Technological breakthroughs have often challenged traditional perceptions of legal institutions. It was the industrial revolution that led to the need for internationalization of patent law, with the first wave marked by the Paris Convention of 1883. Similarly, it can be reasonably expected that the involvement of artificial intelligence in the creative domain will most likely trigger the need for regulation of the patentability of works created by artificial intelligence. The traditional perspective on intellectual property law in general, and of patent law in particular, is currently challenged at a local level in various cases regarding whether artificial intelligence-generated outputs can qualify as inventions, who may be recognized as the inventor, and how disclosure and novelty standards should adapt to machine-driven creativity. This paper examines these issues through the lens of Albanian patent law, situating national provisions within the broader European and international context as well as selected jurisprudence of various states, such as the United States of America. It explores the readiness of the current legal framework to accommodate the challenges raised by artificial intelligence, as well as the potential for regulating this matter under the upcoming artificial intelligence governance legal framework. Ultimately, it argues for a constructive approach that balances legal certainty with technological progress. From a methodological point of view, while I focus my analysis on the Albanian legal framework, particularly on the patent law enacted recently, the discourse is highly relevant for other legal orders as well, inasmuch as the governance of artificial intelligence might be a relevant channel for addressing challenges of patent law.
Keywords: Albania, artificial intelligence, patents, persons.
States are rapidly digitalizing public administration, using digital public services to reduce the administrative burden on businesses and citizens by making public services and interactions more efficient, cheaper, transparent and faster. The digitalization of public administration and the increasing use of artificial intelligence (AI) are profoundly transforming the functioning of modern states and the relationship between public authorities and citizens. This increased transformation raises significant questions regarding the compatibility of algorithmic governance with the rule of law, fundamental rights, and core principles of administrative law.
This paper examines the legal implications of integrating digital technologies and AI-based systems into public administration, with a particular focus on fundamental principles of administrative law. As automated decision-making by public authorities in their dealings with individuals is increasing, traditional legal principles such as transparency, accountability, proportionality and privacy, face new challenges. The analysis considers relevant EU and CoE instruments and standards, with particular attention to the principles of legality, transparency, non-discrimination, accountability, personal data protection and the right to good administration in the context of AI-based systems in public administration and automated administrative decision-making.
Governments differ significantly in their readiness to implement AI in the delivery of public services, reflecting varying levels of digital transformation and preparedness for the use of AI systems. In this respect, countries in the Western Balkan region continue to demonstrate limited institutional capacity and uneven levels of digital maturity, despite ongoing efforts undertaken within the framework of the European integration process.
Keywords: administrative law, public administration, artificial intelligence, automated decision-making.
Artificial Intelligence constitutes a pivotal driver of digital transformation, permeating all spheres of life and labor. In this paper, the authors focus on the modalities and implications of AI implementation within the higher education (HE). AI technologies have the potential to personalize learning experiences, automate administrative tasks, reduce workloads, provide real time feedback, and enhance student engagement. Concurrently, they pose risks regarding plagiarism, bias, and the erosion of academic integrity. This paper seeks to examine the extent of AI regulation and application within Croatian higher education and, based on the research findings, formulate recommendations for further systemic integration.
The first part of the paper establishes a theoretical framework based on an analysis of AI implementation domains in HE. The second part presents the research findings concerning European states that have developed optimal policies and institutional practices for AI integration, based in the theoretical framework. The third part of the paper focuses on the scope of AI regulation within the Croatian context, encompassing both national and institutional levels. Furthermore, specific areas of AI utilization within HE are presented. The final part encompasses recommendations for the efficient implementation and responsible use of generative AI within Croatian universities, as well as other HE institutions where digital transformation remains in its nascent stages.
Keywords: artificial intelligence, Croatia, European practices, higher education, regulation and integration.
