The article examines the relationship between state sovereignty and technological sovereignty in the context of digital transformation and geopolitical competition. The author analyses the evolution of the concept of sovereignty, which is expanding to include a technological component that has become a key factor in national security and economic resilience. Special attention is paid to the legal aspects of technological sovereignty, including mechanisms to counter external pressure, import substitution of critical technologies, and the formation of a national innovation ecosystem. Using the Russian Federation as a case study, the article explores strategic and regulatory measures aimed at ensuring technological sovereignty, such as the adoption of the Federal Law “On Technological Policy in the Russian Federation,” the development of lists of critical and cross-cutting technologies, and implementing national projects in digitization and scientific-technological development. Some argue that, in modern conditions, technological sovereignty is transforming from an economic category into a systemic element of state sovereignty, requiring comprehensive legal regulation. The article proposes conceptual approaches to strengthening technological sovereignty through resilience to external threats, ensuring economic competitiveness, and safeguarding national independence. The research findings have both theoretical and practical significance for shaping technological development strategies in the new geopolitical reality
Keywords: state sovereignty, technological sovereignty, digital transformation, national security, critical technologies, legal regulation, import substitution, geopolitical competition.
As Artificial Intelligence (AI) has increasingly become part of everyday life with the purpose of the process of automation and efficiency enhancement, transparency in the enactment of the regulatory framework governing AI remains one of the most significant challenges. The government aims to ensure transparency and accountability in the era of rapid technological advancements, regulating the usage of AI emerges as a critical phenomenon in facing the government with the unknown. This article elaborates on the legal and ethical implications of ensuring transparency while drafting and implementing the AI-regulated framework. It analyses that the responsible institutions have undertaken the measures to introduce the related legal acts that regulate AI into the border actors, such as the interested stakeholders, experts, and the public, in making the drafting and implementation process on the usage of AI by the public administration more inclusive. The development and applications of AI in Albania are still at an early stage, with several critical factors being an obstacle to its adoption on a larger scale. As the usage of AI in Albania is one headline of the government’s aim to use it in the approximation process of the legislation, the Albanian framework on the usage of AI remains vague in the context of its applicability and leaves room for interpretation for further regulations. This article focuses on the challenges that Albania faces in implementing AI systems. It explores the global examples and compares the initiatives taken by the Albanian government in introducing the usage of AI with the EU acquis. The article focuses on the mechanisms, such as public consultations and the regulatory impact assessments (RIAs), to increase transparency and mitigate any risks associated with the unclear regulatory framework in this regard. .
Keywords: AI, AI acts, transparency, RIA, consultation, accountability, Albania, EU integration.
A significant shift in contemporary business practices is represented by incorporating artificial intelligence (AI) into corporate governance. Stakeholder involvement, compliance, risk management, and decision-making are just a few of the areas where AI is relevant. By employing data-driven insights and predictive analytic, artificial intelligence enhances transparency, operational effectiveness, and strategic foresight while mitigating human biases. Among other possibilities and challenges, this approach acknowledges ethical concerns, data privacy, and responsibility. As businesses adapt to this shifting environment, artificial intelligence (AI) becomes a crucial tool in transforming governance systems to meet the demands of the present and the future.
Keywords: Artificial Intelligence, corporate governance, inclusion, transparency, data.
In September 2024, the United Nations published a report titled “Governing AI for Humanity,” which addressed the international governance of artificial intelligence. In March 2024, the European Union adopted the Artificial Intelligence Act, which establishes uniform legal rules governing the use of artificial intelligence systems. Governments and companies throughout the world are continuously adopting strategies, laws, and guidelines, resulting in a disparate array of global approaches to AI. Amid this global regulatory diversity, the role of AI in company law raises pressing questions about its governance within corporate structures. This article will give an overview of international and EU standards regarding liability issues that arise through the use of artificial intelligence in company law with the aim of identifying potential opportunities and challenges that could be anticipated in Bosnia and Herzegovina. Are robot-directors and AI board members the future of modern companies? If so, how should their liability be treated? This paper analyses several possibilities for AI liability adding to the discussion of a two-fold problem that will emerge in company law: who is liable if AI is used as a tool to help management and board members in decision making, and second, can AI participate in decision-making without human intervention. This paper argues that AI liability should be approached through an extension of traditional addressees of liability’ under the existing doctrines such as duty of care for directors’ liability, and the piercing of the veil doctrine for shareholder liability. It establishes suggestions regarding which situations the veil of the corporate entity should be lifted and when shareholders’ liability should be extended. It suggests that the focus on AI should be on whether the human actors in the company acted reasonably and with the duty of care in using the technology.
