Janja Hojnik- PhD
- Chair at University of Maribor
Janja Hojnik
- PhD
- Chair at University of Maribor
About
71
Publications
26,911
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Introduction
Janja HOJNIK is EU Law Professor at the Faculty of Law, University of Maribor; Jean Monnet Chair Professor, head of Eur. Legal Studies master programme (since 2020), Vice-Rector for Quality (2018-22), National Council for HE, Vice-Dean for Research (2015-19), Head of the Doctoral Programme (2016-2019). Fields of research interest: EU internal market, price regulation, servitization of industry, digitalisation, AI, common commercial policy, EU and WTO etc.
Personal website: janjahojnik.eu
Current institution
Additional affiliations
November 2003 - present
Publications
Publications (71)
The article explores the legal status of consumer ethnocentrism in the EU and how the three simultaneous crises of the present time (economic, food and climate change) challenge the EU Court’s judgment in Buy Irish, which presents the foundation for uprooting negative consumer stereotypes towards products from other Member States. Various national...
Servitization is one of the economic megatrends in modern society, a process that creates value by adding services to products, ranging from renting and maintaining expensive capital goods to producing smart
objects and rapid prototyping. This article explores some of the EU law implications and challenges of servitization from the competition and...
The article responds to a growing number of demands by governmental and non-governmental organisations that call upon the EU institutions to level the legal treatment of digital and physical goods. The article stems from the established criteria for distinguishing between goods and services in the marketing domain, and analyses on the importance at...
Evropska unija posodablja industrijsko strategijo za krepitev konkurenčnosti in tehnološke neodvisnosti. Ključna pri tem je vzpostavitev enotnega digitalnega trga, ki omogoča boljši dostop do digitalnih storitev, spodbuja inovacije in krepi odpornost evropske industrije na globalnem trgu. Digitalna preobrazba podpira razvoj umetne inteligence, kvan...
The date 1 May 2024 marks two decades since Slovenia started participating in the EU internal market. During this period, Slovenian citizens, businesses, and state authorities have gained considerable experience with EU membership, both positive and negative. Judging by examples of case law analysed, Slovenia is not known for serious breaches of EU...
Zbirka vaj je namenjena študentom prve stopnje bolonjskega študija prava pri predmetu Pravni sistem in institucije EU na Pravni fakulteti v Mariboru, ki se prvič srečajo s študijem prava EU. Snov se v zbirki prične obravnavati s pregledom zgodovinskega razvoja EU in njenega prava ter nadaljuje s poudarkom na delu institucij EU, pri čemer poglavja s...
This course material was prepared as a support for a lectures series under Global Law Programme organised by the Catholic University Leuven (Belgium), Faculty of Law and Criminology. The course dealt with EU regulatory challenges arising from the servitisation of manufacturing and the related sustainability and digitalisation process in the EU econ...
Zbirka vaj je namenjena študentom druge stopnje bolonjskega študija prava pri predmetu Sistem sodnega varstva v EU na Pravni fakulteti v Mariboru. Zajema pregled postopkov pred Sodiščem EU, pri čemer so neposredni postopki razdeljeni na postopke zoper države članice in postopke zoper institucije EU, temu pa sledijo še naloge v zvezi s postopkom pre...
From the early days of the common market, the Community has always held a firm stance against (public) origin labelling: such information could easily be (mis)used as a protectionist instrument to perpetuate consumer habits of buying domestic produce. Rather, from the perspective of free movement, the “average consumer” should benefit from the adva...
Knjiga podaja prispevek h gradnji enotnega okvirja za področje medijske svobode v Evropski uniji. V tem pogledu orisuje položaj medijske svobode pri vstopanju držav v EU in nastajajoči pravni okvir za zaščito medijske svobode kot temelja demokracije v državah članicah EU. Od začetnega pristopa k medijem kot enemu od storitvenih sektorjev, ki naj se...
Artificial intelligence is becoming seamlessly integrated into our everyday lives, augmenting our knowledge and capabilities in driving, avoiding traffic, finding friends, choosing the right movie, or finding the perfect song, and, perhaps most importantly, it is entering into healthcare and medical diagnostics with large brave strides. As this twe...
As noted by the EU Court at several occasions, the free movement of goods between Member States, as expressed in Article 34 TFEU, is a fundamental principle of EU law. Prohibition of quantitative restrictions and measures having equivalent effect on imports is pursuing the goal of eliminating all non-tariff barriers to imports of goods. This prohib...
To assure proper functioning of the internal market not only imports to the other MS needs to be undisturbed, but also exports. Yet, the number of cases before the EU Court of Justice concerning national restrictions of exports is considerably lower in comparison to those concerning import restrictions. The reason for this lies in the fact that MS...
The EU’s economic policy over the past thirty years was considerably marked by the consistent introduction of market rules and the freedom to conduct a business in all economic activities. The main purpose of such a policy was aimed at limiting the influence of the State in the economy, in particular through implementation of the liberalisation pro...
