| Title: | Proceedings in the case of Benedik v. Slovenia : Bachelor thesis undergraduate study programme Criminal Juctice and Security, B.A. |
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| Authors: | ID Jovanovska, Ana (Author)
ID Flander, Benjamin (Mentor) More about this mentor...  |
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| Files: |  UN_Jovanovska_Ana_2024.pdf (918,30 KB)
MD5: 6C9C4CB86FC926E8EE797CB5E8D27C44
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| Language: | English |
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| Work type: | Bachelor thesis/paper |
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| Typology: | 2.11 - Undergraduate Thesis |
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| Organization: | FVV - Faculty of Criminal Justice and Security
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| Abstract: | The case of Benedik v. Slovenia is a perfect example of the complexity between the right to privacy and covert investigative measures carried out by law enforcement in the digital age. Thus, this thesis aims to precisely explain the legislation governing the right to privacy under both internal law and the European Convention on Human Rights, with a particular emphasis on covert investigative measures. By exploring and defining the legal frameworks that protect the privacy rights of individuals, we aim to clarify the balance between state surveillance powers and individuals' privacy rights. The study systematically shows the evolution and current state of the legal provisions regarding covert investigative measures in Slovenia. The main focus of this thesis is the legal proceedings in the case of Benedik v. Slovenia. It serves as a prism through which the complexities of privacy protection, specifically, electronic privacy are analyzed in the context of data disclosure and internet usage. The study examines the legal proceedings at all court instances, including Kranj District Court, Ljubljana Higher Court, Supreme Court, and Constitutional Court of the Republic of Slovenia leading to a complaint that the applicant, Benedik, filed at the Strasbourg Court. The later ruling of the European Court of Human Rights addressed the interaction between domestic laws and international human rights norms in detail. An in-depth understanding of how covert investigative measures are integrated with the right to privacy is provided through an analysis of the arguments made, the legal reasoning used by the courts, and the verdicts issued. This thesis's comprehensive explanation offers valuable insights into the balance between state surveillance needs and the protection of individuals' right to privacy, highlighting the complexities of these issues in the modern digital age. |
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| Keywords: | Benedik v. Slovenia, analysis of the judicial proceedings, human rights, right to privacy, covert investigative measures |
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| Place of publishing: | Ljubljana |
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| Place of performance: | Ljubljana |
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| Publisher: | A. Jovanovska |
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| Year of publishing: | 2024 |
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| Year of performance: | 2024 |
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| Number of pages: | V f., [48] str. |
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| PID: | 20.500.12556/DKUM-89854 |
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| UDC: | 343.132(043.2) |
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| COBISS.SI-ID: | 205582851 |
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| Publication date in DKUM: | 28.08.2024 |
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| Views: | 399 |
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| Downloads: | 151 |
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| Metadata: |    |
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| Categories: | FVV
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