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Constitutional Aspects of Prohibition
of competition in Slovenian labour Law
Luka Tičar, Ph. D.,
Associate Professor, Faculty of Law, University of Ljubljana
Právny obzor, 107, 2024,
special issue, pp. 67–79.
Published online: 20.1.2025
https://doi.org/10.31577/pravnyobzor.specialissue.2024.05
Abstract. The objective
of this article is to emphasize the complexity of constitutional dimensions of
the notion of prohibition of competition, primarily within the Slovenian labour
legislation framework. The prohibition of competition encompasses significant
restrictions, particularly affecting workers1, in terms of freedom to choose
employment, engage in independent entrepreneurial activities, and even utilise
their free time and rest periods. The author first presents and analyses the
legislative provisions in place before Slovenia’s independence, which were
annulled as unconstitutional, and then outlines the key elements of the current
labour legislation governing both dimensions of the competition
prohibitionstatutory and contractual. Throughout, the author highlights
solutions that the legislature implemented following guidance from the
Constitutional Court, which played a pivotal role in shaping the now-applicable
legal framework on the prohibition of competition.
Keywords: Prohibition of
Competition, Competition Clause, Freedom of Work, Freedom of Economic Initiative,
Constitiutional Court
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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OPEN ACCESS