The aim of present article is to approach the relatively new field of lethal autonomous robots and weapon systems (LARs or LAWS) from the perspective of international law with a focus on human rights compliance. Initially, the topic became the subject of public awareness and discussions in 2009 and soon acquired both interest and criticism. The development of such weapon systems rises at the same time legal, moral, practical and ethical questions. In the absence of specific sui generis legal provisions regarding them, the article shall try to evaluate to what extent such concepts find legal and moral justification by the existing provisions of humanitarian law. In any case, as LAWS provide for important benefits, they should be considered under serious legal safeguard due to their impact on human rights, out-of-combat units and civilian population. All such benefits must be guided by ethical principles and legal provisions, either those already applied or new ones that would better fit this specific field.
Keywords: LAWS, UN, Geneva Convention, humanitarian law.
We are witnessing an enormous development of artificial intelligence (AI) which boosts economic productivity, creates new job opportunities, and gives hope that human life will be more prosperous. On the other side, AI, as a new system, that is undiscovered and unpredictable, creates ethical and legal dilemmas and threats to human rights violations, in the context of the principle of equality, the rule of law, and democratic principles, if it is used in an inappropriate way. The subject of the paper is discrimination in the process of AI application in different fields of people’s everyday lives. The aim of this investigation is to analyze provisions in the recently adopted European Union (EU) AI Act and the Council of Europe Framework Convention which are expected to prevent discriminatory treatment through an AI life cycle, as well as of the position of the Serbian national authorities in that regard.
The authors will provide a critical and comparative analysis of these two instruments governing the AI application. Subsequent to that, the paper is focused on the position taken by the Serbian authorities in order to examine the level of its readiness to stay in line with the legal challenges the AI implementation brings, and illustrates a current example which is related to the implementation of the Social Card Law. The methodological framework includes doctrinal, comparative, and descriptive methods.
Keywords: artificial intelligence, anti-discrimination, European Union AI Act, Council of Europe Framework Convention, Serbia,
Keywords: artificial intelligence, anti-discrimination, European Union AI Act, Council of Europe Framework Convention, Serbia, Social Card Law.
The digitalization of public services has revolutionized the way governments interact with their citizens, offering efficiency, accessibility, and convenience. The legal principles of the administrative procedures endorsing active administrative support to public entities provide opportunity to such entities to promote the use of digital means for ensuring access to public services. In light of this, public entities have gone even further by digitizing the majority of governmental services. Certainly, there are numerous benefits, such as the improvement of efficiency in delivering public services with limited resources. This is certainly a plausible transformation of traditional governance into e-government. This could serve as a premise for further application of innovative solutions provided by artificial intelligence modules, that could “substitute” instead of “merely supporting” the human capital in public administration.
However, this transformation also brings forth a myriad of legal challenges that need to be addressed to ensure the effective and equitable delivery of services. This paper explores the key legal challenges faced in the digitalization of public services, including but not limited to data privacy and security concerns, digital inclusion and accessibility issues, regulatory compliance, jurisdictional complexities, the need for robust legal frameworks to govern emerging technologies, and internationalization of marginal economic cost. By examining these challenges, this paper aims to contribute to the ongoing discourse on how to navigate the legal landscape of digital public services to promote transparency, accountability, and trust between governments and citizens. Relevant legal principles shall be employed in order to elaborate on such legal challenges the e-revolution is bringing in the area of governance, with the ultimate question that remains open: Is this what citizens need?
Keywords: Digital Transformation, accountability, administrative law, public administration, cybersecurity risks.
In recent years, the European Union has been trying to adequately respond to constant technological progress and changes in the digital world by establishing a legislative and legal framework aimed at protecting users in the online environment. The Digital Services Act (DSA) and the Digital Markets Act (DMA) as a single set of rules are applied throughout the European Union with the aim of creating a safer digital space in which the fundamental rights of all users of digital services are protected. In addition to the protection of fundamental rights, the aim of these rules is to establish equal conditions for encouraging innovation, growth and competitiveness, both in the single European market and globally. The aim of the paper is to present the fundamental differences between the DMA and the DSA in the context of separate regulatory measures and obligations they impose on digital platforms. Summarily observing, the main goal of the research is the analysis of the legislative and legal framework of the European Union aimed at creating a safer and more open digital space. The results of the research will present the importance of EU regulations as part of the Digital Services Package in the context of the adoption of significant new rules aimed at strengthening the rights of users in the online environment and increasing transparency in the operation of internet platforms.
Keywords: European Union, legislative and legal framework, digital space, protection of rights.
