News

Decision of the Constitutional Court - Suspension of the execution of undercover investigative measures by technical intelligence (IMSI Catcher)

Posted by Edo Kavalič on Wed, 08/14/2019 - 08:50

In the Case no. U-I-144/2019, the Constitutional Court decided to suspend the enforcement of Article 150.a of the Criminal Procedure Act, which provides the legal basis for the use of the so-called IMSI Catchers. The Constitutional Court assessment of the Article 150.a is that such undercover investigative measures could cause invasive interventions by the state in human rights and fundamental freedoms.

The undercover investigative measure defined in Article 150.a could enable unjustified encroachments on the privacy of an individual in the acquisition and processing of personal data, and also the implementation of other undercover investigative measures that would otherwise not be possible or would be difficult to implement.

Therefore, the Constitutional Court estimates that the implementation of Article 150.a could have severe, difficult to repair and harmful consequences which, for the reasons described, would be significantly more severe than those related to the retention of the Article in question.

Important novelties of the Family Code

Posted by Edo Kavalič on Tue, 04/16/2019 - 17:34

Since April 15, 2019 all the provisions of the new Family Code adopted by the National Assembly on March 21, 2017 have been applied. The Family Code introduces a new definition of the family, introduces novelties in the area of marriage and divorce, parental care, contacts of children with parents, child support, housing protection of the spouse, establishes a central database on child support and in addition, the power of decision-making has been transferred to the courts, and centers for social work are primarily recognized as advisory.

The most noteworthy novelty is certainly that spouses and their equal partners can now conclude prenuptial agreements. This is a novelty in our legal order, which allows partners to agree on the sharing of joint assets either before the marriage is concluded, either during its duration or even after divorce. In accordance to Family Code, partners are now allowed to exclude the validity of the marital property regime, according to which each of them is entitled to half of the total assets. This gives them the right to divide the property according to their own desires. 

Among the most important novelties of the Family Code is also the new form of divorce before a notary, which is intended for those spouses who do not have common children, as well as the right of parents to express their will in advance in case of death or permanent incapacity of parental care, to whom should the child be entrusted with protection and education.

For additional explanations regarding new Family Code, you can contact attorney trainee Petra Lovšin, available at: lovsin@kavalic.si.

A new law on business secrets

Posted by Edo Kavalič on Thu, 04/04/2019 - 10:57

On March 26, 2019, the National Assembly adopted a proposal for the Business Secrets Act (hereinafter “ZPosS”), which fully regulates the field of business secrets. This is a material as well as procedural law, since the ZPosS defines the concept of a business secret, as well as procedures and measures in case of violations.

The concept of business secrets in our legal order has not been uniformly regulated so far; however, the partial definitions of business secrets can be traced in various laws (for example, Article 39 of ZGD-1, Article 3 of ZPomK-1, etc.).

ZPosS thus brings a welcome systematic regulation of the concept of business secret in one regulation. The concept of professional secrecy is defined by the new provision in Article 2 of the ZSosS. From now on, all other laws in which the legal concept of business secrets is mentioned refer to the definition or definition of business secret, as follows from the cited provision. Important novelties brought about by the new law also include for example:

  • a clear separation between the lawful and unlawful acquisition, use and disclosure of business secrets;
  • adequate protection in the event of infringements;
  • an order referring to the preservation of confidentiality of professional secrecy during the judicial proceedings;
  • temporary orders before court to safeguard business secrets.

For additional explanations regarding new legal arrangements and other issues related to the safeguarding of business secrets, you can contact attorney trainee Petra Lovšin, available at: lovsin@kavalic.si.