Although national rules in form of quantitative restrictions and measures having equivalent effect hinder the internal market, interests of uniformly regulated market, nevertheless, cannot always automatically override interest pursuit by the national measures. The internal market is in fact just a remedy to achieve EU goals and while the internal...
The pressure to distinguish high quality from lower quality law journals is intensifying. To contribute to this debate, citation-based and peer-review-based ranking of law journals are paralleled in the paper, using qualitative and quantitative analysis. It is found that all law journals that are considered as journals of the highest quality by leg...
Law journals rankings - comparison between WoS (impact factor based) and Finnish JUFO (peer-review based). This data is analysed in the paper and summarized in tables 6 and 7.
Publication of the data enables verification of the conclusions in the paper as well as further research in the field.
An amendment to this paper has been published and can be accessed via a link at the top of the paper
Artificial intelligence is becoming seamlessly integrated into our everyday lives, augmenting our knowledge and capabilities in driving, avoiding traffic, finding friends, choosing the perfect movie, and even cooking a healthier meal. It also has a significant impact on many aspects of society and industry, ranging from scientific discovery, health...
This article outlines some of the ambiguities arising from the endeavours of EU legislators to tackle the problem of direct and indirect price discrimination based on nationality or residence of the customer – in this article referred to as geographical price discrimination (GPD) under EU free movement law. It is submitted that prohibiting direct a...
This article outlines some of the ambiguities arising from the endeavours of the EU Court to offer the national courts sufficiently clear interpretation of EU rules on free movement of services in respect of various national restrictions of online gambling that would enable them to make rulings in increasingly high numbers of cases in which foreign...
It is well established that manufacturing in developed economies is under massive pressure. The story of the deindustrialisation of developed economies started in the 1950s and today the value added by manufacturing as a share of GDP is below 15 percent in most OECD countries. Nevertheless, the financial crisis of 2008 and the following recession h...
Sodelovalno gospodarstvo in delitvena ekonomija: pojmi in potreba po evropskem pristopu
Collaborative and Sharing Economy: Concepts and a Need for a European Approach
»Zelo malo (če sploh katero) podjetij ni tehnoloških, če se osredotočimo na to, kako ustvarjajo in prodajajo svoje proizvode.«
Generalni pravobranilec Szpunar v Uber Spain
Prisp...
The objective of this article is to analyse, from a regulatory vantage point, the deliberations on whether (or to what extent) servitization of the European industry can contribute to ecological modernization, in which new technology and business models lead to reduced consumption of natural resources. The article examines how regulatory institutio...
The purpose of this paper is to demonstrate how EU law, in particular through the case law of the EU Court of Justice, solves cases of conflict between the single market of the EU, which constitutes a fundamental aim of the EU, and the efforts of the Member States to maintain different languages, which constitute an obstacle to the functioning of t...
The article explores the most disputed succession issue of the former SFR Yugoslavia – the liability of successor States for the outstanding “old” foreign-currency bank deposits. Following the collapse of the SFR Yugoslavia, numerous depositors lost access to their foreign currency bank deposits. Although the successor States reimbursed some catego...
This paper responds to a growing number of demands by governmental
and non-governmental organisations that call upon the EU institutions
to level the legal treatment of digital content and physical goods. On
this basis, consequences of treating digital content as analogous to
physical goods are considered in certain legal fields, where it has
recen...
Purpose: The paper attempts to outline to what extend does business integration of products/services' offerings reflect also in legal integration, i.e. whether the trend towards bundling of products and services in business practice is reflected at the regulatory level, thereby pointing out some of the EU law challenges arising from the servitizati...
http://booksandjournals.brillonline.com/content/journals/10.1163/18760104-01401004
This article deals with legal aspects of sustainable reporting in the EU. It explores the state of affairs in sustainability reporting regulation and points out recent increased support for integrated reporting by the EU institutions, which lead to the newly adopted...
EU law in the field of railway is developing with a cautious pursuit of balance between respecting national interests and establishing a single EU railway market. In this respect, the author notices that enforcement procedures against Member States before the EU Court of Justice for breach of the first railway package have contributed a great deal...
Nach dem Zerfall der Sozialistischen Föderativen Republik Jugoslawien (nachfolgend SFRJ oder Jugoslawien) und ihres Bankensystems verloren viele Anleger den Zugriff zu ihren in Fremdwährungen angelegten Vermögenswerten. Die Nachfolgestaaten der SFRJ haben nachträglich verschiedene Rückerstattungsmodelle eingeführt, die unterschiedliche Bedingungen...
Slovenian regions have gone through different phases of gaming regulation. The article thus discusses historical development of gambling regulation on the territory of the Republic of Slovenia, when it was a part of the Austro-Hungarian Empire through being a part of the socialist federation of Yugoslavia and finally as an independent state. Nevert...
On May 1st, 2014 Slovenia, together with nine other Member States, completed their first decade in the EU – which also entails a decade of adjustments to the principles of the internal market. Based on EU Court of Justice case law, Slovenia is not among the most serious of offenders of internal market rules for it was found to be in breach of these...