Keywords: EU AI Act, robo-directors, legal personality of AI, AI Liability Directive, Product Liability Directive.
The regulation of blockchain technology highlights a critical tension between centralised systems, such as Central Bank Digital Currencies (CBDCs), and decentralised cryptocurrencies like Bitcoin. This paper explores the ongoing “David versus Goliath” struggle, where decentralised actors—citizens, small enterprises, and sovereign states—advocate for regulatory frameworks that protect national sovereignty and local autonomy, while centralised authorities, such as the European Union, push for harmonised legal structures that prioritise centralisation. By analysing the evolving legal landscape, this study examines how regulation impacts innovation, financial sovereignty, and the preservation of national authority, offering insights into the future of blockchain governance in public and private law.
Keywords: blockchain regulation, Central Bank Digital Currencies (CBDCs), decentralisation, national sovereignty, technology.
The Digital Dollar project was launched in the United States in 2020. The study on introducing digital central bank digital currency was primarily motivated by the need to maintain dollar hegemony and increase the speed of remittances. The stablecoin will solve both problems, and data protection and cybersecurity will be the responsibility of the provider rather than the central bank, but it will not allow unwanted access by the state to customer data. Cryptoassets have emerged as a central theme of the 2024 election, in which the U.S. administration aims to make the country a centre of digital development. The two processes have converged on the point that both stablecoins and the digital dollar can ensure the U.S. dollar maintains its role as the leading means of payment. The analysis examines the characteristics of the digital dollar from the perspective of the U.S. financial system, the possible regulation of stablecoins, and the implications of the emergence of stablecoins for the subsequent introduction of the digital dollar
Keywords: CBDC, digital dollar, stablecoin, payment stablecoin.
Central Bank Digital Currencies (CBDCs) hold the potential to renew the centralised financial system while introducing additional risks. Central banks, holding a monopoly on definitive money issuance, can use CBDCs to drive financial reforms and maintain monetary policy efficiency amidst economic innovation. Key factors driving CBDCs include the rise of crypto-assets, the social impacts of COVID-19, and the decline in cash usage. Cryptocurrencies challenge central banks’ roles by enabling quasi-instant cross-border payments, prompting a response in the form of CBDCs. CBDCs lack a universally accepted definition, with various interpretations by institutions, and they can be classified based on form, issuer, settlement technology, and accessibility. Over 100 countries are involved in CBDC projects, from research to active implementation. Despite their potential, CBDCs differ significantly from both fiat money and cryptocurrencies in issuance, backing, denomination, and functionality. This research aims to provide information about the new level in the history of money, the potential to fulfil traditional monetary functions, and the definition of CBDCs. snapshot of the legal issues and advancements in CBDC adoption, highlighting key regulatory characteristics worldwide and drawing useful conclusions for both theory and practice.
Keywords: money, blockchain, CBCD, legal tender, regulation.
New business models, born and further sophisticated through digital technology, have significantly affected and redefined the digital economy, leading to the phenomenon known as platformization. In December 2022, the EU introduced the “VAT in the Digital Age” (ViDA) initiative, highlighting platform economies as a crucial area for VAT system modernisation. The impact of platform economies on indirect taxation cannot be ignored, especially in Southeast Europe. This paper examines the transformative role of platformization—where new business models are developed through digital technology—on VAT compliance with the aim to explore the concept and role of the platform economy in relation to VAT taxation, highlighting the challenges it poses to the existing tax framework and examining emerging trends in VAT treatment of the platform economy within the EU and its impact for Southeast Europe, particularly on countries with EU candidate status. Key recommendations include simplified compliance regimes, regional cooperation, and adapting tax frameworks to the digital economy. These strategies aim to optimise VAT compliance and support economic growth in Southeast Europe’s evolving platform economy.
Keywords: platform economy, VAT compliance, VAT treatment of platform economy.
The rapid expansion of the digital economy has fundamentally altered global business landscapes, compelling governments to reconsider traditional taxation frameworks. The Digital Services Tax (DST) has emerged as a pivotal policy tool designed to address the unique tax challenges posed by digitalization. DST specifically targets revenues generated by digital services, such as online advertising, social media platforms, and digital marketplaces, which often evade traditional tax regimes because of their intangible nature and cross-border operations. By focusing on large multinational corporations that derive substantial profits from user data and digital interactions, DST aims to ensure these companies contribute their fair share of taxes in the jurisdictions where they operate. However, implementing DST is fraught with challenges. Critics argue it may lead to double taxation, trade tensions, and compliance complexities. The unilateral adoption of DST by individual countries has raised concerns about fragmentation and the potential for retaliatory measures, particularly from nations hosting major digital firms. To address these issues, there is a growing call for a coordinated international approach, such as the OECD’s efforts to develop a global framework for taxing the digital economy. Despite these challenges, DST offers significant opportunities for governments to modernize their tax systems and secure revenue streams in an increasingly digitalized world. By fostering international cooperation and aligning tax policies with the realities of the digital economy, DST can play a crucial role in promoting tax fairness and sustainability. In conclusion, DST represents a critical step towards addressing the tax challenges of the digital era, and while its implementation poses notable hurdles, a balanced and coordinated approach can harness its potential to ensure a fair and effective taxation system for the digital economy, which this research will examine.