In the European Union (EU), there are two distinct periods regarding the regulation of crypto assets, related services and crypto assets service providers. The distinction is based on the existence or lack of specific regulation of crypto assets. From a different perspective, a distinction can also be made between the regulatory environment before and after the implementation of the Markets in Crypto Assets regulation (MiCA/MiCAR). The former period can be characterized as the EU regulatory wild west of crypto assets, where the crypto sector was regulated, but only partially, by amending existing legislation. The second era of crypto-relevant EU regulation is the development of a specific regulatory framework striving for consistent legal cover of the whole crypto sector. In this paper, without aiming to be exhaustive, the MiCA’s specific regulatory framework applying to the crypto asset market is described. The aim of this paper is to provide a summary overview of the state or lack of provisions in the MiCA regarding non-fungible tokens.
Keywords: EU, MiCA, DLT, crypto, NFT.
This paper offers tools for regulatory authorities to effectively address the spread of fake news by tech giants. Evaluating current frameworks, which often focus on symptom treatment like content removal and fact-checking, the study finds these methods insufficient for tackling the root causes of misinformation. Proposing a harm-based regulatory regime inspired by social medicine, political science, and legal theory, the paper emphasizes a holistic approach. Integrating insights from political science and revisiting the concept of regimes as global regulation, it provides a structured framework for regulatory authorities. This approach includes understanding socio-economic incentives, leveraging advanced technologies like AI, and promoting digital literacy. The study highlights the importance of principles, norms, rules, and decision-making processes to create a coherent regulatory environment adaptable to various socio-political contexts where interdisciplinary collaboration among governments, digital platforms, civil society, and international organizations is crucial. The proposed regime aims to foster a trustworthy information ecosystem, enhance societal trust, and mitigate the impact of fake news. By recognizing the complexity of fake news, this paper provides mechanisms for raising awareness among all actors involved and structuring their actions within such a legal framework. The ultimate aim is to establish a resilient and reliable digital public sphere, offering regulatory authorities a comprehensive strategy to combat digital misinformation effectively.
Keywords: Tech Giants Regulatory Regime, digital literacy, fake news, harm-based approach, trustworthy information ecosystem.
The new Hungarian Civil Procedure Act entered into force on 1 January 2018 and, among other things, re-regulated the rules on the use of language in civil proceedings. In addition to the national law, EU and international law provisions apply to exercising the right to use language.
The study presents the rules of Hungarian civil procedural law concerning the use of language, i.e., the range of languages that can be used orally and in writing, and the rules on the bearing of costs related to the use of language. It details how these rules reflect Hungary’s international legal obligations under the European Charter for Regional or Minority Languages. It also explains which language use provisions must be considered when applying EU law. The Regulation on the service of documents gives the addressee the right to refuse to accept the document. The study explains the content of this right of refusal and the translation obligation of the party requesting service.
Interpretation and translation are closely related to language use. Technological developments have led to the widespread availability of translation and interpreting software. This paper will show to what extent their use in civil proceedings is appropriate in light of the above provisions.
Keywords: use of language, civil procedure, service of documents in EU, EU law.
Artificial intelligence (AI) is becoming part of the judiciary worldwide. The use of artificial intelligence is different from country to country. While AI has the potential to enhance efficiency, accuracy, and decision-making, it also raises significant ethical and legal concerns, particularly regarding the right to a fair trial. Compared to other judicial procedures, the criminal procedure has specifics and is the most vulnerable to the use of artificial intelligence due to power imbalance. Specifically, criminal procedure directly influences citizens’ fundamental rights, including deprivation of liberty. Therefore, challenges identified in the use of artificial intelligence such as bias and discrimination have increased impact in criminal procedures. Beyond criminal procedure, artificial intelligence is used by investigative authorities before the criminal trial or even to prevent criminal acts, however, the same challenges and risks exist as for the criminal procedure. The artificial intelligence tools are developed by humans and inequalities that exist in the real criminal justice system will be reproduced in the AI tools.
The European Union (EU) and Council of Europe (CoE) are making efforts to develop a legal framework for the use of artificial intelligence in the judiciary. The article focuses on acts adopted by EU institutions on AI use in judiciary: European Parliament Resolution 2020/2016 (INI) Artificial intelligence in criminal law and its use by the police and judicial authorities in criminal matters, Proposal for a Regulation of the European Parliament and of the Council laying down harmonized rules on artificial intelligence and amending certain Union legislative acts (COM/2021/206 final) and CoE European Ethical Charter on the use of Artificial Intelligence in the judicial system and their environment.
Keywords: artificial intelligence, technology, fundamental rights, bias, criminal procedure.