Rapid advances in artificial intelligence challenge the capacity of legal systems to regulate emerging technologies without undermining innovation. This paper examines two contrasting regulatory paradigms in public and private law: the compliance-oriented model of the European Union and the governance-driven approach of the United Arab Emirates. The EU framework is characterized by ex ante risk classification, horizontal regulation, and strong rights-based safeguards, aiming to mitigate systemic risks but often increasing regulatory friction, while the Emirati model relies on centralized coordination, regulatory sandboxes, and adaptive legal instruments that integrate artificial intelligence into state capacity and economic policy. The paper proceeds from the hypothesis that the design of regulation influences the pace of innovation, the level of legal certainty, and the extent to which artificial intelligence becomes a tool of public authority and private economic growth, arguing that AI regulation is no longer merely a question of legal restraint but of strategic governance. The research is conducted using a comparative method, a normative-dogmatic method, and a content analysis method.
Keywords: artificial intelligence regulation, public law, private law, EU, UAE.
The legitimacy of any legal act is linked to the duty to state reasons, a procedural justice concept that ensures that the exercise of power is never arbitrary. AI systems, highly integrated into state governance, may generate conclusions through statistical patterns that frequently elude human comprehension. The first objective of this research is to analyse the judgment in the case State v. Loomis, specifically focusing on the judicial reasoning in the context of the use of AI systems in the judicial decision-making process. The second objective of this study is to outline the relationship between procedural justice (fairness) and AI systems within the context of the said process. The study employs the doctrinal legal method, with a focus on the analysis of the judicial precedent State v. Loomis alongside the relevant legal literature. The study shows that the judgment in the case State v. Loomis is important for at least two reasons.
Firstly, it concerns the procedural rights of an individual. Secondly, what is of even greater importance is that it may be potentially perceived as aimed at achieving a specific normative goal. Indeed, if AI systems used in the judicial decision-making process are based on selective or biased data, substantive fairness is at risk. AI systems are goal-oriented, and so is substantive fairness. It is possible that significant institutional changes, or even the emergence of new professions, will be necessary to align the above-mentioned goals.
Keywords: procedural justice, AI, procedural fairness, substantive fairness, algorithmic arbitrariness, human rights.
Artificial Intelligence (AI) tools are increasingly available in international arbitration for purposes of document review, legal research, and award drafting, to mention but a few. However, their use in arbitration poses significant legal and ethical challenges, including risks of bias, lack of transparency, confidentiality breaches, and potential violations of due process.
Current responses to such challenges range between soft-law guidelines from arbitral institutions as well as hard-law rules such as the EU AI Act. The latter classifies AI in adjudicative contexts as “high-risk”, imposing obligations for transparency and risk management as well as sanctions. In this context, questions arise about the governance models to address any misuse of AI in commercial arbitration.
This article explores current global discussions about such regulatory interventions. It then focuses on Albanian jurisdiction by identifying lessons to be drawn therefrom. While recognizing the values of the self-regulation of AI in commercial arbitration, it is admitted that the hard-law model pursuant to the AI Act will likely prevail in Albania, given its path toward EU integration. In view of the ongoing global discourse about the two key models as well as some criticism associated with the EU AI Act’s application to commercial arbitration, the paper suggests that Albania should undertake a diligent evaluation of such developments and their interaction with domestic law, before moving forward with the harmonization of the EU legislation agenda. Moreover, a hybrid approach, whereby binding minimum safeguards are combined with flexible soft-law guidelines, may result as plausible for Albania to follow. This should satisfy the EU harmonization requirements and at the same time enhance commercial arbitration practices by preserving its essential values of flexibility and party autonomy.
Keywords: Albania, alternative dispute resolution, arbitration, arbitral proceedings, artificial intelligence.