Keywords: economy, technology, digitalization, taxation, compliance.
The Member States of the European Union are continuously striving for an ever-wider digitalization of judicial cooperation in accordance with the principle of “digital by default”. From 1 May 2025 onwards, e-communication will become a priority and in many EU proceedings to facilitate oral hearings in proceedings in civil, commercial and criminal matters with cross-border implications the optional use of videoconferencing or other distance communication technology will be available.
With regard to EU proceedings, it is the responsibility of the Member States (MS) to fill in procedural issues not covered by EU law with national law, provided that this does not undermine the principles of equivalence and effectiveness of EU law. EU MSs are bound by the Charter of Fundamental Rights of the EU and all EU MSs are party to the European Convention on Human Rights.
In light of the above, MS should adapt their national procedural law to the new EU digital procedural possibilities, while considering the fundamental rights jurisprudence of both the Luxembourg and Strasbourg Courts. The national legislator can respond either by creating specific procedural rules or by adapting the general rules of national law. The need for more extensive use of digital solutions is also apparent in national procedures. In this framework, a case study focusing on Hungary will be presented. Therefore, the modification of the general rules is the way to go, which can also contribute to even greater harmonisation of national procedural laws in the MSs, indirectly.
Keywords: digitalization of civil procedure, e-justice, EU law, judicial cooperation, videoconferencing.
It can not be denied that digitalisation and artificial intelligence are transforming the traditional workplace and task performance. We live in a digital era, and managing technical achievements with decent work is challenging for all modern societies. This transformation of employment brought us some advantages while performing work tasks. Some authors argue that this transformation of work contributes to more efficient workers, because they feel free to work from home, or any other place they decide to be. On the other hand, there are low chances for workers to disconnect and maintain their personal lives. It is challenging to maintain a balance between personal and professional life because of the lack of legal instruments that protect the private life of an employee. Some authors stressed that this kind of work reveals the need for employers to use the potential of technology to create structured work rather than chaos, which can be achieved with HR management. The real problem that employers must face is the complexity of managing a cloud-enabled workforce, as well as creating consistent communication among team members across different time zones. This paper will discuss whether cloud-based collaboration is the future of work performance and the advantages and disadvantages of this instrument.
Keywords: digital work, cloud computing, mental health, remote work, digitalisation.
The paper approaches the problems of disequilibrated contractual terms and platforms’ obligations under the Digital Markets Act, seen through the lens of the provisions concerning the platform’s legal statute. Particularly, the analysis concerns the specific set of obligations imposed on online networking services and online advertising services, activating particularly in platform-to-business contracts. First, the significant imbalances and contractual asymmetries that the disequilibrated terms generate can encompass economic imbalances which consist of significant disproportions and ostensible asymmetries between the contracting parties, assessed in correlation to the agreement procedures and subsequently, during performing the contractual obligations. Second, we argue that the imbalance in the allocation of contractual risks in digital services contracts may emerge from clauses which affect the parties’ right to resort to extrajudicial remedies to induce the digital services provider to perform correlative obligations. Third, when referring to the taxonomies applicable to economically imbalanced clauses, the paper discusses the reverberations of imbalances, generated by clauses allowing the service supplier to unilaterally select contractual terms without recognising the prerogative of unilaterally cease the contractual relations. Forth, the paper approaches the indirect economic imbalances caused by informational asymmetries manifested at the precontractual stage.
Keywords: disequilibrated terms, digital platforms, Digital Markets Act, digital services, platform-to-business contracts.
As new technology continues to expand, states across the world are grappling with the need to regulate different aspects of the technological realm. Recently, there has been a proliferation of new technology regulations restricting freedom of speech. There is an undeniable distinction between the rule of law and the rule by law. Directing government power through statutory law requires adherence to specific formal characteristics of lawful regulations. The rule of law, however, is not satisfied by technical and formal requirements only. While demanding these requirements, an exercise of legitimate government power furthermore requires that the law be substantively just. This means the law must be rational, align with the natural law, possess the morality of law, and inherently respect fundamental human rights. In terms of the doctrine of natural law, it is the principal duty of the State to protect and improve the fundamental human rights of its citizens. The government acts contrary to its natural purpose, the function for which it exists, if it enacts irrational, unjust laws that violate fundamental human rights. A government’s contempt for basic human rights is a convincing indicator of the lack of the rule of law in that nation.
