian legislative framework and case law involving expression on social networks exposes the ways in which courts (re)construct social networks, as well as the impact and meaning of a disputed online expression. While the case law on the subject cannot be considered established, the overview reveals the strategies that Slovenian courts employ when dealing with the particularities of expression on social networks. The courts, by and large, assume that social networks are special communicative spaces where freedom of expression must be protected and evaluated according to the particularities of social networks. Such understandings may transform the bar of acceptable expression and influence public discussions’ tone beyond social networks.

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Implementation of the Right to Protection of Civil Rights under Martial Law

PRAKHOVNIK¹,

KACHYNSKA²,

ZEMLYANSKA³

et al. 2022

SLS

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The relevance of the study is conditioned by the peculiarities of martial law and its impact on the implementation of the rights of individuals and legal entities. The issue of giving each person the opportunity to use their powers to protect their benefits, which is guaranteed by the state, in the conditions of martial law, has become of great importance. The paper is aimed at defining and disclosing the concept of “protection of civil rights” and the possibility of its implementation under martial law. The leading methods of research are dialectical and systematic, which allow considering the legal nature of the category “protection”. A systematic approach helped determine the most effective legal ways to protect rights under martial law. The study defines the concept of “protection of civil rights under martial law”, reveals the specifics of the implementation of the right to protect one's rights, considering the peculiarities and restrictions of wartime, examines the most effective ways to protect civil rights and the possibility of their application under martial law, describes the jurisdictional and non-jurisdictional forms of civil rights protection. The theoretical value of the study is to define the concept of “the right to protection of civil rights”, considering the specifics and restrictions caused by martial law, which can become the basis for further scientific research of related issues. The practical value of the study is the disclosure of the specifics of the implementation of the right to protection in the territories where military operations are conducted, and to determine effective forms and methods of protecting civil rights under martial law.

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Limits in Times of Crisis: on Limitations of Human Rights and Fundamental Freedoms in the Slovenian Constitutional Order

Cited by 3 publications

References 5 publications

Restrictions of Freedom of Assembly and Association in Slovenia during COVID-19 Pandemic

Restrictions of Freedom of Assembly and Association in Slovenia during COVID-19 Pandemic

(Re)Constructions of Social Networks in Slovenian Case Law

Implementation of the Right to Protection of Civil Rights under Martial Law

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