This article examines how the EU’s emerging regulatory triangle, Regulation (EU) 2024/1689 (the AI Act), Regulation (EU) 2016/679 (the GDPR), and Regulation (EU) 2024/1183 (eIDAS 2.0/EUDI Wallet), reconstructs the legal identity of individuals in algorithmic environments. It argues that, taken together, these instruments implicitly generate a functional legal fiction of the digital person: the composite techno-legal representation through which the natural person’s rights, attributes, and vulnerabilities are mediated by credentials, data traces, profiles, and AI-assisted decisions. Drawing on Roman law’s stratified concepts of persona, status, and caput and on modern theories of legal fiction, the article shows why treating AI as an autonomous legal subject would displace responsibility and fragment remedies, while treating individuals only as data subjects is normatively too thin for high-stakes digital governance. The paper proposes a twofold move, namely the normative personification of the individual in digital contexts and the use of transparent liability vehicles for certain AI systems, such as a limited electronic legal person (PJE), without ontological personality.
Keywords: digital person, legal fiction, AI Act, GDPR, eIDAS 2.0.
Directors’ and officers’ liability insurance (D&O insurance) is a form of professional liability insurance and one of the key instruments for safeguarding corporate governance, as it mitigates the financial consequences that may arise for individuals from breaches of the duties of care, loyalty, or trust owed to the company. D&O insurance is not merely protective but structurally embedded in modern corporate governance as a risk-allocation mechanism balancing accountability and entrepreneurial freedom. D&O insurance is relatively new in the legal system of Bosnia and Herzegovina and is still rarely used in practice. However, its importance is growing in parallel with the development of capital markets, corporate transparency, and regulatory requirements. The paper analyses the legal nature and function of D&O insurance, complemented by a comparative overview of solutions in Germany and Austria, with the aim of identifying the opportunities and obstacles for its full implementation in Bosnia and Herzegovina. The paper argues for regulatory and contractual adjustments of D&O insurance to new forms of managerial risk and proposes guidelines for the development of an appropriate legal and institutional framework in Bosnia and Herzegovina. The objective is to highlight existing normative gaps and practical challenges in domestic law and to offer proposals for alignment with European standards in the fields of insurance and corporate governance.
Keywords: D&O insurance, directors’ and officers’ liability, corporate governance, German D&O insurance, Austrian D&O insurance.
Over the past number of decades, numerous European countries have implemented forced mass migration policies. Official statistics show that mass migration policies have led to a significant increase in violent crime perpetrated by migrants against local populations. Certain European countries went from being the “safest countries” in the world to having gun violence, homicides, and the highest rape statistics globally. The primary legal duty of the State is to safeguard its citizens against violations of their most basic human rights. Salus populi suprema lex esto — the safety of the people shall be the supreme law. The whole point of the State is the safety and security of its citizens. It is for the sake of safety against outsiders that a government is formed. The relationship between the State and its citizenry is one of reciprocal obligations. Citizens obey the laws of the State, and in turn, the State is obligated to shield citizens from violations of their fundamental human rights. The right to safety and security is vital and integral for the enjoyment of all other human rights. Articles 6 and 9 of the ICCPR expressly guarantee both the right to life and to safety and security. All other relevant International Human Rights Law imperatives and legal precedent stare decisis impose a positive legal duty on the State to prevent human rights violations. Migration Policies that violate the Social Contract and Fundamental Human Rights are unlawful, and European countries have both a duty and a right to resist such policies.
Keywords: human rights, safety and security, migration, social contract, due diligence standard.
The rule of the majority is a very important principle of any democratic system. Nevertheless, if not properly regulated, it can threaten minority rights and the existence of minority groups. This article attempts to explore the correlation between democratic decision-making vis-à-vis the protection of minority rights from what is seen as the “tyranny of the majority.” It analyses international and European multilateral legal documents, important judicial decisions, as well as several mechanisms of political, social, and legal representation designed to protect minority rights. Furthermore, it analyses the Albanian primary and secondary legislation and the respective challenges in their implementation, by spotting possible limitations in representation, political inclusiveness, and practical applicability. The article opts that a well-founded democratic system, alongside the majority rule, should also incorporate effective remedies regarding the protection and due representation of minorities.
Keywords: minority rights, Albania, majority rule, representation.