Although the crime of aggression is expressly defined by the Rome Statute of the International Criminal Court through seven criminalized types of activities, it seems that a special form of aggression has begun to appear as a new instrument of influence in international relations. Namely, several states have been exercising a particular tool of aggression: causing a swift influx of migrants or refugees into neighboring countries, in order for the latter to be politically or economically destabilized. Even if “indirect” aggression, such as spy-flights over foreign territory, is a well-known, though illegal, practice in international relations, aggression by the means of using migrants contains a special new component—unarmed human beings (and with foreign nationality) being forced to cross national borders, unwillingly taking risks of being inhumanely treated or physically endangered by the other side as well. Also named “refugee aggression,” this type of illicit activity of a state or its agents can cause severe political and security effects by a mere threat that it will be carried out.
Keywords: migration, aggression, hybrid warfare, international law.
REINFORCED REASONING ON A-TYPICAL EVIDENCE. AN ANALYSIS BASED ON THE ITALIAN EXPERIENCE
The atypical evidence (i.e. the evidence not regulated by law) is a kind of evidence that assumes relevance in the Italian system, when – but not only – the process concerns technological innovations or instruments (e.g. videotaping, tracking by GPS, secret agent equipped for sound, trojan virus, AI tools etc.). A way to manage this peculiar evidence into the judgement is reinforced reasoning. In every juridical situation where this method is feasible, the judge has to adopt a decision technique structured by necessary steps, made up of arguments concerning salient aspects of the case/evidence under his examination and which must be appreciated in order to decide legitimately. These logic-argumentative passages increase the epistemological quality and the transparency of the assessment: and, overall, the value of the pronouncement. In particular, in front of atypical evidence, the decision maker has to cross three different steps – elaborated by jurisprudence and doctrine – to achieve the right conclusion: and this is precisely what we’re going to analyse in the paper.
Keywords: evidence, reinforced reasoning, #judgement, #tehnologicalinnovations, #legitimacy
The paper examines the regulation of (preliminary) compulsory psychiatric treatment in three countries (Hungary, Serbia and Slovakia), applying a legal comparative approach. It compares, along five aspects, the applicable three pieces of criminal law legislation most relevant to the subject in Hungary, Serbia and Slovakia respectively.
The paper intends to draw attention to the shared and different paths taken by the three countries under analysis in their examined pieces of legislation with a view to achieving an effective regulation of (preliminary) compulsory psychiatric treatment.
The analysis also endeavours to shed light, from the given aspects of comparison, on the detailed rules contained in the regulations of the examined countries relating to (preliminary) compulsory psychiatric treatment and how these rules may contribute to the reduction of crime.
Keywords: compulsory psychiatric treatment, suppression of criminality, Hungary, Serbia, Slovakia.
The European Union’s Artificial Intelligence Act represents a pioneering endeavour to align the utilization of artificial intelligence (AI) with stringent ethical and safety norms, heralding a transformative phase for various professions. This paper delves into the Act’s deliberate attempt to strike a delicate equilibrium between encouraging technological innovation and imposing strict accountability measures, especially in contexts where AI is deemed high-risk. By analyzing the repercussions for critical sectors including healthcare, finance, and technology, we expose the paradoxical nature of compliance: it poses a formidable challenge necessitating comprehensive ethical guidelines, yet simultaneously acts as a stimulus for the development of groundbreaking ethical AI methodologies. Furthermore, we accentuate the worldwide influence of the EU’s regulatory framework, providing key strategic recommendations for adeptly manoeuvring through the dynamic AI regulatory environment. In essence, “AI Unleashed: Mastering the Maze of the EU AI Act” encapsulates the transformative potential of regulatory obstacles as avenues for fostering ethical innovation and propelling professional growth.
Keywords: artificial intelligence, EU AI Act, high risk AI, ethics, compliance.
We are witnessing that society and social relations are changing particularly rapidly in the last few decades. Evidently, it is a continuous trend that places numerous challenges before the law. One of those aspects is the development of artificial intelligence, which has a special impact on the matter of human rights, in its international public law and constitutional aspects. The authors in this paper pay special attention to three groups of questions. The first deals with the current normative situation in this area and potential problems in that sense. The second group of questions refers to possible problems that could arise in the future, which, to the extent possible, are perceived by the authors themselves. The third is the consideration of these issues, from the aspect of the situation in the Republic of Serbia and in Europe.
Keywords: human rights, artificial intelligence, international public law, constitutional law.