Keywords: new technology regulations, freedom of expression, rule of law, natural law, morality of law.
The paper explores the digitalisation of public administration as a multidimensional reform process aimed at enhancing legality, transparency, efficiency, and accountability in the public sector. It emphasises that successful digital governance requires not only an adequate legal and strategic framework and properly designed public policies by the state authorities, but also the integration of artificial intelligence and the active participation of civil servants and citizens alike. Artificial intelligence is examined as a transformative tool capable of improving decision-making, regulatory enforcement, and service delivery, while also raising critical ethical and legal concerns, including algorithmic bias and data privacy, while the role of civil servants is highlighted as pivotal to the implementation and legitimacy of digital reforms, underscoring the importance of their professional development and adherence to democratic values.
The paper further analyses the case of Serbia, assessing its strategic and normative efforts to modernise public administration through various legal and policy initiatives. Despite notable advancements in digital infrastructure and service availability, the Serbian experience reveals persistent challenges, such as bureaucratic inertia, system interoperability issues, uneven service quality, and low digital literacy among citizens.
Lastly, the study concludes that digital transformation must be approached as an inclusive and adaptive process, grounded in democratic principles and requiring coordinated engagement from all stakeholders to ensure a transparent, efficient, and citizen-centric public administration.
Keywords: public administration, digitalisation, artificial intelligence, civil servants, Serbia.
The integration of smart contracts and artificial intelligence (AI) into family law represents a major advancement in the digital transformation of legal procedures for marriage contracts. The blockchain technology enables smart contracts to function autonomously as self-executing agreements that deliver benefits through automated processes and transparent systems, and secure transactions. AI integration with these agreements enables real-time adjustments through adaptability because it allows automatic changes based on financial, legal, or personal circumstances. The implementation of family law through these agreements creates essential legal problems regarding their enforceability and jurisdictional differences, and their ability to handle marital relationship dynamics.
The paper studies the basis of smart contracts alongside their potential AI-enhanced adaptability and automation capabilities. It also studies the Serbian marriage contract legal regulation. The research investigates the legal obstacles and jurisdictional problems that emerge when these technologies are used in family law by making comparisons with other civil law jurisdictions. The article also evaluates important ethical issues related to algorithmic bias and privacy concerns before it concludes by analysing the advantages and disadvantages of AI-enhanced smart contracts for marriage contracts in Serbia.
Keywords: smart contracts, artificial intelligence, marriage contract, legal enforceability, family law digitalisation.
The legal system must adapt to rapidly evolving technologies, balancing human rights protection, particularly privacy and fair trial rights, with efficient crime prevention. Digital evidence collection requires constitutional compliance, such as obtaining search and interception warrants, while ensuring confidentiality and dignity. A key challenge is maintaining the authenticity of digital evidence through a proper chain of custody and technical expertise to prevent alteration. Digital evidence enhances criminal justice efficiency by enabling rapid data collection and analysis, but challenges like data overload and statutes of limitations persist. The rights of the accused, including defense and presumption of innocence, must be upheld in digital cases amidst global issues like inter-jurisdictional data access and international treaty compliance. This paper examines how digitization has driven global legal systems to adopt digital evidence, highlighting authentication challenges and the need for Bosnian and Herzegovinian legislators to revise laws based on the European Court of Human Rights and Constitutional Court jurisprudence. Through case studies from Bosnian and Herzegovinian courts and prosecutors’ offices, the paper illustrates both effective and problematic practices in handling digital evidence.
Keywords: digital evidence, IT expertise, criminal justice, constitutionality, jurisprudence.
The respect of minorities’ rights (and especially national minorities as part of them) has always been a challenge in both international and domestic legislation. One of the most important features of belonging to a national minority is the concept of self-declaration, which is associated with both objective and subjective criteria. Despite being sanctioned inter alia by the Framework Convention for the Protection of National Minorities (FCPNM), both notions, but especially the subjective one, comprise within themselves not well-established social, political, and legal concepts and procedures. In the present article, we shall try to analyze what those criteria are and to what extent the State can interfere with them. We shall also try to see and evaluate the limits of both objectivism and subjectivism together with the advantages and disadvantages of the right of choice as a result thereof, with a special focus on the Greek national minority in Albania and the respective legislation.