The objective of this paper is to analyse how different typologies of constitutional rights affect the resolution of conflicts between such rights in constitutional adjudication. It addresses the theoretical and practical complexity of rights conflicts by examining two influential models of classification: first, the model proposed by Luigi Ferrajoli, one of the most influential Italian legal philosophers, and second, the model developed by Juan Antonio García Amado, a well-known Spanish legal philosopher. The paper compares these typologies and examines their application to concrete judicial cases in order to assess how differing understandings of constitutional rights shape judicial reasoning and judicial outcomes. Through a comparative case analysis, the paper demonstrates that the classification of rights – particularly the classification of rights as, for example, “fundamental rights” or “social rights” – has significant implications for the methods and results of constitutional decision-making. The findings highlight the normative consequences of rights typologies and their role in structuring approaches to rights conflicts.
Keywords: constitutional rights, fundamental rights, normative conflicts, Luigi Ferrajoli, Juan Antonio García Amado.
The institution of the Protecting Power represents a cornerstone of contemporary international humanitarian law, serving to ensure the effective protection of individuals affected by armed conflicts. Its legal foundation is enshrined in the 1949 Geneva Conventions on the Protection of Victims of War, as well as in Additional Protocol I of 1977 to the 1949 Conventions. Widely recognized by the international community, the Protecting Power has become a central mechanism for monitoring the protection of human rights during times of war and armed conflict. It plays an important role in safeguarding the victims of war, facilitating independent and impartial oversight of the implementation of both treaty-based and customary rules of warfare. A notable innovation of the 1949 Geneva Conventions was the expansion of entities authorized to perform the function of a Protecting Power. Beyond neutral states, this role may also be entrusted to impartial humanitarian organizations, including the International Committee of the Red Cross. This extension has strengthened the protection of all categories of persons covered by the Conventions, enhancing supervisory capacity and reducing the discretionary powers of belligerent parties. The practical function of the Protecting Power contributes significantly to the humanization of armed conflict. By ensuring respect for the fundamental rights of the victims of war, it mitigates the suffering of those directly affected by hostilities and reinforces accountability among combatants. Furthermore, it exemplifies the international community’s enduring commitment to uphold human dignity even in situations of extreme adversity. In sum, the institution of the Protecting Power remains an indispensable component of the contemporary humanitarian and legal framework. Its role in monitoring compliance, limiting abuses, and protecting vulnerable populations underscores its continued relevance and effectiveness as a mechanism for safeguarding human rights during war.
Keywords: Protecting Power, human rights, international humanitarian law, 1949 Geneva Conventions, victims of war.
This paper compares the legal status of mentally disordered defendants as a socially vulnerable group in Hungary and Serbia.
The paper discusses the major elements of the Hungarian regulatory environment (in particular, Act XC of 2017 on the Code of Criminal Procedure and Act CLIV of 1997 on Healthcare), regarding defendants with a mental disorder as patients suffering from an illness, and provides a comparison with the relevant Serbian regulatory background, drawing attention to the similarities and differences in the two regulatory environments.
The purpose of writing this paper is to provide an opportunity for the comparison of the Hungarian and Serbian regulation, thereby laying the foundation for a potential amendment to the current legislation.
Keywords: legal status, defendant with a mental disorder, Hungary, Serbia.
This article examines the concept of militant democracy, a particular form of democratic order that actively defends itself against political actors and ideologies aiming to destroy democracy by using democratic institutions. The study focuses on the complex interrelationship between militant democracy and fundamental human rights and freedoms in the context of safeguarding the democratic order. Since militant democracy inherently involves the possibility of restricting certain rights to prevent antidemocratic actions, this article examines the normative justifiability of such limitations. The theoretical analysis traces the evolution of the concept of militant democracy through the works of key political and legal theorists, with special emphasis on Karl Loewenstein and Hans Kelsen. Alongside a conceptual approach, the authors analyse the application and acceptability of the instruments of militant democracy through the practice of competent judicial bodies. The findings reveal that there is no single position on the acceptability of militant democracy in legal theory whereas certain measures of militant democracy, especially the ban on political parties that advocate undemocratic goals, are recognized and accepted in legal practice as legitimate means for preserving democratic institutions.