Developments in digital technologies over the past few decades have profoundly affected every area of law, from the practice of individual lawyers to court procedures. Today, systems can draft documents, conduct legal research, disclose documents in litigation, conduct due diligence, provide legal guidance, and even resolve litigation online. The traditionally conservative legal profession is now compelled to embrace these changes to stay relevant in the changing world. Discovery is a crucial part of court procedure in common law jurisdictions. It allows each party to obtain the information needed to prepare for trial, evaluate the strengths and weaknesses of their case, and develop strategies for success. As more information is stored electronically, the need for an electronic form of this litigation phase emerged. Since 2006, electronic discovery (eDiscovery) has been officially recognized. Electronic discovery, or eDiscovery, refers to the process of identifying, collecting, and producing electronically stored information (ESI) in response to a request for production in a lawsuit or investigation. ESI encompasses a wide range of digital data, including emails, online documents, spreadsheets, databases, digital images, presentations, audio and video files, social media posts, and websites. The primary purpose of eDiscovery is to support litigation, but the processes of identifying, preserving, collecting, and analyzing ESI are applicable to any organization facing legal or regulatory compliance requirements. Companies in EMEA and APAC regions, even without formal eDiscovery rules, use the technology in anticipation of litigation or regulatory action, to redact sensitive information, conduct internal investigations, perform fact-finding audits, and manage company data. In this article we are going to analyze the eDiscovery process in general, including its phases, advantages, and disadvantages. It will also examine the impact of Artificial Intelligence (AI) on eDiscovery. Given that both AI and eDiscovery are highly complex and rapidly evolving fields, the aim of this article is to provide a preliminary overview of AI’s use in eDiscovery and to explore potential future developments.
Keywords: Artificial intelligence (AI), eDiscovery, Legaltech, data privacy, digital technologies.
As of May 2024, 134 central banks representing 98% of the world’s GDP (Atlantic Council, 2024) were already exploring the possibility of introducing central bank digital currency. The study analyses the definition of central bank digital currency, the risks involved in its introduction, and the legislative environment for its introduction in the European Union. The study also reviews the possibility of introducing central bank digital currency in the case of Hungary, an EU Member State outside the European Monetary Union, with a particular focus on the monetary policy implications. The author concludes that membership of the European Monetary Union does not materially affect the decision to introduce central bank digital currency.
Keywords: CBDC, fiat money, DLT, monetary policy.
The research explores the complex territory of taxing the digital economy, examining the challenges and opportunities arising from the application of novel tax measures and advanced tools to digitalise tax administration. In the wake of the evolving technology landscape, traditional tax frameworks face unprecedented challenges in collecting revenue from digital transactions, necessitating a reassessment of tax policy and administration methods. Key challenges include the elusive nature of digital transactions, the difficulty in establishing a fair and effective tax system, and the pervasive problem of tax evasion in the digital economy. To address these challenges, the study examines innovative tax measures and advanced tools aimed at modernising tax administration and promoting economic transparency. In the pursuit of a more transparent tax landscape, the research emphasises the use of these new taxes and tools to incentivise compliance, discourage evasion and promote economic formalisation. In addition, the study examines the OECD’s Base Erosion and Profit Shifting (BEPS) 2.0 project, which is playing a key role in shaping the international response to the tax challenges posed by the digital economy. The research assesses the implications, recommendations and potential contributions of the BEPS 2.0 project to a coordinated global approach to addressing the tax issues associated with the digitalisation of economic activity.
Keywords: digital economy, technology, taxation, tax evasion, BEPS 2.0.
The use of distributed ledger technology could bring breakthroughs in many sectors beyond the popular cryptocurrencies, such as Bitcoin, which remain the most exciting new developments in blockchain technology. As the decade-long euphoria surrounding the explosion of cryptocurrencies subsides, the underlying technology may gain prominence and find applications in various fields in the near future. Governments have recognised that the benefits of blockchain can be harnessed in the public sector, provided there is a suitable regulatory environment and safeguards. The growing number of governments using the technology to modernise their public services is clear evidence of this recognition. Blockchain technology can improve transaction efficiency, reduce costs, democratise data systems and increase trust. The use of blockchain technology can potentially reduce corruption and increase resilience to cyber-attacks. However, there are still many challenges to overcome in integrating distributed ledgers and fully realizing the transformative power of blockchain. The purpose of this research is to provide a snapshot of the legal issues and improvements of blockchain technology, identify legal opportunities, and draw some useful conclusions for both theory and practice by highlighting some of the main characteristics of the regulative landscape worldwide.
Keywords: innovation, cryptocurrency, blockchain, regulation, challenges.
