Vol. 17 No. 1 (2025): LeXonomica

This publication is financially supported by ARIS - Slovenian Research and Innovation Agency

Izdajo publikacije finančno podpira ARIS - Javna agencija za znanstvenoraziskovalno in inovacijsko dejavnost Republike Slovenije

Editorial

Before you is the Vol. 17, No. 1 (2025) issue of LeXonomica journal, containing five scientific articles addressing current legal and economic issues.

The first article (“Online Gambling Regulatory Policy: An Analysis from the Perspective of the Rights and Duties of the Gambler in Portugal”) written by João Ricardo Catarino & Carlos Henriques Machado, analyses the effectiveness of protecting online players' rights considering Portuguese legislation, which originates from the common European rules established for all Member States of the European Union. The study aims to characterise the Portuguese regulatory policy for games of chance, especially in the online gaming modality, its regulatory principles, its characteristics, and purposes, and to describe how it articulates with European recommendations. Based on this characterisation, the study analyses the effectiveness of compliance with the fundamental aspects of this regulatory policy by entities operating online gambling from the perspective of protecting the rights and duties of players, as enshrined.

The second article (“The Imperative of Revising the Arbitration Exception in the Brussels I bis Regulation”) written by Martina Tičić, analyses the Brussels I bis Regulation, i.e., the main instrument governing jurisdiction and recognition and enforcement of judgments in civil and commercial matters. The latter explicitly states that arbitration does not fall under its scope. This ‘arbitration exception’ has led to difficulties in practice, many of which have found their way to the Court of Justice of the EU (CJEU). However, as the CJEU case law shows, it only led to new questions. This paper thus presents the intricacies of the ‘thorny’ interplay of arbitration and court litigation in the EU. In order to remedy the existing problems in practice, two potential solutions are suggested.

The third article (“Strategic Integration of Sustainability, Circular Economy, and Blockchain in Slovenian Urban Governance”) written by Gorazd Justinek, examines how municipal sustainable development strategies incorporate emerging technologies, particularly blockchain, and innovative sustainability concepts such as the circular economy. Achieving the goals of Agenda 2030, especially transitioning to a circular economy, requires doubling energy efficiency by 2030. While blockchain and the circular economy have often been studied separately, this research explores their intersection within the context of urban sustainability. The study applies qualitative content analysis to the official development strategies of all 12 urban municipalities. This analysis is complemented by semi-structured interviews with senior officials from the Ministry of the Environment, Climate and Energy, and the Vice Mayor of Ljubljana, providing institutional perspectives on strategic priorities and implementation logic. This is the first comprehensive analysis of how Slovenian urban municipalities address the interconnected themes of sustainability, circular economy, and blockchain technology. The findings contribute to academic discussions and offer practical recommendations to enhance innovation in urban sustainability planning.

The fourth article (“Post-Contractual Non-Compete Clause in Commercial Agency Contracts”) written by Sebastjan Kerčmar, deals with the legal regime governing post-contractual non-compete clauses in commercial agency contracts, analysing Slovenian legislation and its compliance with Directive 86/653/EEC. The Slovenian Obligations Code (OZ) requires the mandatory payment of compensation for compliance with a non-compete clause only in cases where the contract is terminated for reasons attributable to the principal. The author stresses that such a regime may lead to a restriction of contractual freedom without adequate compensation, which is not in line with the spirit of the Directive. Based on a review of the regimes in respect of non-compete clauses after the termination of a commercial agency contract in various European countries, including Croatia, the author finds that the regimes vary considerably between countries. The paper also focuses on the impact of non-compete clauses on indemnity, as the OZ requires such clauses to be taken into consideration in determining the amount. The author draws attention to the need for a fair balance of interests and for legislation to be revised to ensure that agents are protected against disproportionate restrictions without adequate compensation.

The fifth article (“Protection of Workers in Relation to the Use of Artificial Intelligence in the Workplace”) written by Asja Lešnik, examines the impact of artificial intelligence (AI) on all stages of the employment relationship and analyses whether the current legal framework adequately protects workers from the risks posed by the use of AI in the workplace. The focus is on Slovenian labour law, while also considering relevant international and EU legal sources such as the AI Act, the Directive on Improving Working Conditions in Platform Work, the GDPR, and the EU Charter of Fundamental Rights. The author addresses legal challenges including discrimination, data protection, privacy, occupational safety and health, and liability for damages. The article finds that while some protective mechanisms already exist, none of the analysed legal sources comprehensively regulate AI use in employment relationships. To ensure effective worker protection, the author argues for either the amendment of current laws or the adoption of dedicated legislation. Since AI will play an even more significant role in Labour Law in the future, it is crucial for the law to adapt in a timely manner to the new challenges posed by AI.

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