Keywords: militant democracy, human rights, limitation of human rights, legal theory, legal practice.
In the 21st century, a global, often subtle and piecemeal retreat from the principle of universal suffrage has been taking place. This article examines the constitutional and legislative techniques through which (nominally) democratic states restrict or deprive certain citizens of the right to vote and/or stand for election. The main techniques include: expanding grounds for disenfranchisement (criminal convictions, especially corruption, terrorism, organized crime, and “moral” offenses); introducing competency-based voting or candidacy tests (knowledge of the constitution, language proficiency, “economic citizenship”); disqualifications linked to unpaid taxes or public debt; restrictions targeting dual citizens; group-based exclusions (e.g., residents of overseas territories, internal migrants, homeless persons); de facto disenfranchisement through increasingly burdensome water registration and identification procedures; new forms of political censorship and candidacy ban justified as “protection of democracy” (the so-called “militant democracy 2.0”). The author argues that, while the scale of these measures remains limited compared to the19th century property or gender-based suffrage restrictions, there is a clear return to the logic of “common-sense” limitation of democracy by political and judicial elites. This process is typically framed as “defending democracy against its enemies”, allowing regression to be legitimized and the language of progress and security justifies it. The article draws on a comparative analysis of legislative changes and case law in over 30 countries between 2000 and 2025, with particular attention to Europe, Latin America, the United States, India, and selected states of Africa and Southeast Asia. The selection of over 30 countries was made using a comparative case study methodology, prioritizing states that represent diverse legal traditions and varying degrees of democratic backsliding to illustrate the global reach of these restrictive techniques.
Keywords: universal suffrage, democracy backsliding, militant democracy, competence-based disenfranchisement, electoral disqualifications, de-democratization, exclusionary constitutionalism.
The regulation of digital platforms is undergoing a significant transformation. Traditional regulatory models relied primarily on intermediary liability rules and reactive enforcement mechanisms, focusing on the removal of unlawful content after notification. More recent legislative frameworks, however, increasingly adopt systems-based approaches that require platforms to identify and manage systemic risks generated within their communication environments. This article offers a comparative analysis of three influential regulatory models: the United States’ intermediary immunity regime, the European Union’s Digital Services Act, and Canada’s proposed Online Harms Act. While these frameworks differ significantly in structure and regulatory ambition, they collectively illustrate a broader shift in platform governance—from ex post liability toward proactive risk management and structured internal decision-making.
The article argues that this transformation reshapes the institutional role of digital platforms. Rather than functioning solely as intermediaries responding to unlawful content, platforms are increasingly required to interpret regulatory standards, assess systemic risks, and implement mitigation measures within their own governance systems. As a result, regulatory scrutiny increasingly focuses not only on individual moderation decisions but also on the adequacy of the internal structures through which platforms observe, assess, and mitigate risks. Understanding this emerging regulatory architecture is therefore essential for evaluating accountability and the protection of fundamental rights in the evolving governance of digital communication systems.
Keywords: platform governance, intermediary liability, Digital Services Act, algorithmic governance, risk-based regulation.
The digitalization of labour is fundamentally reshaping the employment, transitioning from traditional, human-centric performance management toward decentralized work governed by algorithmic supervision. This shift is characterized by the rise of precarious, data-driven arrangements—such as zero-hour and short-term contracts—that catalyse a significant re-regulation of labour relations. Drawing on OECD (2025) data, this paper analyses the rapid adoption of AI-driven monitoring and evaluation tools across global markets, noting significant impact on managerial autonomy versus worker protection.
While employers favour these technologies for efficiency and productivity gains, the automation of high-stakes decisions—such as performance appraisals and contract terminations—introduces profound psychological risks, including the “robotization” of labour and the erosion of worker dignity. The paper critically examines the exacerbation of historical power asymmetries and the contentious nature of “informed consent” in subordinate employment.