Keywords: national minorities, FCPNM, right of choice, objective and subjective criteria, Greek minority, Albania.
This contribution explores the intersection of child protection and young adulthood, focusing on the African Children’s Charter’s definition of a child as anyone under 18. It delves into Erik Erikson’s Psychosocial Development theory, specifically the sixth stage, to gain insight into the challenges of transitioning from childhood to adulthood. It then examines the African Children’s Charter and the African Children’s Committee’s jurisprudence, analysing communications, General Comments, and a landmark South African court decision. Furthermore, it scrutinises African Union initiatives, such as Agendas 2063 and 2040, to understand their implications for child protection beyond the age of 18. Ultimately, the paper concludes with recommendations on how to address the ongoing vulnerability of young adults and ensure their protection and well-being.
Keywords: continuity, institutional, jurisprudential, normative, psychosocial.
Newly adopted Croatian Law on salaries for employees in the civil service and public sector, which entered into force at the beginning of 2024, introduced salary bonuses linked to performance evaluation for both sectors. While civil service employees already had regular performance evaluation in place, public employees did not have such evaluation. In addition to legal provisions, in October 2024 the Government introduced Regulation on Procedure, Criteria and Method of Performance Evaluation which is to enter into force at the beginning of 2026 and caused significant public outcry, particularly in certain sectors like high education.
The primary research question of this paper is whether professional solidarity can be put to the test by introducing performance evaluation fully dependent on the internal mechanisms of performance evaluation and without a proper discourse of external appeal mechanism. Further, we will explore if proposed evaluation in institutions of higher education where work tasks are mainly independent and difficult to assess has the potential to further disintegrate professional solidarity, which is already vulnerable to ongoing weakening of the collective bargaining and professional associations.
Keywords: solidarity, performance evaluation, public employees, Croatian legislation, high education.
The paper analyses the connection between the fundamental rights, i.e., fundamental values from the Charter, and the general objectives set by Directive (EU) 2019/1023 of the European Parliament and the Council in relation to consumer bankruptcy, with solidarity being validated in a wider sense. Consumer bankruptcy as a part of the fundamental right guaranteed by the Charter of Fundamental Rights of the European Union, or protected value, is analysed in relation to the general objectives of the Directive, with reference to the sociological meaning and definition of solidarity as a legal principle. These values are related to consumer protection in the range of social rights. The Directive stipulates that EU member states can also apply to natural persons the procedures that lead to the discharge of debt incurred by an insolvent entrepreneur. These objectives indirectly enable the protection of fundamental rights guaranteed by the Charter, and they also relate to consumer protection. If solidarity in its definition includes freewill, voluntarism, or social bond, with the adoption of the Directive, those components are absent because the obligation to achieve certain objectives is imposed on the member states. Regarding the Directive’s objectives, free will, voluntarism, or social bond as an assumption of solidarity is missing. Because of that, solidarity can be considered as imposed, forced, due to the objectives that the member states must achieve in the process of implementation.
Keywords: consumer bankruptcy, law, solidarity, fundamental rights and values.
The principle of solidarity is a foundational and contested norm in EU constitutionalism, explicitly recognized in Article 3(3) TEU and the Charter of Fundamental Rights (CFREU). While traditionally viewed as a political aspiration, recent CJEU jurisprudence has transformed solidarity into a legally enforceable principle, particularly in disability rights law. This paper argues that disability rights serve as a test for the constitutional effectiveness of solidarity, demonstrating the extent to which the CJEU enforces social inclusion as a fundamental rights obligations.
By analyzing landmark cases such as Chacón Navas (C-13/05), HK Danmark (C-335/11 and Ring and Werge (C-335/11 & C-337/11), and DW v. Nobel Plastiques Ibérica SA (Case C-397/18) among others, this study illustrates how the CJEU has progressively aligned EU disability law with international human rights standards, particularly the UN CRPD. The Court’s interpretation of anti-discrimination law and reasonable accommodation obligations has solidified solidarity as a legally binding principle, imposing direct obligations on employers, institutions, and Member States.
Drawing on constitutionalization theories (De Búrca, 2000, 2011, 2017; Weiler, 1999; Jankov, 2007), this paper situates CJEU jurisprudence within EU constitutional transformation, arguing that disability rights provide a benchmark for evaluating the enforceability of solidarity. The study concludes that solidarity is progressively gaining legal force through judicial interpretation, and its broader application in EU law depends on further judicial and legislative developments, particularly in its application by Member States.
Keywords: EU Disability Law, European Accessibility Act, UN Convention on the Rights of Persons with Disabilities (CRPD), Reasonable Accommodation, Court of Justice of the European Union (CJEU).