In June 2010 the Commission decided to refer thirteen Member States, who still-ment of a fully functioning single market for rail services in Europe. In eleven of the fourth railway package.-Court
By obtaining independence, Slovenia became a member of the international community and as a consequence of this domestic courts increasingly have to deal with issues concerning the application and interpretation of international law. Considering the increase in the amount of secondary international law and in the number of self-executing provisions...
This article deals with the impact of the EU's endeavours to achieve financial market integration and the free movement of capital on rules of the Member States that limit autonomy of public bodies when making investment decisions. These rules have direct importance for rules such as those applicable in Slovenia which require 1,500 public entities...
This article discusses cadastral surveying activities in the light of EU single market principles. Twenty years after its completion, it is still unclear to what extent these principles apply, including for the cadastral surveying activities. This article explains the fundamental legal principles of the EU single market and assesses the specific na...
The author argues that in a democratic legal system internal market may not be regulated without sufficient attention being paid to national autonomy and diversity. In this light the principle of subsidiarity requires a withdrawal from the ideal internal market goal and orientation towards more workable solutions, which take into account that at th...
Slovenian regions have gone through different phases of gaming regulation. The article thus discusses historical development of gambling regulation on the territory of the Republic of Slovenia, when it was a part of the Austro-Hungarian Empire through being a part of thr socialist federation of Yugoslavia and finally as an independent state. Nevert...
The paper explores the issue of national culture and tradition within the framework of the EU internal market. It presents a discussion on the legitimacy of European economic integration. The author takes as a starting point the motto 'Europe united in diversity' and discusses the meaning of diversity in the fi eld of the internal market. The paper...
The paper explores European patients' rights to cross-border healthcare. It discusses limited competences of the EU in the field of public health, which is predominantly reserved for the Member States and explains how the EU Court nevertheless managed to interpret economic freedoms of the EU internal market so as to guarantee rights for the Europea...
The article explores the legal status of consumer ethnocentrism in the EU and how the three simultaneous crises of the present time (economic, food and climate change) challenge the EU Court's judgment in Buy Irish , which presents the foundation for uprooting negative consumer stereotypes towards products from other Member States and protectionism...
After many years of political and judicial discussions on the scope of the EU common commercial policy the Lisbon Treaty, which applies since 1 December 2009, brings foreign direct investment under the common commercial policy. The article examines some of the legal dilemmas in the field of foreign direct investments at global, national and EU leve...
In addition to the option of submitting requests for reviewing constitutionality and legality to the Constitutional Court of the Republic of Slovenia, it has been possible for the Slovenian local communities to contest EC Acts before the EC Courts over the last five years. But the terms and conditions for that are much stricter than those required...
In addition to the option of submitting requests for reviewing constitutionality and legality to the Constitutional Court of the Republic of Slovenia, it has been possible for the Slovenian local communities to contest EC Acts before the EC Courts over the last five years. But the terms and conditions for that are much stricter than those required...
The article deals with theory of ordoliberalism, which is a less known theory of connecting law and economy into a single system of so-called economic constitution. It is a liberalistic theory of understanding market relations, nevertheless, it emphasises that freedom on the market is not to be achieved without legal intervention, considering that...
Keywords: European company (Societas Europea), employee involvement, before-and-after-principle, industrial negotiations
In the European law free movement of goods conflicts protection of intellectual property, which is most obvious in the field of pharmaceuticals. Free movement of goods enables parallel import of pharmaceuticals, which is detrimental to trade mark owners. The pharmaceuticals are so exposed because the Member States are free to determine the price of...
Questions
Questions (2)
Dear colleagues,
I am kindly asking if you can give me some brief information about the conditions for a doctoral candidate in the field of law to be promoted into a doctor of law - I am interested in the publications in scientific journals - are these the condition to be promoted after defence of the thesis? If so, how are these conditions formulated? Should doctoral candidates have publications in the Web of Science, Scopus or in peer-review journals regardless the indexation? Should they have publications in English or smaller native languages also count as relevant enough? I will appreciate your information.
Sincerely,
Janja Hojnik
In Slovenia metrics is used (impact factor of journals, citation etc.). However, when compared to science, law is not doing so well and is in inferior position. I will need concrete data for arguing that law and science cannot be measured in the same way. E.g. Harvard Law Review only publishes 1 or 2 articles per issues, that's around 10 articles per year. Physical Chemistry Chemical Physics, however, publish 80 articles a week, 48 issues a year. That's a substantive difference. One journal publishes the same number of articles as all SSCI journals in the field of law together per year. I think no legal scholar can publish 80 SSCI articles a year as this would amount to 2% of all SSCI publications in law that year, yet chemists do (of course in co-authorship with several other people and often with upper limit of 4000 characters per article - legal articles, however, are normally much longer - in US journals also minimum 20.000 words etc). So, I think putting different fields of research under the same criteria of relevancy is not suitable. But when it comes to distributing money, numbers (citations, IF...) are the most easy to use... unfortunately.