Centrally, the study evaluates the European Union’s legislative response, specifically the Platform Work Directive (EU) 2024/2831 and the AI Act (Regulation 2024/1689). These frameworks introduce critical safeguards, including the rebuttable presumption of employment, “human-in-the-loop” mandates, and the prohibition of invasive biometric and emotion-inference monitoring. By synthesizing these legal developments, the paper argues for human-centric regulatory approach to ensure that technological innovation does not dismantle the fundamental rights and social architecture of the world of work, while in the same promoting and supporting innovation and further digital development.
Keywords: artificial intelligence, automated decisions, GDPR, employment.
Contemporary crises, including natural disasters and technological incidents, require integrated approaches to managing risks to population safety. Vulnerable groups and social care institutions are particularly exposed, making preparedness and resilience essential for protecting human life and ensuring continuity of services. This paper examines European Union approaches to crisis management through the LifeGRID project as a case study. It analyses how digital tools, early warning systems, and coordinated governance mechanisms support situational awareness, risk assessment, and emergency response, particularly in nursing homes and social welfare institutions. The paper also considers the legal and governance framework shaping the use of such tools, including data protection, fundamental rights, and accountability requirements. In addition, it highlights broader challenges related to digital exclusion, cybersecurity vulnerabilities, and fragmentation across Member States. The findings suggest that while digital tools enhance crisis response and coordination, their effectiveness depends on their integration within coherent legal frameworks, inclusive design, and robust institutional cooperation.
Keywords: EU law, security risks, crisis management, digital tools, civil protection, community resilience, vulnerable populations, early warning systems, LifeGRID project.
The use of videoconferencing in criminal proceedings has become increasingly common, particularly in cases involving cross-border elements. What was once considered an exceptional procedural tool is now more frequently used to facilitate cooperation between judicial authorities, reduce delays, and address practical difficulties related to distance, costs, and time constraints. This paper examines videoconference hearings in criminal proceedings within the European legal framework, focusing on the Third Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (2000 EU MLA Convention), the Directive on the European Investigation Order, and Regulation (EU) 2023/2844 on the Digitalisation of Judicial Cooperation.
The paper provides an overview of the legal bases and main objectives of these instruments with regard to the use of videoconferencing for hearings, questioning of suspects, witnesses, and experts, as well as other procedural acts. It explores how videoconferencing is positioned as a tool for improving the efficiency of criminal proceedings while supporting judicial cooperation between states.
At the same time, the paper addresses the importance of ensuring that the use of videoconference hearings does not undermine fundamental procedural guarantees, including the rights of the defence and the right to a fair trial.
Keywords: videoconference hearings, criminal proceedings, European Union, judicial cooperation in criminal matters, digitalisation of justice.
To date, four jurisdictions have introduced a Central Bank Digital Currency (CBDC). It is essential for countries considering or implementing the introduction of Central Bank Digital Currency (CBDC) to give due consideration to the advantages and disadvantages of previous introductions. The author examines the introduction and the experiences of the first few years of the Central Bank Digital Currency (CBDC) in circulation in the Bahamas, Nigeria, Jamaica, and the Eastern Caribbean Currency Union (ECCU). In the event of a larger-scale introduction, such as that of the digital euro, it is imperative that the mistakes made by these four jurisdictions are avoided. Furthermore, the author recommends that the best practices be given due consideration, provided that they are applicable in other legal frameworks.
Keywords: retail CBDC, Sand Dollar, eNaira, DCash, JAM-DEX.