Throughout history, legal theory has undergone continuous development. With the growing complexity of modern society, regulatory requirements have been increasing while contractual relationships have grown more sophisticated. Technological progress usually precedes regulation. This is only natural, as law serves to regulate the relationships between legal subjects concerning legal objects. However, this also means that regulation always lags one step behind innovation. Particularly in rapidly developing areas of technology, regulation can become complex, inconsistent and insufficiently balanced. The scholarly systematization of legal norms has become an important mechanism to mitigate such issues. Even more, scholarly systematization of legal norms in new technologies has sparked entire new areas of law. (At least) five reasons to approach legal norms regulating innovation from the perspective of the scholarly systematization of law are: first, the identification of valid legal norms is easier; second, it helps with legal interpretation, especially systematic interpretation; third, it serves to identify and resolve antinomies between norms; fourth, it is the basis for the formation of legal disciplines; and fifth, it impacts the jurisdictions of organs. The aim of this paper is to analyse the impact of the scholarly systematization of legal norms in the fin-tech space, based on recent key innovations including crypto-assets and central bank digital currencies.
Keywords: legal norms, systematization, digital payments, virtual assets.
Technological innovations in labour law are allowing us to accelerate the pace of labour and to achieve more in a shorter time. Innovations led to the digitalization of all spheres of life, including our work, which then significantly increased the possibility of virtual and digital violence. Virtual violence has several well-known forms, such as digital abuse, cyberbullying, cyberstalking, online sexual harassment, cross-platform harassment, nonconsensual intimate image sharing (or revenge porn), sextortion, unsolicited pornography, unwanted sexualization, impersonation, hate online speech, hacking, doxing, trolling, digital voyeurism, Zoom bombing and other forms of digital abuses. Among those, cyberbullying is moving from online social networks to the world of labour relations. There, it takes several forms from the apparent one to the almost invisible form which is the digital exclusion of access to work-related information in digitalized work environments.
Cyberbullying through digital exclusion is very peculiar because it is difficult to establish facts and prove that a worker was intentionally digitally excluded from important work information. Secondly, it is difficult to prove the intention of the abuser. Thirdly, it is difficult to establish a link that would amount to cyberbullying.
Digital exclusion as one of the forms of harassment at work, can be used to isolate and ignore workers and deliberately exclude them from other employees and superiors. Victims of digital exclusion at work can also be managerial employees of individual organizational units within the institution, whose supervisor prevents them from implementing digitalization and business improvement through computerization and connecting common services within a single organizational unit.
The paper has two research questions: the first question is whether we can qualify digital exclusion as a form of cyberbullying in labour relations. The second research question is how labour law could regulate the prevention of cyberbullying and digital exclusion. The aim of the paper is to contribute to academic discussions on the timely regulation of novel issues in labour law.
Keywords: digital violence, digital exclusion, cyberbullying.
It can be said that, for more than a decade, algorithms seriously affected the work processes around the world. Despite this, in most countries, there are only pioneering attempts to analyze their impact on the quality of the enjoyment of workers’ rights and to prevent or sanction the possible abuses of algorithmic decision-making. The research follows some basic recorded bad practices, both during the hiring process and in the work process itself. The goal is to point out the fact that algorithms in themselves represent a significant technological achievement that makes labour relations more efficient and easier, but that precise normative limits of their usage have to be set. Algorithms are therefore neither good nor bad themselves, as good or bad are more of parameters by which their functioning has been defined. Guided by this idea, authors try to point out basic principles of prior and subsequent control of algorithmic decision-making, in order to preserve or improve the quality of the achieved rights of workers without, at the same time, diminishing the importance of automation of data processing in the work process. Available current literature on this topic, as well as normative sources and the most significant judicial practice, were used in the research.
Keywords: algorithms in labour law, algorithmic management, labour rights, employment discrimination, human-in-command approach.
Before the Act on Amendments to the Land Registration Act entered into force, parties could submit proposal for entry of a registrable right to the land register court in several ways. The proposal for entry could be submitted electronically, either by email or the e-Citizens digital platform, by submitting it directly to the court registry or sending it by postal service. After the Act entered into force, such a proposal can be submitted only in electronic form through the information system, that is, through the Joint Information System of the Land Registry and Cadastre. In this case, the parties’ communication with the court is conditioned by the submission of a proposal for entry to a notary public or a lawyer, who are mandatory users of electronic communication with the court. Before the Act entered into force, the parties could directly submit a proposal for entry to the court and request the registration of their right, which was the most common way of the proposal submission. The proposal used to be submitted in writing and its content was not significantly limited.
Keywords: land registry, proposal for entry, information system, electronic communication.