The proliferation of new digital products on the internal market has evoked the need for a change in product liability rules, with focus on the perils connected with cybersecurity defects of digital products. These vulnerabilities present a significant risk of financial loss, including the potential for digital products to cause damage. The European Union has responded to those risks with a legal overhaul to hold manufacturers accountable for digital product security, centred on two key regulations. The first one is Directive (EU) 2024/2853 on liability for defective products which explicitly expands the definition of the “product” to include software and other digital products, establishing that a product is defective if it fails to meet the required safety level, with cybersecurity requirements becoming an explicit criterion for assessing defectiveness and manufacturer liability. Regulation (EU) 2024/2847 on horizontal cybersecurity requirements for products with digital elements, as a complementary act, sets mandatory cybersecurity standards for all digital products across the European Union. A digital product’s compliance with Regulation (EU) 2024/2847 will be essential when assessing its safety and whether it is defective under the new Product Liability Directive. The aim of this paper, therefore, is to analyse how the new legal framework impacts the manufacturer’s liability for cybersecurity defects in a digital product. The central thesis of this paper is that the manufacturer’s legal position under the new regulation framework has evolved into a state of continuous liability for a defective digital product.
Keywords: cybersecurity defects, digital products, defective products, manufacturer liability, EU cybersecurity regulation.
Climate litigation is increasingly framed not only as an environmental issue, but as a struggle over human rights in a changing global political climate. At the same time, business and human rights frameworks in Europe—especially mandatory due diligence and sustainability reporting—are expanding and are often presented as tools to strengthen corporate accountability. This paper argues that, despite the expansion of legal and regulatory mechanisms, corporate actors continue to rely on ESG narratives as a form of corporate legitimization, while affected communities face structural barriers to accessing justice. Drawing on developments in Europe and the Global South, the paper highlights a persistent gap between corporate contribution to climate harm and legal accountability. It concludes that without stronger attention to power asymmetries and access to justice, climate litigation and Business and Human Rights (BHR) regulation may reinforce existing inequalities rather than deliver climate justice.
Keywords: climate litigation, business and human rights, ESG; greenwashing, access to justice.
The legal framework in Serbia is still not fully adapted to the specific characteristics of work performed outside traditional office environments, which creates challenges in several areas that have long been widely recognized, both in academic discourse and within the business community, such as the regulation of working hours and rest periods, the protection of privacy, and occupational health and safety.
The ethical dimension of remote and home-based work presupposes a relationship of trust between employers and employees, as well as clear yet flexible policies that safeguard the rights and legitimate interests of both parties. By introducing adequate regulation and by actively responding to and understanding emerging trends, Serbia has the potential to successfully integrate this model of work and enhance the well-being of its working-age population, which continues to represent the primary driving force of any contemporary economy up to date.
This paper offers both a theoretical and practical examination of the existing legal framework governing digital work performed outside the employer’s premises, viewed from the perspectives of employers and employees alike, as well as the ethical considerations—that is, the implications for the well-being and prosperity of all stakeholders involved in this form of work.
Keywords: remote work, home-based work, working hours, work breaks, privacy.
CIVIL SOCIETY’S ROLE IN ALBANIA’S POLICYMAKING PROCESS AND EU ENLARGEMENT
Civil Society is considered to be one of the key actors that ensure participatory democracy and promote the values and needs of the categories they advocate for. Civil society advocacy aspires to focus on resilient and solution-based policies by promoting value-based decision-making. Their influence on government and legislative decision-making is considered by the EU to be a crucial factor in achieving human rights and rule of law standards by improving participatory democratic governance. The participation of civil society in the decision-making process of a country in the enlargement process is considered a great accelerator which contributes to deepening the citizens’ understanding of the reforms needed to meet the requirements of EU membership.
This research analyses the participation of CSOs in the policy-making process in promoting sustainable development, enhancing democratic governance, and upholding human rights in strengthening institutions and enhancing good governance in Albania. This paper considers the timely and transparent follow-up of the enlargement process through country progress reports and important reputable national and international reports. The article analyses the contribution of CSOs to national policymaking processes over the last five years, in line with Albania’s obligations under the EU accession process and the role of CSOs in safeguarding EU standards as essential actors in enlargement.
Keywords: CSOs, participatory democracy, Albania, EU enlargement, open governance.
Aiming to adopt the OECD Guidelines on Corporate Governance of State-Owned Enterprises, the Republic of Croatia enacted the Act on Legal Entities Owned by the Republic of Croatia in 2025. This legislative reform introduces modern international corporate governance standards system for legal entities owned by the Republic of Croatia into the Croatian legal, with the goal of establishing a foundation for effective, independent, and accountable operations. Additionally, it lays the groundwork for preventing conflicts of interest and corruption. However, an analysis of the relevant regulatory framework reveals potential difficulties in the procedures for the selection and appointment of members of supervisory boards and management boards of legal entities owned by the Republic of Croatia, where the lack of clear and transparent criteria for their selection and appointment is a particular concern. The purpose of this paper is to examine the regulatory and institutional aspects of the mechanisms for the selection and appointment of members of supervisory boards and management boards in legal entities owned by the Republic of Croatia, as well as to investigate the oversight mechanisms governing these procedures. The authors will explore the corporate governance standards relating to the expertise, experience, and independence of members of management bodies in state-owned companies. Furthermore, the study will assess the extent to which the implemented reform ensures the practical realisation of these standards and will highlight the identified shortcomings in the existing regulatory framework. The research employs qualitative and empirical scientific methods commonly used in the field of law. In conclusion, with the aim of contributing to existing scientific knowledge and encouraging further professional debate, the paper presents proposals for possible solutions to the identified regulatory deficiencies, as well as recommendations for addressing legal gaps in the area of selection and appointment of members of supervisory boards and management boards in legal entities owned by the Republic of Croatia.
Keywords: commercial company, expertise, transparency, supervisory board, management board.
Concluding observations of human rights treaty bodies are often treated as supervisory outputs, yet they function as authoritative interpretive instruments capable of generating normative content. This paper examines selected concluding observations of the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) and argues that, when analysed through a normative-doctrinal methodology, they operate as instruments of normative production within African human rights law. It advances the central claim that concluding observations generate solidarity as a legal doctrine that structures the promotion and protection of children’s rights in contexts of structural inequality, governance failure, and social transformation. Drawing on eleven concluding observations, the paper identifies recurring patterns relating to state responsibility, institutional coordination, non-discrimination, socio-economic rights, and the protection of children in situations of vulnerability, and demonstrates how these patterns crystallise into expectations of conduct through iterative interpretive practice. Situating these developments within a global context in which human rights norms are increasingly contested, the paper shows that concluding observations provide a framework for governance grounded in legally constructed solidarity, thereby contributing to the evolution of child-centred rights within the African human rights system.
Keywords: African Committee of Experts on the Rights and Welfare of the Child, non-discrimination, socio-economic rights, protection of children in situations of vulnerability.
Resilience is commonly defined within scientific literature as the capacity to adapt successfully to stressors while preserving psychological and social continuity in the face of adversity. Yet before resilience can emerge, there must first be a situation of vulnerability and an “act of courage”: a deliberate decision to confront danger, uncertainty, or loss rather than withdraw. This paper argues that such “acts of ‘courage’” acquire juridical relevance within the framework of the European Convention on Human Rights, particularly under Article 2, Article 8, and Article 1 of Protocol No. 1. Adopting a qualitative methodology, the study examines how natural catastrophic events activate the intrinsic bond between individuals and their environment, placing them before the choice to remain, rebuild, or abandon their homeland. Through an analysis of the jurisprudence of the European Court of Human Rights, the article contends that, although neither the Convention nor the Court explicitly refers to “courage” as an autonomous legal category, “act of courage” are implicitly protected insofar as they express free will and human dignity. By safeguarding life, private and family life, home, and property, the Court secures the material and relational conditions that allow individuals to determine their place of belonging and affirm their identity within a community. Ultimately, the paper demonstrates that courage constitutes the subjective manifestation of dignity, while resilience emerges as the collective outcome of such acts. The protection of fundamental rights in disaster contexts thus preserves not heroism, but the dignified capacity to remain and persist within one’s social fabric.
Keywords: resilience, European Court of Human Rights, disaster Law, property law, courage.